22-R-54 - Notice of Intention to issue certificates of obligationResolution No: 22 -R -54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION;
COMPLYING WITH THE REQUIREMENTS CONTAINED IN
SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City)
has determined that it is advisable and necessary to issue and sell one or more series of certificates
of obligation (the Certificates) in an amount not to exceed $19,855,000 as provided pursuant to
the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government
Code, Section 271.041 through Section 271.064, 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 street improvements (including utilities repair, replacement, and
relocation), curbs, gutters, and sidewalk improvements, including drainage and traffic safety
signalization and signage incidental thereto; (2) designing, constructing, acquiring, purchasing,
renovating, equipping, enlarging, and improving the City's utility system; (3) the purchase of
materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized
needs and purposes relating to the aforementioned capital improvements; and (4) the payment of
professional services related to the design, construction, project management, and financing of the
aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem
tax, within the limitations prescribed by law, upon all taxable property within the City and from a
lien on and pledge of certain of the revenues derived from the operation of the City's utility system.
The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of
the Certificate of Obligation Act of 1971, as amended, 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; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials of
the City must find to the best of their knowledge and belief, after reasonable investigation, that the
representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt
service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the
82693721.3 -1-
Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
comply with the distribution requirements and continuing disclosure requirements contained in the
Securities and Exchange Commission Rule; and
WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the
City Attorney, as appropriate, or their designees, to review, approve, and execute any document
or certificate in order to allow the City to comply with the requirements contained in the Securities
and Exchange Commission Rule; and
WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish
notice of its intention to issue the Certificates in a newspaper of general circulation in the City,
and if the City maintains an internet website, publish such notice of intent on the City's internet
website, such notice stating (i) the time and place the City Council tentatively proposes to pass the
ordinance authorizing the issuance of the Certificates, (ii) the purposes for which the Certificates
are to be issued, (iii) the manner in which the City Council proposes to pay the Certificates; (iv) the
then - current principal amount of all outstanding ad valorem debt obligations of the City; (v) the
then - current combined principal and interest required to pay all outstanding ad valorem debt
obligations of the City on time and in full, which may be based on the City's expectations relative
to the interest due on any variable rate ad valorem debt obligations; (vi) the maximum principal
amount of the Certificates to be authorized; (vii) the estimated combined principal and interest
required to pay the certificates to be authorized on time and in full; (viii) the estimated interest rate
for the Certificates to be authorized or that the maximum interest rate for the Certificates may not
exceed the maximum legal interest rate; and (ix) the maximum maturity date of the Certificates to
be authorized; and
WHEREAS, the City Council hereby finds and determines that such documents pertaining
to the sale of the Certificates should be approved, and the City should proceed with the giving of
notice of intention to issue the Certificates in the time, form, and manner provided by law;
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$19,855,000 for the purpose of paying contractual obligations of the City to be incurred for making
permanent public improvements and for other public purposes, to: (1) constructing street
improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk
improvements, including drainage and traffic safety signalization and signage incidental thereto;
(2) designing, constructing, acquiring, purchasing, renovating, equipping, enlarging, and
improving the City's utility system; (3) the purchase of materials, supplies, equipment, machinery,
landscaping, land, and rights -of -way for authorized needs and purposes relating to the
aforementioned capital improvements; and (4) the payment of professional services related to the
design, construction, project management, and financing of the aforementioned projects. The
Certificates will be payable from the levy of an annual ad valorem tax, within the limitations
82693721.3 -2-
prescribed by law, upon all taxable property within the City and additionally from a pledge of and
lien on certain revenues derived from the operation of the City's utility system. The notice hereby
approved and authorized to be published shall read substantially in the form and content of Exhibit
A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for
all purposes.
SECTION 2: The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City, once a week for two consecutive weeks,
the date of the first publication shall be at least forty-six (46) days prior to the date stated therein
for passage of the ordinance authorizing the issuance of the Certificates. Additionally, the City
Secretary shall cause the notice described in Section 1 to be posted continuously on the City's
website for at least forty -five (45) days prior to the date stated therein for passage of the ordinance
authorizing the issuance of the Certificates.
SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as
appropriate, or their designees, are authorized to review and approve the Official Statement
pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
certificate in order to comply with the requirements contained in the Securities and Exchange
Commission Rule.
SECTION 4: 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 5: All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
SECTION 6: This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 7: 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 8: 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.
82693721.3 -3-
SECTION 9; This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
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82693721.3 -4-
PASSED AND APPROVED, this the 7th of June, 2022.
