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09-10-2013 Agenda with backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL September 10, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, SEPTEMBER 10, 2013 AT 6:00 P.M. Call to Order ? Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Kyle Cox, First Baptist Church, Schertz) City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Announcements and recognitions by City Manager (J. Kessel) Presentations: Presentation,discussion and possibleaction regarding adopting and approving a City Coat of Arms (B. James/D. Weirtz) Resolution No. 13-R-69 ? Considerationand/or actionapprovinga Resolution adopting a City of Schertz Coat of Arms (B. James/B. James) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker?s register prior to the meeting. Presentations should be limited to 3 no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items ðçóïðóîðïí Ý±«²½·´ ß¹»²¼¿ The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes 1.- Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 3, 2013. (J. Kessel/B. Dennis) OrdinanceNo. 13-S-36 - ZC2001-014 2. ? Considerationand/or action an Ordinance upon a request to rezone approximately 194.56± acres of land from Predevelopment (PRE) 186.98 acres and General Business (GB) 7.58 acres to Planned Development District(PDD). The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 feet south of the intersection of the IH 35 frontage Road Final Reading and Eckhardt Road. (B. James/M. Sanchez) OrdinanceNo. 13-S-37 ? ZC2013-001 3. ? Consideration and/or action approving an Ordinanceupon a request to rezone approximately 137.51± acres of land from Predevelopment (PRE) 4.34 acres, Residential Agriculture (RA) 9.89 acres and Planned Development District (PDD) 123.28 acres to Planned Development District (PDD). The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east Final Reading of the intersection of FM 1518 and Lower Seguin Road. (B. James/M. Sanchez) Resolution No. 13-R-70 4.? Consideration and/or action approving a Resolution authorizing an agreement with Ovid Bell Press, Inc. for printing andmailing services, andother matters in connection therewith. (D. Harris/L. Klepper) Discussion and Action Items Ordinance No. 13-B-38 5.? Consideration and approval of an Ordinanceby the City Council of the City of Schertz, Texas authorizing the issuance of ?City of Schertz, TexasCombination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2013?; providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the Pledged Revenues of the system; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and an official bid form; complying with the provisions of the depository trust company?s letter of representations; authorizing the execution of any necessary engagement agreements with the City?s First and Financial Advisors and/or Bond Counsel; and providing for an effective date. Final (J. Kessel/M. McLiney/A. Friedman) ðçóïðóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó î ó Ordinance No. 13-B-39 6.- Consideration and approval of an Ordinanceby the City Council of the City of Schertz, Texas authorizing the issuance of ?City of Schertz, Texas General Obligation Refunding Bonds, Series 2013?, levying an Annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds including the approval and distribution of a purchase and investment letter pertaining thereto; authorizing the execution of a paying agent/registrar agreement and an escrow and trust agreement; complying with the letter of representations on file with the Depository Trust Company; authorizing the execution of any necessary engagement agreements with the City?s Financial Advisors First and Final and/or Bond Counsel; and providing an effective date. (J. Kessel/M. McLiney/A. Friedman) Ordinance No. 13-D-40 7.? Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86-118, maximum limits in school zones for Aero Avenue from Schertz Parkway to 215 feet East of Schertz Parkway, for Mitchell Avenue from Schertz Parkway to 215 feet East of Schertz Parkway, Elbel Road from Schertz Parkway to 150 feet East of the drainage ditch , for Westchester from Elbel Road to 776 feet South of Elbel Road, for Schertz Parkway from 700 feet South of Elbel Road to 150 feet North of Buffalo Drive, and for Schertz Parkway from Aero Street to 150 feet North of Buffalo Drive and providing an First and Final Reading effective date; and declaring an emergency. (B. James/L. Busch) Ordinance No. 13-D-41 8.? Consideration and/or action approving an Ordinance amending Chapter 86 of the Code of Ordinances by the City of Schertz, as amended, by adding Section 86-63, Prohibiting the use of Engine Brakes on any streets or highways within the City, providing a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; repealing all Ordinances or parts of Ordinances in First Reading conflict with this Ordinance; and providing an effective date. (J. Bierschwale/M. Hansen) Resolution No. 13-R-66 9.? Consideration and/or action approving a Resolution authorizing a Definitive Interlocal Agreement with Schertz-Cibolo-Universal City Independent School District (SCUCISD) regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium project in exchange for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium facility in order for the facility to be suitable for use by SCUCISD?s Swim Teams, and other matters in connection therewith. (B. James/K. Tapley) Roll Call Vote Confirmation Requests and Announcements ðçóïðóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó í ó 10. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 11. Requests by Mayor and Councilmembers that items be placed on a future Cit1 Council agenda. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code ? Deliberation regarding personnel matters ÜÏÙthe appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Section 551.087 Texas Government Code ? Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 14. Take any actiondeemed necessary as a result of the Executive Session. Adjournment ðçóïðóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ì ó CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 6th DAY OF SEPTEMBER 2013 AT 3:45 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. ûËØÏÙÜùØÏÏÔÊ Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor CarpenterMayor Pro-Tem Fowler ? Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scagliola ? Place 2Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board ? Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards ? Place 4Councilmember ? Verinder ? Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee ðçóïðóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ë ó Workshop Item 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Development Services Subject:Resolution No. 13-R-69 ? Consideration and/or action approving a Resolution adopting a City of Schertz Coat of Arms (B. James/B. James) BACKGROUND The Schertz Historical Preservation Commission worked to develop a draft Coat of Arms that was presented previously to the City. Staff subsequently conducted a web survey to gauge public opinion with regard to the Coat of Arms. The results were presented to City Council on June 11, 2013. The results indicated that a majority of the approximately 100 respondents like the Coat of Arms and did not feel any elements needed to be added or eliminated. The most comment suggestion for changes seemed to be that it was ?too busy? and that items should be eliminated, but there was not an overwhelming consensus as to what to eliminate. As such staff and the Commission feel the Coat of Arms should be adopted as proposed and utilized for ceremonial purposes as the City?s Coat of Arms. Goal Promote the history and culture of the City of Schertz. Community Benefit Provides a symbol of the City of Schertz for ceremonial purposes. Summary of Recommended Action Recommend approval of this Resolution adopting the Coat of Arms. FISCAL IMPACT None. RECOMMENDATION Recommend approval of Resolution No. 13-R-69 adopting a Coat of Arms for the City of Schertz. City Council Memorandum Page 2 ATTACHMENT Resolution 13-R-69 Coat of Arms Summary RESOLUTION NO. 13-R-69 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN OFFICIAL COAT OF ARMS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City follow the recommendation of the Historical Preservation Committee and adopt an official Coat of Arms for the City of Schertz; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt an official Coat of Arms for the City of Schertz. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the adoption of a Coat of Arms for the City of Schertz as shown in Exhibit A. Section 2.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 3.All 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 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.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 6.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, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. th PASSED AND ADOPTED, this 10 day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) - 2 - 50506221.1 Exhibit A Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on September 3, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe regular meeting of September 3, 2013. ATTACHMENT Minutes ?regular meeting September 3, 2013. MINUTES REGULAR MEETING September 3, 2013 ß Î»¹«´¿® Ó»»¬·²¹ ©¿ ¸»´¼ ¾§ ¬¸» Í½¸»®¬¦ Ý·¬§ Ý±«²½·´ ±º ¬¸» Ý·¬§ ±º Í½¸»®¬¦ô Ì»¨¿ô ±² Í»°¬»³¾»® íô îðïíô ¿¬ êæðð °ò³òô ·² ¬¸» Ø¿´ Þ¿´¼©·² Ó«²·½·°¿´ Ý±³°´»¨ Ý±«²½·´ Ý¸¿³¾»®ô ïìðð Í½¸»®¬¦ Ð¿®µ©¿§ô Þ«·´¼·²¹ ýìô Í½¸»®¬¦ô Ì»¨¿ò Ì¸» º±´´±©·²¹ ³»³¾»® °®»»²¬ ¬±ó©·¬æ Ó¿§±® Ó·½¸¿»´ Ý¿®°»²¬»® Ó¿§±® Ð®±óÌ»³ Ö·³ Ú±©´»® Ý±«²½·´³»³¾»® Ü¿ª·¼ Í½¿¹´·±´¿ Ý±«²½·´³»³¾»® Ù»±®¹» ß²¬«²¿ Ý±«²½·´³»³¾»® Ý»¼®·½ Û¼©¿®¼ Ý±«²½·´³»³¾»® Í§¼²»§ Ê»®·²¼»® Í¬¿ºº Ð®»»²¬æ Ý·¬§ Ó¿²¿¹»® Ö±¸² Õ»»´ Û¨»½«¬·ª» Ü·®»½¬±® Ü¿ª·¼ Ø¿®®· Û¨»½«¬·ª» Ü·®»½¬±® Ö±¸² Þ·»®½¸©¿´» Û¨»½«¬·ª» Ü·®»½¬±® Þ®·¿² Ö¿³» Ý¸·»º ±º Í¬¿ºº Þ±¾ Ý¿²¬« Ý·¬§ ß¬¬±®²»§ Õ¿¬¸»®·²» Ì¿°´»§ Ý·¬§ Í»½®»¬¿®§ Þ®»²¼¿ Ü»²²· Ü»°«¬§ Ý·¬§ Í»½®»¬¿®§ Ü±²²¿ Í½¸³±»µ»´ CALL TO ORDER: Ó¿§±® Ý¿®°»²¬»® ½¿´´»¼ ¬¸» Î»¹«´¿® Ó»»¬·²¹ ¬± ±®¼»® ¿¬ êæðî °ò³ò INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Ð¿¬±® Ù¿®®§ Í¸»´¬±²ô Ý¸«®½¸ ±º Ù±¼ ¾§ Ú¿·¬¸ Í°·®·¬ ±º Ô·º»ô ¹¿ª» ¬¸» ×²ª±½¿¬·±² º±´´±©»¼ ¾§ ¬¸» Ð´»¼¹» ±º ß´´»¹·¿²½» ¬± ¬¸» Ú´¿¹ ±º ¬¸» Ë²·¬»¼ Í¬¿¬» ¿²¼ ¬¸» Í¬¿¬» ±º Ì»¨¿ò City Events and Announcements ß²²±«²½»³»²¬ ±º «°½±³·²¹ Ý·¬§ Ûª»²¬ øÜò Ø¿®®·ñÖò Þ·»®½¸©¿´»ñÞò Ö¿³»÷ Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Û¨»½«¬·ª» Ü·®»½¬±® ±º Í«°°±®¬ Ü¿ª·¼ Ø¿®®· ©¸± °®±ª·¼»¼ ¬¸» º±´´±©·²¹ ¿²²±«²½»³»²¬ ±º «°½±³·²¹ »ª»²¬æ ÷ËÔÙÜÄêØÍÉØÐÛØË » Í½¸»®¬¦ Í»²·±® Ý»²¬»®ô êðè Í½¸»®¬¦ Ð¿®µ©¿§ô ³»»¬·²¹ ¬± ¼·½« ¿½¬·ª·¬·» ¿²¼ °®±¹®¿³³·²¹ ±º ¬¸» Í»²·±® Ý»²¬»®ò ß²²±«²½»³»²¬ ¿²¼ ®»½±¹²·¬·±² ¾§ Ý·¬§ Ó¿²¿¹»® øÖò Õ»»´÷ Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý·¬§ Ó¿²¿¹»® Ö±¸² Õ»»´ ©¸± ¬¿¬»¼ ¬¸¿¬ ¬¸» ²»© Ð±´·½» Ý¸·»º ¸¿ ¾»»² ¿µ·²¹ ¿²¼ ½±´´»½¬·²¹ ¿ ´¿®¹» ¿³±«²¬ ±º ¼¿¬¿ º±® ¬¸» °±´·½» ¼»°¿®¬³»²¬ ¬± ¹»¬ ¬± µ²±© ¬¸» ¼»°¿®¬³»²¬ ¿²¼ ¹± ±ª»® ±³» ±º ¬¸» ·«»ò Ó®ò Õ»»´ ¬¿¬»¼ ¬¸¿¬ Ý¸·»º Ø¿²»² ¸¿¼ ±«¹¸¬ ¿·¬¿²½» º®±³ ¬¸» ×Ì ¿²¼ Ù×Í Ü»°¿®¬³»²¬ ¬± ¿·¬ ·² °«¬¬·²¹ ¬¸» ·²º±®³¿¬·±² ½±´´»½¬»¼ ·²¬± ¿ ®»¿¼¿¾´» º±®³¿¬ò Ó®ò Õ»»´ ®»¿¼ »³¿·´ º®±³ Ó®ò Ó§´» Ý´¿«»®ô ×Ìô ¿²¼ Ó®ò Ì±²§ Ó½Ú¿´´ô Ù×Íô ®»¹¿®¼·²¹ ¬¸»·® ¿·¬¿²½»ò Ì¸· ¼¿¬¿ · ¾»·²¹ ½±´´»½¬»¼ ¬± ¿¼¶«¬ ±«® ¸·º¬ ¬± ¾» ³±®» »ºº»½¬·ª» ¿²¼ »ºº·½·»²¬ò Ó®ò Õ»»´ ¬¿¬»¼ ¬¸¿¬ ¬¸· · ¿ ¹®»¿¬ »¨¿³°´» ±º ¬»¿³ ©±®µ ¿²¼ ¬¸¿²µ»¼ ¬¸» ¼»°¿®¬³»²¬ º±® ¬¸»·® ¿·¬¿²½»ò ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ï ó Presentations Ð®±½´¿³¿¬·±² Ò¿¬·±²¿´ Ð¿§®±´´ É»»µ øÎ»¾»½½¿ Ô§²½¸ ©·¬¸ ¬¸» ß³»®·½¿² Ð¿§®±´´ ß±½·¿¬·±²÷ Ó¿§±® Ý¿®°»²¬»® ®»¿¼ ¿²¼ °®»»²¬»¼ ¬¸» °®±½´¿³¿¬·±² º±® Ò¿¬·±²¿´ Ð¿§®±´´ É»»µ ¬± Î»¾»½½¿ Ô§²½¸ ©·¬¸ ¬¸» ß³»®·½¿² Ð¿§®±´´ ß±½·¿¬·±²ò Ó®ò Ô§²½¸ ¬¸¿²µ»¼ ¬¸» Ý·¬§ º±® ¬¸»·® «°°±®¬ò Ó¿§±® Ý¿®°»²¬»® ³±ª»¼ ¬± ¬¸» Ø»¿®·²¹ ±º Î»·¼»²¬ »½¬·±² ±º ¬¸» ¿¹»²¼¿ò Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker?s register prior to the meeting. Presentations should be limited to no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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Resolution No. 13-R-68 oúÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎËÜÚÉÔÎÏÜÍÍËÎÇÔÏÖÜëØÊÎÑÈÉÔÎÏ ¿«¬¸±®·¦·²¹ ¿² ±ºº·½·¿´ Ò»·¹¸¾±®¸±±¼ Ð¿®µ Ò¿³» Ý¸¿²¹» º®±³ Ò±®¬¸½´·ºº» Ð¿®µ ¬± É»²¼§ Í©¿² Ð¿®µô ¿²¼ ±¬¸»® ³¿¬¬»® ·² ½±²²»½¬·±² ¬¸»®»©·¬¸ò øÞò Ö¿³»ñÙò Ô±¹¿²÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ RESOLUTION NO. 13-R-68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN OFFICIAL NEIGHBORHOOD PARK NAME CHANGE FROM NORTHCLIFFE PARK TO WENDY SWAN PARK, AND OTHER MATTERS IN CONNECTION THEREWITH Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ð¿®µô Î»½®»¿¬·±² ¿²¼ Ý±³³«²·¬§ Í»®ª·½» Ü·®»½¬±® Ù»±®¹» Ô±¹¿² ©¸± ¬¿¬»¼ ¬¸¿¬ Ó®ò Í½¿¹´·±´¿ ¸¿¼ ¿·¼ ·¬ ¿´´ »¿®´·»®ò Ó®ò Ô±¹¿² ¬¿¬»¼ ¿½¬·±² ®»¯«»¬»¼ ±º Ý±«²½·´ ¿°°®±ª» ¿ Î»±´«¬·±² ½¸¿²¹·²¹ ¬¸» ²¿³» ±º Ò±®¬¸½´·ºº» Ð¿®µ ¬± É»²¼§ Í©¿² Ó»³±®·¿´ Ð¿®µò Í¬¿ºº ®»½±³³»²¼ ¿°°®±ª¿´ò Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ Ý±«²½·´³»³¾»® Û¼©¿®¼ô ¬± ¿°°®±ª» Î»±´«¬·±² ïíóÎóêè ½¸¿²¹·²¹ ¬¸» ²¿³» ±º Ò±®¬¸½´·ºº» The vote was unanimous with Mayor Pro-Tem Ð¿®µ ¬± É»²¼§ Í©¿² Ó»³±®·¿´ Ð¿®µò Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. 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°±·¾·´·¬§ º±® °»¼»¬®·¿² ©¿´µ©¿§ ±² ¾±¬¸ ·¼» ±º ÚÓ íððçò Consent Agenda Items Minutes ïò ó Ý±²·¼»®¿¬·±² ¿²¼ñ±® ¿½¬·±² ®»¹¿®¼·²¹ ¬¸» ¿°°®±ª¿´ ±º ¬¸» ³·²«¬» ±º ¬¸» Î»¹«´¿® Ó»»¬·²¹ ±º ß«¹«¬ îéô îðïíò øÖò Õ»»´ñÞò Ü»²²·÷ Ordinance No. 13-T-33 îò oúÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎËÜÚÉÔÎÏÜÍÍË±ª·²¹ ¿² Ñ®¼·²¿²½» ¾§ ¬¸» Ý·¬§ Ý±«²½·´ ±º ¬¸» Ý·¬§ ±º Í½¸»®¬¦ô Ì»¨¿ ¿«¬¸±®·¦·²¹ ¿ ¾«¼¹»¬ ¿¼¶«¬³»²¬ ¬± ®»º«²¼ Ð¿®µ´¿²¼ Ü»¼·½¿¬·±² º»» ¿²¼ Ð¿®µ´¿²¼ Ü»ª»´±°³»²¬ º»» ¬± ¬¸®»» ¼»ª»´±°»® ¬¸¿¬ ±ª»®°¿·¼ Ð¿®µ´¿²¼ Ü»¼·½¿¬·±² ¿²¼ Ü»ª»´±°³»²¬ º»» °»½·º·»¼ ¾§ Î»±´«¬·±² ðèóÎóðçå ®»°»¿´·²¹ ¿´´ Ñ®¼·²¿²½» ±® Final °¿®¬ ±º Ñ®¼·²¿²½» ·² ½±²º´·½¬ ©·¬¸ ¬¸· Ñ®¼·²¿²½» ¿²¼ °®±ª·¼·²¹ ¿² »ºº»½¬·ª» ¼¿¬»ò Reading øÞò Ö¿³»ñÓò Í¿²½¸»¦ñÙò Ô±¹¿²÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ ORDINANCE NO. 13-T-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO REFUND PARKLAND DEDICATION FEES AND PARKLAND DEVELOPMENT FEES TO THREE DEVELOPERS THAT OVERPAID PARKLAND DEDICATION AND DEVELOPMENT FEES SPECIFIED BY RESOLUTION 08-R-09; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ Ó¿§±® The vote was Ð®±óÌ»³ Ú±©´»®ô ¬± ¿°°®±ª» ¬¸» ½±²»²¬ ¿¹»²¼¿ ·¬»³ ï ¿²¼ î ¿ °®»»²¬»¼ò unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý·¬§ Ó¿²¿¹»® Ö±¸² Õ»»´ ©¸± ¬¿¬»¼ ¬¸¿¬ ¬¸» ²¿¬«®» ±º ¬¸» Ð¿®µ´¿²¼ Ü»ª»´±°³»²¬ Ú»» · ¿ ®»¬®·½¬»¼ º«²¼ ¿²¼ ¸¿ ²± ·³°¿½¬ ±² ¬¸» ÓúÑô ©¸·½¸ ©¿ ¿² ¿²©»® ¬± Ó®ò Ü¦·»©·¬ ¯«»¬·±² »¿®´·»®ò ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ë ó Discussion and Action Items Resolution No. 13-R-71 íò oúÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎËÜÚÉÔÎÏ¿°°®±ª·²¹ ¿ Î»±´«¬·±² ¿«¬¸±®·¦·²¹ ×²¬»®´±½¿´ ß¹®»»³»²¬ ©·¬¸ Ó«´¬·°´» Ù±ª»®²³»²¬¿´ Û²¬·¬·» º±® ¬¸» °®±ª··±² ±º Û³»®¹»²½§ Ó»¼·½¿´ Í»®ª·½»ô ¿²¼ ±¬¸»® ³¿¬»® ·² ½±²²»½¬·±² ¬¸»®»©·¬¸ò øÖò Þ·»®½¸©¿´»ñÜò É¿·¬÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ RESOLUTION NO. 13-R-71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ ÛÓÍ Ü·®»½¬±® Ü«¼´»§ É¿·¬ ©¸± ·²¬®±¼«½»¼ ¬¸· ·¬»³ ¬¿¬·²¹ ¬¸¿¬ ·²½» ·¬ ·²½»°¬·±² ·² ïçéìô ¬¸» Ý·¬§ ±º êÚÕØËÉÃjÊøÐØËÖØÏÚÄðØ¼·½¿´ Í»®ª·½» ¸¿ °®±ª·¼»¼ ®»¹·±²¿´ ¿³¾«´¿²½» ¬®¿²°±®¬¿¬·±²ò Ý«®®»²¬´§ ©» »®ª» ¬¸» ½±³³«²·¬·» ±º Í½¸»®¬¦ô Ý·¾±´±ô Ô·ª» Ñ¿µô Ó¿®·±²ô Í¿²¬¿ Ý´¿®¿ô Í»´³¿ ¿²¼ Ë²·ª»®¿´ Ý·¬§ò É» ¿´± »®ª» Ý±³¿´ Ý±«²¬§ ÛÍÜ ê ©¸·½¸ ·²½´«¼» ¬¸» Ý·¬§ ±º Ù¿®¼»² Î·¼¹»ô ¬¸» Þ®¿½µ»² ½±³³«²·¬§ ¿²¼ ¬¸» ¿®»¿ ¿´±²¹ ÚÓ íððç ¬± ·¬ ¬»®³·²« ©·¬¸ Í¬¿¬» Ø·¹¸©¿§ ìêò ø¸»®» ¿º¬»® µ²±©² ¿ Ý«¬±³»®÷ É» ¸¿ª» »®ª»¼ ¿´´ ¾«¬ î ±º ¬¸»» Ý«¬±³»® ·²½» ïçéìò Û¿½¸ ±º ¬¸»» Ý«¬±³»® ¸¿ ¿´©¿§ ½±²¬®·¾«¬»¼ º·²¿²½·¿´´§ ¬± ¬¸» °®±ª··±² ±º ¬¸»» »®ª·½» ÆÔÉÕÉÕØmÍØËÚÜÍÔÉÜl×ÈÏÙÔÏÖ×ÎËÐÈÑÜÛØÔÏÖÜÙÎÍÉØÙÔÏÉÕØÑÜÉØ jÊôÏ÷ä ÉÕØ Ý·¬§ »²¬»®»¼ ·²¬± ±«® º·®¬ ³«´¬·ó§»¿® ×²¬»®´±½¿´ ß¹®»»³»²¬ ©·¬¸ ¿´´ ±º ±«® Ý«¬±³»®ò Ì¸· ©¿ ¼±²» ¬± »²¿¾´» Í½¸»®¬¦ ¿²¼ ±«® Ý«¬±³»® ¬± ¾»¬¬»® °´¿² º±® ½¿°·¬¿´ °«®½¸¿» ¿²¼ ±¬¸»® ´±²¹ ¬»®³ ²»»¼ò Ì¸» º·®¬ ³«´¬·ó§»¿® ·²¬»®´±½¿´ ¿¹®»»³»²¬ ©¿ º±® ¬¸®»» §»¿® ¿²¼ ©¸»² ·¬ ¬»®³·²¿¬»¼ ·² ÚÇ îððéóðèô ¿´´ ±º ±«® Ý«¬±³»® ¿¹®»»¼ ¬± ¿ º·ª» §»¿® ¿¹®»»³»²¬ò Ì¸· º·ª» §»¿® ¿¹®»»³»²¬ ©·´´ ¬»®³·²¿¬» ¿¬ ¬¸» »²¼ ±º ¬¸· ½«®®»²¬ º·½¿´ §»¿®ò ×² °®»°¿®¿¬·±² º±® ¬¸·ô ©» ¸¿ª» ³»¬ ©·¬¸ »¿½¸ ±º ±«® Ý«¬±³»® ¬± »»µ ¿¹®»»³»²¬ ±² ¿²±¬¸»® º·ª» §»¿®×²¬»®´±½¿´ ¿¹®»»³»²¬ò Û¿½¸ Ý«¬±³»® ¸¿ ¿¹®»»¼ ¬± ¬¸· »¨¬»²·±²ò Fiscal Impact: Ì¸» °»® ½¿°·¬¿ º»» ®»½»·ª»¼ º®±³ ±«® Ý«¬±³»® ³¿µ» «° ìçû ±º ±«® ¿²²«¿´ ½¿¸ ½±´´»½¬·±² ±® íðû ±º ¬±¬¿´ ®»ª»²«»ò É·¬¸ ¬¸· º·ª» §»¿® »¨¬»²·±²ô ¬¸» °»® ½¿°·¬¿ ®¿¬» · ¾»·²¹ ·²½®»¿»¼ íû øº®±³ üïîòëè ¬± üïîòçê÷ ¿²¼ «° ¬± íû ¿²²«¿´ ¿¼¶«¬³»²¬ ¿®» ½¿´´»¼ º±® ·² »¿½¸ §»¿® ±º ¬¸» ¿¹®»»³»²¬ ¹±·²¹ º±®©¿®¼ò Í¬¿ºº ®»½±³³»²¼ ¿°°®±ª¿´ò Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ The vote was unanimous with Ý±«²½·´³»³¾»® Û¼©¿®¼ô ¬± ¿°°®±ª» Î»±´«¬·±² ïíóÎóéïò Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Appointments/Reappointments and Resignations to City Boards, Commissions, ìò Committees oúÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎËÜÚÉÔÎÏËØÖÜ®¼·²¹ ¿°°±·²¬³»²¬ñ®»¿°°±·²¬³»²¬ ¿²¼ ®»·¹²¿¬·±² ¬± Ý·¬§ Þ±¿®¼ô Ý±³³··±²ô ¿²¼ Ý±³³·¬¬»»ò øÖò Õ»»´ñÞò Ü»²²·÷ ß°°±·²¬³»²¬ ±º Ð¿¬¬· Ü·´©±®¬¸ ¿²¼ Ö±¿²²» É¿®¼ ¿ Î»¹«´¿® Ó»³¾»® ¬± ¬¸» Ô·¾®¿®§ Þ±¿®¼ ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ê ó ß°°±·²¬³»²¬ ±º Ø±©±² Ô¿« ¿ ß´¬»®²¿¬» ýï ¿²¼ Ì·³±¬¸§ Ó·¬¸±º»® ¿ ß´¬»®²¿¬» ýî ¬± ¬¸» Ô·¾®¿®§ Þ±¿®¼ò ß°°±·²¬³»²¬ ±º Ö±¸²·» Ó½Ü±© º®±³ ß´¬»®²¿¬» ýî ¬± ß´¬»®²¿¬» ýï ¬± ¬¸» Ð¿®µ ¿²¼ Î»½®»¿¬·±² ß¼ª·±®§ Þ±¿®¼ ß°°±·²¬³»²¬ ±º Î»¹·²²¿ ß¹»» ¿ ß´¬»®²¿¬» ýî ¬± ¬¸» Ð¿®µ ¿²¼ Î»½®»¿¬·±² ß¼ª·±®§ Þ±¿®¼ Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ Ó¿§±® Ð®±óÌ»³ Ú±©´»® ¬± ¿°°±·²¬ Ð¿¬¬· Ü·´©±®¬¸ ¿²¼ Ö±¿²²» É¿®¼ ¿ Î»¹«´¿® Ó»³¾»® ¬± ¬¸» Ô·¾®¿®§ Þ±¿®¼ô ¿°°±·²¬ Ø±©±² Ô¿« ¿ ß´¬»®²¿¬» ýï ¿²¼ Ì·³±¬¸§ Ó·¬¸±º»® ¿ ß´¬»®²¿¬» ýî ¬± ¬¸» Ô·¾®¿®§ Þ±¿®¼ô ¿°°±·²¬ Ö±¸²·» Ó½Ü±© ¬± ß´¬»®²¿¬» ýï ¬± ¬¸» Ð¿®µ ¿²¼ Î»½®»¿¬·±² ß¼ª·±®§ Þ±¿®¼ô ¿²¼ ¿°°±·²¬ Î»¹·²²¿ ß¹»» ¿ ß´¬»®²¿¬» ýî ¬± ¬¸» Ð¿®µ ¿²¼ Î»½®»¿¬·±² The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers ß¼ª·±®§ Þ±¿®¼ò Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Resolution No. 13-R-72 ëò oúÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎËÜÚÉÔÎÏ¿°°®±ª·²¹ ¿ Î»±´«¬·±² ¼»·¹²¿¬·²¹ ¿ ÍÜËÉÔÚÈÑÜËÜËØÜÍÜËÉÔÚÈÑÜËÙÜÉØÊÜÏÙÍÜËÉÔÚÈÑÜËÉÔÐØÊ×ÎËÉÕØmöËÔÙÔËÎÏõØËÎØÊlÊÍØÚÔÜÑØÇØÏÉ øÞò Ö¿³»ñÙò Ô±¹¿²÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ RESOLUTION NO. 13-R-72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR THE ?GRIDIRON HEROES? SPECIAL EVENT AND LIVE BAND IN PICKRELL PARK, AUTHORIZING EXTENTION OF PARK HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEHICLES IN PARTICULAR PARK AREAS. Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ð¿®µô Î»½®»¿¬·±² ¿²¼ Ý±³³«²·¬§ Í»®ª·½» Ü·®»½¬±® Ù»±®¹» Ô±¹¿² ©¸± ·²¬®±¼«½»¼ ¬¸· ·¬»³ ¬¿¬·²¹ ¬¸» Ù®·¼·®±² Ø»®±» °»½·¿´ »ª»²¬ ©·´´ ¾» ¸»´¼ ¿¬ Ð·½µ®»´´ Ð¿®µ ±² Ú®·¼¿§ ¿²¼ Í¿¬«®¼¿§ ²·¹¸¬ô Í»°¬»³¾»® ïí¬¸ ú ïì¬¸ô îðïíò Ûª»²¬ ¿¬¬»²¼»» ÜÏÙÇÎÑÈÏÉØØËÊÆÎËÒÔÏÖÉÕØmöËÔÙÔËÎÏõØËÎØÊÜÏÙñÔÇØðÈÊÔÚlÊÍØÚÔÜÑØÇØÏÉÆÔÑÑÑÔÒØÑÄÛØÔÏ ¬¸» °¿®µ ¾»§±²¼ ¬¸» ½«®º»© ¸±«® ±º ïïæðð °ò³ò »¿½¸ ²·¹¸¬ò Ù®·¼·®±² Ø»®±» °®±ª·¼» º«²¼·²¹ º±® ¬«¼»²¬ ¿¬¸´»¬» ©¸± ¿®» ·³°¿½¬»¼ ¾§ ¿²¼ «ºº»® º®±³ °·²¿´ ½±®¼ ·²¶«®·» °´¿§·²¹ º±±¬¾¿´´ò Ì¸· ®»±´«¬·±² ©·´´ ©¿·ª» ¬¸» °¿ª·´·±² º»»ô °¿®µ ½«®º»© ¸±«®ô ²±·» ±®¼·²¿²½» ®»¬®·½¬·±² ¿²¼ ¬¸» °¿®µ·²¹ ±º ³±¬±®·¦»¼ ª»¸·½´» ¿¬ Ð·½µ®»´´ Ð¿®µ º±® ¬¸» ª±´«²¬»»® ¿²¼ ¾¿²¼ ³»³¾»® º±® ¬¸» ¸±«® º®±³ ïïæðð °ò³ò ¬± ïæíð ¿ò³ò ·² ¬¸» »¿®´§ ³±®²·²¹ ¸±«® ±º Í»°¬»³¾»® ïíô îðïí ¿²¼ Í»°¬»³¾»® ïìô îðïíò Ó®ò Ô±¹¿² ¬¿¬»¼ ¬¸»§ ¸¿ª» °®±ª·¼»¼ ¬¸» Ý·¬§ ©·¬¸ ¿ ½±°§ ±º ¬¸»·® ·²«®¿²½» º±® üïôðððôðððòðð ²¿³·²¹ ¬¸» Ý·¬§ ¿ ¿¼¼·¬·±²¿´ ·²«®»¼ò Í¬¿ºº ®»½±³³»²¼ ¿°°®±ª¿´ò Ó®ò Ô±¹¿² ·²¬®±¼«½»¼ Óò Ê»Ê» Ù®»¹¹ ©¸± ©¿ °®»»²¬ò Óò Ù®»¹¹ ·²ª·¬»¼ Ó¿§±® Ý¿®°»²¬»® ¬± ½±³» ±«¬ ¿²¼ ¬¸®±© ¬¸» º·®¬ ¾¿´´ ±² Í»°¬»³¾»® ïíô îðïí ¿¬ éæðð °ò³ò Óò Ù®»¹¹ °®±ª·¼»¼ ¸¿²¼±«¬ ¬± ¬¸» Í±º¬¾¿´´ Í¸±©¼±©²ò ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó é ó Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Û¼©¿®¼ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ The vote was unanimous Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ¬± ¿°°®±ª» Î»±´«¬·±² Ò±ò ïíóÎóéîò with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-T-34 - City of Schertz FY 2013-14 Budget êò ó Ý±²·¼»®¿¬·±² ¿²¼ñ±® ¿½¬·±² Final Reading ¿°°®±ª·²¹ ¿² Ñ®¼·²¿²½» ±² ¬¸» °®±°±»¼ ÚÇ îðïíóïì Þ«¼¹»¬ò øÖò Õ»»´ñÖò É¿´¬»®÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ ORDINANCE NO. 13-T-34 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013,AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Þ«¼¹»¬ ú Ú·²¿²½» ß²¿´§¬ Ö¿³» É¿´¬»® ©¸± °®±ª·¼»¼ ¿ ¾®·»º Ð±©»® Ð±·²¬ °®»»²¬¿¬·±² ®»¹¿®¼·²¹ ¬¸» °®±°±»¼ ÚÇ îðïíóïì ¾«¼¹»¬ò Ì¸» º±´´±©·²¹ ·²º±®³¿¬·±² ©¿ ·²½´«¼»¼æ Budget Highlights: Û´»ª¿¬»¼ É¿¬»® Ì¿²µ Ý±²¬®«½¬·±² Ó¿¬»® Ý±³³«²·½¿¬·±² Ð´¿² Ð¸¿» ï Ý±«²½·´ Ý¸¿³¾»® ×³°®±ª»³»²¬ Ò»© Ê¿½««³ ú Î±«¬»® Ì®«½µ º±® Ð«¾´·½ É±®µ Ò±®¬¸½´·ºº» É¿¬»®´·²» Î»°´¿½»³»²¬ Change Memo 9-03-2013 ß¼¶«¬ ¬¸» Ù»²»®¿´ Ú«²¼ ¬± ®»º´»½¬ ¬¸» ¿½¬«¿´ Ø»¿´¬¸ ×²«®¿²½» ·²½®»¿» ±º ëû ×²½®»¿»¼ Ý±²¬·²¹»²½§ º±® Ì»³°±®¿®§ Û³°´±§»» ¬± ½±ª»® »¨¬»²¼»¼ ´»¿ª» ·¬«¿¬·±² Ì¸» ¬©± ¿¼¶«¬³»²¬ ±ºº»¬ »¿½¸ ±¬¸»® ¿²¼ ¬¸»®» ©·´´ ¾» ²± ½¸¿²¹» ¬± ¬¸» ±ª»®¿´´ Ù»²»®¿´ Ú«²¼ Þ«¼¹»¬ò All Funds ? Expenses: FY 2012-13 Budget FY 2013-14 Proposed Ù»²»®¿´ Ú«²¼ üîïôèèèôçìí üîîôêíïôîçç Í°»½·¿´ Ûª»²¬ Ú«²¼ ü ïíïôíðð ü ïìéôïðð ÐÛÙ Ú«²¼ ü ïíïôððð ü íêïôëðð É¿¬»® ú Í»©»® Ú«²¼ üïêôêéçôëíç üïçôðïëôðíè ÛÓÍ Ú«²¼ ü ëôèëéôïçç ü êôèéíôîíî ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó è ó Ü®¿·²¿¹» Ú«²¼ ü çëçôðèè ü ïôðíçôððè Ø±¬»´ Ì¿¨ Ú«²¼ ü ìçïôçìë ü ëðèôîèè Ð¿®µ Ú«²¼ ü îìêôìèì ü ìðôððð Ì®»» Ó·¬·¹¿¬·±² ü çêôëîë ü ïíçôëîë Ý¿°·¬¿´ Î»½±ª»®§ Ú«²¼ ü íôéêëôêîì ü îôíîêôïðç Ì¿¨ ×úÍ Ú«²¼ ü ëôîðïôçíê ü ëôëçêôééë Ø·¬±®·½¿´ Ý±³³·¬¬»» ü ëôêëð ü ëôêëð Ð¿®µ ú Î»½®»¿¬·±² ü îéïôéêî ü îéëôîëð Ú±«²¼¿¬·±² ÍÛÜÝ ü îôêéìôììì ü íôðéìôëëì Total$58,401,439$62,033,328 General Fund: Î»ª»²«» üîíôïîëôðîî Û¨°»²¼·¬«®» îîôêíïôîçç ×²½®»¿» ±º Ú«²¼ Þ¿´¿²½» ìçíôéîí Þ»¹·²²·²¹ Ú«²¼ Þ¿´¿²½» íôçéêôéðç Û²¼·²¹ Ú«²¼ Þ¿´¿²½» ìôìéðôìíî îëû Î»¯«·®»³»²¬ Ð±´·½§ ü ëôêìðôíîë The Current Tax Rate: Total