1997R16- TAX EXEMPT OBLIGATIONS
lCE.5oJ..l/fto.N A!&, ?1-j!-N~
A RESOLUTION RELATING TO ESTABLlSIllNG THE CITY'S
INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL
EXPENDITURE OF FUNDS FROM THE PROCEEDS OF
TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR
AUTHORT7.F.n PURPOSES; AUTHORIZING OTHER MATTERS
INCIDENT AND RELATED THERETO; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council (the Governing Body) of the City of Schertz, Texas
(the IS,suer) has entered into or will enter into various contracts pertaining to the
expenditure oflawfully available funds ofthe Issuer to finance the costs associated with
(i) the acquisition of land for police, fire, and emergency medical service facilities (the
Construction Costs), (ii) the payment of various engineering costs, including design
testing, design engineering, and construction inspection related to the Construction
Costs (the Engineering Costs), (iii) the payment of various architectural costs, including
preparation of plans and specifications and various other plans and drawings related
to the Construction Costs (the Architectural Costs), and (iv) the payment of various
administrative costs, including the fees of bond counsel, financial advisor, and bond
printer [the Administrative Costs, the Construction Costs, Engineering Costs, the
Architectural Costs, and Administrative Costs collectively constitute costs of the project
(the Project)]; and
WHEREAS, the provisions of Section 7(b) of Texas Revised Civil Statutes
Annotated Article 717k-6, as amended, provide that the proceeds from the sale of
obligations issued to finance the acquisition, construction, equipping, or furnishing of
any project or facilities, such as the Project, may be used to reimburse the Issuer, for
costs attributable to such project or facilities paid or incurred before the date of
issuance of such obligations; and
WHEREAS, the United States Department of Treasury (the Department) released
Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of
obligations are spent and therefore are no longer subject to various federal income tax
restrictions contained in the Internal Revenue Code of 1986, as amended (the Code);
and
WHEREAS, the Issuer intends to reimburse itself, within eighteen months from
the later of the date of expenditure or the date the property financed is placed in
service (but in no event more than three years after the original expenditures is paid),
for the prior lawful capital expenditure of funds from the proceeds of one or more series
of tax-exempt obligations (the Obligations) that the Issuer currently contemplates
issuing in an approximate amount of $5,000,000 to finance a portion of the costs of the
Project; and
0291013
WHEREAS, under the Regulations, to fund such reimbursement with proceeds
of the Obligations, the Issuer must declare its expectation ultimately to make such
reimbursement before making the expenditures; and
WHEREAS, the Issuer hereby finds and determines that the reimbursement for
the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's
budgetary and financial circumstances; and
WHEREAS, the Governing Body hereby finds and determines that the adoption
of this Resolution is in the best interests of the citizens of the Issuer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
SECTION 1: This Resolution is a declaration of intent to establish the
Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse
itself from the proceeds of the Obligations for any capital expenditures previously
incurred with respect to the Project from lawfully available general funds or other
funds of the Issuer.
SECTION 2: The Issuer intends to issue the Obligations and allocate
within 30 days after the date of issue of the Obligations the proceeds therefrom to
reimburse the Issuer for prior lawful expenditures with respect to the Project in a
manner to comply with the Regulations.
SECTION 3: The reimbursement expenditure will be a type properly
chargeable to a capital account (or would be so chargeable with a proper election) under
general Federal income tax principles.
SECTION 4: The Issuer intends to otherwise comply with all the
requirements contained in the Regulations.
SECTION 5: This Resolution may be relied upon by the appropriate
officials at the Office of the Attorney General for the State of Texas, and establishes
compliance by the Issuer with the requirements of Texas law and the Regulations.
SECTION 6: With respect to the proceeds of the Obligations allocated to
reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive
device under Treasury Regulation Section 1.148-10, including using within one year of
the reimbursement allocation, the funds corresponding to the proceeds of the
Obligations in a manner that results in the creation of replacement proceeds, as defined
in Treasury Regulation Section 1.148-1, of the Obligations or another issuer of tax-
exempt obligations.
0291018
-2-
SECTION 7: 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 Governing
Body.
SECTION 8: All ordinances and resolutions, or parts thereof, which are
in conflict or inconsistent with any provision of this 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 9: This Resolution shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 10: If any provision of this Resolution or the application thereof
to any person or circumstance shall be held to be invalid, the remainder of this
Resolution and the application of such provision to other persons and circumstances
shall nevertheless be valid, and the Governing Body hereby declares that this
Resolution would have been enacted without such invalid provision.
SECTION 11: It is officially found, determined, and declared that the
meeting at which this Resolution is adopted was open to the public and public notice
of the time, place, and subject matter of the 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 12: This Resolution shall be in force and effect from and after
the date of its adoption, and it is so resolved.
[The remainder of this page intentionally left blank]
0291018
-3-
. .
:
PASSED AND APPROVED, this the 7th day of October, 1997.
ATTEST:
~~
City Secretary
(CITY SEAL)
0291018
Mayor
-4-
HERTZ, TEXAS
~
^ ""
,
.
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS ~
~
COUNTIES OF BEXAR, COMAL, ~
AND GUADALUPE ~
~
CITY OF SCHERTZ ~
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 7th day of October, 1997, 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 (the Meeting), the duly constituted members of the Council being as
follows:
Hal Baldwin
Norman Agee, Sr.
Ken Greenwald
Charles McDonald
Joe Potempa
Timothy G. Swinney
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
and all of such persons were present at the Meeting, except the following:
, thus constituting a quorum. Among other business considered at
the Meeting, the attached resolution (the Resolution) entitled:
A RESOLUTION RELATING TO ESTABLISHING THE CITY'S
INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL
EXPENDITURE OF FUNDS FROM THE PROCEEDS OF
TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR
AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS
INCIDENT AND RELATED THERETO; AND PROVIDING AN
EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoption. After
presentation and discussion of the Resolution, a motion was made by Councilmember
JOe f'OTf01 j?fI that tq.\l ReflPlution be passed and adopted. The motion was
seconded by Councilmember (fEd GI!.CEtJW,4-t...J) and carried by the following vote:
S- voted "For" ~ voted "Against" ..2.... abstained
0291020
. .
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true lind correct copy of the original on file
in the official records of the City; the duly qualified and acting members of the Council
of the City on the date of the Meeting are those persons shown above, and, according
to the records of my office, each member of the Council was given actual notice of the
time, place, and purpose of the 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 afflXed the seal
of the City, this 7th day of October, 1997.
~.rW.AJ ~~
City Secretary,
City of Schertz, Texas
(CITY SEAL)
0291020
-2-