1992R10- PUBLICATION OF NOTICE OF INTENTION
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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
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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.
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PASSED AND ADOPTED on the 20th day of October, 1992.
ATTEST:
(CITY SEAL)
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CITY OF SCHERTZ, TEXAS
,tt'J~~~
Mayor
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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.
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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.
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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)
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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
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CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS ~
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COUNTIES OF GUADALUPE, ~
BEXAR, AND COMAL ~
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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.
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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)
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