2001R25- CERTIFICATES OF OBLIGATION
RESOLUTION NO. () 1- ! .,2S"
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION;
COMPLYING WITH THE REQUIREMENTS CONT AINED IN
SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the City Council) ofthe City of Schertz, Texas (the City) has
determined that it is advisable and necessary to issue and sell one or more series of certificates of
obligation (the Certificates) in an amount not to exceed $4,500,000 as provided pursuant to the
provisions of the Certificate of Obligation Act of 1971, as amended, Local Government Code,
Section 271.041 through 271.063, for the purpose of paying contractual obligations of the City to
be incurred for making permanent public improvements and for other public purposes, to-wit:
(1) constructing street and sidewalk improvements (including utilities repair, replacement, and
relocation) and drainage incidental thereto relating to Schertz Parkway, (2) constructing drainage
improvements relating to Schertz Parkway, (3) constructing signage and other improvements
designating Schertz Parkway, (4) the purchase of land and rights-of-way for authorized needs and
purposes with respect to the street improvements relating to Schertz Parkway, and (5) the payment
of professional services related to the construction and financing ofthe aforementioned projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in 17
C.F.R. 9240.15c2-12 (the Securities and Exchange Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials of
the City must find to the best of their knowledge and belief, after reasonable investigation, that the
representations off acts pertaining to the City contained in the Official Statement are true and correct
and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that
would adversely affect the issuance of the Certificates or the City's ability to pay the debt service
requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the Securities
and Exchange Rule concerning the creation of a contractual obligation between the City and the
proposed purchaser(s) ofthe Certificates (the Purchasers) to provide the Purchasers with an Official
Statement in a time and manner that will enable the Purchasers to comply with the distribution
requirements and continuing disclosure requirements contained in the Securities and Exchange Rule;
and
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WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the
City Attorney, as appropriate, or their designees, to review, approve, and execute any document or
certificate in order to allow the City to comply with the requirements contained in the Securities and
Exchange Rule; and
WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish
notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such
notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance
authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued,
(iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City
Council proposes to pay the Certificates; and
WHEREAS, the City Council hereby finds and determines that such documents pertaining
to the sale of the Certificates should be approved, and the City should proceed with the giving of
notice of intention to issue the Certificates in the time, form, and manner provided by law;
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the citizens of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$4,500,000 for the purpose of paying contractual obligations of the City to be incurred for making
permanent public improvements and for other public purposes, to-wit: (1) constructing street and
sidewalk improvements (including utilities repair, replacement, and relocation) and drainage
incidental thereto relating to Schertz Parkway, (2) constructing drainage improvements relating to
Schertz Parkway, (3) constructing signage and other improvements designating Schertz Parkway,
(4) the purchase of land and rights-of-way for authorized needs and purposes with respect to the
street improvements relating to Schertz Parkway, and (5) the payment of professional services
related to the construction and financing of the aforementioned projects. The Certificates will be
payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon
all taxable property within the City and additionally from a pledge of and lien on certain revenues
derived from the operation ofthe City's utility system. The notice hereby approved and authorized
to be published shall read substantially in the form and content of Exhibit A attached hereto, which
notice is incorporated herein by reference as a part of this Resolution for all purposes.
SECTION 2: The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City, once a week for two consecutive weeks,
the date of the first publication shall be at least fifteen (15) days prior to the date stated therein for
passage of the resolution authorizing the issuance of the Certificates.
SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as
appropriate, or their designees, are authorized to review and approve the Official Statement
pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
certificate in order to comply with the requirements contained in the Securities and Exchange Rule.
SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of
the judgment and findings of the City Council.
SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision ofthis Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
SECTION 6: This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 7: If any provision ofthis Resolution or the application thereofto any person or
circumstance shall be held to be invalid, the remainder ofthis Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 8: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice ofthe time, place, and subject matter
ofthe public business to be considered at such meeting, including this Resolution, was given, all as
required by Chapter 551, as amended, Texas Government Code.
SECTION 9: This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
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PASSED AND APPROVED, this the 17th day of July, 2001.
