13-R-57 - Issuance of Certificate of OblicationRESOLUTION NO, X3-R-57
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OT'
OBLIGATION; COMPLYING WITH THE REQUIREMENTS
CONTAINED IN SECURITIES AND EXCIIANGE COMMISSION
RULE 15cZ-12; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the City Courrc~l} of the City of Schertz, Texas {the City)
has determined that it is advisable and necessary to issue and sell olte or more series of
certificates of obligation (the Certificates) in an amount not to exceed $5,000,000 as provided
pursuant to the provisions of the Ccltificate of Obligation Act of 1971, as amended, Texas Local
Goverlunent Code, Section 271.041 through Section 271.064, for the purpose of paying
contractual obligations of the Gity to be incurred for making permanent public improvements
and for other public purposes, to-wit: (1) constructing, acquiring, purchasing, renovating,
equipping, enlarging, and improving the City's utility system, (2}purchasing land and an
existing building that will be renovated, demolished, repaired, improved, enlarged, and equipped
for use by the City's Public Works Department and Utility System Dcpal•tment, (3) payment for•
professional services for the developtnent of a City building master plan; (4) the purchase of
materials, supplies, equipment, machinery, landscaping, land, and rights-of--way for authorized
needs and purposes relating to the aforementioned facilities; and (5) the payment of professional
services related to the design, construction, project management, and financing of the
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 Offrcia! Statement) in order to comply with the requirements contained in
17 C,F,R. §240.15c2-12 (the Secrri•rttes and ~xcharrge Commissrorr Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate offcials
of the City must find to the best of their knowledge and belief, after reasonable investigation, that
the representations of facts pet•taining 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 pel•taining 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 Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the 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 Commission Ruie; and
WHEREAS, the City Council authorizes the Mayor, City Manager, Director of Finance,
City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and
57192477.t
execute any document or eertifrcate in order to allow the City to comply with the requir~cments
contained in the Securities and Exchange Commission 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 Ccrtit"icates 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 residents of the City; now, therefore,
BE IT RESOLVED B'Y TIIE CITY COUNCIL OF THE CXTY OF SCHERTZ, TEXAS
THAT:
SECTION l: The City Secretary is hereby authorized and directed to cause notice to be
published of the Ciky Council's intention to issue the Certificates in an amount not to exceed
$5,000,000 for tl-e 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,
acquiring, purchasing, renovating, equipping, enlarging, and improving the City's utility system,
(2} purchasing land and an existing building that will be renovated, demolished, repaired,
impxoved, enlarged, and equipped for use by the City's Public Works Department and Utility
System Depar•trtrent, {3) payment for professional services for the development of a City building
master plan; (4) the purchase of materials, supplies, equipment, machinery, landscaping, land,
and rights-of--way for authorized needs and purposes relating to the aforementioned facilities;
and (5) the payment of professional services related to the design, construction, project
management, 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 ~vithin the Gity and additionally from a pledge of and lien on certain revenues
derived from the operation of the 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 ail
purposes.
SECTION 2: Ttte 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 thirty (30) days prior to the date stated
therein for passage of the ordinance authorizing the issuance of the Certificates.
SECTION 3: The Mayor, City Manager, City Secretary, Director of Finance, 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 Commission 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
pact of the judgment and findings of the City Council.
SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict ot•
inconsistent with any provision of this Resolution ace hereby repealed to the extent of such
conflict, and the provisions of this Resolution shall be and remain controllit~g as to the matters
resolved herein,
SECTION b: 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 of this Resolution or the application thereof to any person
or circumstance shall 6e 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 City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
SECTION S: 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 9: Tltis 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 infentlonally left blank.]
s~t9a~~7.t -3-
PASSED AND APPROVED, this the 30th day of Jnly, 2013.
