08-12-2008 AgendaSCHERTZ CITY COUNCIL BUDGET WORKSHOP AND REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 8-12-08 Council Agenda AGENDA TUESDAY,
AUGUST 12, 2008 AT 5:00 P.M. BUDGET WORKSHOP MEETING Municipal Complex Council Chambers 5:00 P. M. CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of the FY 2008/2009
Budget. (Staff) ADJOURNMENT WORKSHOP: REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. 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 no
more than 5 minutes. 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.
ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council)? • General Announcements on meetings/events attended and upcoming events (Mayor) PRESENTATION
• Presentation regarding the City of Schertz Website (B. Bailey) REGULAR AGENDA
8-12-08 City Council Agenda Page -2 -1. Property Tax Rate – Consideration and/or action on a Record Vote on setting the Preliminary Tax Rate for FY 2008/2009 and Scheduling of Public
Hearings on the proposed tax rate. (D. Harris/J. Santoya) 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August
5, 2008. 3. Ordinance No. 08-S-40 -SUP2008-007 – Consideration and/or action upon a request for a Specific Use Permit (SUP) for 0.5+/-acres of land out of the Toribio Herrera Survey,
Abstract No. 221, Guadalupe County, and Schertz Texas being Lot 9, Block 1 of the Schertz Business Park Subdivision to allow an expansion of a warehouse in the Air Installation Compatible
Use Zone (AICUZ) Accident Potential Zone-1 (APZ-1) located approximately 951 +/-feet east of intersection FM-1518 and Commercial Place. Final Reading (T. Rhodes/M. Nichols) 4. Ordinance
No. 08-D-41 – Consideration and/or action approving an ordinance amending Section 86-118 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a
repealing clause. (John A. Sippel Elementary) First Reading (M. Harris) 5. Ordinance No. 08-B-39 – Consideration and/or action approving an ordinance by the City Council of the City
of Schertz, Texas authorizing the issuance of “City of Schertz, Texas General Obligation Bonds, Series 2008”, 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 an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements
imposed by the letter of representations previously executed with the depository trust company; and providing for an effective date. First and Final Reading (M. McLiney) (THIS ITEM WAS
POSTPONED FROM THE AUGUST 5, 2008 MEETING) DISCUSSION AND POSSIBLE ACTION 6. City of Schertz Board of Adjustment By-Laws – Discussion and possible action regarding approving the revised
City of Schertz Board of Adjustment By-Laws. (T. Rhodes) 7. City of Schertz Sweetheart Committee – Discussion and possible action regarding appointment of the City of Schertz Sweetheart
Committee Members. (E. Matlock) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events
8-12-08 City Council Agenda Page -3 -EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the
purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 6th DAY OF AUGUST, 2008
AT 10:00 A.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. Brenda Dennis BRENDA
DENNIS, TRMC, CMC 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 _______________, 2008. ____________________________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 619-1030 at least 24 hours in advance
of meeting.
8-12-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview
Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce
Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors
TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards
and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions
Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: August 12, 2008 Department: Finance /Budget Subject: Property Tax Rate BACKGROUND In accordance with Chapter 26.05(d)
of the State’s Property Tax Code, a governing body must take a Record Vote to place a proposal to adopt the rate on the agenda of a future meeting as an action item if the preliminary
tax rate exceeds the Effective Tax Rate. The proposal must specify the desired rate. After the Record Vote, the governing body must then schedule two (2) Public hearings at which the
proposed tax rate will be considered. A one-quarter page “Notice of Public Hearing on Tax Increase” must be published in the local newspaper. The notice will contain information based
upon a preliminary tax rate to be determined by the City Council. Further, another record vote will have to be taken on the proposed rate prior to final adoption of the tax rate ordinance.
Two (2) rates have been identified by the City Staff for City Council consideration as the record vote tax rate. The first is $0.4250 per $100 of taxable value. The increase is divided
between $0.275 for operations and maintenance and $0.15 for debt service. This rate exceeds the effective tax rate of $0.4018. The second rate is $0.4090 per $100 of taxable value. This
rate is divided between $0.259 for operations and $0.15 for debt service. FISCAL IMPACT The goal of the proposed rate is to maintain the provisions of quality services to the residents
and business property owners of the City of Schertz while at the same time preserve a certain level of financial stability with regard to the reserve funds of the General Fund. Approval
of this rate will continue to fund adequate levels of Police and Fire Services, EMS, Street Maintenance Services, and Recreational Services to the general public. The first proposed
rate of $0.4250 is $0.016 higher than the current rate of $0.4090. This proposed rate will generate approximately $302,079 of property tax revenue, assuming a 98% collection. The second
proposed rate of $0.4090 is the same. RECOMMENDATION
City Council Memorandum/Resolution Page 2 Staff recommends that the Council choose one of the two proposed rates, take a Record Vote on the preliminary tax rate selected and schedule
two (2) Public Hearings for September 2, 2008 and September 9, 2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS: That the above stated staff recommendations are
hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 12th day of August, 2008, at which meeting a quorum was
present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED ______________________________ Hal Baldwin, Mayor ATTEST: ________________________________
Brenda Dennis, City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 12, 2008 Department: Administration Subject: Minutes BACKGROUND On August 5 2008 a Workshop and Regular City Council
Meeting was held at the Municipal Complex Council Chambers at 5:00 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the
August 5 minutes. ATTACHMENT Minutes 8/5/08
City Council Regular Meeting August 5, 2008 224 MINUTES WORKSHOP AND REGULAR MEETING August 5, 2008 A Workshop and Regular Meeting was held by the Schertz City Council of the City of
Schertz, Texas, on July 22, at 5:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal
Baldwin Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager
Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of
the FY 2008/2009 Budget. (Staff) Mayor Baldwin called the Workshop to order at 5:00 p.m. and recognized City Manager Don Taylor who briefed the Council stating that this was a difficult
budget this year but was confident that it was a balanced budget with no tax increase. Mr. Taylor introduced Assistant City Manager David Harris who gave a brief Power Point presentation
going over the following: • General Fund – Financial Summary -Revenue Summary -Expenditure Summary -Revenues -Franchises -Permits -Licenses -Fees -Fines -Inter-Jurisdictional Items -Fund
Transfers -Miscellaneous -Taxes -Debit Service -Professional Services -I&S Debt Fund -Water & Sewer Fund -EMS Fund -EDC Fund
City Council Regular Meeting August 5, 2008 225 • General Fund -City Council -City Manager -Municipal Court -Customer Relations 3-1-1 -Planning & Zoning -Legal Services -Facility Maintenance
-City Secretary -Non Departmental -Records management -Engineering -GIS -Police -Fire -Inspections -Public Works – Streets -Parks & Recreation -Pools -Civic Center -Library Mr. Harris
stated that the rollback rate is 0.4268 and there are two (2) proposed rates for the Council to consider: 1. Proposed -0.4090 2. Proposed – 0.4250 Mr. Harris stated that the current
rate is 0.4090 and the effective rate is 0.4018. Staff Members addressed Council questions and concerns regarding their respective budgets. ADJOURNMENT WORKSHOP: Mayor Baldwin adjourned
the workshop at 6:25 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES
AND STATE OF TEXAS. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas.