Change in Expenditures üîíïôððð Ò»© Ð®±¹®¿³ üíîíôððð Ý¿°·¬¿´ Ð«®½¸¿» üëëïôððð Ó¿·²¬¿·² Ý«®®»²¬ Ô»ª»´ ±º Í»®ª·½» üïôïðëôððð Ì±¬¿´ ×²½®»¿» ü ëðêôððð Î»»®ª» Ú«²¼·²¹ General Fund Capital Purchases: Î»°´¿½» Ê»¸·½´» º±® Ó¿®¸¿´ Í»®ª·½» Ð«®½¸¿» ±º î Ê»¸·½´» º±® Í¬®»»¬ ø®»·³¾«®»¼ ¾§ É¿¬»®÷ Ý±«²½·´ Ý¸¿³¾»® ×³°®±ª»³»²¬ ø®»·³¾«®»¼ ¾§ ½±«®¬ »½«®·¬§ô ½±«®¬ ¬»½¸²±´±¹§ô ¿²¼ ¸±¬»´ ¬¿¨ ®»¬®·½¬»¼ º«²¼÷ Ò»© Û³¿·´ Í»®ª»® ¿²¼ Í»¬ «° ×²½®»¿» ¬¸» ¿³±«²¬ ±º Ü»µ¬±° ®»°´¿½»³»²¬ Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ó¿§±® Ð®±óÌ»³ Ú±©´»®ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ The vote was Ý±«²½·´³»³¾»® Í½¿¹´·±´¿ô ¬± ¿°°®±ª» Ñ®¼·²¿²½» Ò±ò ïíóÌóíì ±² º·²¿´ ®»¿¼·²¹ò unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ç ó Ordinance No. 13-T-35 -Tax Rate for Fiscal Year 2013-14 éò ó Ý±²·¼»®¿¬·±² ¿²¼ñ±® ¿½¬·±² Final Reading ¿°°®±ª·²¹ ¿² Ñ®¼·²¿²½» ±² ¬¸» °®±°±»¼ ÚÇ îðïíóïì Ì¿¨ Î¿¬»ò øÖò Õ»»´ñÖò É¿´¬»®÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ ORDINANCE NO. 13-T-35 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Ó®ò É¿´¬»® °®±ª·¼»¼ ¿ ¾®·»º Ð±©»®Ð±·²¬ ½±ª»®·²¹ ¬¸» º±´´±©·²¹ ¸·¹¸´·¹¸¬æ Tax Rate: Ûºº»½¬·ª»æ Ì¸» ¬¿¨ ®¿¬» ©¸·½¸ô ±² ¿ª»®¿¹»ô ©·´´ µ»»° ¬¸» ¬¿¨ ¾·´´ ¬¸» ¿³» ¿ ·² îðïîò Ý«®®»²¬æ Ì¸» ®¿¬» ½«®®»²¬´§ ¿¼±°¬»¼ ¾§ ¬¸» Ý·¬§ò Ð®»´·³·²¿®§æ Ì¸» ³¿¨·³«³ ®¿¬» »¬ ¿¬ ©¸·½¸ ¬¸» º·²¿´ ¿¼±°¬»¼ ®¿¬» ½¿²²±¬ »¨½»»¼ò Î±´´¾¿½µæ Ì¸» ®¿¬» ·º »¨½»»¼»¼ ¿´´±© ½·¬·¦»² ¬± ·²·¬·¿¬» ¿ ®±´´¾¿½µ »´»½¬·±²ò Ì¸» ®»«´¬ ±º ¬¸· »´»½¬·±² ½¿² ®»¼«½» ¬¸» ¿¼±°¬»¼ ¬¿¨ ®¿¬» ¾¿½µ ¬± ¬¸» ®±´´¾¿½µ ®¿¬»ò Tax Rate Ûºº»½¬·ª»æ üðòìèîç Ý«®®»²¬æ üðòìççç Ð®±°±»¼ ¾«¼¹»¬ · ¾¿´¿²½»¼ ¿¬ ¬¸· ®¿¬» Ð®»´·³·²¿®§æ üðòìççç Î±´´¾¿½µæ üðòëîïè üðòðï · »¯«¿´ ¬± üîìéôêðè ®»ª»²«» ±® üïêòìé ±² ¬¸» ¿ª»®¿¹» ¸±³»ò Target Tax Rate: Ì¿¨ Î¿¬» Ý«®®»²¬ Ð®»´·³·²¿®§ Ì¿¨ Î¿¬» ß´¬»®²¿¬·ª» ÓúÑ üðòîççí üðòíðíë üðòíðïð ×úÍ üðòîððê üðòïçêì üðòïçêì Ì±¬¿´ üðòìççç üðòìççç üðòìçéì ÓúÑ ×³°¿½¬ üð üïðíôéìð üìïôççð FY 2018 Projections: Current Recommended Alternative Î»ª»²«» üîëôíçðôïçè üîëôëïíôéïï üîëôììðôéîî Û¨°»²» üøîëôëêðôëêç÷ üøîëôëêðôëêç÷ üøîëôëêðôëêç÷ Î»»®ª» Ú«²¼·²¹ üøïéïôíéï÷ üøìêôèëè÷ üøïïçôèìé÷ ÓúÑ Ú«²¼ Þ¿´¿²½» üìôçèïôëêè üëôêêìôïçî üëôîïçôèçë îëû Ù±¿´ üêôíéëôïìî üêôíéëôïìî üêôíéëôïìî Ñª»®ñË²¼»® üøïôíçíôëéì÷ üøèïðôçëð÷ üøïôïëëôîìé÷ ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ïð ó Budget Calendar FY 2013-14 Ö«´§ íï Ú·´» ©·¬¸ Ý·¬§ Í»½®»¬¿®§ô Þ«¼¹»¬ É±®µ¸±° ß«¹«¬ ê Þ«¼¹»¬ É±®µ¸±°ô ª±¬» ¬± °´¿½» ¿ °®»´·³·²¿®§ ¬¿¨ ®¿¬» ±² ¬¸» ¿¹»²¼¿ô ¿²¼ ½¸»¼«´» °«¾´·½ ¸»¿®·²¹ ß«¹«¬ ïí Þ«¼¹»¬ É±®µ¸±° ß«¹«¬ ïë Ú·®¬ Ý±³³«²·¬§ Þ«¼¹»¬ Ð®»»²¬¿¬·±² ß«¹«¬ îð Ú·®¬ Ð«¾´·½ Ø»¿®·²¹ ß«¹«¬ îï Í»½±²¼ Ý±³³«²·¬§ Þ«¼¹»¬ Ð®»»²¬¿¬·±² ß«¹«¬ îé Í»½±²¼ Ð«¾´·½ Ø»¿®·²¹ô Ú·®¬ Ê±¬» Í»°¬»³¾»® í Í»½±²¼ Ê±¬» Ñ½¬±¾»® ï Þ«¼¹»¬ ¹±» ·²¬± »ºº»½¬ Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Ó¿§±® Ð®±óÌ»³ Ú±©´»®ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ Ý±«²½·´³»³¾»® Û¼©¿®¼ ¬¸¿¬ ¬¸» °®±°»®¬§ ¬¿¨ ®¿¬» ¾» ·²½®»¿»¼ ¾§ ¬¸» ¿¼±°¬·±² ±º ¿ ¬¿¨ ®¿¬» The vote was unanimous ±º üðòìçéìô ©¸·½¸ · »ºº»½¬·ª»´§ ¿ íòððû ·²½®»¿» ·² ¬¸» ¬¿¨ ®¿¬»ò with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-S-36 - ZC2011-014 èò oúÎÏÙÈÚÉÜÍÈÛÑÔÚÕØÜËÔÏÖÜÏÙÚÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎË ¿½¬·±² «°±² ¿ ®»¯«»¬ ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ïçìòëêo ¿½®» ±º ´¿²¼ º®±³ Ð®»¼»ª»´±°³»²¬ øÐÎÛ÷ ïèêòçè ¿½®» ¿²¼ Ù»²»®¿´ Þ«·²» øÙÞ÷ éòëè ¿½®» ¬± Ð´¿²²»¼ Ü»ª»´±°³»²¬ Ü·¬®·½¬ øÐÜÜ÷ò Ì¸» °®±°»®¬§ · ³±®» °»½·º·½¿´´§ ¼»½®·¾»¼ ¿ ¿ °±®¬·±² ±º ¬¸» Ö±¸² Ò±§» Í«®ª»§ Ò«³¾»® îëçô ß¾¬®¿½¬ Ò«³¾»® îëíô Ý·¬§ ±º Í½¸»®¬¦å Ù«¿¼¿´«°» Ý±«²¬§ô Ì»¨¿ ¹»²»®¿´´§ ´±½¿¬»¼ îôèðð º»»¬ ±«¬¸ ±º ¬¸» ·²¬»®»½¬·±² ±º ¬¸» ×Ø íë º®±²¬¿¹» Î±¿¼ ¿²¼ Û½µ¸¿®¼¬ Î±¿¼ ¿²¼ First Reading °®±°±»¼ ¿ ¬¸» Ð¿®µ´¿²¼ Í«¾¼·ª··±²ò øÞò Ö¿³»ñÓò Í¿²½¸»¦÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ ORDINANCE NO. 13-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 194.56± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 186.98 ACRES AND GENERAL BUSINESS (GB) 7.58 ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JOHN NOYES SURVEY NUMBER 259, ABSTRACT NUMBER 253, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKHARDT ROAD.; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ïï ó Ó¿§±® Ý¿®°»²¬»® ®»½±¹²·¦»¼ Í»²·±® Ð´¿²²»® Ô»¿ É±±¼ ©¸± ·²¬®±¼«½»¼ ¬¸· ·¬»³ ¬¿¬·²¹ ¬¸¿¬ ¬¸» ¿°°´·½¿²¬ · °®±°±·²¹ ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ïçë ¿½®» ±º ´¿²¼ ¹»²»®¿´´§ ´±½¿¬»¼ îôèðð º»»¬ ±«¬¸ ±º ¬¸» ·²¬»®»½¬·±² ±º ¬¸» ×Ø íë º®±²¬¿¹» Î±¿¼ ¿²¼ Û½µ¸¿®¼¬ Î±¿¼ò Ý«®®»²¬´§ô ¬¸» °®±°»®¬§ · ¦±²»¼ Ð®»¼»ª»´±°³»²¬ øÐÎÛ÷ ¿²¼ Ù»²»®¿´ Þ«·²» øÙÞ÷ò Ì¸» «¾¶»½¬ °®±°»®¬§ · ½«®®»²¬´§ «²¼»ª»´±°»¼ ¿²¼ °®±°±»¼ ¿ ¬¸» Ð¿®µ´¿²¼ Í«¾¼·ª··±²ò Û·¹¸¬»»² øïè÷ °«¾´·½ ¸»¿®·²¹ ²±¬·½» ©»®» ³¿·´»¼ ¬± «®®±«²¼·²¹ °®±°»®¬§ ±©²»® ±² ß«¹«¬ îô îðïí ©·¬¸ ¿ °«¾´·½ ¸»¿®·²¹ ²±¬·½» ¬± ¾» °«¾´·¸»¼ ·² The Daily Commercial Recorder ¿²¼ ¬¸» Herald °®·±® ¬± ¬¸» Ý·¬§ Ý±«²½·´ °«¾´·½ ¸»¿®·²¹ò Í¬¿ºº ®»½»·ª»¼ ±²» øï÷ ®»°±²» ·² º¿ª±® ¿²¼ ¬¸®»» øí÷ ®»°±²» ·² ±°°±·¬·±² ±º ¬¸» °®±°±»¼ ®»¯«»¬ò Ì¸» ®»°±²» ®»½»·ª»¼ ·² ±°°±·¬·±² »¨°®»»¼ ½±²½»®² ©·¬¸ ¼®¿·²¿¹» ¿²¼ ¬¸» °±¬»²¬·¿´ º±® ·²½®»¿» ·² ¬¿¨»ò Î±´´·²¹ Ø·´´ Î¿²½¸ Ü»ª»´±°³»²¬ ÔÔÝ · ®»¯«»¬·²¹ ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ïçë ¿½®» ±º ´¿²¼ ¹»²»®¿´´§ ´±½¿¬»¼ ±«¬¸ ±º ¬¸» ·²¬»®»½¬·±² ±º ×Ø íë º®±²¬¿¹» Î±¿¼ ¿²¼ Û½µ¸¿®¼¬ Î±¿¼ º®±³ Ð®»¼»ª»´±°³»²¬ øÐÎÛ÷ô Î»·¼»²¬·¿´ ß¹®·½«´¬«®» øÎß÷ô ¿²¼ Ð´¿²²»¼ Ü»ª»´±°³»²¬ Ü·¬®·½¬ øÐÜÜ÷ ¬± Ð´¿²²»¼ Ü»ª»´±°³»²¬ Ü·¬®·½¬ øÐÜÜ÷ ¬± ¼»ª»´±° ¿ ·²¹´» º¿³·´§ ®»·¼»²¬·¿´ ²»·¹¸¾±®¸±±¼ ¬¸¿¬ °®±ª·¼» ¿ ³·¨ ±º ®»·¼»²¬·¿´ ´±¬ ·¦» ©·¬¸ ±°»² °¿½» ¿²¼ °¿®µ´¿²¼ò Í¬¿ºº ¸¿ ¾»»² ©±®µ·²¹ ©·¬¸ ¬¸» ¼»ª»´±°»® ±ª»® ¬¸» ´¿¬ »ª»®¿´ ³±²¬¸ ¬± ½®»¿¬» ¿ ¼»ª»´±°³»²¬ ¬¸¿¬ °®±ª·¼» ¿ °»¼»¬®·¿² º®·»²¼´§ »²ª·®±²³»²¬ ¬¸¿¬ ·²½´«¼» ¿ ²»·¹¸¾±®¸±±¼ °«¾´·½ °¿®µ ¿²¼ ½¸±±´ ·¬»ò ×² ¿¼¼·¬·±² ¬± ¬¸» °¿®µ ·¬» ¬± ¾» ¼»¼·½¿¬»¼ ¬± ¬¸» Ý·¬§ô ¬¸» ³¿¬»® ¼»ª»´±°³»²¬ °´¿² °®±ª·¼» ¿ ²«³¾»® ±º ±¬¸»® ´¿®¹» ¿®»¿ ±º ±°»² °¿½»ò É¸·´» ±³» ±º ¬¸»» ¿®» ·²¬»²¼»¼ ¬± ½±²ª»§ 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®»½±¹²·¦»¼ Ý±«²½·´³»³¾»® Û¼©¿®¼ô ©¸± ³±ª»¼ô »½±²¼»¼ ¾§ The vote was Ý±«²½·´³»³¾»® Ê»®·²¼»®ô ¬± ¿°°®±ª» Ñ®¼·²¿²½» Ò±ò ïíóÍóíê ±² º·®¬ ®»¿¼·²¹ò ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ïí ó 4-1 with Mayor Pro-Tem Fowler, Councilmembers, Antuna, Edwards, and Verinder voting yes and Councilmember Scagliola voting no. Motion Carried. Ordinance No. 13-S-37 ? ZC2013-001 çò oúÎÏÙÈÚÉÜÍÈÛÑÔÚÕØÜËÔÏÖÜÏÙÚÎÏÊÔÙØËÜÉÔÎÏÜÏÙÎË ¿½¬·±² «°±² ¿ ®»¯«»¬ ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ïíéòëïo ¿½®» ±º ´¿²¼ º®±³ Ð®»¼»ª»´±°³»²¬ øÐÎÛ÷ ìòíì ¿½®»ô Î»·¼»²¬·¿´ ß¹®·½«´¬«®» øÎß÷ çòèç ¿½®» ¿²¼ Ð´¿²²»¼ Ü»ª»´±°³»²¬ Ü·¬®·½¬ øÐÜÜ÷ ïîíòîè ¿½®» ¬± Ð´¿²²»¼ Ü»ª»´±°³»²¬ Ü·¬®·½¬ øÐÜÜ÷ò Ì¸» °®±°»®¬§ · ³±®» °»½·º·½¿´´§ ¼»½®·¾»¼ ¿ ¿ °±®¬·±² ±º ¬¸» Ó·´» Íò Þ»²²»¬¬ Í«®ª»§ Ò±ò éëô ß¾¬®¿½¬ Ò±ò êïô Ý±«²¬§ ¾´±½µ ëðëçô ¿²¼ ¬¸» É·´´·¿³ Þ®¿½µ»² Í«®ª»§ Ò±ò éìô ß¾¬®¿½¬ ìíô Ý±«²¬§ Þ´±½µ ëðëêå Þ»¨¿® Ý±«²¬§ô Ì»¨¿ ¹»²»®¿´´§ ´±½¿¬»¼ îôëðð º»»¬ »¿¬ ±º ¬¸» ·²¬»®»½¬·±² ±º ÚÓ ïëïè ¿²¼ Ô±©»® Í»¹«·² Î±¿¼ ¿²¼ °®±°±»¼ ¿ ¬¸» Î¸·²» Ê¿´´»§ Í«¾¼·ª··±²ò First Reading øÞò Ö¿³»ñÓò Í¿²½¸»¦÷ Ì¸» º±´´±©·²¹ ©¿ ®»¿¼ ·²¬± ®»½±®¼æ ORDINANCE NO. 13-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 137.51± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 4.34± ACRES, RESIDENTIAL AGRICULTURE (RA) 9.89± ACRES AND PLANNED DEVELOPMENT DISTRICT (PDD) 123.28± ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5059, AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACT 43, COUNTY BLOCK 5056; BEXAR COUNTY, TEXAS GENERALLY LOCATED EAST OF THE INTERSECTION OF FM 1518 AND LOWER SEGUIN ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. 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®·µò Council did not meet in executive session. Executive Session ïìò Ì¿µ» ¿²§ ¿½¬·±²¼»»³»¼ ²»½»¿®§ ¿ ¿ ®»«´¬ ±º ¬¸» Û¨»½«¬·ª» Í»·±²ò ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó ïç ó Ò± ¿½¬·±² ¬¿µ»² ¿ Ý±«²½·´ ¼·¼ ²±¬ ³»»¬ò Adjournment As there was no further business, the meeting was adjourned at 8:49 p.m. ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ó·½¸¿»´ Îò Ý¿®°»²¬»®ô Ó¿§±® ßÌÌÛÍÌæ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ý·¬§ Í»½®»¬¿®§ô Þ®»²¼¿ Ü»²²· ðçóðíóîðïí Ó·²«¬» Ð¿¹»ó îð ó Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Development Services Subject: Ordinance No. 13-S-36 Conduct a public hearing and consideration and/or action upon a request to rezone approximately 194.56± acres of land from Predevelopment (PRE) 186.98 acres and General Business (GB) 7.58 acres to Planned Development District (PDD). The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road and proposed as the Parklands Subdivision. Final reading (B. James/L. Wood) BACKGROUND The applicant is proposing to rezone approximately 195 acres of land generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. Currently, the property is zoned Predevelopment (PRE) and General Business (GB). The subject property is currently undeveloped and proposed as the Parklands Subdivision. Eighteen (18) public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in ?The Daily Commercial Recorder? and the ?Herald?. Staff received one (1) response in favor and three (3) responses in opposition of the proposed request. The responses received in opposition expressed concerns with drainage and the potential for increase in taxes. City Council approved this on first reading at their meeting of September 3, 2013. Goal Rolling Hills Ranch Development LLC is requesting to rezone approximately 195 acres of land generally located south of the intersection of IH 35 frontage Road and Eckhardt Road from Predevelopment (PRE), Residential Agriculture (RA), and Planned Development District (PDD) to Planned Development District (PDD) to develop a single family residential neighborhood that provides a mix of residential lot sizes with open space and parkland. Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. Summary of Recommended Action The proposed density is consistent with the Comprehensive Land Plan designation use of Single Family Residential which provides for traditional neighborhood development. The proposed zoning allows for three (3) different minimum lot sizes; 6,000 square feet, 7,200 square feet, and 8,400 square feet as shown on the master general development plan. The master general development plan also provides for a potential Comal ISD school site and a public park. The proposed PDD also provides some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1.Density of the subject property shall be a maximum of 2.60 dwelling units per acre or 505 single family residential lots. 2.Table one ? dimensional requirements-Residential of the PD requires a minimum front yard setback of 25?. The minimum rear yard setback is 20? and minimum side yard setback is 10? or with a residential sprinkler system installed a minimum 5? side yard setback will be permitted. Additionally, no encroachments shall be permitted in the 5? side yard setbacks. 3.The subdivision will provide a 60? collector that bisects the property to service the residential, school and Public Park and provide landscape buffer to create a boulevard feel along the collector. 4.The development of the subject property shall generally conform to the attached Master Development Plan exhibit. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Single Family Residential which is defined in the Comprehensive Land Plan as areas proposed to utilize a traditional neighborhood design for single family residential to include a mix of residential uses as well as limited commercial development to support the daily activities of the development. Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. An agreement is executed between the developers of Parkland Subdivision and Cypress Point Subdivision for the capacity of the lift station located at the entrance of Cypress Point. Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is consistent with the FLUP. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential/agriculture and a single family residential. Staff believes that the rezoning request will be compatible with the surround properties. PARKS: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Parklands Subdivision. The Comprehensive Land Use Plan identifies this area as Single Family Residential to utilize a traditional neighborhood design for single family residential. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and the plan has incorporated in curve-linear streets, view corridors and parks and open space to include hike and bike trails. Staff has been working with the developer over the last several months to create a development that provides a pedestrian friendly environment that includes a neighborhood public park and school site. In addition to the park site to be dedicated to the City, the master development plan provides a number of other large areas of open space. While some of these are intended to convey drainage, others are more visible and can provide usable open space. The disc golf course area is encumbered by an overhead utility line and easement. Any improvements for a disc golf course must be approved by the utility company. The design provides for a curve-linear street pattern that is intended to create more interesting view corridors and discourage speeding. The proposed layout provides connections to adjacent tracts as well as two points of access to the existing Eckhardt Road. The proposed zoning allows for a 5? side yard setback if a residential sprinkler system is installed. While part of the reason for larger side yard setbacks is aesthetic the other is for fire protection. The 10? setback that is normally required poses a challenge for smaller ?garden home? products. Staff is supportive of this provision as a sort of test case. If this provision is taken advantage of and if it is determined appropriate it could be used in other situations where appropriate. FISCAL IMPACT None. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 14, 2013 and offered a recommendation of approval by a vote of 6/1 with Mr. Ernie Evans voting nay. Staff recommends approval of Ordinance No. 13-S-36 final reading regarding the zoning request based on the compliance with the Comprehensive Land Use Plan. ATTACHMENT PDD Document Ord. No. 13-S-36 ORDINANCE NO. 13-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 194.56± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 186.98 ACRES AND GENERAL BUSINESS (GB) 7.58 ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JOHN NOYES SURVEY NUMBER 259, ABSTRACT NUMBER 253, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKHARDT ROAD.; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 194.56± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on August 14, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District (PDD) in accordance with the Planned Development District Design Standards attached as Exhibit C (the ?Original Design Standards?). WHEREAS; on September 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned Planned Development District (PDD) known as Parklands Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Ordinance 13-S-36 Parklands Subdivision Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. rd Approved on first reading the 3 day of September, 2013. th PASSED, APPROVED AND ADOPTED on final reading the 10 day of September, 2013. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-36 Parklands Subdivision Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Development Services Subject: Ordinance No. 13-S-37 Conduct a public hearing and consideration and/or action upon a request to rezone approximately 137.51± acres of land from Predevelopment (PRE) 4.34 acres, Residential Agriculture (RA) 9.89 acres and Planned Development District (PDD) 123.28 acres to Planned Development District (PDD). The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east of the intersection of FM 1518 and Lower Seguin Road and proposed as the Rhine Valley Subdivision. Final reading (B. James/L. Wood) BACKGROUND The applicant is proposing to rezone approximately 140 acres of land generally located east of the intersection at FM 1518 and Lower Seguin Road. Currently, 4.34 acres is zoned Predevelopment (PRE), 9.89 acres is zoned Residential Agriculture (RA) and 123.28 acres is zoned Planned Development District. The PDD was approved by City Council on October 18, 2011 and allows for up to 547 single family homes with a minimum lot size of 5,400 square feet. The subject property is currently undeveloped and proposed as the Rhine Valley Subdivision. Fifteen (15) public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in ?The Daily Commercial Recorder? on August 19, 2013 and the ?Herald? on August 22, 2013. Staff received one (1) response in favor and two (2) responses in opposition of the proposed request. The responses received expressed opposition with concerns to traffic safety and the proximity of the development to their home. City Council approved this on first reading at their meeting of September 3, 2013. Goal Fred Development is requesting to rezone approximately 140 acres of land generally located east of the FM 1518 and Lower Seguin Road from Predevelopment (PRE), Residential Agriculture (RA), and Planned Development District (PDD) to Planned Development District (PDD) to develop a single family residential neighborhood that provides a mix of residential lot sizes with open space and parkland. Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the proposed density is consistent with the plan designation of mixed use neighborhood. The proposed zoning allows areas for lots of three (3) different minimum sizes: 5,400 square feet, 6,000 square feet, and 7,200 square feet as shown on the master general development plan. The proposed PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1.Density of the subject property shall be a maximum of 3.25 dwelling units per acre or 447 single family residential lots. 2.Table One ? Dimensional Requirements-Residential of the PDD requires a minimum front yard setback of 25? for lots that are 45? in width and a 20? front yard setback for lots 50? and 60? in width. The minimum rear yard setback is 20? and the minimum side yard setback is 5? except that the minimum side yard setbacks for corner lots shall be 15?. Additionally, no encroachments shall be permitted in the 5? side yard setbacks. 3.The applicant is providing a six (6) foot tall masonry fence with landscape buffer along Ray Corbett Drive (60? ROW) and Lower Seguin Road (60? ROW) to enhance the overall aesthetic appearance of the area. The UDC does not require a masonry fence adjacent to a 60? ROW. UDC, Sec. 21.9.8 requires screening of roadways for principal (120? ROW) or secondary (86? ROW) arterials roadways only. 4.The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The Future Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive Land Plan as areas for residential use and open space. Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed single family residential use is currently planned for a large portion of the subject property. Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is currently planned for the subject property. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential/agriculture and a public school. Staff believes that the rezoning request will be compatible with the surrounding properties. Parks: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Rhine Valley Subdivision. The Comprehensive Land Use Plan with the Schertz Sector Plan amendment identifies this area as Mixed Use Neighborhood which provides for walkable neighborhoods in the vicinity of the intersection of FM 1518 and Lower Seguin Road. The rezoning request and the plan has incorporated in curve-linear streets, view corridors and parks and open space to include hike and bike trails. Most of the site is zoned under the Pride Rock Ranch PDD which provides a maximum density of 4.48 units per acre and 547 single family homes. The subject property, which includes an additional 14 acres, allows for a density of only 3.25 dwelling units per acre and up to 447 residential homes, 100 less than the current PDD. Staff has been working with the new developer over the last several months to improve the layout and design of the development and believe that the reduction in density, the addition of landscaping and screening; and increase in parkland and open space and view corridors has enhanced the development. The design provided for under the current zoning is a modified grid pattern with very uniform lot sizes and a significant number of lots fronting to streets which are anticipated to carry more traffic, streets that are long straight shots which are likely to create speeding issues, and backing conditions with no landscaping or screening. By contrast the proposed layout seeks to break the property up into a number of smaller pods of development, provides for a more curve-linear street pattern that is intended to create more interesting view corridors and not encourage speeding. The layout provides for a pedestrian connection to the adjacent school, allowing students who live in the neighborhood to more easily walk to school. The proposed layout provides access to the park/open space form the adjacent neighborhood pods. FISCAL IMPACT None. