18-R-137 - Authorizing a First Amendment to the Southern Plant Wastewater Service and Funding agreementWHEREAS, the City Council (the Council) of the City of Schertz, Texas (the City) has
previously discussed and desired to participate in the design, acquisition, construction, and
equipment of a new regional wastewater system (the Southern Plant) that will be owned, managed,
maintained, operated, and potentially expanded by the Cibolo Creek Municipal Authority (the
Authority); and
WHEREAS, the City Council of the City of Cibolo, Texas (Cibolo) and the Board of
Directors of the Authority also wanted to participate in the design, acquisition, construction, and
equipment of the Southern Plant; and
WHEREAS, the City, Cibolo, and the Authority previously approved the issuance of
obligations designated as "Cibolo Creek Municipal Authority Contract Revenue Bonds, Series
2014 (Southern Wastewater Treatment Plant Project) ", dated September 1, 2014, in the principal
amount of $6,950,000 (the 2014 Obligations) to finance certain costs to design, acquire, construct,
and equip the Southern Plant and to pay the costs of issuing the 2014 Obligations; and
WHEREAS, the Authority received the proceeds of the 2014 Obligations on October 8,
2014; and
WHEREAS, the City, Cibolo, and the Authority previously executed a Southern Plant
Wastewater Services and Funding Agreement, dated August 26, 2014 (the "2014 Funding
Agreement ") relating to the Southern Plant that is attached as Exhibit A hereto; and
WHEREAS, the cost of constructing the Southern Plant has increased and the Authority
will need to authorize the issuance of not to exceed $4,500,000 in additional contract revenue
bonds to complete the Southern Plant; and
WHEREAS, as such, the 2014 Funding Agreement must be amended by a First
Amendment to the 2014 Funding Agreement that is attached as Exhibit B hereto; and
WHEREAS, the Authority, the City, and Cibolo are authorized to enter into the 2014
Funding Agreement and the First Amendment thereto pursuant to Chapter 8166 of the Texas
Special District Local Laws Code, Chapter 791 of the Texas Government Code, Chapter 30 of the
Texas Water Code, and other applicable laws;
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WHEREAS, the Council hereby finds and determines the adoption of this Resolution and
the execution of the First Amendment to the 2014 Funding Agreement are 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
SECTION 1. The First Amendment to the 2014 Funding Agreement, attached hereto in
substantially final form as Exhibit B, is incorporated by reference to this Resolution for all
purposes, is hereby approved by the Council. This First Amendment to the 2014 Funding
Agreement authorizes and consents to the issuance of up to $4,500,000 in additional contract
revenue bonds by the Authority, but only otherwise amends Exhibits B and C to the 2014 Funding
Agreement to recognize this increase in construction costs of the Southern Plant and the increased
debt service requirements on the 2014 Southern Plant Bonds and 2018 Southern Plant Bonds and
otherwise the 2014 Funding Agreement is approved, ratified, reconfirmed and readopted in all
respects.
SECTION 2. The Mayor, the Mayor Pro Tem, the City Manager, and the City Secretary
of the City are hereby authorized to execute and seal the First Amendment to the 2014 Funding
Agreement.
SECTION 3. The Mayor, the Mayor Pro Tern, the City Manager, and /or the City
Secretary (each an Authorized Officiao are authorized to approve any nonsubstantive changes to
the First Amendment to the 2014 Funding Agreement in order that the First Amendment to the
2014 Funding Agreement may be finalized. An Authorized Official shall present the finalized
version of the First Amendment to the 2014 Funding Agreement at the next Council meeting after
the First Amendment to the 2014 Funding Agreement is finalized.
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 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 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
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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.
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PASSED AND APPROVED, this the 23`d day of October, 2018.
CITY OF SCHERTZ, TEXAS
or
ATTEST:
City Secretary
(CITY SEAL)
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SOUTHERN PLANT WASTEWATER SERVICES AND FUNDING AGREEMENT
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FIRST AMENDMENT TO
SOUTHERN PLANT WASTEWATER SERVICES AND FUNDING AGREEMENT
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