City Council Regular Meeting August 5, 2008 226 HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Frances Rushing, Schertz Chamber President who gave the following announcements:
-Last Friday the Chamber hosted the Volunteer appreciation night for individuals who participated in the Jubilee. -August 18, 2008 at the Civic Center the Chamber and the Bank and Trust
will be hosting a series of programs on the Banking Crisis. -August 29, 2008 is the monthly Chamber meeting which will focus on a follow-up on the Federal Reserve banking situation.
• Mr. Willis Mackey, Superintendent of Judson ISD who spoke on the building of Judson ISD and building a relationship with the cities involved. Council General Announcements: Mayor Pro-Tem
Wilenchik • None Council Member Carpenter • None Council Member Fowler • Mentioned he celebrated his 49th wedding anniversary, and that also this weekend he married his pastor. Council
Member Scagliola • Thanked Ms. Rushing for hosting the volunteer appreciation event. He also mentioned that on September 17, 2008 they would be putting together the new Sweetheart Court.
Council Member Trayhan • None Items by Mayor • Announced the passing of former City Manager Jimmy Gilmore and passed on his condolences. REGULAR AGENDA Mayor Baldwin stated that the
Council would be moving item 4 up to the beginning of the meeting.
City Council Regular Meeting August 5, 2008 227 4. Ordinance No. 08-B-39 – Consideration and/or action approving an ordinance by the City Council of the City of Schertz, Texas authorizing
the issuance of “City of Schertz, Texas General Obligation Bonds, Series 2008”, 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
an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter
of representations previously executed with the depository trust company; and providing for an effective date. First and Final Reading (M. McLiney) Mayor Baldwin recognized Mark McLiney
and Ryan Cunningham with Southwest Securities who introduced this item answering questions from Council. Mr. McLiney stated that he would like for this item to be moved to the August
12, 2008 agenda to allow them to research the bond sale situation more getting a better sale rate which he would bring the recommendations back to the council to consider possible splitting
the bond sale amounts. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to move this item to the August 12, 2008 City Council Agenda. Vote
was unanimous. Motion Carried. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 22, 2008. Mayor Baldwin recognized Council
Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of July 22, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08-S-36 – ZC 2008-007 John Paul
II Catholic High School – Consideration and/or action upon a request to rezone 52.391 +/-acres of land out of the F. Rodriguez Survey No. 99, Abstract No. 484, City of Schertz, Comal
County, County, Texas from Manufacture District – Light (M1) to Public Use District (PUB) located at the southeast intersection of FM-482 and Friesenhahn Lane. Final Reading (T. Rhodes/M.Nichols)
Mayor Baldwin recognized Planner II Misty Nichols who introduced this item answering questions from Council stating nothing had changed from the first reading of the ordinance. Mayor
Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-S-36 final reading. Vote was unanimous. Motion Carried.
City Council Regular Meeting August 5, 2008 228 3. Ordinance No. 08-S-37 -SUP2009-003 Windy Meadows Subdivision -Consideration and/or action upon a request for a Specific Use Permit
(SUP) for 1.0 +/-acres of land out of the Toribio Herrera Survey, Abstract No. 153, Guadalupe County, and Schertz, Texas being Lot 25, Block 2 of the Windy Meadows Subdivision to allow
indoor boarding kennels in the Air Installation Compatible Use Zone (AICUZ) Accident Potential Zone – 1 (APZ-1) located approximately 370 +/-feet east of the intersection of FM-1518
and Windy Meadows Drive. Final Reading (T. Rhodes/M. Nichols) Mayor Baldwin recognized Planner II Misty Nichols who introduced this item answering questions from Council stating nothing
had changed from the first reading of the ordinance. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance No. 08-S-37
final reading. Vote was unanimous. Motion Carried. 5. Bexar Metro 9-1-1 Proposed Budget – Presentation and consideration and/or action on the Bexar Metro 9-1-1 District Fiscal Year 2009
proposed budget. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter
who moved, seconded by Council Member Trayhan to approve the Bexar Metro 9-1-1 Proposed Budget to include a letter from the City Manager addressing the City of Schertz concerns. Vote
was unanimous. Motion Carried. 6. Resolution No. 08-R-42 – Consideration and/or action approving a resolution authorizing the City Manager to Execute a Personal Services Agreement with
Charmain Sanchez for negotiation and management of telecommunication leases on City facilities and towers for the installation and operation of telecommunications equipment and Systems
with tenants other than the City. (B. Gildea) Mayor Baldwin recognized Special Project Coordinator Brad Gildea who introduced this item answering questions from Council. Mr. Gildea introduced
Charmain Sanchez who gave a brief Power Point presentation regarding her services answering questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved, seconded
by Council Member Trayhan to approve Resolution No. 08-R-42. Vote was unanimous. Motion Carried.