CITY OF SCHERTZ, TEXAS
For 0
ATTEST:
City Secretary
(CITY SEAL)
82693721.3 -5-
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will
convene at its regular meeting place in the City Hall in Schertz, Texas, at 6:00 o'clock P.M.,
Schertz, Texas time on August 2, 2022, and, during such meeting, the City Council will consider
the passage of an ordinance or ordinances and take such other actions as may be deemed necessary
to authorize the issuance of one or more series of certificates of obligation in an aggregate principal
amount not to exceed $19,855,000 for the purpose or purposes of paying contractual obligations
of the City to be incurred for making permanent public improvements and for other public
purposes, to -wit: (1) constructing street improvements (including utilities repair, replacement, and
relocation), curbs, gutters, and sidewalk improvements, including drainage and traffic safety
signalization and signage incidental thereto; (2) designing, constructing, acquiring, purchasing,
renovating, equipping, enlarging, and improving the City's utility system; (3) the purchase of
materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized
needs and purposes relating to the aforementioned capital improvements; and (4) the payment of
professional services related to the design, construction, project management, and financing of the
aforementioned projects. The certificates of obligation (the Certificates) will be payable from the
levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable
property within the City and from a lien on and pledge of certain revenues derived by the City
from the operation of the City's utility system. In accordance with Section 271.049, as amended,
Texas Local Government Code, (i) the current principal amount of all of the City's outstanding
public securities secured by and payable from ad valorem taxes is $71,405,000; (ii) the current
combined principal and interest required to pay all of the City's outstanding public securities
secured by and payable from ad valorem taxes on time and in full is $88,062,353.71; (iii) the
estimated combined principal and interest required to pay the Certificates to be authorized on time
and in full is $30,078,437.50; (iv) the maximum interest rate for the Certificates may not exceed
the maximum legal interest rate; and (v) the maximum maturity date of the Certificates to be
authorized is February 1, 2042. The Certificates are to be issued, and this notice is given, under
and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, 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.
/s/ Brenda Dennis
City Secretary,
City of Schertz, Texas
82693721.3 A -1
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTIES OF GUADALUPE, COMAL §
AND BEXAR §
CITY OF SCHERTZ
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 7th of June, 2022, 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:
Ralph Gutierrez
Mayor
Mark Davis
Councilmember, Place 1
Vacant
Councilmember, Place 2
Jill Whittaker
Councilmember, Place 3
Michael Dahle
Councilmember, Place 4
David L. Scagliola
Councilmember, Place 5
Allison Heyward
Councilmember, Place 6
Tim Brown
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 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING
WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND
EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN
EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoption. After prepentation and
discussion of the Resolution, a motion was made by Councilmember t that the
Resolution be finally passed and adopted ' accordance with the City's Home Rule Charter. The
motion was seconded by Councilmember �3SW1 S_ and carried by the following vote:
-4 voted "For" —L voted "Against" abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council of the City on
the date of the Meeting are those persons shown above, and, according to the records of my office,
82693723.3
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.
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82693723.3 - 2 -
IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the
City, this 7th of June, 2022.
(CITY SEAL)
City Secretary,
City of Schertz, Texas
Signature page to the Secretary Certificate
S -1
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTIES OF GUADALUPE, COMAL
AND BEXAR
CITY OF SCHERTZ
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared , who, after being by me duly
sworn, upon oath says that he /she is a representative of the , a newspaper of general
circulation in the City of Schertz, Texas which newspaper satisfies each of the requirements of
Subchapter C, Chapter 2051, as amended, Texas Government Code, so as to constitute an official
publication in which legal notices may be published as set forth in Subchapter C, Chapter 2051,
as amended, Texas Government Code, and that there was published in said newspaper a true and
correct copy of the attached NOTICE OF INTENTION to issue certificates of obligation on the
following dates:
Signature
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on the day
of , 2022, to verify which witness my hand and seal of office.
Notary Public in and for the
State of Texas
(NOTARY SEAL)
82693722.3
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NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the
City Council of the City of Schertz, Texad
will convene at its regular meeting place
in tF�e City Hall in Schertz, Texas, at 6:00
o'clock P.M., Schertz, Texas time on Au-
gust 2, 2022, and, during such meeting, a
the City CouncWwill consider the passage l
of an ordinance or ordinances and take
such other actions as may be deemed
necessary to authorize the Issuance of
one or more series of certificates of obll-
gation in an aggregato principal amount
not to exceed 579,855ITO for the pur-
pose or oumoses of.nawno ra.� r „e,
nary , iadsapidg, land, and rights -of -way
for authorized. needs ad purposes relat-
Ing to the aforementioned capital im-
provements; and (4) the payment of pro-
fessional services related to the design,
construction, project management, and fi-
annual ad valorem tax, within the limita-
tions prescribed by law, upon all taxable
Property within the City and from alien
on and pledge of certain revenues derived
by the City from the operation of the Cit-
Whoity systefii In accordance with
n %'Meg; as.amended, Texas Lo-
cal Government Code, (1) the current
principal amount of all of the City's out-
standing public securities secured by and
payable from ad valorem taxes is
571,405;000; (11) the current combined
principal and interest required to pay all
of the City's outstanding public securities
secured by and pay"aable from ad valorem
taxes on time and iwhrll is
$88,062,353.71; (ill) the estimated com-
bined principal and Interest required to
tir etand C nrtfull s $3% ,078,437.50; (iv)
the maximum Interest rate
sates may not exceed the r
Interest rate; ad ((v) the m
tur'ddyy date of the Certificab
thorized Is February 1, 204 .
sates are to be Issued, and
given, under and pursuant 1
Sion of the Certificate of 0
of 1971, as amended, Texas
mend Code Section 27L041 through Sec -
Chapter 1502, as amended,
ment Code, and the City's .
arter.
me-
/&/Brenda Dennis
City Secretaryry, -
City of Schertz, Texas