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1990R02- CERTIFICATES OF OBLIGATION . . . . ... RESOLUTION NO. 90-R-2 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 Cound I) 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 $850,000 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, for the purpose of paying contractual obligations of the City to be incurred for making permanent pUblic improvements and for other public purposes, including (I) purchase of rights-of-way for street improvements, (2) purchase of land for an animal control facility, (3) construction of public works, including construction of a building or buildings and acquisition of equipment therefor for an animal control facility, (4) purchase of land and an existing building for a public works service center facility and renovation and improvement thereof and acquisition of equipment therefor, or purchase of land and construction of a building and acquisition of equipment for a pUblic works service center faci li ty, (5) purchase of police vehicles and communications equipment, and (6) 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; 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 $850,000 for the purpose of paying .., contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, including (I) purchase of rights-of-way for street improvements, (2) purchase of land for an animal control facility, (3) construction of public works, including construction of a building or buildings and acquisition of equipment therefor for an animal control facility, (4) purchase of land and an existing building for a public works service center facility and renovation and improvement thereof and acquisition of equipment therefor, or purchase of land and construction of a building and acquisition of equipment for a pUblic works service center facility, (5) purchase of police vehicles and communications equipment, and (6) 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 a limited amount of the net revenues of the Ci ty' s combined waterworks and 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 of the City of Schertz, Texas. 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 -2- 2905Z .. .' application of such provision to other circumstances shall nevertheless be valid, Council hereby declares that this Resolution enacted without such invalid provision. persons and this would have and City been SECTION 7: It is officially found, determined, an~ 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. PASSED AND ADOPTED on the 16th day of January, 1990. ATTEST: (CITY SEAL) -3-. 2905Z . EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council (the Counci I) of the City of Schertz, Texas (the City), shall convene at 7:00 o'clock P.M. on the 20th day of February, 1990, 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 $850,000 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) purchase of rights-of-way for street improvements, (2) purchase of land for an animal control facility, (3) construction of public works, including construction of a building or buildings and acquisition of equipment therefor for an animal control facility, (4) purchase of land and an existing building for, a public works service center facility and renovation and improvement thereof and acquisition of equipment therefor, or purchase of land and construction of a building and acquisition of equipment for a public works service center facility, (5) purchase of pOlice vehicles and communications equipment, and (6) payment for professional services. The certificates of obligation will be payable from the levy of an annual ad valorem tax, wi thin the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain net revenues of the City's combined waterworks and 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 Home Rule Charter of the City. City Secretary, City of Schertz, Texas -4": 2905Z t I .. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS ~ ~ ~ ~ ~ ~ COUNTIES OF GUADALUPE, COMAL, AND BEXAR CITY OF SCHERTZ THE UNDERSIGNED HEREBY CERTIFIES that: 1. The City Council of the City of Schertz, Texas (the City) convened on the 16th day of January, 1990, 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 Hal Baldwin Ken Greenwald Earl P. Hartzog Mary A. Marsh Barbara L. Stanhope Mayor Mayor Pro Tern Councilmember Councilmember . Councilmember Councilmember and all of said persons were present at the Meeting, except the following: 1T.Ll. f"Re"",,,-v/ , thus constituting a quorum. Among other business considered at the Meeting, t.he 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 was then duly moved by Councilmember seconded by Counci 1member 57fw ho Of" be adopted; and, after due discJssion, and carried by the following vote: the City Council. It HE,t,d I.) ; AJ and that the Resolution such motion prevai led ..s- voted "For" () voted "Against" o "Abstained" all as shown in the official Minutes of the City 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 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 sea 1 of the Ci ty, thi s 16th day of January, 1990. City Secretary, City of Schertz, Texas (CITY SEAL) 2906Z -2-'