City Council Regular Meeting August 5, 2008 229 7. Purchase City Float – Consideration and/or action regarding the purchase of a City of Schertz Float. (S. White/E. Matlock) Mayor Baldwin
recognized EDC Chair Steve White who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Trayhan
to approve the purchase of a City Float. Vote was unanimous. Motion Carried. PUBLIC HEARINGS AND ORDINANCE APPROVAL 8. Ordinance No. 08-S-40 -SUP2008-007 – Conduct a Public Hearing and
consideration and/or action upon a request for a Specific Use Permit (SUP) for 0.5+/-acres of land out of the Toribio Herrera Survey, Abstract No. 221, Guadalupe County, and Schertz
Texas being Lot 9, Block 1 of the Schertz Business Park Subdivision to allow an expansion of a warehouse in the Air Installation Compatible Use Zone (AICUZ) Accident Potential Zone-1
(APZ-1) located approximately 951 +/-feet east of intersection FM-1518 and Commercial Place. First Reading (T. Rhodes/M. Nichols) Mayor Baldwin recognized Planner II Misty Nichols who
introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and as no one spoke, Mayor Baldwin closed the public hearing Mayor Baldwin recognized Council
Member Carpenter who moved, seconded by Council Member Fowler to approve Ordinance No. 08-S-40 first reading. Vote was unanimous. Motion Carried. ANNOUNCEMENTS – CITY MANAGER AND STAFF
• General Announcements on meetings/events attended and upcoming events None. EXECUTIVE SESSION Council did not meet in executive session. ADJOURNMENT As there was no further action,
Mayor Baldwin adjourned the meeting at 8:10 p.m.
City Council Regular Meeting August 5, 2008 230 ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 12, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-40 Consideration and/or action on a request for a
Specific Use Permit (SUP) for 0.5 ± acres of land being Lot 9, Block 1 of the Schertz Business Park Subdivision to allow an expansion if a warehouse in the Air Installation Compatible
Use Zone (AICUZ) Accident Potential Zone-1 (APZ-1) located approximately 951± feet of the intersection of FM-1518 and Commercial Place located. This property is zoned General Business
-2 (GB-2) Final Reading BACKGROUND: This commercial lot is affected by the AICUZ (APZ-1) and is required to obtain a Specific Use Permit (SUP) in the accordance with the Unified Development
Code (UDC). The purpose of the SUP process for this project is to ensure compatibility with the Randolph Air Force Base AICUZ Study. The Planning and Zoning Commission will be considering
approval of a site plan for expansion of an existing building associated with this SUP at their July 23, 2008 meeting. The applicant is asking to expand this facility by 100 percent,
adding 2,400 square feet of warehouse space to an existing 2,400 square foot cabinet shop/office/warehouse. FISCAL IMPACT None RECOMMENDATION The City Council voted to approve Ordinance
No. 08-S-40 at their August 5, 2008 regular meeting. Based on the Council’s previous action, staff recommends that the Council approve Ordinance No. 08-S-40 on final reading granting
a Specific Use Permit for the expansion of an existing building within the AICUZ. ATTACHMENT Provided in the August 5, 2008 Council Packet Schertz Business Park-SUP-AICUZ
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 12, 2008 Department: Police Department Subject: Ordinance No. 08-D-41 – revising maximum speed limits in school zones
BACKGROUND Consideration and/or action on approval of Ordinance No. 08-D-41 amending section 86-118 of the Code of Ordinances regarding maximum speed limits in school zones. Due to the
construction of John A. Sippel Elementary School, school zones need to be established at this location. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of Ordinance
No. 08-D-41 ATTACHMENT Ordinance No. 08-D-41
ORDINANCE NO. 08-D-41 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; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-118 of the Code
of Ordinances, City of Schertz, Texas be amended to add the following: “Section 86-118, Maximum Limits In School Zones” Street Extent Speed Limit Old Wiederstein Rd. 300 feet Northeast
of Fairlawn Ave., 20 MPH to 300 feet Southwest of school property Fairlawn Ave. from Wiederstein Rd. to Mineral Springs” 20 MPH SECTION II 1. All Ordinances or parts of Ordinances in
conflict with this Ordinance are hereby repealed. 2. This Ordinance shall be in force and effect from and after its final passage. First reading approved on the 12th day of August 2008.
PASSED, APPROVED AND ADOPTED this the____day of____________, 2008. ____________________________ Mayor, City of Schertz, Texas ATTEST: ___________________________________ City Secretary,
City of Schertz, Texas
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 12, 2008 Department: Administration Subject: Ordinance No. 08-B-39 -Authorizing the issuance of “City of Schertz, Texas
General Obligation Bonds, Series 2008”, 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 an official statement pertaining thereto;
authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed
with the depository trust company; and providing for an effective date. (Mark McLiney – Southwest Securities) BACKGROUND On May 13, 2006 the voters of the City approved a $33,500,000
bond package. To date, the City has sold $21,000,000. The voter approved bonds that have not been issued consist of $5,500,000 for the Recreation Center and $11,000,000 for Streets.
The original plan of financing called for the Recreation Center bonds to be issued this year along with $4,000,000 of Streets. The balance of the streets is called to be issued in 2010.
Due to the growth of the taxable value within the City it appears that all of the remaining bonds can be issued in 2008 with little tax rate impact as compared to the original plan.
