18-R-64 - City's Intention to reimburse itselfe ; I Ellonkgrem ; ,, .
WHEREAS, the City Council (the Governing Body) of the City of Schertz, Texas (the
Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully
available funds of the Issuer to finance the costs associated with (i) capital projects to be
undertaken within the Issuer, being those projects indentified in Resolution No. 18 -R -60 adopted
by the Governing Body on May 22, 2018 authorizing publication of the Issuer's intent to issue
certificates of obligation (and including repairs to the City's Pickrell park community swimming
pool and Recreation Center bathroom reconstruction) (the Construction Costs), (ii) the payment
of various engineering costs, including design testing, design engineering, and construction
inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various
architectural costs, including preparation of plans and specifications and various other plans and
drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of
various administrative costs, including the fees of bond counsel, financial advisor, project
manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the
Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs
collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the
Project)]; and
WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code
(Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the
acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project,
may be used to reimburse the Issuer for costs attributable to such project or facilities paid or
incurred before the date of issuance of such obligations; and
WHEREAS, the United States Department of Treasury (the Department) released
Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations
are spent and therefore are no longer subject to various federal income tax restrictions contained
in the Internal Revenue Code of 1986, as amended (the Code); and
WHEREAS, the Issuer intends to reimburse itself, in the anticipated amount of $535,000,
within eighteen months from the later of the date of expenditure or the date the property financed
is placed in service (but in no event more than three years after the original expenditures are paid),
for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax -
exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal
amount of not to exceed $10,890,000 to finance a portion of the costs of the Project; and
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WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the
Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before
making the expenditures; and
WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior
expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial
circumstances; and
WHEREAS, the Governing Body hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the Issuer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable,
official intent under section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself
from certain of the proceeds of the Obligations for any capital expenditures previously incurred
(not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from
the Issuer's General Fund or other lawfully available funds of the Issuer.
SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after
the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior
lawful expenditures with respect to the Project in a manner to comply with the Regulations.
SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital
account (or would be so chargeable with a proper election) under general federal income tax
principles.
SECTION 4. The Issuer intends to otherwise comply, in addition to those matters
addressed within this Resolution, with all the requirements contained in the Regulations.
SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office
of the Attorney General for the State of Texas and establishes compliance by the Issuer with the
requirements of Texas law and the Regulations.
SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the
Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury
Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the
funds corresponding to the proceeds of the Obligations in a manner that results in the creation of
"replacement proceeds ", as defined in Treasury Regulation Section 1.148 -1, of the Obligations or
another issue of tax - exempt obligations.
SECTION 7. 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 Governing Body.
SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
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and the provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
SECTION 9. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 10. 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 Governing
Body hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 11. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 12. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
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PASSED, ADOPTED AND APPROVED on this the 51h day of June, 2018.
ATTEST:
�ty Secretary
(CITY SEAL)
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THE STATE OF TEXAS §
COUNTIES OF BEXAR, COMAL, AND §
GUADALUPE §
CITY OF SCHERTZ §
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 5h day of June, 2018, the City Council (the Council) of the City of Schertz,
Texas (the City) convened in regular session at its regular meeting place in the City Hall (the
Meeting), the duly constituted members of the Council being as follows:
Michael Carpenter
David Scagliola
Mark Davis
Ralph Gutierrez
Scott Larson
Cedric Edwards, Sr.
Angelina Kiser
Bert Crawford
Mayor
Mayor Pro Tem, Place 5
Councilmember, Place I
Councilmember, Place 2
Councilmember, Place 3
Councilmember, Place 4
Councilmember, Place 6
Councilmember, Place 7
and all of such persons were present at the Meeting, except the following:
thus constituting a quorum. Among other business considered at the Meeting, the attached
resolution (the Resolution) entitled:
A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION
TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF
FUNDS RELATING TO CONSTRUCTING VARIOUS CITY
IMPROVEMENTS FROM THE PROCEEDS OF TAX - EXEMPT
OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED
PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED
THERETO; AND PROVIDING AN EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoptio . After p esentation and
discussion of the Resolution, a motion was made by Councilmember M— 5 that the
Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The
motion was seconded by Councilmember `12 C=- and carried by the following vote:
IT voted "For" () voted "Against" CD abstained
all as shown in the official Minutes of the Council for the Meeting.
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2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council of the City on
the date of the Meeting are those persons shown above, and, according to the records of my office,
each member of the Council was given actual notice of the time, place, and purpose of the Meeting
and had actual notice that the Resolution would be considered; and the Meeting and deliberation
of the aforesaid public business, was open to the public and written notice of said meeting,
including the subject of the Resolution, was posted and given in advance thereof in compliance
with the provisions of Chapter 551, as amended, Texas Government Code.
IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the
City, this 5th day of June, 2018.
i Secretary,
City of Schertz, Texas
(CITY SEAL)
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