16-R-42 - Authorizing & Aapproving publication of notice of intention to issue one or more series of Certificates of ObligationWHEREAS, the City Council (the City Council) of the 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 $3,900,000 as provided
pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local
Government Code, Section 271.041 through Section 271.064, 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) designing, constructing, renovating, improving, and
equipping a community swimming pool and aquatic facility of competition quality,
(2) designing, constructing, renovating, improving, and equipping various facilities located in the
City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping
Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center,
(5) constructing street and bridge improvements (including utilities repair, replacement, and
relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping
incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping,
land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital
improvements, and (7) 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 Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission 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 of facts 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 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 Rule; and
40559118.7
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
execute any document or certificate in order to allow the City to comply with the requirements
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 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; and
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 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
$3,900,000 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) designing,
constructing, renovating, improving, and equipping a community swimming pool and aquatic
facility of competition quality, (2) designing, constructing, renovating, improving, and equipping
various facilities located in the City's Municipal Complex, (3) designing, constructing,
renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the
City's Recreational Center, (5) constructing street and bridge improvements (including utilities
repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including
drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment,
machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to
the aforementioned capital improvements, and (7) the payment of professional services related to
the design, construction, project management, and financing of the aforementioned capital
improvements. 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 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 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
40559118.7 -2-
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, Director of Finance, 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 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
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 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 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 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 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 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. 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.]
40559118.7 -3-
A
n
� r
May6f '
Ovogum
City Secretary
(CITY SEAL)
40559118.7 —4—
I . On the 281h day of June, 2016, 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:
Michael Carpenter
Cedric Edwards, Sr
Grumpy Azzoz
Jim Fowler
Daryl John
Robin Thompson
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
and all of such persons were present at the Meeting, except the following: ,o
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 ONE OR MORE SERIES OF CERTIFICATES OF
OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED
IN SECURITIES AND EXCHANGE COMMISSION RULE l5c2-12; AND
PROVIDING AN EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoption. After presentation an
discussion of the Resolution, a motion was made by Councilmember tnko t� r frn rMn
that the Resolution be finally passed and adopted in accordance with the 6ty's Home Rule
Charter. The motion was seconded by Councilmember and carried by the
following vote:
Avoted "For" --�- voted "Against" T) abstained
all as shown in the official Minutes of the Council for the Meeting.
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 Council of the City on
the date of the Meeting are those persons shown above, and, according to the records of my
27307068.2
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 he considered; and the Meeting and
deliberation of the aforesaid public business, was open To the public and written notice of said
meeting, including the aohicut of the Resolution, was posted and given in advance thereof in
compliance with the provisions of Chapter 55 1, as amended, Texas Government Code.
IN WITNESS WHEREOF, Ibavc signed myname officially and affixed the oca| of the
City, this 2 gth day of June, 2016.
(CITY SEAL)
City �ecretary,
City of Schertz, Texas
-2-
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 2016A AND 2016B
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 6:00 o'clock P.M.,
Schertz, Texas time on August 2, 2016, 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 (the interest
on which may or may not be taxable under applicable federal law) in an aggregate principal
amount not to exceed $3,900,000 for the purpose or purposes of paying contractual obligations
of the City to be incurred for making permanent public improvements and for other public
purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a
community swimming pool and aquatic facility of competition quality, (2) designing,
constructing, renovating, improving, and equipping various facilities located in the City's
Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire
Station 42, (4) acquiring replacement windows for the City's Recreational Center,
(5) constructing street and bridge improvements (including utilities repair, replacement, and
relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping
incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping,
land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital
improvements, and (7) the payment of professional services related to the design, construction,
project management, 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, Texas Local Government Code
Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code,
and the City's Home Rule Charter.
/s/ Brenda Dennis
City Secretary,
City of Schertz, Texas
40559118.7 A -1
A N all
THE STATE OF TEXAS §
COUNTIES OF BEXAR, COMAL AND §
GUADALUPE §
CITY OF SCHERTZ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared , who, after being by me duly sworn,
upon oath says that he /she is a representative of , a
newspaper of general circulation in the City of Schertz, Texas which newspaper satisfies each of
the requirements of Subchapter C, Chapter 2051, as amended, Texas Government 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 Government Code, and that there was published
in said newspaper a true and correct copy of the attached NOTICE OF INTENTION to issue
certificates of obligation on the following dates:
Signature
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on
the day of , 2016, to verify which witness my hand and seal
of office.