On June 24, 2008 the City Council authorized the sale of the next series of bonds for the Recreation Center and Streets in the amount of $5.5 Million for the Recreation Center and $11
Million for Streets, total $16.5 Million. FISCAL IMPACT
City Council Memorandum Page 2 The issuance of all of the remaining Bonds can be issued without affecting the current I&S Tax Rate and it remains in line with the plan of finance originally
approved by the Council RECOMMENDATION It is the recommendation of Southwest Securities, the City’s Financial Advisor, to approve Ordinance No. 08-B-39 first and final reading. Mark
McLiney and Ryan Cunningham, with Southwest Securities, will be here to address any questions that the Council may have. ATTACHMENT Ordinance No. 08-B-39
80246815.2 DRAFT 7/21/2008 ORDINANCE NO. 08-B-39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION
BONDS, SERIES 2008”, 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 AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING
THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY
TRUST COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the “City”) hereby finds and determines that general obligation
bonds of the City in the total principal amount of $16,500,000 should be issued and sold at this time, being the third and final installment (being the principal amount of $___________
and a portion of the premium of $___________) of general obligation bonds approved and authorized to be issued at an election held on May 13, 2006, the respective authorized purposes
and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this ordinance, and amounts remaining to be issued from such voted authorizations
subsequent to the date hereof being as follows: Date Voted Purpose Amount Authorized Previously Issued Bonds Bonds Issued Herein Amount Unissued 5-13-06 Library Facility Improvements
$6,000,000 $6,000,000 $0 $0 5-13-06 Construct and Equip Recreation Center $7,500,000 $2,000,000 $5,500,000 5-13-06 Construct Street, Curb, and Sidewalk Improvements $20,000,000 $9,000,000
$11,000,000 $0 5-13-06 Construct drainage Improvements $4,000,000 $4,000,000 $0 $0 WHEREAS, the City Council intends to issue an aggregate principal of $16,500,000 in general obligation
bonds the proceeds of which will be utilized to provide for the (i) purpose of
80246815.2 -2-making permanent public improvements and for public purposes described above, and (ii) payment of the costs of issuance of the general obligation bonds; WHEREAS, the City
Council hereby finds and determines that the issuance of the general obligation bonds is in the best interests of the citizens of the City, now, therefore, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: Authorization -Designation -Principal Amount -Purpose. General obligation bonds of the City shall be and are hereby authorized
to be issued in the aggregate principal amount of SIXTEEN MILLION FIVE HUNDRED THOUSAND and No/100 Dollars ($16,500,000), to be designated and bear
the title of “CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS, SERIES 2008” (the Bonds), for the purpose of providing funds: (i) to construct and equip a recreation center, (ii) to
construct street, curb and sidewalk improvements, and (iii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly
Chapters 1251 and 1331, as amended, Texas Government Code, an election held in the City on May 13, 2006, an ordinance adopted by the City Council on August 5, 2008, 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 August 1, 2008 (the Dated Date) and shall generally be in denominations of $5,000 or any integral multiple thereof, shall be lettered “R” and numbered
consecutively from One (1) upward, and principal shall become due and payable on February 1 in each of the years and in amounts (the Stated Maturities) and bear interest at the rates
per annum in accordance with the following schedule: Years of Stated Maturity Principal Amounts ($) Interest Rates (%) 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
2023
80246815.2 -3-Years of Stated Maturity Principal Amounts ($) Interest Rates (%) 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 The Bonds shall bear interest on 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 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 Bonds shall be payable on February 1 and August
1 in each year, commencing February 1, 2009 (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 Wells Fargo Bank, National Association, Austin, Texas, to serve as
the initial Paying Agent/Registrar (the 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 Exhibit A hereto, and such reasonable rules 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 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.
80246815.2 -4-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. Both principal of, premium, if any, and interest on the Bonds, due and payable by reason
of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or 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 at the Bonds’ Stated Maturity or upon redemption of the Bonds, and (iii) on any 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 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. 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 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 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.
80246815.2 -5-A. Mandatory Redemption. The Bonds stated to mature on February 1, 20__ are referred to herein as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund
redemption prior to their stated maturities from money required to be deposited in the Bond 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 Bonds Stated
to Mature on February 1, ____ Year Principal Amount ($) ____ _______ ____ _______ ____ _______ ____ _______ *Payable at Stated Maturity. The principal amount of a Term Bond 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 Bonds 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 with money in the Bond Fund, 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 Bonds having Stated Maturities on and after
February 1, 2019 shall be subject to redemption prior to Stated Maturity at the option of the City, on February 1, 2018, 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 Bonds (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 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. D. 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
80246815.2 -6-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. E. Notice of Redemption.
Not less than thirty (30) days prior to a redemption date for the Bonds, 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 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 whether received 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. 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 said 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. 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 Buyer
and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the City to any registered
securities depository and to any national information service that disseminates redemption notices. F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall
be required 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 to transfer or exchange any Bond 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 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 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
80246815.2 -7-individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, 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 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 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 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 Paying Agent/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 Bonds surrendered 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 fee, tax
or other governmental charges required to be paid with respect to such transfer or exchange.
80246815.2 -8-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 shall include any
Bond registered and delivered pursuant to Section 17 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 $16,500,000
with principal installments to become due and payable as provided in Section 2 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 and bearing applicable interest rates 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. 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 any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City
or determined by the officers executing the Bonds as evidenced 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. B. Form of Definitive Bond.