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 14, 2013 and offered a recommendation of approval by a vote of 6/1 with Mr. Ernie Evans voting nay. Staff recommends approval of Ordinance No. 13-S-37 on final reading regarding the zoning request based on the compliance with the Comprehensive Land Use Plan and the improved design and layout of the subdivision. ATTACHMENT PDD Document Ord. No. 13-S-37 ORDINANCE NO. 13-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 137.51± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 4.34± ACRES, RESIDENTIAL AGRICULTURE (RA) 9.89± ACRES AND PLANNED DEVELOPMENT DISTRICT (PDD) 123.28± ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5059, AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACT 43, COUNTY BLOCK 5056; BEXAR COUNTY, TEXAS GENERALLY LOCATED EAST OF THE INTERSECTION OF FM 1518 AND LOWER SEGUIN ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 137.51± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on August 14, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District (PDD) in accordance with the Planned Development District Design Standards attached as Exhibit C (the ?Original Design Standards?). WHEREAS; on September 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned Planned Development District (PDD) known as the Rhine Valley Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Ordinance 13-S-37 Rhine Valley Subdivision 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. rd Approved on first reading the 3 day of September, 2013. PASSED, APPROVED AND ADOPTED on final reading the ____day of ____________, 2013. ____________________________________ Michael R. Carpenter, Mayor Ordinance 13-S-37 Rhine Valley Subdivision ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-37 Rhine Valley Subdivision Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Public Affairs Department Subject:Resolution No. 13-R-70 ? Consideration and/or action approving a Resolution authorizing an agreement with Ovid Bell Press to print the Schertz Magazine. (D. Harris/L. Klepper) BACKGROUND Goal To provide for the publishing of Schertz Magazine at an affordable price. Community Benefit Schertz residents will continue to receive their monthly Schertz Magazine at a lower cost to the City. Summary of Recommended Action Recommended Action is to engage The Ovid Bell Press, Inc., for magazine printing service for FY 2013-14 with two one-year options at an estimated annual cost of $96,540 (with a not to exceed cost of $105,000). FISCAL IMPACT City staff has priced out printing options for Schertz Magazine for the next few years with multiple vendors. Quotes were received from several firms both local and outside the metro area. The following monthly quotes were received to print a 48-page, 80# gloss magazine with self-cover with a quantity of 14,000 units (approximately 10,800 mailed) including freight. What we found is that by going to a company that specializes in printing magazines and catalogs exclusively, adding in freight, and using their postage pricing and process, The Ovid Bell Press will provide a better price for printing and distribution of the magazine. At the same time, staff has worked to update our mailing lists and increase our mailing to new subdivsions in the City. Quantity $ per Quantity Price Freight Total Mailed Postage unit SA Press14,000 $10,200 $ - 10,800$ 0.23152,500 Current- $10,200 New Quotes Sheet Fed Publishers Press14,000 $ 9,734 $ - $ 9,734 SA Press (Incumbent)14,000 $ 7,900 $ - 10,800$ 0.23152,500 $ 7,900 Clear Visions14,000 $13,372 $ - $13,372 Cenveo14,000 $ 8,368 $ - $ 8,368 Web Press Polluck14,000 $10,222 $ - $10,222 The Ovid Bell Press14,000 $ 6,790 $ 1,005 12,200$ 0.19972,436 $ 7,795 Shweiki Media14,000 $ 7,926 $ - $ 7,926 Staff recommends awarding the agreement to The Ovid Bell Press, Inc. with an estimated annual cost of $96,540 including freight (with a not to exceed cost of $105,000). We also found that by using this firm?s postage process and rates, we can mail more units at a lower cost thereby increasing the number of units by 1,400 units at no net increase in postage. The fiscal impact of the Schertz Magazine printing agreement is estimated to be $96,540 (with a not to exceed cost of $105,000). Sufficient funds have been approved for magazine printing services in the account 101-172-541350 in the FY 2013-14 adopted budget. RECOMMENDATION It is the recommendation of the Public Affairs Department to approve an agreement with The Ovid Bell Press at an annual estimated cost of $96,540 with a not to exceed cost of $105,000. ATTACHMENT(S) Resolution No.13-R-70 Printing agreement-The Ovid Bell Press, Inc. and attachments. RESOLUTION NO. 13-R-70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE OVID BELL PRESS, INC. FOR PRINTING AND MAILING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has determined that the City should enter into an agreement for printing and mailing services relating to the Schertz Magazine, which is used as advertising for the City; and WHEREAS, City staff has determined that The Ovid Bell Press, Inc., is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Texas Local Government Code Section 252.022(a)(16), the City is not required to seek bids or proposals with respect to a procurement for advertising purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with The Ovid Bell Press, Inc., pursuant to the Agreement attached hereto as Exhibit A (the ?Agreement?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Agreement with The Ovid Bell Press, Inc., in substantially the form set forth on Exhibit A. Section 2.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 3.All 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 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.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 6.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, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AGREEMENT A-1 50676377.1 Exhibit A AGREEMENT This Agreement is between the City of Schertz, Texas (?City?) and Ovid Bell Press, Inc. (?Contractor?), each individually a ?Party? and collectively the ?Parties?, to be effective as of September 11, 2013 (?Effective Date?). GENERAL RECITALS WHEREAS, from time to time the City requires certain services, including printing and mailing of the City?s publication, Schertz Magazine. WHEREAS, Contractor provides printing and mailing services. WHEREAS, the City desires to enter into an agreement with Contractorto provide such services pursuant to the terms and conditions included herein. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING MUTUAL PROMISES AND THE MUTUAL BENEFITS TO BE DERIVED BY THE PARTIES HERETO, IT IS UNDERSTOOD, CONTRACTED AND AGREED AS FOLLOWS: SECTION I SERVICES GENERALLY 1.01The City hereby contracts with Contractorto provide the printing and mailing services described in the Proposal, attached hereto as Schedule 1 and incorporated herein for all purposes (the ?Proposal?), in accordance with the terms set forth in the Proposal. Contractor shall provide the services associated with such matters. SECTION II INTEGRATION; MODIFICATION; SEVERABILITY; GOVERNING LAW 2.01This Agreement embodies the entire understanding of the Parties; there are no further or other agreements or understandings, written or oral, in effect between the Parties. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the Parties solely and not for the benefit of any other person(s) or entities. 2.02A waiver, alteration, or modification of any of the provisions of this Agreement will not be binding unless in writing and signed by authorized representatives of the Parties to this Agreement. 2.03A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, invalid, or unenforceable for any reason, shall not render void, invalid, or unenforceable any other section or any part of any other section of this Agreement. 2.04 Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 1 50671846.1 Exhibit A SECTION III NOTICE 3.01All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing, and shall be deemed to have been duly given if delivered in person, by facsimile or within ten (10) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the Parties as follows: The City:City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager (210) 619-1000 Facsimile No. (210) 619-1029 Contractor:Ovid Bell Press, Inc. 1201 Bluff Street Fulton, MO 65251 (800) 636-8259 Facsimile No. (972) 423-1145 [Remainder of page intentionally left blank.] 2 50671846.1 Exhibit A IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF SCHERTZ By: John C. Kessel, City Manager Date: _______________________________ OVID BELL PRESS, INC. By: Name: Title: _______________________________ Date: _______________________________ S-1 50671846.1 Exhibit A SCHEDULE 1 THE PROPOSAL [to be attached] Schedule 1 50671846.1 Schedule 1 OBP The Ovid Bell Press, Inc. 1201 Bluff Street, Fulton MO 65251 September 5, 2013 City of Schertz Linda Klepper and David Harris 1400 Schertz Parkway ? Bldg 3 Schertz, TX 78154 Ladies and Gentlemen: We are pleased to submit for your consideration the following proposal for the printing and mailing of your publication SCHERTZ MAGAZINE: The attached price sheets (Exhibit A) show your contract signature pricing, paper consumption, mailing charges and additional basic standard prices. FREQUENCY : Publication to be printed MONTHLY on a mutually agreeable schedule as described in Exhibit B. QUANTITY : The Ovid Bell Press, Inc. (The OBP) guarantees full count on each order. PREPRESS WORKING MATERIALS : The customer will provide prepress working materials in one of three different digital formats: application files, postscript or pdf files. Files will be processed with our imposition software and imposed for the appropriate presswork and binding. Additional operator intervention (due to improper file construction, missing files or elements, or corrupt files) required to correct inconsistencies in the customer?s electronic files will be charged on the basis of actual cost at $99.00 per hour. The customer may receive one complete set of position proof, for approval, prior to printing. The customer may provide, or purchase from The OBP, press quality proof for matching four- color process on press. AUTO PROCESSED FILES: The customer will provide auto processed prepress working materials in one of two different digital formats (according to the format settings outlined in the prepress assistance page on the web site): postscript or pdf files. Customer?s files will include all necessary embedded fonts and graphics. All elements of the job must be processed electronically. Files will be processed with our imposition software and imposed for the appropriate presswork and binding. Up to ten percent (10%) of the total page count per issue maybe rejected before standard page replacement charges apply. Additional operator intervention (due to improper file construction, missing files or elements, or corrupt files) required to correct inconsistencies in the customer?s electronic files will be charged on the basis of actual cost at $99.00 per hour. Customer will soft proof pages via the Internet using InSite®. The appropriate number of pages must be customer approved prior to printing. The customer may provide, or purchase from The OBP, press quality proof for matching four-color process on press. Schedule 1 DIGITAL STORAGE : Processed digital files will be stored for fourteen (14) months after an issue?s printing, at which time they will be destroyed unless The OBP is otherwise instructed by you in writing. Packing and shipping will be charged on the basis of actual cost. PAPER: We will supply 80-pound #3 Gloss MCC 110150 for the publication. Substitution of comparable papers from other mills may be necessary from time to time to assure continuity of your publication. BINDING: Publication parts will be folded, gathered, saddle-stitched with two/three wires and trimmed flush on three sides to 8-3/8 x 10-7/8 inches. MAILING AND DELIVERY : Customer may supply an electronic mailing list in suitable form for our processing for ink-jetting or labeling. Addressed copies will be sorted, bundled and sacked or palletized to gain maximum practical advantage of postage rates and then delivered into the mails at Fulton, Missouri. The OBP will supply documentation for Postal Service presort discounts. Remainder of copies will be delivered per customer instructions. NOTE: So far as production costs are involved, the prices are firm for the contract period. Since paper is sold at ?price prevailing at time of shipment,? there may be adjustments from time to time based on the paper?s actual invoice cost. GUARANTEE AND REMEDIES : We guarantee all work and materials will be of merchantable quality, and that paper will be as specified above. In the event, however, of a defective product, shortage, or erroneous charge, all claims must be made by the customer in writing fully setting forth the nature of the claim and submitted to The OBP within thirty (30) days after the shipment of the issue. The customer?s failure to notify The OBP shall constitute an irrevocable acceptance of the work, and a waiver of any defect, damage, shortage or erroneous charge. If there is a valid claim, then remedies shall be limited to, at the OBP?s option, replacing that portion of the printed product that is defective, a partial credit of the cost of the printed product based on the proportion of the product that is defective; in no event shall lost profits, loss of time, or other consequential damages be recoverable. MAILING/SHIPPING CHARGES : Prior to the mailing or shipping of a publication, the customer shall either establish a Centralized Account Processing System (CAPS) account with the United States Postal System (USPS) for the payment of postage, or send a deposit to The OBP. The OBP deposit shall be a cash amount to pay the costs of postage and other transportation expenses, with such amount to be determined by The OBP. In the event that the customer fails to deposit the amount required, the parties agree that The OBP shall have no obligation to mail or ship the printed publication and the customer agrees that The OBP shall not be liable for any damages, of whatever nature, that may result from the fact that the publication is not mailed or shipped. TERMS OF PAYMENT WITH APPROVED CREDIT : If the customer has approved credit, as evidenced by written communication from The OBP, then the customer agrees to pay the invoice for printing services net thirty (30) days from the date of such invoice and if such invoice is not fully paid in such time period, then the customer agrees to pay interest on the unpaid balance at the rate of one percent (1%) per month until the balance of the invoice is paid in full. The Credit Application is attached as Exhibit C. Notwithstanding anything to the contrary set forth herein, all funds to be paid by the Customer hereunder shall be from currently available budgeted revenues of the Customer only. DEFAULT : If the customer should fail to comply with the provisions of this proposal, the parties agree that The OBP may retain in its possession any and all materials constituting or relating to the publication that is the subject of this proposal; and, further agree that all amounts due and payable under this proposal Schedule 1 shall be accelerated and shall be immediately due and payable without further demand; and, further agree that the costs and expenses of collecting the sums due and owing under this proposal, including attorney?s fees, court costs, and all other costs of collection shall be paid by the customer. INDEMNIFICATION : The customer warrants that the content of all matter submitted to The OBP does not infringe on any person or entity?s intellectual property rights, does not constitute libel, and otherwise is in full conformity with all applicable laws. In the event of any prosecution or litigation for libel, infringement of copyright, or of any nature whatsoever as a result of the publication of any material or materials, the customer, to the extent permitted by law, shall indemnify and hold harmless The OBP and bear all expenses for the defense of The OBP its officers and employees--including, but not limited to legal fees, court costs, travel and living expenses away from home, compensation from time lost from work, judgments and fines--connected with such action or actions. At no time shall the customer?s indemnity apply if The OBP has caused the infringement, libel, or violations of the law by having altered the material in question. DURATION OF AGREEMENT: This proposal, when acceptance is indicated by your signing and returning the copy to us and upon completion of satisfactory credit arrangements, shall become an agreement covering production for a period beginning September 11, 2013 through September 10, 2014. It shall, thereafter, be automatically extended for up to two one-year terms with an annual increase not to exceed 3% for any line item expense and no more than 5% for any line item expense over the three-year period unless either party notifies the other of the intention not to renew at least sixty (60) days before the termination of the current period. The parties agree that a facsimile copy of this proposal, including the facsimile signature of the parties to this proposal shall be considered and treated as the equivalent of the original of this proposal and the signature page thereof. Either party may cancel this agreement upon thirty (30) days written notice. Sincerely, David O?Donley Vice President of Sales and Marketing THE OVID BELL PRESS, INC. Û¨¸·¾·¬ß Û¨¸· Prepress Application files, per page 16.00 Postscript/pdf files, per page 8.50 Auto processing, per page 4.25 Plating, per plate 13.50 Pick-up, per page 2.00 Digital color press proof, per page 10.00 Digital color press proof, per 8-page flat 35.00 Position proofs, per page 1.00 File conversion (includes pick-up), each 20.00 Post-ripped PDF?s (1CD)50.00 st Additional CD?s (ordered at the same time) 10.00 Archived post-ripped PDF?s (1CD)125.00 st Additional CD?s (ordered at the same time) 10.00 O-Mag Digital Edition, per page 3.00 Printing: Body Paper: 80-pound #3 Gloss MCC 100175 Make Run Run Ready per M MR #'s #'s 16 pages 1/1 140.55 10.30 268.00 144.05 16 pages 2/2 202.30 11.10 335.00 144.05 16 pages 4/4 280.50 11.80 563.00 144.05 16 pages 5/5 358.70 12.65 616.00 147.40 16 pages 4/4 + UV 567.70 18.50 580.00 147.40 8 pages 1/1 249.40 5.30 268.00 77.72 8 pages 2/2 277.65 5.70 335.00 77.72 8 pages 4/4 345.70 6.05 563.00 77.72 8 pages 5/5 423.90 6.50 616.00 79.33 8 pages 4/4 + UV 537.15 12.75 580.00 79.33 4 pages 1/1 69.75 9.35 308.00 38.86 4 pages 2/2 83.90 12.55 308.00 38.86 4 pages 4/4 176.85 17.70 308.00 38.86 4 pages 5/5 220.45 18.80 335.00 38.86 Pricesheet Page 1 Û¨¸· PMS Surcharge, per color 62.00 10.65 Metallic ink, per page, per thousand copies (mininum charge $100.00) Plate changes: Sheetfed, per plate, per change 1 (black) Web plate change 4 Web plate changes (one side of sig.) 97.50 135.00 Run per 270.00 Saddle stitch M 10.15 17.90 Up to 4 sigs. 5- 27.95 Make 8 sigs. 9-10 Ready sigs. Version 68.05 change 104.85 119.05 Perfect bind 150.00 19.55 22.10 24.70 1-4 pockets 5-8 27.30 29.80 32.40 ockets 9-12 p 210.90 ockets 13-16 p 266.90 ockets 17-20 p 323.00 ockets 21-25 p 379.15 435.20 ockets Version p 491.30 change 220.00 (Less than 1/8" spine or over 25 pockets will require special pricing) Insert charges 60.00 23.00 140.50 Tipping supplied inserts to front or back of signatures 25.00 75.00 115.00 7.50 Hand tipping, per thousand Applying belly-band with Make 3.00 10.00 12.00 Ready Run per M tape, per thousand Applying belly-band with two glue 12.45 22.7510.30 dots, per thousand Blow in card insertion (1 or 2 cards): 22.75 Insert handling fee (gathered in), per thousand Folding 4- page insert, envelope flap or card, per thousand Folding 8-page insert, per thousand Addressing/Mailing Up to 9,999 copies 10,000 copies & above USPS List Processing--minimum charge $75.00 Up to 19,999 addresses 20,000 -49,999 addresses 25.00 50,000 + addresses 25.00 15.00 25.00 10.00 Additional mail list, each Pricesheet 5.00 Page 15.00 2 Û¨¸· Merge and Purge mail list 35.00 0.005 Polybagging: Polybag publication 75.00 50.00 Polybag publication with one onsert 75.00 56.00 Additional onserts, per thousand, per onsert (maximum 5) 6.00 Extra to hand feed on olybagger, per thousand, per onsert 25.75 p (More than 5 onserts or onserts weighing more than 6 oz. require special pricing. Co-mail fees Additional Polybagging fee, per thousand 4.00 Label-Aire Labeling, per thousand (charged if white box is not on magazine) 10.00 Miscellaneous: Jiffy envelopes, each 1.50 Cartons, each 1.25 Shipping and handling charge per package 2.10 Hand insert into 9x12 OBP supplied envelopes, each 0.28 Hand insert into 9x12 customer- supplied envelopes, each 0.18 Hand apply return address labels 0.10 Arpac bundles 0.20 Counting/strapping bundles, each 0.20 Palleting, each 25.00 Back issue handling: Mailing 1-200 copies, per copy 0.50 Mailing more than 200 copies, machine prices plus 10% Bulk shipping: 1-200 copies, ea. 0.10 Bulk shipping: 201 copies and above, ea. 0.05 Storage, per copy, per month (minimum charge $20.00) 0.02 Pricesheet Page 3 Exhibit B Magazine Monthly Deadlines GOAL: TO HIT MAILBOXES THE 1st of EACH MONTH Days prior to Magazine Staff publication Stories Assined g 75 days Must be assigned by no later than 75 days prior to publication date, For example March, assignments need to be done by Dec. 15 45 daysAssinements Due g All assignements will be due no later than the 45 days prior to the publication date. For example March stories would be due January 15 25 days Editorial Content Upload Editorial content for the magazine is to be organized, proofed, and includes photos and uploaded to the designer no later than the 5th of each month. If the 5th falls on a weekend upload will occur the Friday before. stories 40 daysAdvertisments Advertiser changes will be requested from advertisers 40 days prior to publication date. Ad changes from current advertisers will be due to the designer no 30 daysAdvertisment changes later than 30 days prior to publication date. In some cases ad changes will be allowed within 30 days of publication. New Ads for the month will need to have the contract signed and 25 daysNew Advertisments submitted no later than the 5th of the month prior to publication. For Camera ready ads deadline for submission is the 5th of the month. If we are designing the ad in house then all elements of the ad are due no later than the 1st of the month prior to publication. Once a magazine proof is received by the magazine staff they will 15 daysProofing have 2-3 days to make final changes and approve a final version to be sent to press. Designer Ad Proofs 40-30 days Ad proofs need to be sent back to the advertising director no later than 2 business days after the ad changes are sent to the designer 15 daysFull Proof for review A final proof of the magazine will need to be sent to magazine staff no later than 7-10 days after the upload date. 10 daysUpload to printer Designer will upload the final approved version of the magazine to the printer no later than the 10 days prior to publication date Printer With approval of a mutually-agreeable schedule, the printer will have 5 5 daysPrinting of the magazine business days to print the magazine and have it inkjeted and shipped from their facility. 