Notary Public in and for the
State of Texas
(NOTARY SEAL)
27306912.1
Norton Rose Fulbright US LLP
Via E- Mail 300 Convent Street, Suite 2100
Via Federal Express San Antonio, Texas 78205-3792
United States
Re: City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates •
Obligation, Series 2016A and City of Schertz, Texas Combination Tax and Limited
Pledge Revenue Certificates of Obligation, Taxable Series 2016B
i sur w no
* 1 .. -
Please return all properly executed and sealed signatures pages and one completed copy of the
City Secretary's Certificates to me at your earliest convenience. The remaining copies should
be retained for the City's files.
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27307059.2
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose
Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Vereln, a SvAss verein. Norton Rose
Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain
regulatory information, are available at nortonrosefulbright.com.
W. Jeffrey Kuhn
Mr. John C. Kessel
Partner
City Manager
Direct line +1210 270 7131
City of chertz
wjeffrey.kuhn@nodonrosefuibNght.com
1400 Schertz Parkway
Schertz,Texas 78154
Tel +1210 224 5575
Fax +1 210 270 7205
nortonrosefulbright.com
Re: City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates •
Obligation, Series 2016A and City of Schertz, Texas Combination Tax and Limited
Pledge Revenue Certificates of Obligation, Taxable Series 2016B
i sur w no
* 1 .. -
Please return all properly executed and sealed signatures pages and one completed copy of the
City Secretary's Certificates to me at your earliest convenience. The remaining copies should
be retained for the City's files.
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27307059.2
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose
Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Vereln, a SvAss verein. Norton Rose
Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain
regulatory information, are available at nortonrosefulbright.com.
Mr. John C. Kessel
June 14, 2016
Page 2
NORTON ROSE FULBRIGHT
Thank you, in advance, for your prompt attention to this matter. If I can provide any additional
assistance concerning this matter, please do not hesitate to contact me.
Very truly yours,
W. Jeffry
WJK/jcq
Enclosures
cc: Mr. Juan Santoya (City of Schertz, Texas)
Mr. James Walters (City of Schertz, Texas)
Ms. Brenda Dennis (City of Schertz, Texas)
Mr. Charles Zech (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.)
Mr. Mark McLiney (SAMCO Capital Markets, Inc,)
Mr. Andrew Friedman (SAMCO Capital Markets, Inc.)
Mr. Tom Saint John (SAMCO Capital Markets, Inc.)
Ms, Veronica Alonzo (SAMCO Capital Markets, Inc.)
Mr. James P. Plummer (Firm)
Mr, Clay Binford (Firm)
Ms. Stephanie V. Leibe (Firm)
Mr. Adam C. Harden (Firm)
Mr. Arnold Cantu III (Firm)
Ms. Lauren N. Ferrero (Firm)
Mr. Matthew A. Lee (Firm)
27307059,2
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 2016A AND 2016B
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 6:00 o'clock P.M.,
Schertz, Texas time on July 26, 2016, 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 (the interest
on which may or may not be taxable under applicable federal law) in an aggregate principal
amount not to exceed $3,900,000 for the purpose or purposes of paying contractual obligations
of the City to be incurred for making permanent public improvements and for other public
purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a
community swimming pool and aquatic facility of competition quality, (2) designing,
constructing, renovating, improving, and equipping various facilities located in the City's
Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire
Station #2, (4) acquiring replacement windows for the City's Recreational Center,
(5) constructing street and bridge improvements (including utilities repair, replacement, and
relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping
incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping,
land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital
improvements, and (7) the payment of professional services related to the design, construction,
project management, 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, Texas Local Government Code
Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code,
and the City's Home Rule Charter.
/g/ Brenda Dennis
City Secretary,
City of Schertz, Texas
27306905.1