80246815.2 -9-REGISTERED REGISTERED PRINCIPAL AMOUNT NO. _______ $_____________ United States of America State of Texas Counties of Guadalupe, Bexar and Comal CITY OF SCHERTZ, TEXAS
GENERAL OBLIGATION BOND, SERIES 2008 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: August 1, 2008 REGISTERED OWNER: _________________________________________________________
PRINCIPAL AMOUNT: _________________________________________________________ The City of Schertz, Texas (the City), a body corporate and a municipal corporation in the Counties of Guadalupe,
Bexar and Comal, 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 Dated Date or from the most recent interest payment date to which interest has been paid 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, 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 February 1 and August 1 of each year commencing February 1, 2009. Principal and premium, if any, 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. 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 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 $16,500,000 (the Bonds) pursuant
to an ordinance adopted by the governing body of
80246815.2 -10-the City (the Ordinance), for the purpose of providing funds: (i) to construct and equip a recreation center, (ii) to construct street, curb and sidewalk improvements,
and (iii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251 and 1331, as amended, Texas Government
Code, an election held in the City on May 13, 2006, the Ordinance, and the City’s Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on February 1, ____ and
are referred to herein as the “Term Bonds”. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the
Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following
principal amounts on September 1 in each of the years as set forth below: Term Bonds Stated to Mature on February 1, ____ Year Principal Amount ($) ____ _______ ____ _______ ____ _______
____ _______ *Payable at Stated Maturity. The principal amount of a Term Bond 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 Bonds 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
with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption
requirement.. The Bonds stated to mature on and after February 1, 2019 may be redeemed prior to their Stated Maturities at the option of the City, on February 1, 2018, 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, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States Mail, first-class
postage prepaid, to Holders of the Bonds to be redeemed, 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
80246815.2 -11-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 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 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 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 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
80246815.2 -12-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 law, and that 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.
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.]
80246815.2 -13-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 THE STATE OF TEXAS §§§ § REGISTER NO. 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 and registered 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: ____________________________________ WELLS FARGO BANK, NATIONAL ASSOCIATION, as Paying Agent/Registrar By:
_______________________________ Authorized Signature
80246815.2 -14-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 paragraph B 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 Guadalupe, Bexar and Comal, 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 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:
80246815.2 -15-Years of Stated Maturity Principal Amounts ($) Interest 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 Dated Date, or from the most recent interest payment date to which interest has been
paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, 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 on February 1 and August 1 of each year, commencing February 1, 2009. Principal of this Bond shall
be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of Wells Fargo Bank, NATIONAL ASSOCIATION, Austin, Texas (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. 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 Sections 19 and 36 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 Officials shall mean the Mayor, City Manager, Director of Finance, and/or the City Secretary. B. The term Bond Fund shall mean the special Fund
created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $16,500,000 ““CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS, SERIES 2008”
authorized by this Ordinance.
80246815.2 -16-D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. E. The term City shall mean
City of Schertz, located in the Counties of Guadalupe, Bexar and Comal, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall 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 Depository shall 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 nationally recognized investment rating firm not less than AAA or its equivalent;
or (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 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. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Insurance
Policy shall mean the municipal bond insurance policy issued by the Insurer insuring the payment when due of the principal of and interest on the Bonds as provided therein. K. The term
Insurer shall mean _________________, or any successor thereto or assignee thereof. L. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being February
1 and August 1 of each year, commencing February 1, 2009, while any of the Bonds remain Outstanding. M. The term Ordinance shall mean this ordinance adopted by the City Council of the
City on August 5, 2008.
80246815.2 -17-N. The term Outstanding when used in this Ordinance with respect 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 Section 21 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 as provided in Section 17 of this Ordinance. O. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance.
P. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on February 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund
– Investments. For the purpose of paying the interest on and to provide a sinking fund for for the payment, redemption and retirement of the Bonds, there shall be and is hereby created
a special Fund to be designated “GENERAL OBLIGATION BONDS, SERIES 2008 INTEREST 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 Section 19. 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 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 by 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, 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 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
80246815.2 -18-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 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 to cause 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 interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers 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
80246815.2 -19-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 provided shall 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 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 16: Cancellation. All Bonds 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 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 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.
80246815.2 -20-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 (including attorney’s fees and the fees and expenses of the Paying 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 – Approval of Purchase Contract – Authorization and Distribution of the Official Statement — Use of Proceeds.
The Bonds authorized by this Ordinance are hereby sold by the City to the SAMCO Capital Markets, Inc., San Antonio, Texas, as the authorized representative of a group of underwriters
(the Purchasers, having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract (the Purchase Contract), dated August 5, 2008,
attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bonds shall be registered in the name of the SAMCO Capital
Markets, Inc. The Mayor of the City is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of this City Council, and
in regard to the approval 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. 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 Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed
and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Preliminary Official Statement to reflect the terms of sale, attached
as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor and City Secretary and the City Manager, any one or more of said officials), shall be and is hereby
in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated August 5, 2008, in the reoffering, sale and delivery of the
Bonds 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
80246815.2 -21-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 Bonds.
Proceeds from the sale of the Bonds shall be applied as follows: A. Accrued interest (in the amount of $_____________) received from the Purchasers shall be deposited into the Bond Fund.
The City received a net premium from the sale of the Bonds of $____________ which is hereby allocated by the City in the following manner: (1) $__________ to pay the Purchasers’ compensation,
(2) $___________ to pay the premium of the Insurer, (3) $_____________ shall be deposited deposited into the Bond Fund as the rounding amount, and (4) $__________ to pay a portion of
certain other costs of issuance, and (4) $__________ shall be counted against the City’s voted authorization and deposited into the construction fund as described in paragraph B below.
B. The balance of the proceeds (including a portion of the premium in the amount of $__________ and principal in the amount of $_______ totaling $_______) derived from the sale of the
Bonds (after making the deposits referenced in A above) shall be deposited into the special construction
account or accounts created for the projects to be constructed with the Bond proceeds. This special construction account shall be established and maintained at the Depository and shall
be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion 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 11. SECTION 19: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following
terms have the following meanings: “Code” means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. “Computation Date”
has the meaning set forth in Section 1.148-1(b) of the Regulations. “Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds
as defined in Section 1.148-1(c) of the Regulations, of the Bonds. “Investment” has the meaning set forth in Section 1.148-1(b) of the Regulations.
