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RES 1702 12/10/2024J °F CIe 0)00� r -_O T e X A 5 "City of Choice" RESOLUTION NO. 1702 AUTHORIZING AND APPROVING PUBLICATION AND POSTING OF NOTICE OF INTENTION TO ISSUE CITY OF CHIOLO, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,500,000 AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Cibolo, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates), the interest on which may or may not be included in the gross income of the holders thereof for purposes of federal income taxation, in an aggregate amount not to exceed $11,500,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage improvements and landscaping incidental thereto, (2) acquiring public works (street repair) vehicles and public safety (fire) vehicles, (3) acquiring, purchasing, constructing, renovating, improving, equipping, repairing, enlarging and/or extending City community and parks and recreation facilities that are generally accessible to the public and is part of the City's park system, (4) purchasing real property, materials, supplies, equipment, information technology, machinery, landscaping, land, and rights of way for authorized needs and purposes related to the aforementioned capital improvements, and (5) the payment of professional services related to the acquisition, design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the issuance of the Certificates, the Governing Body is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation and, if the City maintains an Internet website, post such notice of intention on the City's Internet website, such notice stating: (i) the time and place the City Council tentatively proposes to pass the resolution authorizing the issuance of the Certificates; (ii) the purposes for which the Certificates are to be issued; (iii) the manner in which the City Council proposes to pay the S-1 Certificates; (iv) the then -current principal amount of all outstanding ad valorem debt obligations of the City; (v) the then -current combined principal and interest required to pay all outstanding ad valorem debt obligations of the City on time and in full, which may be based on the City's expectations relative to the interest due on any variable rate ad valorem debt obligations; (vi) the maximum principal amount of the Certificates to be authorized; .(vii) the estimated interest rate for the Certificates to be authorized or that the maximum interest rate for the Certificates may not exceed the maximum legal interest rate; and (viii) the maximum maturity date of the Certificates to be authorized; and WHEREAS, the issued bonds will provide funding for the following projects and equipment in FY25 per the adopted FY2025 budget: PROJECT TYPE AMOUNT Town Creek Reconstruction and Sidewalks Streets $1,916,911 Deer Creek Boulevard Reconstruction Streets 2,222,806 Green Valley Road Mill and Overlay Streets 633,271 Green Valley Road Reconstruction Streets 441,648 Fire Bird Run Reconstruction Streets 1,319,497 Silver Wing Mill and Overlay Streets 737,683 Fire Fleet Equipment 500,000 Public Works Equipment Equipment 610,000 Park Improvements Facilities 750,000 FM 1103 - Knights Crossing contribution Streets 300,000 FM 1103 Phase 2 - Utility relocation Streets 2,000,000 Rounding 68,184 Total $ 11,500,000 WHEREAS, the Governing Body hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; NOW, THEREFORE, S-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The City Secretary is hereby authorized to cause to be published notice of the Governing Body's intention to issue the Certificates in one or more series (the interest on which on which may or may not be included in the gross income of the holders thereof for purposes of federal income taxation) and in aggregate amount not to exceed $11,500,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage improvements and landscaping incidental thereto, (2) acquiring public works (street repair) vehicles and public safety (fire) vehicles, (3) acquiring, purchasing, constructing, renovating, improving, equipping, repairing, enlarging and/or extending City community and parks and recreation facilities that are generally accessible to the public and is part of the City's park system, (4) purchasing real property, materials, supplies, equipment, information technology, machinery, landscaping, land, and rights of way for authorized needs and purposes related to the aforementioned capital improvements, and (5) the payment of professional services related to the acquisition, design, construction, project management, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's municipally owned utility system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, the date of the first publication shall be at least forty-six (46) days prior to the date stated therein for passage of the Resolution authorizing the issuance of the Certificates. Additionally, the City Secretary shall cause the notice described in Section 1 to be posted continuously on the City's website for at least forty-five (45) days prior to the date stated therein for passage of the Resolution authorizing the issuance of the Certificates. SECTION 3. The City Secretary isdirected to maintain a copy of this Resolution in the City's official records in a manner that will allow any member of the general ,public to review this Resolution during the normal business hours of the City during the period beginning thirty (30) days after the adoption hereof and ending on the date of issuance of the Certificates. SECTION 4. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. S-1 SECTION 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Goverment Code. SECTION 8. The City Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. SECTION 9. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED on the 10"' day of December 2024. ATTEST: �99y City Secretary CITY OF CIBOLO, TEXAS S-1 EXHIBIT A CITY OF CIBOLO, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Cibolo, Texas will convene at its regular meeting place in the City Council, Chambers at 200 S. Main, Cibolo, Texas 78108 at 6:30 P.M., Cibolo, Texas time, on February 11, 2025 (in the event the City Council will be unable to meet at the City Council Chambers, the City will post information on its website for attending the meeting by telephone, teleconference, or other electronic means as well as any additional information regarding the meeting should the time, date, or location change), and during such meeting, the City Council will consider the passage of a Resolution and take such actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation (the interest on which may or may not be included in the gross income of the holders thereof for purposes of federal income taxation) in an aggregate principal amount not to exceed $11,500;000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage (improvements) and landscaping incidental thereto, (2) acquiring public works (street repair) vehicles and public safety (fire) vehicles, (3) acquiring, purchasing, constructing, renovating, improving, equipping, repairing, enlarging and/or extending City community and parks and recreation facilities that are generally accessible to the public and is part of the City's park system, (4) purchasing real property, materials, supplies, equipment, information technology, machinery; landscaping, land, and rights of way for authorized needs and purposes related to the aforementioned capital improvements, and (5) the payment of professional services related to the acquisition, design, construction, project management, and financing of the aforementioned projects (collectively, the "Projects"), and for paying all or a portion of the legal, financial and engineering fees in connection with the Projects and the costs of issuance related to such hereinafter defined Certificates. Each series of certificates (together, the "Certificates") will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and, additionally, from a pledge of and lien on certain revenues derived from the operation of the City's municipally owned utility system. In accordance with Section 271.049, as amended, Texas Local Government Code, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $56,770,000.00; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $69,523,943.33; (iii) the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full is $18,669,263.89; (iv) the maximum interest rate for the Certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the Certificates to be authorized is February 1, 2045. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, and Chapter 1502, Texas Government Code, as amended, and the City's Home Rule Charter. I•WI /s/ Peggy Cimics City Secretary City of Cibolo, Texas A-2