CITY OF SCHERTZ, TEXAS
yo .
t ~ ~.c.,~.-r
ATTEST:
~:
ecreta~y
(CITY SEAL}
57192477.1 _c~_
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GI~7EN that the City Council of the City of Schertz, Texas will
convene at i#s regular meeting place in the City Hall in Scher'tz, Texas, at 6:00 o'clock P.M.,
Schertz, Texas time on September 10, 2013, 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 ar more series of certificates of obligation in
an aggregate principal amount not to exceed $5,000,000 for the purpose or purposes of paying
contrachral obligations of the Ciry to be incurred for making permanent public improvements
and for other public purposes, to-tivit: {1) constructing, acquiring, purchasing, renovating,
equipping, enlarging, and hnproving the City's utility system, (2) purchasing land and an
existing building that will be renovated, demolished, repaired, improved, enlarged, and equipped
for use by the City's Public Works Department and Utility System Department, (3) payment for
professional services for the development of a City building master plan; (4) the purchase of
materials, supplies, equipment, machinery, landscaping, land, and rights-of--way for authorized
needs and purposes relating to the aforementioned facilities; and {5) the payment of professional
services related to the design, construction, project management, and financing of the
aforementioned projects. The certificates of obligation (the CefY~cates) will be payable from
the levy of an annual ad valorem #ax, within the limitations prescribed by law, upon all taxable
property within the City and from a lien on and pledge of cer'#ain revenues derived by the City
from the operation of the City's utility system. The Certificates are to 6c issued, and this notice
is given, under and pursuant to the provisions of the CeifiiBeate of Obligation Act of 1971, as
amended, Texas Local Government Code Section 271.041 through Section 271.0&4, Chapter
1502, as amended, Texas Government Code, and the City's Home Rule Charfier.
Isl Brenda Dennis
City Secretary,
City of Sclrerrtz, Texas
57192~f77. t A_ l
ArFIDAVIT OF PUBLICATION
THE STATE OF TEXAS §
COUNTIES OF BEXAR, COMAL AND §
GUADAI~UPE §
C1TY OF SCFIERTZ
BEFORE NIE, the undersig ied autliorit a Nof~~ry Public f n anti for the State of Texas,
on this day personally appeared ~ , rvho, after being 6y me duly sworn,
upon oath says that he/she is a representative o a
newspaper of general cicculatiois in the City of Scliei'tz, Te as which. newspaper satisfies each of
the requiremejits of Suhchaptet• C, Chapter 2051, as amended, Texas Goverrufient Code, so as to
constitute an official publication in which legal noticES may be published as set forth in
Subchapter C, Chapter 2051, as amended, Texas Governmec~# Code, and. that there tivas published
in said newspaper a true and correct copy of the attached NOTICE OF INTENTION to issue
certificates of obligation oai the folfo~vitig dates;
Q~a~~ ~~, ao~~
ignatu~•e
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on the ~~
clay of _~ ~, ~ , 2013, to verify ~vliicli witness my h~ttd anct seal of olTiee.
Notary Public in acid for the
Stake of Texas
(NOT~IRY SEAL)
;~~ _
`;; _ - ~ liliy if ~trl'S
s7zo~293_i
ATrIDAVIT OT PUBLICATION
THE STATE OF TEXAS ~
COUNTIES OF BEXAR, COMAL AND §
GUADALUPE §
CITY OF SCHERTZ
BEFORE NIE, the undersi necl authorit , a Notary Public in anti foc the State of Texas,
on this day personally appeared ~ ~S ~, wiro, after being by me cluiy sworn,
upon oath says that ile/she is a representative of y a
newspaper of general circulation in the City of Scliel-Iz, Texas which newspaper satisfies each of
the requil'enients of Subchapter C, Chapter 2051, as alr~ended, Texas Goverlunent Cade, sa as to
COnStltute an offciai publication in ~vluch legal notices may be published as set fal•#h i~
Subchapter C, Chapter 2051, as amended, Texas Government Code, and that there was published
iu said newspaper a true and correct copy of the attached NOTICE OT INTENTION to issue
certificates of obligation an the follotiving dares:
Q u~U.S~ Si ~~_
Q .St3 I~ at ~ 3
Signature
SUBSCRIBED AND SWORN TO before me, the undersigned authority, ou the ~s7-'
day of ~ Ll,~.~~/ , 2013, to verify which witness my baud and seas of office,
. ~~} /•
Notary Public in and for the
State •of Texas
(NOTARY SEAL)
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572U7193.1