80246815.2 -22-“Nonpurpose Investment” means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired
to carry out the governmental purposes of the Bonds. “Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Regulations” means any proposed, temporary,
or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, 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. “Yield” of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Bonds has the meaning set forth in 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 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 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 it will not cause the Bonds 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 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 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 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
80246815.2 -23-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 section 141 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 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 to the extent that it will not cause the Bonds 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 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 of the Bonds. 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 Bonds 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 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 section 148(f)
of the Code and the
80246815.2 -24-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 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 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 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 Bonds, 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 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. Elections. The City hereby directs and authorizes the Mayor, City Manager, Director of Finance, City Secretary,
or City Attorney, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate
80246815.2 -25-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 elections shall be deemed to be made on the Closing Date. SECTION 20: 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 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, the Mayor, Mayor Pro Tem, City Manager,
Director of Finance, City Secretary, or City Attorney, 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 Bonds, the approval of the Attorney General and 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 21: 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 at Stated Maturity,
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, 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 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 thereof or (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. 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 Bonds to be treated as arbitrage bonds within the
meaning of section 148 of the Code (as defined in Section 19 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 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
80246815.2 -26-Bonds and remaining unclaimed for a period of four (4) years after the Stated Maturity or applicable redemption date of 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. 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 the exercise 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 22: Printed Opinion. The Purchasers’ obligation to accept delivery of the Bonds is subject to its being furnished
a final opinion of Fulbright & Jaworski L.L.P., 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 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It
is expressly 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 neither the 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 24:
Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: 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
80246815.2 -27-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 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. SECTION 26: 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 27: 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 28: 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 29: 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 30: 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 31: 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 32: 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, 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 33: 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.
80246815.2 -28-SECTION 34: 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 to be in compliance with the requirements for publication thereof. SECTION 35: 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 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed
to such terms below: “MSRB” means the Municipal Securities Rulemaking Board. “NRMSIR” means each person whom the SEC or its staff has determined to be a nationally recognized municipal
securities information repository within the meaning of the Rule from time to time. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities
and Exchange Commission. “SID” means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to
be, a state information depository within the meaning of the Rule from time to time. B. Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months
after the end of each fiscal year ending in or after 2008, financial information and operating data with respect to the City of the general type included in the final Official Statement
authorized by Section 18 18 of this Ordinance, being the information described in Exhibit C hereto. Any financial statements so to be provided shall be (1) prepared in accordance with
the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation
and (2) audited, if the City commissions an audit of such 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 City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID, with the financial information
and operating data and will file the annual audit report when and if same becomes available.
80246815.2 -29-If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which
the City otherwise would be required to provide financial information and operating data pursuant to this Section. The 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,
if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. C. Material Event Notices. The City shall notify any SID and either
each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: (1)
Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws 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 or events affecting
the tax-exempt status of the Bonds; (7) Modifications to rights of holders of the Bonds; (8) Bond calls; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment
of the Bonds; and (11) Rating changes. The City shall notify any SID and either each NRMSIR or 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 City shall be obligated to observe and perform
the covenants specified in this Section with respect to the City and the Bonds while, but only while, the City remains an “obligated
80246815.2 -30-person” with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (C) hereof of any Bond
calls and defeasance that cause the City to be no longer such an “obligated person”. The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the
Bonds, 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 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 City does not make any representation or warranty concerning such information
or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM 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 AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the 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 City under federal and state securities laws. The provisions
of this Section may be amended by the City from 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 Bonds in the primary offering of the Bonds 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 Bonds consent to such amendment or (b) a Person that is unaffiliated
with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds.
The City may also repeal 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 City also 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
80246815.2 -31-lawfully purchasing or selling the Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations
of the Rule. If the City so amends the provisions of this Section, it shall 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. SECTION 37: Book-Entry
Only System. It is intended that the Bonds 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 ownership of 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 D (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 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 a Bond evidencing 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
80246815.2 -32-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 in the 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 38: 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 Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, the Mayor, City Manager,
or the City Secretary 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 necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance
and as described in the Official Statement, (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. SECTION 39: Municipal Bond Insurance. The payment of the debt service
requirements on the Bonds is insured by the Insurer pursuant to the Insurance Policy. SECTION 40: 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.]
80246815.2 S-1 PASSED, APPROVED AND ADOPTED on the 5th day of August, 2008. CITY OF SCHERTZ, TEXAS __________________________________________ Mayor ATTEST: City Secretary (CITY SEAL)
Exhibit A -Paying Agent/Registrar Agreement Exhibit B – Purchase Contract Exhibit C – Annual Financial Information Exhibit D – DTC Letter of Representations
80246815.2 A-1 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. __
80246815.2 C-1 EXHIBIT B Purchase Contract See Tab No. __
80246815.2 C-1 EXHIBIT C Description of Annual Financial Information The following information is referred to in Section 37 of this Order. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer 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 Issuer of the general type included in Table 1 of the Official
Statement and Tables 1 through 9 of Appendix A 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 appended to the Official Statement as Appendix D, 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.
80246815.2 C-1 EXHIBIT D DTC Letter of Representations
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 12, 2008 Department: Planning & Zoning Subject: Discussion, consideration and action on approval of the revised By-Laws
of the City of Schertz Board of Adjustment. Discussion and Action BACKGROUND The Board of Adjustment (BOA) was originally established in 1987 and has been operating under general rules
and guidelines for procedures as outlined in the establishing ordinance; however, an official set of “By-Laws” governing the BOA has never been formally adopted. By-Laws are generally
established to govern the rules of order, general procedures of the BOA, functioning and operation of the BOA, and other similar guidelines. These guidelines typically include items
such as the election of officers, duties and powers of officers, attendance requirements, meeting procedures, terms of office, BOA actions, and other miscellaneous provisions. Staff
drafted revised BOA By-Laws and presented the original draft to the BOA at their June 23, 2008 regular meeting. The BOA subsequently considered the draft By-Laws and made recommended
changes. At their July 28, 2008 regular meeting, the BOA considered and recommended approval of the revised By-Laws with minor amendments as discussed during their meeting. Staff has
made the appropriate revisions and to the By-Laws as discussed during the BOA’s July 28th meeting. In accordance with the general rules and procedures of the City, the City Council is
required to review and approve the By-Laws of all appointed bodies. These By-Laws are formally presented to the Council for approval. FISCAL IMPACT None RECOMMENDATION The BOA unanimously
recommended approval of the revised By-Laws at their July 28, 2008 regular meeting. Pursuant to that recommendation, staff recommends approval of the BOA By-Laws. ATTACHMENT BOA By-Laws
City of Schertz Board of Adjustment Rules of Order and Procedure
Table of Contents Organization....................................................................................................................... 3 Officers.......................................