ATTEST:
~ ~.~O~
City Secretary
(CITY SEAL)
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CITY OF SCHERTZ, TEXAS
oL~
Mayor
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Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will
convene at its regular meeting place in the City Hall in Schertz, Texas, at 7:00 o'clock P.M., Schertz,
Texas time on August 7,200 I, and, during such meeting, the City Council will consider the passage
of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize
the issuance of one or more series of certificates of obligation in an aggregate principal amount not
to exceed $4,500,000 for the purpose or purposes of paying contractual obligations ofthe City to be
incurred for making permanent public improvements and for other public purposes, to-wit:
(1) constructing street and sidewalk improvements (including utilities repair, replacement, and
relocation) and drainage incidental thereto relating to Schertz Parkway, (2) constructing drainage
improvements relating to Schertz Parkway, (3) constructing signage and other improvements
designating Schertz Parkway, (4) the purchase ofland and rights-of-way for authorized needs and
purposes with respect to the street improvements relating to Schertz Parkway, and (5) the payment
of professional services related to the construction and financing of the aforementioned projects.
The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem
tax, within the limitations prescribed by law, upon all taxable property within the City and from a
lien on and pledge of certain revenues derived by the City from the operation of the City's utility
system. The Certificates are to be issued, and this notice is given, under and pursuant to the
provisions of the Certificate of Obligation Act of 1971, as amended, Local Government Code
Section 271.041 through Section 271.063, Chapter 1502, as amended, Texas Government Code, and
the City's Home Rule Charter.
~17~<lJ~ J
City Secretary
City of Schertz, Texas
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A-I
CERTIFICATE OF CITY SECRETARY
CITY OF SCHERTZ
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THE STATE OF TEXAS
COUNTIES OF GUADALUPE,
COMAL AND BEXAR
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 17th day of July, 2001, the City Council (the Council) of the City of Schertz,
Texas (the City) convened in regular session at its regular meeting place in the City Hall ofthe City
(the Meeting), the duly constituted members of the Council being as follows:
Hal Baldwin Mayor
Norma Head Mayor Pro Tem
Reginna Agee Councilmember
Ken Greenwald Councilmember
Billy Pitts Councilmember
Timothy G. Swinney Councilmember
mll'l6r ~4P/dMN
and all of such persons were present at the Meeting, except the following: '1i'111 .5 ~,."'" IY,
thus constituting a quorum. Among other business considered at the Meeting, the attached resolution
(the Resolution) entitled:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION;
COMPLYING WITH THE REQUIREMENTS CONT AINED IN
SECURITIES AND EXCHANGE COMMISSION RULE lSc2-12; AND
PROVIDING AN EFFECTIVE DATE
was introduced and submitted to the Council. After preS-:on and due consideration of the
Ordinance, a motion was made by Councilmember ~ N WIll J the Ordinance be
read for a first time in.lCCOrdAc~ with the City's Home Rule Charter. The motion was seconded
by Councilmember lJ,'//V 7T+S and carried by the following vote:
'-/-
voted "For"
o
voted "Against"
D
abstained
all as shown in the official Minutes of the Council for the Meeting.
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2. The attached Resolution is a true and correct copy ofthe original on file in the official
records ofthe City; the duly qualified and acting members ofthe Council ofthe City on the date of
the Meeting are those persons shown above, and, according to the records of my office, each member
ofthe Council was given actual notice ofthe time, place, and purpose ofthe Meeting and had actual
notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid
public business, including the subject of the Resolution, was posted and given in advance thereof
in compliance with the provisions of Chapter 551, as amended, Texas Government Code.
IN WITNESS WHEREOF, I have signed my name officially and affixed the seal ofthe City,
this 17th day of July, 2001.
~..J~.~
City Secretary,
City of Schertz, Texas
(SEAL)
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FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
TELEPHONE: 210/224-5575
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SAN ANTONIO. TEXAS 78205
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August 21, 2001
Re: City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of
Obligation, Series 2001
Mr. Dewey P. Cashwell, Jr.
City Manager
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154-0890
FEDERAL EXPRESS
Dear Mr. Cashwell:
I enclose the following documents in connection with the captioned financing which were approved
at the July 17,2001 meeting of the City Council for re-execution by Mayor Baldwin and Norma Althouse:
1. Resolution authorizing giving Notice ofIntention to Issue the Certificates (one copy and five
signature pages); and
2. Certificate of City Secretary pertaining to above Resolution (two copies and five signature
pages).
Please return one completed copy of each of the Certificates of City Secretary, and all executed
signature pages to me as soon as possible so that I may forward the appropriate documents to the Attorney
General. The complete copies of the aforementioned documents should be retained for the files of the City.
Thank you, in advance, for your prompt attention to this matter. If you have any questions
concerning this matter, please do not hesitate to contact me.
WJK/sec
Enclosures
cc: Mr. Michael Spain (Firm)
Ms. Lisa G. Adelman (Firm)
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