5-0 daysShippin to Schertz g After final production, shipping of postal copies to Schertz Post Office will occur within 7 business days . This schedule begins with the October 2013 Schertz Magazine. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Finance Subject: Ordinance No. 13-B-38 Certificates of Obligation (First and Final Reading) BACKGROUND On July 30, 2013 the City Council authorized a Notice of Intention Resolution to issue Certificates of Obligation to finance the costs of expanding the utility system (particularly the sewer system) in South Schertz and for the purchase of a Public Works Building. The Notice stated that we would sell the Obligations on September 10, 2013. FISCAL IMPACT The $3,000,000 for the Utility System Expansion will be on a 20 year schedule and will be paid by Utility System Net Revenues (no taxes will be used) and the $2,000,000 Public Works Building will be paid on a 10 year or less schedule with payments of approximately $270,000 per year. Since a prior $270,000 commitment is being extinguished, there is no new money being earmarked for this facility. Prospective bidders must provide interest rate bids by noon on September 10, 2013. The best bid will be presented to City Council for their consideration. RECOMMENDATION The City Staff recommends approval of this expenditure and approval of Ordinance 13-B-38. ATTACHMENT Ordinance No. 13-B-38 50359789.1 DRAFT 8/28/13 ORDINANCE NO. 13-B-38 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ?CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013?; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENTPERTAINING THERETO;AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN OFFICIAL BID FORM; COMPLYING WITH THE PROVISIONS OF THE DEPOSITORY TRUST COMPANY?S LETTER OF REPRESENTATIONS; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY?S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount of $5,000,000for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City?s utility system, (2)purchasing land and an existing building that will be renovated, demolished, repaired, improved, enlarged, and equipped for use by the City?s Public Works Department and Utility System Department, (3) payment for professional services for the development of a City building master plan; (4)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (5)the payment of professional services related to the design, construction, and financing of the aforementioned projects.This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2) consecutive weeks, the date of the first publication of such notice being not less than thirty(30) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates of obligation; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and 57274492.3 WHEREAS, the City Council hereby finds and determines that the issuance of the certificates of obligation, under the terms herein specified, is in the best interests of the City and its residents; and WHEREAS, the CityCouncil hereby finds and determines that certificates of obligation in the principal amount of$_________described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THECITY COUNCIL OF THECITY OF SCHERTZ, TEXAS THAT: SECTION 1.Authorization -Designation -Principal Amount -Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of_____________________________________________________ AND NO/100DOLLARS ($_________), to be designated and bear the title of ?CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013? (the Certificates), 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) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City?s utility system, (2)purchasing land and an existing building that will be renovated, demolished, repaired, improved, enlarged, and equipped for use by the City?s Public Works Department andUtility System Department, (3)payment for professional services for the development of a City building master plan; (4)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (5)the payment of professional services related to the design, construction, and financing of the aforementioned projects, pursuant to the authority conferred by and in conformity with the laws of the State of Texas, particularly 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. SECTION 2.Fully Registered Obligations -Authorized Denominations -Stated Maturities -Interest Rates ?Certificate Date. The Certificates are issuable in fully registered form only; shall be dated September 1,2013(the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on February1in each of the years and in principal amounts(the Stated Maturities) and bear interest on the unpaid principal amounts from the CertificateDate, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: YearsofPrincipalInterest Stated MaturityAmounts($)Rates(%) 2014 2015 2016 -2- 57274492.3 YearsofPrincipalInterest Stated MaturityAmounts($)Rates(%) 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Certificates shall be payable on February 1 and August 1 in each year, commencing February1, 2014(the Interest Payment Date), while the Certificates are Outstanding. SECTION 3.Payment of Certificates -Paying Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium if any, and interest on the Certificates shall be without exchange or collection charges to the Holder (hereinafter defined) of the Certificates. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texasto serve as the initial Paying Agent/Registrar (the PayingAgent/Registrar), for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying -3- 57274492.3 Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the UnitedStates of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Certificates by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Security Register (the Holderor Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, (ii) on the date of surrender of the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates? Stated Maturityor upon redemption of the Certificates, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Certificate for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Certificatesshall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust office.Interest on the Certificates shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Certificates (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder?s risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date-which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the -4- 57274492.3 Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Certificate appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4.Redemption. A.Mandatory Redemption. The Certificates stated to mature on February 1, 20__ are referred to hereinas the ?Term Certificates?. The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Certificates Stated to Mature onFebruary 1,20 Principal YearAmount ($) _______________ _______________ _______________ _______________* *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B.Optional Redemption.The Certificateshaving Stated Maturities on and after February1,2023shall be subject to redemption prior to Stated Maturity, at the option of the City, on February1,2022, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C.Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be -5- 57274492.3 redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. D.Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject toredemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E.Notice of Redemption.Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City?s expense, by the Paying Agent/Registrar to each Holder of a Certificate to be redeemed, in whole or in part, at the address of theHolder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii)identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion ofthe principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance.This notice may also be published once in a financial publication, journal, or reporter of general circulationamong securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F.Transfer/Exchange of Certificates.Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty-five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate which is subject to redemption in part. -6- 57274492.3 SECTION 5.Execution -Registration. The Certificates shall be executed on behalf of the City by its Mayoror Mayor Pro Temunder its seal reproduced or impressed thereon and attested by its City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices priorto the delivery of the Certificates to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6.Registration -Transfer -Exchange of Certificates -Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the nameand address of every owner of the Certificates, or if appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Certificates to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent byregistered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to -7- 57274492.3 the same benefits under this Ordinance,as the Certificates surrendered upon such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7.Initial Certificate(s).The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $___________with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully registered Certificate for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 andupward (the Initial Certificate(s)) and, in either case, the Initial Certificate(s) shall be registered in the name of the Purchasers or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Certificate(s)to the Purchasers,the Paying Agent/Registrar,pursuant towritten instructions from the Purchasers or their designee,shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rateson the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, and shall be lettered ?R? and numbered consecutivelyfrom one (1) upwardfor transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8.Forms. A.Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Certificates, or any Stated Maturities thereof, are insured and identifying numbers and letters of -8- 57274492.3 the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Certificates as evidenced by their execution thereof, but the Initial Certificate(s) submitted to the Attorney General of the State of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] -9- 57274492.3 B.Form of Definitive Certificate. REGISTERED REGISTEREDPRINCIPAL AMOUNT NO. _________$_____________ United States of America State of Texas Counties of Bexar, Comal, and Guadalupe CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2013 Certificate Date:Interest Rate:Stated Maturity:CUSIP No. September 1,2013 REGISTERED OWNER:_________________________________________________________ PRINCIPAL AMOUNT:_________________________________________________________ The City of Schertz, Texas (the City), a body corporate and municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the CertificateDate, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amounthas become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February1 and August1of each year commencing February1,2014. Principal and premium, if any, of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day ofthe month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder?s risk and expense. -10- 57274492.3 This Certificate is one of the series specified in its title issued in the aggregate principal amount of $_________(the Certificates) pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1)constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City?s utility system, (2)purchasing land and an existing building that will be renovated, demolished, repaired, improved, enlarged, and equipped for use by the City?s Public Works Department and Utility System Department, (3) payment for professional services for the development of a City building master plan; (4)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (5)the payment of professional services related to the design, construction, and financing of the aforementioned projects, under and in strict conformity with the laws of the State of Texas, particularly Chapter 1502,as amended, Texas Government Code, the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.064, and the City?s Home Rule Charter. As specified in the Ordinance, the Certificates stated to mature on February 1, 20__are referred to hereinas the ?Term Certificates?. The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Certificates Stated toMature onFebruary 1,20 Principal YearAmount ($) ________________ ________________ ________________ ________________* *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. -11- 57274492.3 As provided in the Ordinance, the Certificateshaving Stated Maturities on and after February1,2023shall be subject to redemption prior to Stated Maturity, at the option of the City, on February1,2022,or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemptionand upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Holders of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance.If this Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemptionhas beenduly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price, and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Certificate is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Certificate within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the Net Revenues derived from the operation of the City?s combined utility system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Subordinate LienObligations, and any Prior Lien Obligations, Junior Lien Obligations,or Additional Subordinate Lien Obligations hereafter issued by the City. The City has previously authorized the issuance of the currently outstanding Limited Pledge Obligations (identified and defined in the Ordinance) that are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the System in the manner and as described in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations,and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. -12- 57274492.3 Reference is hereby made to the Ordinance, a copyof which ison file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisionsof which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates; the terms and conditions under which the City may issue Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii)on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date-which shall be fifteen (15) days after the Special Record Date) shall be sent atleast five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date ofmailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Certificates does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Certificates by the levy of a tax and collection of Pledged Revenues as aforestated.In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and -13- 57274492.3 enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] -14- 57274492.3 IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. CITY OF SCHERTZ, TEXAS By_________________________________ Mayor ATTEST: ____________________________________ City Secretary (CITY SEAL) -15- 57274492.3 C.*Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate(s) Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS§ §REGISTER NO. THE STATE OF TEXAS§ I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this ____________________ ____________________________________ Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Certificates. D.Form of Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within-mentioned Ordinance; the Certificate or Certificates of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date:BOKF, NA dba Bank of Texas, Austin,Texas, as Paying Agent/Registrar ____________________________________By: _______________________________ Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. -16- 57274492.3 E.Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee):____________________________ ______________________________________________________________________________ (Social Security or other identifying number): ________________________________________ the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED:____________________________ ________________________________________________ NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. Signature guaranteed: ____________________________________ F.The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, exceptthat the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Certificate(s) the headings ?Interest Rate and ?Stated Maturity shall both be completed ?as shown below?; (ii) the first two paragraphs shall read as follows: Registered Owner: ______________________________________________________________ Principal Amount: ______________________________________________________________ The City of Schertz, Texas (the City), a body corporate and municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of Februaryin each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: -17- 57274492.3 Years ofPrincipalInterest Stated MaturityAmounts ($)Rates (%) (Information to be inserted from schedule in Section 2 hereof) (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Certificate Date specified above,or from the most recent interest payment date to which interest has been paid or duly provided foruntil the Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above, computed on the basis of a 360-day year of twelve 30-day months; such interest being payable onFebruary1 and August1 of each year, commencing February1,2014. Principal of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin,Texas(the Paying Agent/Registrar).Interest shall be payable to the Holder of this Certificate whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day ofthe month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be inany coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G.Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificate(s) shall bear an appropriate legend as provided by the insurer. SECTION 9.Definitions. For all purposes ofthis Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections27and 44of this Ordinance have the meanings assigned to them in Sections27and 44 of this Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in this Ordinance to designated ?Sections? and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words ?herein?, ?hereof?, and ?hereunder? and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A.The term Additional Subordinate Lien Obligationsshall mean (i) any bonds,notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable in whole or in part from and equally and ratably secured by asubordinate and inferior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing -18- 57274492.3 that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. B.The term Additional Limited Pledge Obligationsshall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable in whole or in part from a pledge of and lien on Net Revenues of the System which pledge of revenues is limited pursuant to Section 1502.052, as amended, Texas Government Code,all as further provided in Section 20 of this Ordinance, and (ii)any obligations issued to refund the foregoing as determined by the City Council in accordance with any applicable law. C.The term Authorized Officialsshall mean the Mayor, the Mayor Pro Tem,the City Manager,the Director of Finance,and/or the City Secretary. D.The term Certificatesshall mean the $_________?CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013? authorized by this Ordinance. E.The term Certificate Fundshall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. F.The term Cityshall mean the City of Schertz, located in Bexar, Comal, and Guadalupe Counties, Texas and, where appropriate, the City Council of the City. G.The term Closing Dateshall mean the date of physical delivery of the Initial Certificates in exchange for the payment of the agreed purchase price for the Certificates. H.The term Collection Dateshall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. I.The term Debt Service Requirementsshall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. J.The term Depositoryshall mean an officialdepository bank of the City. K.The term Fiscal Yearshall mean the annual financial accounting period for the System now ending on September 30th of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. -19- 57274492.3 L.The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than ?AAA?or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than ?AAA? or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Certificates. M.The term Gross Revenuesfor any period shall mean all revenue during such period in respect or on account of the operation or ownership of the System, excluding refundable meter deposits, restricted gifts, and grants in aid of construction, but including earnings and income derived from the investment or deposit of money in any special fund or account (except the Certificate Fund) created and established for the payment or security of the Certificates. N.The term Holderor Holdersshall mean the registered owner, whose name appears in the Security Register, for any Certificate. O.The term Interest Payment Dateshall mean the date interest is payable on the Certificates, being February1 and August1 of each year, commencing