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21-R-126 - Nov 2, 2021 Bond CanvassRESOLUTION NO. 21-R-126 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on August 10, 2021, the City Council (the Council) of the City of Schertz, Texas (the City) ordered an election to be held on November 2, 2021 for the purpose of determining whether the resident, qualified voters of the City would authorize the issuance of general obligation bonds by the City; and WHEREAS, the Council has reviewed and investigated all matters pertaining to this election, including the resolving, notices, election officers, holding, and returns thereof; and WHEREAS, the Council hereby canvasses the returns of this election, at which there was submitted to all resident, qualified voters of the City for their action thereupon, the following proposition: PROPOSITION A "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $15,450,000 for the purpose of making permanent public improvements or other public purposes, to wit: acquiring, constructing, improving, renovating, and equipping public safety facilities (to include a new fire station), acquiring lands and rights -of -way necessary thereto, and completing related landscaping, such bonds to mature serially or otherwise (not more than 40 years from their date) in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" and WHEREAS, the Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the Council by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and WHEREAS, from these returns, this Council hereby finds that the following votes were cast in the election by voters who were resident, qualified voters of the City: PROPOSITION A "THE ISSUANCE OF NOT TO EXCEED $15,450,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES (INCLUDING A NEW FIRE STATION), AND THE LEVYING OF A TAX IN PAYMENT THEREOF" Bexar For Bexar A ainst Early Votes (including mail ballots) 137 71 Election Day Votes 151 71 TOTAL 288 142 Early Votes (including mail ballots) Comal For Comal Against 40 19 Election Day Votes TOTAL 40 19 80 38 NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: The Council officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the order calling the election. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas voting in such election, having voted FOR the authorization and issuance of $15,450,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition A, the Council hereby finds and determines that Proposition A passed at the election, that the election was duly, called, that proper notice was given, and that the election was held in all aspects in -2- ] 03340740.4 Guadalupe For Guadalupe Against Early Votes (including mail ballots) 1258 466 Election Day Votes 834 411 TOTAL 2092 877 rGRAND TOTAL 2460 1057 NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: The Council officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the order calling the election. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas voting in such election, having voted FOR the authorization and issuance of $15,450,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition A, the Council hereby finds and determines that Proposition A passed at the election, that the election was duly, called, that proper notice was given, and that the election was held in all aspects in -2- ] 03340740.4 conformity with the law, and that the Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in the Proposition and with law. 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 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 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 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 Chapter 551, as amended, Texas Government Code. SECTION 8: Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Resolution shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances or resolutions. -3- 103340740.4 PASSED, ADOPTED AND APPROVED on November 15, 2021, the date of the canvassing meeting. CITY OF SCHERTZ, TEXAS Rao duti&z, Mayor ATTEST: r. . renda Dennis, City Secretary (CITY SEAL) -4- 103340740.4 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTIES OF GUADALUPE, BEXAR § AND COMAL § CITY OF SCHERTZ THE UNDERSIGNED HEREBY CERTIFIES that: On the 15a' day of November, 2021, the City Council (the Council) of the City of Schertz, Texas (the City) convened in special session at its regular meeting place in the City Hall of the City (the Meeting), the duly constituted members of the Council being as follows: Ralph Gutierrez Mark E. Davis Rosemary Scott Jill Whittaker Michael Dahle David L. Scagliola Allison Heyward Tim Brown Mayor Councilmember, Place 1 Councilmember, Place 2 Councilmember, Place 3 Councilmember, Place 4 Councilmember, Place 5 Councilmember, Place 6 Councilmember, Place 7 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 CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH was introduced and submitted to the Council for passage and adoption. After presentation and discussion of the Resolution, a motion was made by Councilmember Wuw caS that the Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The motion was seconded by Councilmember and carried by the following vote: voted "For" voted "Against " abstained all as shown in the official Minutes of the Council for the Meeting. 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 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, was open to the public and written notice of said meeting, including the subject 103038031.4 of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. [The remainder of this page intentionally left blank.] 103038031.4 - 2 - IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 15'h day of November, 2021. 6 i Secretary City of Schertz (CITY SEAL) Signature page to Secretary Certificate Regarding Resolution Canvassing Election 103038031.4 AFFIDAVIT OF POSTING NOTICE OF ELECTION AND SAMPLE BALLOT THE STATE OF TEXAS § COUNTIES OF GUADALUPE, BEXAR AND COMAL § CITY OF SCHERTZ § I, THE UNDERSIGNED, under oath do hereby swear that I am the City Secretary of the City of Schertz, Texas (the City), and further state: (1) On October , 2021, which is a day that is at least twenty -one (21) days prior to November 2, 2021 (the Election Day , being the date of the City's bond election (the Election), I (or my authorized agents) posted or caused to be posted a true and correct copy of the attached NOTICE OF ELECTION and SAMPLE BALLOT, in English and Spanish, on the City's Internet Website (in a prominent location) and additional copies of the NOTICE OF ELECTION, in English and Spanish, were posted physically at each of the public places within the boundaries of the City named below: (A) ONE on the bulletin board used for posting notices of meetings of the City's governing body; (B) ONE at (C) ONE at (D) ONE at and (2) The above - described notices and sample ballot remained posted during the twenty -one (21) days prior to and including Election Day. (3) I (or my authorized agents) posted (or caused to be posted) a true and correct copy of the attached NOTICE OF ELECTION, in English and Spanish, in a prominent location at each of the polling locations utilized during Early and Election Day Voting, as listed on Exhibits A and B of such Notice, and such Notice remained posted at the listed locations for the duration that such locations were utilized as Election polling sites. Dated: t i l- (after the election) SUBSCRIBED AND SWORN TO before me, witness my hand and seal of office. Dated: ` i ` WZ/ (same date as above) (SEAL) SHEILA M. EDMONDSON NOTARY PUBLIC - STATE OF TEXAS ID i 12495213.1 My Commission Expires 03/1711025 Signed: (2" City Secretary, Schertz, Texas the undersigned authority, on this day, to verify which Signed: / Notary 04lic in and for the State of Texas