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1992R10- PUBLICATION OF NOTICE OF INTENTION " i""'" , RESOLUTION NO. 9~-R-l0 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the Council) of the City of Schertz, Texas (the City), has determined that it is advisable and necessary to issue and sell certificates of obligation in an amount not to exceed $200,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Local Government Code, Section 271.041 through Section 271.063, Texas Revised Civil Statutes Annotated Articles 1111 through 1118, as amended, Texas Revised Civil Statutes Annotated Article 1175, as amended, and the City's Home Rule Charter for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, including (1) construction of public works: building, improving, extending, enlarging, or repairing the City's combined waterworks and sanitary sewer system, and (2) payment for professional services; and WHEREAS, prior to the issuance of such certificates of obligation, the City Council is required to publish notice of its intention to issue the certificates of obligation 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 of obligation, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates of obligation are to be issued, and (iv) the manner in which the City Council proposes to pay the certificates of obligation; and WHEREAS, the City Council hereby finds and determines that this action 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 certificates of obligation in an amount not to exceed $200,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, including (1) construction of public works: building, improving, extending, enlarging, or repairing the City's combined waterworks and sanitary sewer system, and (2) payment for professional services. The certificates of obligation 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 of the net revenues derived from the operation of the City's combined 0031282 . ' i waterworks and sanitary sewer 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 aforesaid notice 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 to be at least fifteen (15) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: 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 4: 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 5: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6: If any provision ofthis 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 this City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: 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 Texas Revised Civil Statutes Annotated Article 6252-17, as amended. SECTION 8: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 0031282 -2- . ) PASSED AND ADOPTED on the 20th day of October, 1992. ATTEST: (CITY SEAL) 0031282 CITY OF SCHERTZ, TEXAS ,tt'J~~~ Mayor -3- . . EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council (the Council) of the City of Schertz, Texas (the City), shall convene at 7:00 o'clock P.M. on the 17th day of November, 1992, at its regular meeting place in the City Hall of the City, and, during such meeting, the Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $200,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, including (1) construction of public works: building, improving, extending, enlarging, or repairing the City's combined waterworks and sanitary sewer system, and (2) payment for professional services. The certificates of obligation 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 of the net revenues derived from the operation of the City's combined waterworks and sanitary sewer system. The certificates of obligation 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, Texas Revised Civil Statutes Annotated Articles 1111 through 1118, as amended, Texas Revised Civil Statutes Annotated Article 1175, as amended, and the City's Home Rule Charter. 0031282 -4- RAUSCHER PIERCE REFSNES,INC. November 17,1992 ADDENDUM: $620,000 CITY OF SCHERTZ, TEXAS (Guadalupe, Comal & Bexar Counties) General Obligation Bonds, Series 1992 AND $200,000 CITY OF SCHERTZ, TEXAS (Guadalupe, Comal & Bexar Counties) Combination Tax and Junior Lien Revenue Certificates of Obligation, Series 1992 Selling: Tuesday, November 17, 1992 at 7:00 P.M. * * * * * * * * * * * * * * * * * * * * THE FOLLOWING RATING HAS BEEN ASSIGNED TO THE ABOVE ISSUES: MOODY'S INVESTORS SERVICE - "Baa 1" * * * * * * * * * * * * * * * * * * * * 1600 NCNB Plaza, 300 Convent. San Antonio, Texas 78205 . (512) 225-6611 Member New York Stock Exchange, Inc. RECEIVED OC-; , 5 1992 FULBRIGHT & JAWORSKI 300 CONVENT STREET, SUITE 2200 SAN ANTONIO. TEXAS 78205 HOUSTON WASHINGTON, D.C. AUSTIN SAN ANTONIO DALLAS NEW YORK LOS A NG ELES LONDON ZURICH HONG KONG TELEPHONE: 512/224-5575 FACSIM I LE: 512/224.8336 WRITER'S DIRECT DIAL NUMBER: 512/270-7131 October 15, 1992 VIA MESSENGER Re: City of Schertz, Texas Combination Tax and Junior Lien Revenue Certificates of Obligation, Series 1992 Mr. Kerry Sweatt City Manager City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Dear Kerry: I enclose six (6) copies of the following documents pertaining to the captioned financing: (1) Resolution authorizing the gIvmg of notice of intention to issue certificates of obligation; (2) Certificate pertaining to the above Resolution; and (3) Affidavit of Publication. Please return five properly executed and sealed copies of the enclosed documents to me after City Council action on October 20th. The remaining copy should be retained for the files of the City. I also enclose a copy of the Notice of Intention which should be published in the Commercial Recorder once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date that the City Council adopts the ordinance authorizing the issuance of the captioned certificates. It is my understanding from Tom Anderlitch that this notice is to be published on October 29th and November 5th. 0031367 Mr. Kerry Sweatt October 15, 1992 Page 2 I also enclose as Exhibit A to this letter the caption that should be utilized in preparing the agenda item for the City Council's meeting on October 20. If you have any questions concerning the enclosed documentation, please do not hesitate to contact me. V~Tr2J Michael L. Spain MLS/mkw Enclosures cc: Thomas M. Anderlitch (w/enclosures) 0031867 . 0031367 EXHIBIT A CONSIDERATION AND APPROVAL OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH ,. ; CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS ~ ~ COUNTIES OF GUADALUPE, ~ BEXAR, AND COMAL ~ ~ CITY OF SCHERTZ ~ THE UNDERSIGNED HEREBY CERTIFIES that: 1. The City Council of the City of Schertz, Texas (the City) convened on the 20th day of October, 1992, in regular session at its regular meeting place in the City Hall of the City (the Meeting); the duly constituted officers and members of the City Council being as follows: Earl W. Sawyer Barbara L. Stanhope Ken Greenwald Mary A. Marsh Joe Potempa Hal Baldwin Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Councilmember and all of said persons were present at the Meeting, except the following:- 0- , 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, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH was introduced for the consideration of the City Council. It was then duly moved by Councilmember r~ARSH and seconded by Councilmember GREENWALD that the Resolution be adopted; and, after due discussion, such motion prevailed and carried by the following vote: L voted "For" --..fl.. voted "Against" --.iL "Abstained" all as shown in the official Minutes of the City Council for the Meeting. 0031281 .. 4 2. The attached Resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the City Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the matter 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 Texas Revised Civil Statutes Annotated Article 6252-17, as amended. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 20th day of October, 1992. City Secr tary, City of Schertz, Texas (CITY SEAL) 0031281 -2-