February1,2014, while any of the Certificates remain Outstanding. P.The term Junior Lien Obligationsshall mean (i)any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being junior and inferior to the lien on and pledge of the Net Revenues of the System, that may be pledged to the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Subordinate Lien Obligations, Limited Pledge Obligations, the Certificates, or any Additional Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. Q.The term Limited Pledge Obligationsshall mean (i) the Certificates and any outstanding and unpaid obligations of the City that are payable, in part, from and secured by a subordinate and inferior lien on and pledge of a limited amount of the Net Revenues of the System and designated as follows: -20- 57274492.3 (1)?City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2004?, dated May 15, 2004, in the original principal amount of $7,750,000;and (2)?City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2007?, dated January 1, 2007, in the original principal amount of $9,915,000; and (ii) obligations hereafterissued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. R.The term Maintenance and Operating Expensesshall mean all current expenses of operating and maintaining the System not paid from the proceeds of the Certificates, including (1) the cost of all salaries, labor, materials, repairs, and extensions necessary to render efficient service, but only if, in the case of repairs and extensions, they are, in the judgment of the City Council (reasonably and fairly exercised), necessary to maintain operation of the System and render adequate service to the City and the inhabitants thereof, or are necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues, (2) payments to pension, retirement, health, hospitalization, and other employee benefit funds for employees of the City engaged in the operation or maintenance of the System, (3)payments under contracts for the purchase of water supply, treatment of sewage, or other materials, goods, or services for the System to the extent authorized by law and the provisions of such contract, (4) payments to auditors, attorneys, and other consultants incurred in complying with the obligations of the City hereunder, and (5)any legal liability of the City arising out of the operation, maintenance, or condition of the System, but excluding any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest onthe Certificates or other bonds, notes, warrants, or similar obligations of the City payable from Net Revenues. S.The term Net Revenuesfor any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. T.Theterm Ordinanceshall mean this ordinance as finally passed and adopted by the City Council of the City. U.The term Outstandingwhen used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1)those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2)those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3)those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. -21- 57274492.3 V.The term Pledged Revenuesshall mean, while the Certificates remain Outstanding, an amount of Net Revenues not in excess of $1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. W.The term Pledged Revenue Amountshall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year (however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. X.The term Prior Lien Obligations shall mean(i)any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System, all as further provided in Section20 of this Ordinance, and (ii)any obligations issued to refund the foregoing that are payable from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System as determined by the City Council in accordance with any applicable law. Y.The term Purchasersshall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. Z.The term Stated Maturityshall mean the annual principal payments of the Certificates payable on February1 of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. AA.The term SubordinateLien Obligationsshall mean (i)the outstanding and unpaid obligations of the City that are payable wholly or, in part, from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues of the System and designated as follows: (1)?City of Schertz, Texas Combination Tax and SubordinateLien Revenue Certificates of Obligation, Series 2005?, dated May 1, 2005, in the original principal amount of $3,200,000; and (ii) obligationshereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues of the System as determined by the City Council in accordance with any applicable law. BB.The term System shall mean all properties, facilities and plants currently owned, operated, and maintained by the City for the supply, treatment, and transmission of treated potable water, for the collection and treatment of wastewater, together will all future extensions, improvements, replacements and additions thereto, whether situated within or without the limits of the City and the City expressly reserves the right at its sole discretion to include additional utility, telecommunications, technology, or similar enterprise services as components of the System; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of Special FacilitiesBonds, -22- 57274492.3 which are hereby defined as being special revenue obligations of the City which are not payable from Net Revenues but which are payable from and equally and ratably secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Bonds Similarly Secured including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. SECTION 10.Certificate Fund ?Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Certificates, there shall be and is hereby created a special fund to be designated ?COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013, INTEREST AND SINKING FUND? (the Certificate Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 27. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Certificatefund sufficient to pay the purchase price or the amount of principal of, premium, if any,and interest on the Certificates as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest stated tomatureon the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interestand principal payment date for the Certificates. The City, at its sole discretion, may deposit the Pledged Revenue Amount to the Certificate Fund. The Pledged Revenue Amount, if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established by this Ordinance may, at the option of the City, be placed in time deposits,certificates of deposit, guaranteed investment contracts, or similar contractual agreements, aspermitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities, including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in theopinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the propertime or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such fund. All -23- 57274492.3 such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11.Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Certificates or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fundand are thereafter pledged to the payment of the Certificates. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shallbe determined and accomplished in the following manner: A.Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1)the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2)the amount on deposit in the Certificate Fund after (a)deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Pledged Revenues, if any, to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3)the amount of Pledged Revenues, if any, to be appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B.The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12.Pledge of Revenues.The City hereby covenants and agrees that, subject to (i) any prior lien on and pledge of the Net Revenues of the System to the payment and security -24- 57274492.3 of the currently outstanding Subordinate LienObligationsand any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City and (ii) the lien on and pledge of a limited amount of the Net Revenues to the payment and security of the currently outstanding Limited Pledge Obligations, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates and the pledge of Pledged Revenues herein made for the payment of the Certificates shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13.System Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the Systemshall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the ?CITY OF SCHERTZ, TEXAS UTILITY SYSTEM FUND? (the System Fund). All money deposited in the System Fund shall be pledged andappropriated to the extent required for the following purposes and in the order of priority shown: First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinance authorizing their issuance; Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the Cityin accordance with the terms and provisions of any ordinance authorizing their issuance; Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the Cityin accordance with the terms and provisions of any ordinance authorizing their issuance; and Fifth: To the payment of the amounts that may be deposited in the special funds and accounts established for the payment of the currently outstanding Limited Pledge Obligations, including the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. -25- 57274492.3 SECTION 14.Deposits to Certificate Fund ?Surplus Certificate Proceeds.The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and interest payment date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment, security, and benefit of (i) the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City and (ii) the currently outstanding Limited Pledge Obligations, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interestreceived from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds, including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15.Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the Stateof Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 16.Maintenance of System -Insurance. The City covenants and agrees that while the Certificates remain Outstandingit will maintain and operate the System with all possible efficiency and maintain casualty and other insurance (including a system of self- insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either byreplacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17.Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for utilityservicesafforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: A.to pay all operating, maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses;provided, however, that the City expressly reserves the right to utilize other lawfully available funds to pay the Maintenance and Operating Expenses; -26- 57274492.3 B.to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i) theinterest on and principal of any Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (ii) the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (iii)the interest on and principal of the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof,and (iv) the amounts that may be deposited in the special funds established for the payment of the currently outstanding Limited Pledge Obligations, the Certificates, or any Additional Limited Pledge Obligations hereafter issued by the City; and C.to pay other legally incurred indebtedness payable from the Net Revenues of the System and/or secured by a lien on the System or the Net Revenues thereof. SECTION 18.Records and Accounts-Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correctentries shall be made of all transactions relating thereto, as provided by Chapter 1502, as amended, Texas GovernmentCode, or other applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19.Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Certificates shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruingupon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specificremedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20.Issuance of Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations. The City hereby -27- 57274492.3 expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A.Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B.Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is junior and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Subordinate Lien Obligations, Limited Pledge Obligations,and the Certificates and any Additional Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; and C.Additional Subordinate Lien Obligations payable from and equallyand ratably secured by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing, in part, the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; and D.Additional Limited Pledge Obligations secured by a lien on and pledge of a limited amount of the Net Revenues in accordance with the provisions of the following paragraph. Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the holders of the currently outstanding Limited Pledge Obligations and the Certificates) upon such terms and conditions as the City Council may determine. Additional Limited Pledge Obligations, if issued and payable, in whole or in part, from Pledged Revenues (defined in the same or similar terms as provided in Section9 of this Ordinance or in the ordinances authorizing the issuance of the Limited Pledge Obligations), shall not in any event be construed to be payable from the Pledged Revenues authorized by this Ordinance or in the ordinances authorizing the issuance of the Limited Pledge Obligations to be budgeted and appropriated for the payment of the Certificates or the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations. However, the lien on and pledge of the limited amount of Net Revenues securing, in part, the payment of the Certificates and any Additional Limited Pledge Obligations shall be subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of the currently outstanding Subordinate LienObligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City. -28- 57274492.3 SECTION 21.Special Covenants. The City hereby further covenants that: A.it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under Chapter1502, as amended, Texas GovernmentCode, the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, and the City?s HomeRule Charter; B.other than for the payment of the currently outstanding Subordinate Lien Obligations, Limited Pledge Obligations, and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; C.as long as any Certificates or any interest thereon remain Outstanding, the City will not sell, lease or encumber (except in the manner provided in Section 20 of this Ordinance) the System or any substantial part thereof, provided that this covenant shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System; D.to the extent that it legally may, the City further covenants and agrees that, so long as any of the Certificates, or any interest thereon, are Outstanding, no franchise shall be granted for the installation or operation of any competing utilitysystems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited; and E.no free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. SECTION 22.Application of the Covenants and Agreements of the Prior Lien Obligations or Junior Lien Obligations?Additional Subordinate Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinance authorizing the issuance of the currently outstanding Subordinate LienObligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinancesauthorizing the issuance of the currently outstanding Subordinate LienObligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the currently outstanding Subordinate LienObligations. It is expressly recognized that prior to the issuance of any Prior Lien Obligations, Junior Lien Obligations,or Additional Subordinate Lien Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently -29- 57274492.3 outstanding Subordinate LienObligations, Limited Pledge Obligations, and the Certificates, as appropriate. SECTION 23.Notices to Holders ?Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 24.Cancellation.All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and,if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25.Mutilated, Destroyed, Lost, and Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturityand interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney?s fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. -30- 57274492.3 Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. SECTION 26.Sale of the Certificates at Competitive Sale ?Official Statement Approval ?Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to ___________________________________(the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of an Official Bid Form, dated September 10, 2013, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes, at the price of par, plus an original issue reoffering premium of $___________, less a Purchasers? discount of $___________, plus accrued interest of $___________, is hereby approved and confirmed.The pricing and terms of the sale of the Certificates are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Initial Certificates shall be registered in the name of _______________. It is hereby officially found, determined, and declared that the Purchasers are the highest bidder for the Certificates as a result of invitations for competitive bids in compliance with applicable law. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i)the City?s prior determination that the Preliminary Official Statement was, as of its date, ?deemed final?in accordance with the Rule (hereinafter defined) and (ii)the use and distribution of the Official Notice of Sale, Official Bid Form, and Preliminary Official Statement in connection with the public offering and sale of the Certificates. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by any Authorized Official shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated September 10, 2013, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. Proceeds from the sale of the Certificates shall be applied as follows: (1)Accrued interestreceived from the Purchasers shall be deposited into the Certificate Fund. -31- 57274492.3 (2)The City received a net original issue reoffering premium from the sale of the Certificates of $___________which is hereby allocated by the City in the following manner: (1)$___________to pay the Purchasers? compensation (2)$___________ shall be deposited into the construction accountestablished in paragraph (3) below,and (3)$___________to paythe remaining costsof issuance. (3)The balance of the proceeds derived from the sale of theCertificates (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section10 of this Ordinance. Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14of this Ordinance. SECTION 27.Covenants to Maintain Tax-Exempt Status. A.Definitions. When used in this Section, the following terms have the following meanings: Bondsmeans the $___________?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS, SERIES 2013,? dated September 1, 2013 and issued on the Closing Date. ?Closing Date?means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. ?Code?means the Internal Revenue Code of1986, as amended by all legislation, if any, effective on or before the Closing Date. ?Computation Date?has the meaning set forth in Section1.148-1(b) of the Regulations. ?Gross Proceeds?means any proceeds as defined in Section1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section1.148-1(c) of the Regulations, of the Certificates. ?Investment?has the meaning set forth in Section1.148-1(b) of the Regulations. ?Nonpurpose Investment?means any investment property, as defined in section148(b)of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. ?Rebate Amount?has the meaning set forth in Section1.148-1(b) of the Regulations. -32- 57274492.3 ?Regulations?means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections103 and141 through150 of the Code, and 103 of the Internal Revenue Code of1954, which are applicable to the Certificates. Any reference to any specific Regulationshall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. ?Yield?of (1)any Investment has the meaning set forth in Section1.148-5 of the Regulations;and (2)the Certificates means the combined yield on the Certificatesand the Bonds, treating them as a single issue and as calculated pursuant to Section 1.148-4 of the Regulations. B.Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. C.No Private Use or Private Payments. Except to the extent that it will not cause the Certificates to become ?private activity bonds? within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1)exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of thegeneral public; and (2)not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. -33- 57274492.3 D.No Private Loan. Except as would not cause the Certificates to become ?private activity bonds? within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be ?loaned? to a person or entity if-(1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E.Not to Invest at Higher Yield. Except as would not cause the Certificates to become ?arbitrage bonds? within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Certificates. F.Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G.Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H.Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1)The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2)Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. -34- 57274492.3 (3)As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebatepayments made for the Certificates equals(i)in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and(ii)in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f)of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4)The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I.Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm?s length and hadthe Yield of the Certificates notbeen relevant to either party. J.Certificates Not Hedge Bonds. (1)The City reasonably expects to spend at least 85% of the spendable proceeds of the Certificates within three years after such Certificates are issued. (2)Not more than 50% of the proceeds of the Certificates will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K.Elections. The City hereby directs and authorizes any Authorized Official, either individually or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document.Such elections shall be deemed to be made on the Closing Date. -35- 57274492.3 L.Qualified Tax-Exempt Obligations. The City hereby designates the Certificates as qualified tax-exempt obligationsfor purposes of section 265(b) of the Code. In furtherance of such designation, the City represents, covenants and warrants the following: (a) during the calendar year in which the Certificates are issued, the City (including any subordinate entities) has not designated nor will designate obligations, which when aggregated with the Certificates, will result in more than $10,000,000 of ?qualified tax-exempt obligations? being issued; (b) the City reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year 2013 by the City (including any subordinate entities) will not exceed $10,000,000; and (c) the City will take such action or refrain from such action as is necessary in order that the Certificates will not be considered ?private activity bonds? within the meaning of section 141 of the Code. SECTION 28.Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Certificates pending their approval by the Attorney Generalof the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Certificates to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together withthe City?s financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificate to the Purchasers and, when requested in writing by the Purchasers, the initial exchange thereof for definitive Certificates. SECTION 29.Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of thePledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i)money sufficient to pay in full such Certificates or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii)Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance,been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice ofredemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have -36- 57274492.3 been made) the redemption date thereoffor the Certificates.In the event of a gross defeasance of the Certificates, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Certificate. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 27 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Certificates, or applicable redemption dateof theCertificates, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Certificates that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates immediately following the defeasance; (3)directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though itwas being defeased at the time of the exercise of the option to redeem the defeased Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30.Printed Opinion.The Purchasers? obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Fulbright& JaworskiLLP,as Bond Counsel, approving certain legal matters as to the Certificates, thisopinion to be dated and delivered as of the date of initial delivery and payment for such Certificates. Printing of a true and correct copy of thisopinion on the reverse side of each of theCertificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 31.CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor bond counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. -37- 57274492.3 SECTION 32.Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33.Ordinance a Contract, Amendments -Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however,that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34.Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 35.Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 36.Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37.Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to beinvalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38.Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. -38- 57274492.3 SECTION 39.Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. SECTION 40.Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Certificates. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 41.Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 42.Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed tobe in compliance with the requirements for publication thereof. SECTION 43.No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44.Continuing Disclosure Undertaking. A.Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMAmeans the MSRB?s Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRBmeans the Municipal Securities Rulemaking Board. Rulemeans SEC Rule 15c2-12, as amendedfrom time to time. SECmeans the United States Securities and Exchange Commission. -39- 57274492.3 B.Annual Reports. The Cityshall fileannually with the MSRB, (1) within six months after the end of each fiscal yearof the Cityending in or after2013, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section26of this Ordinance,being the information described in ExhibitChereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be(i)prepared in accordance with the accounting principles described in ExhibitChereto, or such other accounting principles as the Citymay be required to employ from time to time pursuant to state law or regulation,and(ii)audited, if the Citycommissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Cityshall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available.Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the Citymust have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor?s opinion on the statement, shall be filed in the office of the City Secretary/Clerkwithin 180 days after the last day of the City?s fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the Citychanges its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Cityotherwise would be required to provide financial information and operating data pursuantto this Section. C.Noticeof Certain Events. The Cityshall filenotice of any of the following events with respect to the Certificatesto the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1)Principal and interest payment delinquencies; (2)Non-payment related defaults, if material; (3)Unscheduled draws on debt service reserves reflecting financial difficulties; (4)Unscheduled draws on credit enhancements reflecting financial difficulties; (5)Substitution of credit or liquidity providers, or their failure to perform; (6)Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; -40- 57274492.3 (7)Modifications to rights of holders of the Certificates, if material; (8)Certificate calls, if material, and tender offers; (9)Defeasances; (10)Release, substitution, or sale of property securing repayment of the Certificates, if material; (11)Rating changes; (12)Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13)The consummation of a merger, consolidation,or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14)Appointment of a successor or additional paying agent/registraror the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Cityin a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The Cityshall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D.Limitations, Disclaimers, and Amendments. The Cityshall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Cityremainsan ?obligated person? with respect to the Certificateswithin the meaning of the Rule, except that the Cityin any event will give notice of any deposit that causes the Certificatesto be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City -41- 57274492.3 undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City?s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Citydoes not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITYBE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATEOR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PARTFROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO ANACTION FOR MANDAMUSOR SPECIFIC PERFORMANCE. No default by the Cityin observing or performing itsobligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Cityunder federal and state securities laws. The provisions of this Section may be amended by the Cityfrom time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1)the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2)either (a)the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b)a person that is unaffiliated with the City(such as nationally recognized bondcounsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The Citymay alsorepeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the Cityalso may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the Cityso amendsthe provisions of this Section, the Cityshall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. -42- 57274492.3 E.Information Format ?Incorporation by Reference. The Cityinformation required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 45.Book-Entry Only System. It is intended that the Certificates will initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Certificates shall be issued (following cancellation of the Initial Certificates described in Section 7) in the form of a separate single definitive Certificate. Upon issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, includingthe Letter of Representationsattached hereto as ExhibitD (the Representation Letter). With respect to the Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Certificates from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Certificates, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Certificate, of any amount with respect to principal of, premium, if any, or interest on the Certificates. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificateevidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in -43- 57274492.3 this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word ?Cede & Co.? in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c)DTC or the City determines that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates shall no longer be restricted tobeing registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository?s agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nomineeof DTC, all payments with respect to principal of, premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46.Further Procedures.The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Certificates, the Purchase Contract,the Paying Agent/Registrar Agreement, and the Official Statement. In addition, prior to the initial deliveryof the Certificates, the Mayor, the Mayor Pro Tem, or the City Manager and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Texas Attorney General?s office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47.Contracts with Financial Advisor and/or Bond Counsel. The City Council authorizes the Mayorand/or the City Manager, or their designees, to take all actions necessary to execute any necessary financial advisory contracts with Southwest Securities, Inc., as the financial advisor to the City(the Financial Advisor). The Cityunderstands that under applicable federal securities laws and regulations that the Citymust have a contractual arrangement with its Financial Advisor relating to the sale, issuance, and delivery of the Certificates. In addition, the -44- 57274492.3 City Councilalso authorizes the Mayorand/or the City Manager, or their designees, to take all actions necessary to execute any necessary engagement agreement with Fulbright& JaworskiLLP, as the Bond Counsel to the City. SECTION 48.Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance 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. [The remainder of this page intentionally left blank.] -45- 57274492.3 th PASSED, APPROVED,AND ADOPTED on the 10day ofSeptember,2013. CITY OF SCHERTZ, TEXAS ____________________________________ Mayor ATTEST: ____________________________________ City Secretary (CITY SEAL) S-1 57274492.3 INDEX TO EXHIBITS Exhibit A....................................................................Paying Agent/Registrar Agreement ExhibitB....................................................................Bond Sale Documentation Exhibit C....................................................................Description of Annual Financial Information Exhibit D....................................................................DTC Letter of Representations S-1 57274492.3 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT See Tab No.__ A-1 57274492.3 EXHIBIT B BOND SALE DOCUMENTATION See Tab No.__ B-1 57274492.3 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. AnnualFinancial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1)The quantitative financial information and operating data of the City of the general type included in Table 1 of the Official Statement and in Tables1 through 13of AppendixA to the Official Statement. (2)The City?s audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City attached to the Official Statement as AppendixD, but for the most recently concluded fiscal year. Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. C-1 57274492.3 EXHIBIT D DTC LETTER OF REPRESENTATIONS See Tab No. __ D-1 57274492.3 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Finance Subject: Ordinance No. 13-B-39 GO Bond Refunding (First and Final Reading) BACKGROUND On July 30, 2013 the City?s financial advisor was authorized to proceed with a sale of $5,000,000 th Certificates of Obligation to be sold on September 10. At that meeting they also discussed the possibility of Refunding the City?s currently outstanding Series 2005 CO?s with interest rates ranging from 4.00%-4.35% to be sold a the same time as long as it will save the City money without extending the length of the outstanding debt. FISCAL IMPACT After taking into account all costs of issuance associated with the Refunding, the City will save approximately $100,000 over the life of the bonds. City Staff and the financial advisor will receive interest rate bids prior to the Council meeting. The final results will be presented at the City Council meeting. RECOMMENDATION The City Staff recommends approval of Ordinance 13-B-39 first and final ATTACHMENT Ordinance No. 13-B-39 50359789.1 DRAFT 8/28/13 ORDINANCE NO.: 13-B-39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF ?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES2013?, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDSINCLUDING THE APPROVAL AND DISTRIBUTION OFA PURCHASEAND INVESTMENT LETTERPERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN ESCROWAND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILEWITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY?S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of$2,070,000being the obligationsset forth on ScheduleI hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $2,165,000in general obligation refunding bonds the proceeds of which will be utilized to provide for the (i)refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended,Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose and may not be included in or 57279482.2 considered to be an indebtedness of the City for the purpose ofa limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, Wells Fargo Bank, National Association, Minneapolis, Minnesota currently serves as the paying agent for the Refunded Obligations; and WHEREAS, Wells Fargo Bank, National Association, Minneapolis, Minnesota (which is not the depository bank of the City) is hereby appointed as the Escrow Agent (hereinafter defined) and Paying Agent/Registrar(hereafter defined) for the general obligation refunding bonds; and WHEREAS, ___________________________________________ is hereby appointed as Paying Agent/Registrar (hereafter defined) for the general obligation refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty(20) years from the date of thegeneral obligationrefunding bonds herein authorized and being issued to restructure the City?s debt service and associated tax rates in the coming years,and such refunding will result in a net present value savingsof $____________and a gross savingsof $____________, including the City?s contribution of $____________; and WHEREAS, the City Council hereby finds and determines that the issuance of the general obligation refunding bonds for the purpose of refunding the Refunded Obligations is in the best interests of the residentsof the City, now, therefore, BE IT ORDAINED BYTHE CITYCOUNCILOFSCHERTZ, TEXASTHAT: SECTION 1.Authorization -Designation -Principal Amount -Purpose. General obligation refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of _________________________________________THOUSAND AND NO/100DOLLARS ($_________), to be designated and bear the title of ?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013? (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii)payment of the costs of issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapter 1207, as amended, Texas Government Code, an ordinance adopted by the City Council on September 10,2013, and the City?s Home Rule Charter. SECTION 2.Fully Registered Obligations -Authorized Denominations -Stated Maturities -Interest Rates ?Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated September 1, 2013(the DatedDate), and shall be generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, and the Bonds shall be lettered ?R? and numbered consecutively from One (1) upward, and principal shall become due and payable on February 1in each of the yearsand in principal amounts (the StatedMaturities) and bear interest on the unpaid principal amounts from the ClosingDate (hereinafter defined), or from the most recent Interest Payment Date (hereinafter defined)to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: 2- - 57279482.2 Years ofPrincipalInterest Stated MaturityAmounts ($)Rates (%) 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 The Bonds shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date(hereinafter defined) to which interest has beenpaid or duly provided for, tothe earlier of redemption or Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 1and August 1in each year, commencing February 1, 2014(the Interest Payment Date), while the Bonds are Outstanding. SECTION 3.Payment of Bonds -Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds,due and payable by reason of Stated Maturity, redemption,or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of _____________________________________(the Paying Agent/Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as ExhibitA hereto, and such reasonablerules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be(i)a national or state banking institution or(ii)an association or a corporation organized and doing business under the laws of the United States of America or of 3- - 57279482.2 any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holderor Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i)on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii)on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption or at the Bonds? Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treatthe Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office(provided, however, with respect to principal payments prior to the final Stated Maturity, the Bonds need not besurrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii)by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder?s risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interestpayment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date-which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each 4- - 57279482.2 Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4.Redemption. A.Optional Redemption. The Bonds having Stated Maturities on and after February1, 2024shall be subject to redemption prior to Stated Maturity, at the option of the City, on February 1, 2023, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. B.Exercise of Redemption Option. At least forty-five(45) days prior to a date set for the redemption of Bonds (unlessa shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. C.Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. D.Notice of Redemption. Not less than thirty(30) days prior to a redemption date for theBonds, notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City?s expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whetherreceived by the Holder. All notices of redemption shall (i)specify the date of redemption for the Bonds,(ii)identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv)state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyerand The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). 5- - 57279482.2 If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. E.Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required(1)to transfer or exchange any Bond during a period beginning forty-five(45) days prior to the date fixed for redemption of the Bonds or(2)to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall notbe applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5.Execution -Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers(hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6.Registration -Transfer -Exchange of Bonds -Predecessor Bonds.The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized 6- - 57279482.2 denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the PayingAgent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bondssurrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shallinclude any Bond registered and delivered pursuant to Section17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7.Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $__________with principal installments to become due and payable as provided in Section2 hereof and numbered T-1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered ?R? and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 7- - 57279482.2 SECTION 8.Forms. A.Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds asevidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 8- - 57279482.2 B.Form of Definitive Bond. REGISTEREDREGISTERED NO. _______PRINCIPAL AMOUNT $_____________ United States ofAmerica State of Texas Counties of Bexar, Comal, and Guadalupe CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2013 Dated Date:Interest Rate:Stated Maturity:CUSIP NO: September 1, 2013 REGISTERED OWNER:_________________________________________________________ PRINCIPAL AMOUNT:_________________________________________________________ The City of Schertz, Texas (the City), a body corporate and a municipal corporation in the Counties of Bexar,Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date or from the most recent interest payment date to which interest has beenpaid or duly provided for, until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed onthe basis of a 360-day year of twelve30-day months; such interest being payable on February 1and August 1of each year, commencing February 1, 2014. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof(provided, however, with respect to principal payments prior to the final Stated Maturity, the Bonds need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the 9- - 57279482.2 Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder?s risk and expense. This Bond is one of the series specified in its title issued in the aggregate principal amount of $_________(the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds, under and in strict conformity with the laws of theState of Texas, including Chapter 1207, as amended, Texas Government Code, and the City?s Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on and after February 1, 2024 may be redeemed prior to their Stated Maturities, at the option of the City, on February 1, 2023, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty(30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first-class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000, or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five(45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or 10- - 57279482.2 supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity,of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register(i)on the Record Date as the owner hereof for purposes of receiving payment of interest hereon,(ii)on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principalhereof at its Stated Maturityor its redemption, in whole or in part,and(iii)on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date- which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 11- - 57279482.2 IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF SCHERTZ,TEXAS _______________________________________ Mayor ATTEST: ____________________________________ City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 12- - 57279482.2 C.*Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS§ §REGISTER NO. THE STATE OF TEXAS§ I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this . ____________________________________ Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D.Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within-mentioned Ordinance; the Bond or Bonds of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date:_____________________________________, as Paying Agent/Registrar ____________________________________By: _______________________________ Authorized Signature 13- - 57279482.2 E.Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address,and zip code of transferee):____________________________ ______________________________________________________________________________ (Social Security or other identifying number): ________________________________________ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED:____________________________ ________________________________________________ NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: ____________________________________ F.The Initial Bonds shall be in the respective forms set forth in paragraphB of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i)immediately under the name of the Bond(s) the headings ?Interest Rate? and ?Stated Maturity? shall both be completed ?as shown below?; (ii)the first two paragraphs shall read as follows: Registered Owner:______________________________________________________________ Principal Amount:_______________________________________________________________ The City of Schertz, Texas (the City), a body corporate and municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registeredassigns thereof, the Principal Amount specified above on the first day of February in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 14- - 57279482.2 Years ofPrincipalInterest Stated MaturityAmounts ($)Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date(anticipated to beOctober 10, 2013), or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable onFebruary 1and August 1of each year, commencing February 1, 2014. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturityor prior redemption, while Outstanding, at the corporate trust office of _____________________________________(the Paying Agent/Registrar)(provided, however, with respect to principal payments prior to the final Stated Maturity, the Bonds need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 15- - 57279482.2 G.Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9.Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires:(i)the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular;(ii)all references in this Ordinance to designated ?Sections? and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and(iii)the words ?herein?, ?hereof?, and ?hereunder? and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A.The term Authorized Officialsshall mean the Mayor, Mayor Pro Tem, City Manager,and/or City Secretary. B.The term Bond Fundshall mean the special fund created and established by the provisions of Section10 of this Ordinance. C.The term Bondsshall mean the $_________?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013? authorized by this Ordinance. D.The term Cityshall mean City of Schertz, located in the Counties of Bexar, Comal, and Guadalupe, Texas and, where appropriate, the City Council ofthe City. E.The term ClosingDateshall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F.The term Debt Service Requirementsshall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G.The term Depositoryshall mean an official depository bank of the City. H.The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a 16- - 57279482.2 nationally recognized investment rating firm not less than AAA or its equivalent; (iii)noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I.The term Holderor Holdersshall mean the registered owner, whose name appears in the Security Register, for any Bond. J.The term Interest Payment Dateshall mean the date interest is payable on the Bonds, being February 1and August 1of each year, commencing February 1, 2014, while any of the Bonds remain Outstanding. K.The term Ordinanceshall mean this ordinance adopted by the City Council of the City on September 10,2013. L.The term Outstandingwhen used in this Ordinance withrespect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1)those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2)those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section23 of this Ordinance; and (3)those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof asprovided in Section17 of this Ordinance. M.The term Purchasersshall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N.The term Stated Maturityshall mean the annual principal payments of the Bonds payable on February 1of each year, as set forth in Section2 of this Ordinance. SECTION 10.Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special fund to be designated ?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013INTEREST AND SINKING FUND? (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be 17- - 57279482.2 transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United Statesof America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such amanner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11.Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being(i)the interest on the Bonds and(ii)a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars? valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12.Deposits to Bond Fund;Surplus Bond Proceeds. The City hereby covenants and agrees tocause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of 18- - 57279482.2 interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligations, after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 13.Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 14.Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City(a)defaults in the payments to be made to the Bond Fund or(b)defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein providedshall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15.Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 19- - 57279482.2 SECTION 16.Cancellation. AllBonds surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17.Mutilated, Destroyed, Lost, and Stolen Bonds. If(1)any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and(2)there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney?s fees and the fees and expenses of thePaying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18.Sale of Bonds ?Authorization of Purchase Contract Approval. The Bonds authorized by this Ordinance are hereby sold to _____________________________________ (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase and Investment Letter datedSeptember 10,2013(the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of _____________________________________.The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. 20- - 57279482.2 Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. SECTION 19.Escrow AgreementApproval and Execution; Proceeds of Sale; Contribution by City. The Escrow and Trust Agreementdated as of September 10,2013to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City andWells Fargo Bank, National Association, Minneapolis, Minnesota (the Escrow Agent), attached hereto as ExhibitC and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approvedas to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor, Mayor Pro Tem, and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, anyAuthorized Official, or any one or more of said officials, and Bond Counsel in cooperation with the Escrow Agent are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the ?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES2013ESCROW FUND? (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the ?United States Treasury Securities-State and Local Government Series?, if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest, if any, received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the Mayor or City Manager. SECTION 20.Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the dateof redemption. The Mayor shall give written notice to the paying agent/registrar for the Refunded Obligations and the 21- - 57279482.2 Escrow Agent that the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the dateset forth on ScheduleI attached to this Ordinance, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. Acopyof the noticeof redemption pertaining to the Refunded Obligations isattached to this Ordinance as ExhibitD and is incorporated herein by reference for all purposes. The paying agentfor the Refunded Obligationsis authorized and instructed to provide notice of this redemptionto the holders of the Refunded Obligations in the form and manner described in theordinanceauthorizing the issuance of the Refunded Obligations. SECTION 21.Covenants to Maintain Tax-Exempt Status. A.Definitions. When used in this Section, the following terms have the following meanings: Certificatesmeansthe $5,000,000 ?CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013? authorized by this Ordinance. Closing Datemeansthe date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Codemeans the Internal Revenue Code of1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Datehas the meaning set forth in Section1.148-1(b) of the Regulations. Gross Proceedsmeans any proceeds as defined in Section1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section1.148-1(c) of the Regulations, of the Bonds. Investmenthas the meaning set forth in Section1.148-1(b) of the Regulations. Nonpurpose Investmentmeans any investment property, as defined in section148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquiredto carry out the governmental purposes of the Bonds. Rebate Amounthas the meaning set forth in Section1.148-1(b) of the Regulations. Regulationsmeans any proposed, temporary, or final Income Tax Regulations issued pursuant to sections103 and141 through150 of the Code, and 103 of the Internal Revenue Code of1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 22- - 57279482.2 Yieldof (1)any Investment has the meaning set forth in Section1.148-5 of the Regulations; and (2)the Bonds means the combined yield on the Bonds and the Certificates, treating them as a single issue and as calculated pursuant to Section 1.148-4 of the Regulations. B.Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C.No Private Use or Private Payments. Except to the extent that itwill not cause the Bonds to become ?private activity bonds? within the meaning of section141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1)exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any personor entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unlesssuch use is solely as a member of the general public; and (2)not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D.No Private Loan.Except to the extent that it will not cause the Bonds to become ?private activity bonds? within the meaning of section141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing 23- - 57279482.2 covenant, such Gross Proceeds are considered to be ?loaned? to a person or entity if: (1)property acquired, constructed or improved with such Gross Proceeds issold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2)capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3)indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E.Notto Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become ?arbitrage bonds? within the meaning of section148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield ofthe Bonds. F.Not Federally Guaranteed. Except to the extent permitted by section149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed withinthe meaning of section149(b) of the Code and the Regulations and rulings thereunder. G.Information Report. The City shall timely file the information required by section149(e) of the Code with the Secretary of the Treasury on Form8038-G or such other form and in such place as the Secretary may prescribe. H.Rebate of Arbitrage Profits. Except to the extent otherwise provided in section148(f) of the Code and the Regulations and rulings thereunder: (1)The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2)Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3)As additional consideration for the purchase of the Bonds by the Purchasers and the loan ofthe money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to 24- - 57279482.2 the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals(i)in the case of a Final Computation Date as defined in Section1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and(ii)in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section148(f) of the Code and the Regulations and rulings thereunder. (4)The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs(2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section1.148-3(h) of the Regulations. I.Not to Divert Arbitrage Profits.Except to the extent permitted by section148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to SubsectionH of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm?s length and had the Yield of the Bonds not been relevant to either party. J.Bonds Not Hedge Bonds. (1)At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2)Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K.Qualified Advance Refunding. The Bonds are issued, in part, to refund the Refunded Obligations, and certain proceeds thereof will be used more than 90 days before the redemption of such Refunded Obligations. The City represents as follows: (1)The Bonds are the ?first advance refunding? of any original bonds issued after 1985 and are the ?first or second advance refunding? of anyoriginal bonds issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2)The Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Refunded Obligations issued after 1985, not later than the earliest date on which such bonds may be redeemed and on which the City will realize 25- - 57279482.2 present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds; and (ii)in the case of Refunded Obligations issued before 1986, not later than the earliest date on which such issue may be redeemed at par or at a premium of 3 percent or less and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds. (3)The initial temporary period under section 148(c) of the Code will end: (i)with respect to the proceeds of the Bonds used to refund the Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii)with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4)On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Refunded Obligations. (5)The Bonds are being issued for the purposes stated in the preamble of this Ordinance.There is a present value savings associated with the refunding. In the issuance of the Bonds the Cityhas: (i)neither issued more bonds, nor issued bonds earlier, andwill not allow bonds to remain outstanding longer, than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii)not employed an ?abusive arbitrage device? within the meaning of Section 1.148-10(a) of the Regulations; and (iii)not employed a ?device? to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. L.Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, and City Secretary, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such electionsshall be deemed to be made on the Closing Date. M.Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as qualified tax-exempt obligationsfor purposes of section 265(b) of the Code. In furtherance of such designation, the City represents, covenants and warrants the following: (a) during the calendar year in which the Bonds are issued, the City (including any subordinate entities) has not designated nor will designate obligations, which when aggregated with the Bonds, will result in more than $10,000,000 of ?qualified tax-exempt obligations? being issued; (b) the City reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year 2013by the City (including any subordinate entities) will not exceed $10,000,000; and (c) the City will take such action or refrain from such action as is necessary in order that the Bonds will not be considered ?private activity bonds? within the meaning of section 141 of the Code. SECTION 22.Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the 26- - 57279482.2 Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Officialor all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City?s financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23.Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance,then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Bonds or the principal amount(s) thereof on or prior toStated Maturity, or to the redemption date therefor, togetherwith all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or(ii)Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds,or the principal amount(s) thereof, at the Stated Maturity thereofor (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any),and interest due on any defeased Bonds. The Citycovenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section148 of the Code (as defined in Section21hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturityof the Bonds, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. 27- - 57279482.2 Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of theexercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24.PrintedOpinion. The Purchasers? obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright& Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds.Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25.CUSIPNumbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neitherthe City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26.Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27.Ordinance a Contract; Amendments -Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof,or the rate of interest thereon, orin any other way modify the terms of payment of the principalof,the redemptionprice therefor, or interest on the Bonds,(2)give any preference to any Bond over any other Bond, or(3)reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. 28- - 57279482.2 SECTION 28.Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders,any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29.Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions ofthis Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 30.Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 31.Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32.Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33.Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 34.Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35.Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter551, as amended, Texas Government Code. SECTION 36.Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall 29- - 57279482.2 most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37.No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38.Continuing Disclosure Undertaking. A.Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rulemeans SEC Rule 15c2-12, as amended from time to time. SECmeans the United States Securities and Exchange Commission. The Bonds are being sold pursuant to a private placement with the Purchasers, in denominations of generally $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore the Rule is not applicable to the offering of the Bonds. Accordingly, no contract to provide continuing disclosure information after the issuance of the Bonds has been made by the City with investors. SECTION 39.Book-Entry Only System. The Bonds may initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownershipof each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit E(the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any 30- - 57279482.2 notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive abond certificateevidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word ?Cede & Co.? in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c)DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository?s agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered inthe name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40.Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under thecorporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Agreement. In addition, prior to the initial delivery of the Bonds, any Authorized Officialand Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General?s office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 31- - 57279482.2 SECTION 41.Contracts with Financial Advisor and/or Bond Counsel. The City Council authorizes the Mayorand/or the City Manager, or their designees, to take all actions necessary to execute any necessary financial advisory contracts with Southwest Securities, Inc., as the financial advisor to the City(the Financial Advisor). The Cityunderstands that under applicable federal securities laws and regulations that the Citymust have a contractual arrangement with its Financial Advisor relating to the sale, issuance, and delivery of the Bonds. In addition, the City Councilalso authorizes the Mayorand/or the City Manager, or their designees, to take all actions necessary to execute any necessary engagement agreement with Fulbright & Jaworski LLP, as the Bond Counsel to the City. SECTION 42.Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance 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. [The remainder of this page intentionally left blank.] 32- - 57279482.2 th PASSED, APPROVED AND ADOPTED on the 10day ofSeptember,2013. CITY OF SCHERTZ, TEXAS __________________________________________ Mayor ATTEST: City Secretary (CITY SEAL) S-1 57279482.2 INDEX TO SCHEDULE AND EXHIBITS Schedule I...................................................................Table of Refunded Obligations Exhibit A....................................................................Paying Agent/Registrar Agreement Exhibit B....................................................................Purchase and Investment Letter Exhibit C....................................................................Escrow and Trust Agreement Exhibit D....................................................................Notice of Redemption Exhibit E....................................................................DTC Letter of Representations Index 57279482.2 Schedule I Refunded Obligations City of Schertz, Texas Combination Tax and Subordinate Lien Revenue Certificates of Obligation, Series 2005, dated May 1, 2005, in the original principal amount of $3,200,000stated to mature on February 1in each of the years 2015, 2017through 2021, and February 1, 2025,in the aggregate principal amount of $2,070,000, to be redeemed onFebruary 1, 2014. Schedule I-1 57279482.2 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. ___ A-1 57279482.2 EXHIBIT B Purchase and Investment Letter See Tab No. ___ B-1 57279482.2 EXHIBIT C Escrow and Trust Agreement See Tab No. ___ C-1 57279482.2 EXHIBIT D Noticeof Redemption See Tab No. ___ D-1 57279482.2 EXHIBIT E DTC Letter of Representations See Tab No. ___ E-1 57279482.2 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department:Public Works / Engineering Subject: Ordinance No.13-D-40- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86-118 Maximum Limits in School Zones associated with Clemens High School and declaring an emergency. First and Final Reading. BACKGROUND In discussions with SCUCISD, some concerns were raised about the times the school speed zones are active on Aero Avenue, Elbel Road, Mitchell Avenue, Schertz Parkway and Westchester Drive due to additions to the Samuel Clemens High School lunch periods. Currently, these school zones are active from 7 a.m. to 9 a.m., 11:30 a.m. to 1:30 p.m., and 2:30 p.m. to 4:30 p.m. The revised lunch schedule is divided into four separate periods ranging from 10:35 a.m. to 2:10 p.m. To accommodate the revised lunch schedule and the early and late arrivals of students during open campus lunch, these school speed zones need to be active Monday through Friday, 7 a.m. to 4:30 p.m. Staff recommends approval to amend Section 86-118, Maximum limits in school zones, of the Code of Ordinances to add a note referencing the different school zone time and modifying the associated table to designate the school zones for: Aero Avenue from Schertz Parkway to 215 feet east of Schertz Parkway, (while this has been posted as a school zone it was not listed in the chart) for Mitchell from Schertz Parkway to 215 feet east of Schertz Parkway, (while this has been posted as a school zone it was not listed in the chart) for Elbel Road from Schertz Parkway to 150 feet east of the drainage ditch, for Westchester from Elbel Road to 776 feet south of Elbel Road, for Schertz Parkway from 700 feet south of Elbel Road to 150 feet north of Buffalo Drive, and to eliminate specific reference to a school zone for Schertz Parkway from Aero Street to 150 feet north of Buffalo Drive as it is duplicative of a portion of the above school zone to note the school zone applies between of 7:00 a.m. to 4:30 p.m. The new school year has already begun and the new revised lunch schedule is in place. The Traffic Safety Advisory Commission unanimously approved this change at the September 5, 2013 meeting. City Council Memorandum Page 2 Goal To ensure that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel. Community Benefit By working cooperatively with the Schertz-Cibolo-Universal City ISD, the City and the ISD can promote safety for students traveling on city-owned streets. Summary of Recommended Action Recommend approval on first and final reading to allow for enforcement of the new school zone speed limits. FISCAL IMPACT $200.00 for the new speed limit signs paid out of FY 2012-13 approved budget, account number 101-359-551600, Street Maintenance. RECOMMENDATION Staff recommends approval of Ordinance 13-D-40 on the first reading and final reading. ATTACHMENT(S) Ordinance 13-D-40 Map Showing Changes ORDINANCE NO. 13-D-40 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-118, MAXIMUM LIMITS IN SCHOOL ZONES FOR AERO AVENUE FROM SCHERTZ PARKWAY TO 215 FEET EAST OF SCHERTZ PARKWAY, FOR MITCHELL AVENUE FROM SCHERTZ PARKWAY TO 215 FEET EAST OF SCHERTZ PARKWAY, ELBEL ROAD FROM SCHERTZ PARKWAY TO 150 FEET EAST OF THE DRAINAGE DITCH , FOR WESTCHESTER FROM ELBEL ROAD TO 776 FEET SOUTH OF ELBEL ROAD, FOR SCHERTZ PARKWAY FROM 700 FEET SOUTH OF ELBEL ROAD TO 150 FEET NORTH OF BUFFALO DRIVE, AND FOR SCHERTZ PARKWAY FROM AERO STREET TO 150 FEET NORTH OF BUFFALO DRIVE AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, it has been established that specific speed limits and time for particular school zones in the City of Schertz have been adopted under Section 86-118 Maximum limits in school zones of the City Code of Ordinance. WHEREAS, it is recommended to change the specific hours of the school zone for Aero Avenue from Schertz Parkway to 215 feet east of Schertz Parkway, for Mitchell from Schertz Parkway to 215 feet east of Schertz Parkway, for Elbel Road from Schertz Parkway to 150 feet east of the drainage ditch, for Westchester from Elbel Road to 776 feet south of Elbel Road, for Schertz Parkway from 700 feet south of Elbel Road to 150 feet north of Buffalo Drive, and to eliminate specific reference to a school zone for Schertz Parkway from Aero Street to 150 feet north of Buffalo Drive as it is already designated as a school zone in the City Code of Ordinances under Section 86-118 Maximum limits in school zones. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86-118 Maximum Limits in School Zonesof the Code of Ordinances, on roadways maintained by theCity of Schertz, Texas be amended as follows: It shall be unlawful for any person to drive or operate any motor vehicle at a rate of speed in excess of that which is posted within a school speed zone, the limits of which shall be designated by school speed limit signs, on any day of any regular or any special or summer school term, between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 2:30 p.m. and 4:30 p.m., or as specifically referenced in the table below, or between any other designated and posted hours. City Council Memorandum Page 2 StreetExtentSpeed Limit (MPH) Aero Avenue From Schertz Parkway to 215 feet east of Schertz Parkway from 7:00 a.m. to 20 4:30 p.m. Curtiss Avenue From 150 feet east of Pfeil Street to 150 feet west of Randolph Boulevard. All 15 day school zone. From Beacon Avenue to FM 1518 during the posted hours Elbel Road From Schertz Parkway to 150 feet east of the drainage ditch from 7:00 a.m. to20 4:30 p.m. Fairlawn Avenue From Wiederstein Road to Mineral Springs 20 Farm Market Between the posted school signs when the lights are flashing 20 Road 1518 FM 1518 TxDOT mile marker 3.085 to TxDOT mile marker 3.331 35 From 130 feet east of Oak Street to 290 feet east of Curtiss Avenue when the lights are flashing City Council Memorandum Page 3 Green Valley 130 feet Southwest from Greenshire, to 600 feet Northeast from Greenshire, 20 Road300 feet Southeast from Misty Hollow to 270 feet Northeast from Wynn Brook during posted hours Inglewood3500 block, between the posted school signs during the posted hours 20 Mitchell Avenue From Schertz Parkway to 215 feet east of Schertz Parkway from 7:00 a.m. to 20 4:30 p.m. Old Wiederstein 300 feet Northeast of Fairlawn Avenue to 300 feet Southwest of school 20 Roadproperty Pfeil Street Between the posted school signs, all day 15 Randolph150 feet South of Brooks Ave to 76 feet North of Exchange Avenue 20 Avenue Savannah Drive 800 block, between the posted school signs during the posted hours 20 1050 feet Southwest from Schertz Parkway, to 75 feet Northeast of Davenport 20 from Schertz Parkway, during posted hours Schertz Parkway From Ashley Park, north on Schertz Parkway, to 300 feet north of Savannah 20 Drive City Council Memorandum Page 4 142 feet from Ashley Place Drive north to 205 feet north of Savannah Drive 20 during posted hours From 700 feet South of Elbel Road to 150 feet North of Buffalo Drive from 7:0020 a.m. to 4:30 p.m. Westchester20 DriveWestchester Drive be considered school zone beginning approximately 776 feet South of Elbel Road from 7:00 a.m. to 4:30 p.m. Winburn Ave From Randolph east to dead end 20 Wright Avenue From Oak Street to Beacon Avenue 15 Wright Avenue From Randolph east to dead end 20 Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. City Council Memorandum Page 5 Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED, APPROVED AND ADOPTEDON THE FIRST AND FINAL READING the 10 day of September, 2013. ___________________________________ Mayor, Michael R. Carpenter ATTEST: ______________________________ City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Police Subject:Ordinance No. 13-D-41 ? Prohibiting the use of Engine Brakes BACKGROUND Goal To establish a prohibition on the use of engine brakes along the streets and highways adjacent to the residential areas of the city except on the interstate highway or in emergency situations. Community Benefit The use of engine brakes creates a disturbing, unreasonable and offensive noise when it occurs in or adjacent to residential areas. This ordinance would prohibit the use of engine brakes through appropriate signage and enforcement activities when needed. The ordinance would allow for the use of engine brakes upon the interstate or anywhere in an emergency situation. Summary of Recommended Action Staff recommends that Council approve Ordinance 13-D-41 to prohibit the use of engine brakes upon the highways and streets within the city limits, except upon the interstate or in an emergency. FISCAL IMPACT The fiscal impact would be in the creation and placement of signs notifying motorists of the passage of this section. It is believed that less than a dozen signs should provide appropriate notice. At approximately $157 per sign, 10 signs would be under $1600. RECOMMENDATION The recommendation is to approve Ordinance 13-D-41 on first reading. ATTACHMENT(S) Ordinance 13-D-41 ORDINANCE NO. 13-D-41 AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, AS AMENDED, BY ADDING SECTION 86-63, PROHIBITING THE USE OF ENGINE BRAKES ON ANY STREETS OR HIGHWAYS WITHIN THE CITY, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz (?City Council?) seeks to protect the public safety, preserve the quality of life, and prevent nuisances in the City of Schertz (?City?); and WHEREAS, the City Council finds that the practice of engine breaking by diesel trucks creates disturbing, unreasonable, and offensive noise when it occurs within the City limits; and WHEREAS, pursuant to Chapter 51 of the Texas Local Government Code, the City Council has the general authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality and is necessary or proper for the carrying out of a power granted by law to the municipality; and WHEREAS, it is advisable to amend Chapter 86 of the Schertz Code of Ordinances to add new regulations regarding engine breaking; and WHEREAS, the City Council finds this Ordinance to be reasonable and necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 86 of the Schertz Code of Ordinances is hereby amended herein by adding Section 86-63 ?Engine Braking Prohibited? to Article II, to read as follows: Sec. 86-63 - Engine Braking . (a)Use of Engine Brakes Prohibited. No person may use an engine braking system while operating a motor vehicle within the corporate limits of the City of Schertz, except on an interstate highway, or in an emergency situation. (b)Engine Braking System Defined. For the purpose of this section, the term ?engine braking system? shall mean an engine-exhaust braking system device which converts diesel-engine power into an air compressor and when engaged, operates to slow the vehicle and creates an excessive, loud, unusual, explosive, or otherwise unreasonable noise. (c)Emergency Situation Defined. For purpose of this section, the term ?emergency situation? shall mean a situation in which there is imminent danger of collision with property, persons, or animals. (d)Authorized Emergency Vehicles Exempt. Authorized emergency vehicles, as defined by Section 541.201 of the Texas Transportation Code, shall be exempt from this section. (e)Notice. Notice of this section shall be posted at such necessary and appropriate locations, as determined by the City, by an appropriate sign notifying motorists of the passage of this section. (b)Offense. It shall be unlawful and an offense for any person to violate or fail to comply with any provisions hereof. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00). Each day that a provision of this ordinance is violated shall constitute a separate offense. An offense under this ordinance is a misdemeanor. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. - 2 - 50664394.3 th PASSED ON FIRST READING, the 10 day of September, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 3 - 50664394.3 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: September 10, 2013 Department: Development Services Resolution No. 13-R-66 ? Consider Subject: ation and/or action approving a Resolution authorizing a definitive Interlocal Agreement with Schertz-Cibolo-Universal City Independent School District (SCUCISD) regarding the Natatorium provided the City and SCUCISD are able to reach a final agreement on specific terms. (B. James/K. Tapley) BACKGROUND: For some time, City staff has been working with the Schertz-Cibolo-Universal City Independent School District (SCUCISD) about partnering on the future Schertz Natatorium. Last week a subcommittee of Council members and SCUCISD Board members along with staff of both organizations met to discuss the agreement. In November 2010, residents of Schertz approved general obligation bonds in the amount of $6,625,000 to construct a new playscape and construct an aquatic facility of competition quality. In an attempt to maximize the benefit to our residents, discussions began with SCUCISD about partnering on the facility. Given that SCUCISD does not currently have a pool facility, the Schertz Natatorium could be used by their high school swim teams. Prior to incurring additional costs associated with design, staff is seeking Council approval of a resolution authorizing the City to enter into an interlocal agreement with SCUCISD. The resolution indicates SCUCISD would contribute $1,650,000 to the project in order for the facility to be suitable for SCUCISD use. SCUCISD in exchange would be given a fifteen year rent free lease. City Staff will continue to work with SCUCISD to finalize specific terms of the lease and identify the specific improvements to be made to the facility. The definitive agreement must be brought back to City Council for approval once these terms have been finalized. FISCAL IMPACT With approval of this Resolution, the City can anticipate an additional $1,650,000 for the natatorium project, provided specific terms can be agreed upon. The City would be obligated per those terms to provide improvements to the facility so as to ensure the facility is suitable for use by the SCUCISD and provide the SCUCISD with 15 years use of the facility rent free. As the project proceeds and construction and operating costs are refined, staff may recommend reserving a portion of these funds to cover operating and maintenance costs during that term. The agreement allows the City to leverage its investment in the project for an additional $1.65 million from the school district. RECOMMENDATION City Council Memorandum Page 2 Approval of Resolution No. 13-R-66 ATTACHMENTS Resolution No. 13-R-66 Memo-Resolution.doc RESOLUTION NO. 13-R-66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEFINITIVE INTERLOCAL AGREEMENT WITH SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR A FIFTEEN YEAR RENT FREE LEASE (FOR A SPECIFIED AMOUNT OF USAGE) OF THE FACILITY TO SCUCISD, PROVIDED THAT THE CITY AND SCUCISD ARE ABLE TO REACH FINAL AGREEMENT ON (1) THE SPECIFIC TERMS OF THE LEASE INCLUDING THE NUMBER OF HOURS AND USAGE ALLOWED AND (2) THE SPECIFIC IMPROVEMENTS THAT THE CITY WILL MAKE TO THE NATATORIUM FACILITY IN ORDER FOR THE FACILITY TO BE SUITABLE FOR USE BY SCUCISD?S SWIM TEAMS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the ?City?) desires to construct a natatorium (the ?Natatorium?) for use by residents of the City, which Natatorium will be funded in part from the proceeds of bonds previously authorized by the citizens of the City; and WHEREAS, the Schertz-Cibolo-Universal City Independent School District (?SCUCISD?) desires to have access to the Natatorium for use by the SCUCISD swim teams; and WHEREAS, constructing the Natatorium in such a way that it will be suitable for use by the SCUCISD swim teams will result in additional costs to the City; and WHEREAS, SCUCISD desires to contribute $1,650,000.00 to the City for the construction, maintenance, and operation of the Natatorium in exchange for the facility being constructed in a manner to be suitable for use by SCUCISD?s swim teams and a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD; and WHEREAS, the City and SCUCISD need to continue working together to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD?s swim teams; and WHEREAS, the City staff has recommended that the City enter into a definitive interlocal agreement with SCUCISD regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange for a fifteen year rent free lease (for a specified amount of usage) of the Natatorium to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD?s swim teams; and 1 50665160.1 WHEREAS, the City Council has determined that it is in the best interest of the City to enter into such a definitive interlocal agreement with SCUCISD provided that such terms can be agreed upon by the City and SCUCISD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City will enter into a definitive interlocal agreement with SCUCISD regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD?s swim teams. The definitive interlocal agreement shall be brought back to City Council for final approval once the remaining terms have been finalized. Section 2.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 3.All 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 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.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 6.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, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 2 50665160.1 PASSED AND ADOPTED, this 10th day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 3 50665160.1