....................................................................................... 3 Terms of Office and Removal from Office......................................................................
... 3 Duties and Powers.............................................................................................................. 4 Meetings.......................................................
..................................................................... 4 Board Actions..................................................................................................................
... 5 Disqualification from Voting ................................................................................................ 6 Official Records.................................................
................................................................. 6 Application Procedures.......................................................................................................
6 Meetings............................................................................................................................. 7 Certification and Amendments ................................
.......................................................... 7 2
Organization A. The Board of Adjustment (BOA) shall consist of five (5) members who shall be appointed by the City Council. Each member of the BOA shall be appointed for a term of two
(2) years. The City Council may provide for the appointment of alternate BOA members to serve in the absence of one (1) or more regular members. Alternate members who serve in the absence
of a regular member shall assume and exercise all responsibilities of the regular member. Alternate members shall be appointed for the same period of time as a regular member. B. All
members of the BOA shall be qualified voters of the corporate limits of the City of Schertz. C. The BOA shall exercise all powers and duties as prescribed by State law, the City Charter
or the City’s Unified Development Code (UDC). D. All vacancies occurring on the BOA shall be filled by appointment of the City Council. Officers A. The BOA shall hold an annual organizational
meeting in the first meeting after appointment or reappointment of members and shall elect a Chairman and Vice-Chairman from among its members before proceeding to any other matters
of business. No member serving as Chairman or Vice-Chairman shall be nominated to succeed himself as Chairman or Vice-Chairman if he has served a full one (1) year term in either of
such capacities except by unanimous vote of the BOA. B. At their annual organizational meeting, the Board shall elect a Secretary and such other officers, as it deems necessary, either
from its membership or from Staff representatives assigned to provide staff support to the BOA. C. The Board shall adopt its own rules of procedure and keep a record of its proceedings
as required by State law, City Charter or the UDC. Copies of all actions by the BOA shall be sent to the City Council for information purposes. The Board shall meet regularly and shall
designate the time and place of its meetings. Terms of Office and Removal from Office A. The terms of three (3) regular members and one (1) alternate member of the BOA will expire on
October first of each even-numbered year and the terms of two (2) regular members and one (1) alternate member of the BOA will expire on October first of each odd-numbered year. B. Members
of the BOA may be appointed to succeed themselves, but no member shall be appointed for a term in excess of two (2) years. Members may be reappointed to successive terms. Alternates
whose term has not expired may be appointed as regular members of the Board upon application and approval by the City Council. 3
Newly appointed members will be installed at the first regular Board meeting after their appointments. C. The City Council may remove members of the BOA from office for malfeasance,
conviction of a crime involving moral turpitude, or failure to attend seventy-five percent (75%) of the regular meetings of the Board per fiscal year without good cause. Good cause shall
include, but not be limited to, illness, temporary disability, absence from the City, or family emergency. All members of the Board, including regular members and alternates, are required
to notify the BOA Secretary and Chairperson of any proposed absences and shall provide the reason for absence. Failure to attend three (3) or more consecutive regular meetings for any
reason shall constitute grounds for removal if approved by majority vote of the members of the BOA. Duties and Powers A. The Chairperson, or in his/her absence, the Vice-Chairperson,
shall preside at all meetings and shall decide all points of order or procedure. All records of action the BOA shall bear the signature of the Chairperson or Vice-Chairperson, in the
absence of the Chairperson. B. The Secretary shall be custodian of the minutes and other official records, shall be responsible for coordinating all correspondence to the BOA and shall
ensure that all required notices are given as required by State law, City Charter or the UDC. C. Rules of Order Robert’s Rules of Order, latest revisions, shall be the BOA’s final authority
on all questions of procedures and parliamentary law not covered by these rules of order and procedure. D. Suspension of Rules Any provisions of these rules not governed by City Ordinance
may be temporarily suspended by a favorable vote of two-thirds (2/3) vote of all of the members of the BOA, which vote shall be entered upon the minutes. Meetings A. Quorum All cases
before the BOA must be heard by a minimum of seventy-five percent (75%) of the members of the BOA (at least four (4) members). B. Agenda The Secretary shall cause to be prepared an agenda
for each meeting of the BOA. There shall be attached to each agenda a report of matters pending. C. Regular Meetings The BOA shall establish a schedule of regular meetings. Regular meetings
may be cancelled by the Chairperson, upon request of a majority of the members of the BOA, or upon recommendation of staff representatives when due cause is shown 4
that a meeting is not necessary. Lack of items to be considered by the BOA shall constitute due cause for cancellation of a meeting. D. Special Meetings Special meetings may be held
upon the following: 1. On the call of the Chairperson 2. On request of two (2) or more members of the BOA 3. On request of the City Council 4. Upon majority vote of the members of the
BOA at a regularly scheduled meeting Each member of the BOA shall be notified at least 72 hours before the scheduled special meeting. Said notice shall contain the date, time and place
of the meeting and shall contain information regarding matters to be considered by the BOA. E. Public Meetings All meetings shall be open to the public and shall be held in compliance
with the provisions of the Texas Open Meetings Act, other State law, the City Charter or the UDC. Any party in interest may appear on his/her own behalf or be represented by counsel
or other authorized agent. F. Attendance All members of the Board, including regular members and alternates, are required to attend at least seventy-five percent (75%) of the meetings
of the Board per fiscal year except when the absence is excused for good cause shown. Good cause shall include, but not be limited to, illness, temporary disability, absence from the
City, or family emergency. Board Actions A. A motion may be made by any member of the BOA. B. Each member of the BOA shall have one (1) vote and shall vote on each item presented. C.
The Chairperson, or in his/her absence, the Vice-Chairperson, is a voting member and will vote on each motion presented. D. A motion to approve any matter before the BOA shall require
the concurring vote of at least seventy-five percent (75%) of the members of the BOA (at least four (4) members). When fewer than all the regular members are present for the voting and
a motion to approve fails to secure the concurring vote of four (4) members of the BOA, consideration of the requested application may be continued to the next regular meeting of the
BOA upon majority vote of the members present. Upon continuation of a meeting, failure to secure the concurring vote of four (4) members of the BOA at the next regular meeting of the
BOA shall be deemed a denial of the requested application. E. A motion to deny any matter before the BOA shall require the concurring vote of a simple majority of the members of the
BOA. 5
Disqualification from Voting A member of the BOA shall disqualify himself/herself from voting whenever he/she finds the following conditions exist: A. A personal or monetary interest
in the property under appeal. B. He/She will be directly affected by the decision of the BOA. C. Whenever any applicant or his/her agent has sought to influence the vote of the member
on the requested application, other than at the public hearing. Official Records A. Definition The official records shall include these rules and regulations and the minutes of the BOA
together with all findings, decisions, and other official actions. B. Recording of the Vote The minutes of the BOA’s proceedings shall show the vote of each member on each decision of
the BOA, or if absent or failing to vote, shall indicate that fact. C. Files – Retention All appeals and other matters coming before the BOA shall be filed in the City’s records. Original
papers of all requests shall be retained along with other special matter as required to meet records disposition and retention schedules. D. Public Record The official records, appeals
of BOA decisions, and other matters presented to the BOA in regular or special meetings shall be on file in City Hall and shall be available in accordance with the Texas Open Records
Act. Application Procedures A. Written Request Required Every proposal submitted to the BOA for consideration shall be made in writing to the appropriate City department on the appropriate
application forms provided by the City. The proposal shall be filed on said forms, shall be accompanied by all required fees and shall be determined to be a complete application prior
to being accepted for filing. B. Withdrawal of Proposal When any applicant desires to withdraw an application, he may do so by filing a written request to that effect with the Secretary.
Such request shall be effective upon the date of its official receipt provided, however, that no such request shall be valid after notices have been mailed except upon action of the
BOA. Withdrawal of an application at any stage of its processing shall terminate all consideration of it by the City and the case file thereon shall be closed. 6
Meetings A. Order of Business The Chairperson shall call the BOA to order and the Secretary shall record the members absent and present. The minutes of any previous meeting shall be
submitted for approval. The Chairperson shall publicly advise those present of the procedures and any special procedures followed in the meeting. The Secretary shall publicly advise
the BOA of any communications received pertaining to any matter before the BOA. The BOA shall then hear and act upon those proposals scheduled for consideration, together with such matters
of business and reports as the BOA or Secretary finds, that require BOA consideration. B. Public Hearing Procedures The Chairperson shall explain the reason for public hearing and read
the agenda item. The Chairperson shall include the following items in the opening remarks: 1. Public hearing is for the purpose of receiving comments from interested citizens. 2. No
more comments will be received from citizens after this hearing. 3. BOA will take all comments into consideration in formulating their decision. C. Procedure for Public Hearing 1. Chairperson’s
opening remarks. 2. Briefing by staff representative who will explain each agenda item as it comes up to be heard, where it is located, the number of letters sent out to property owners
within 200 feet and the number returned with their position on the item. 3. Presentation by the applicant. 4. Hearing of citizens. Each citizen wishing to speak will come to the podium
and give their name and address and shall be limited to no more than five minutes. Questions will be addressed to the BOA. No questioning between individuals will be permitted except
during cross-examination when allowed by the BOA. During the hearing, no members shall discuss, debate or argue an issue with the applicant, nor indicate any probable vote. 5. Comments
or questions from the BOA. 6. Closing statement or rebuttal by applicant, if necessary. 7. Closing comments by Chairperson and repeat of opening comments. D. Motions A motion may be
made by any member other than the presiding officer. Certification and Amendments A. Certified Copy A certified copy of these Rules of Order and Procedure and any subsequent amendments
thereto shall e filed in the office of the City Secretary within ten (10) days following the date of adoption. B. Repealing Clause All previously adopted Rules of Procedure for the BOA
are hereby expressly repealed. 7
8 C. Amendment Procedure Amendments to these Rules of Order and Procedure may be made by the Board at any meeting, with proper notice of such, upon the affirmative vote of four (4) out
of five (5) members voting and present, provided such amendment is proposed at a preceding meeting and recorded in the minutes of such meeting. The recommendation will be presented to
the City Council for approval and adoption. The approved amendment will become effective upon filing with the City Secretary. Adopted on this the _____ day of ____________________, 2008.
Approved: _____________________ Earl Hartzog, Chairman Attest: _____________________ Lesa Wood, Secretary Filed in the Office of the City Secretary this the _____ day of ____________________,
2008. _____________________ Brenda Dennis, City Secretary
Agenda No. 7 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: August 12, 2008 Department: Schertz Sweetheart Committee Subject: Appointment of Committee Members BACKGROUND On
January 22, 2008 at the Regular City Council Meeting a motion was made by Council to authorize the City Manager to negotiate and enter into a memorandum of understanding to provide formal
recognition by and for the City with the Miss Sweethearts Court. FISCAL IMPACT None at this time. RECOMMENDATION Appoint the following Committee Members: Steve White Brad Bailey Alice
Jewell Aimee Bailey Michele Kelso Patti Riordan Erin Matlock Susan Hartzog David Harris Council Member David Scagliola (Liaison) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
That the above stated City of Schertz City Council recommends appointment of the Committee Members. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 12th day of August, 2008, at which meeting a quorum was present, held in accordance accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
City Council Memorandum/Resolution Page 2 APPROVED ______________________________ Hal Baldwin, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary