RES 1536 06/14/2016 C
L) r o
TEXAS
"City of Choice"
Resolution No . 1536 FINAL
RESOLUTION APPROVING A BOND RESOLUTION ADOPTED BY THE
BOARD OF TRUSTEES OF THE CANYON REGIONAL WATER
AUTHORITY AUTHORIZING THE ISSUANCE OF OBLIGATIONS
DESIGNATED AS "CANYON REGIONAL WATER AUTHORITY TAX-
EXEMPT CONTRACT REVENUE REFUNDING BONDS (WELLS RANCH I
PROJECT), SERIES 2016"; APPROVING AMENDMENT NO. 3 TO THE
WATER SUPPLY CONTRACT BETWEEN THE CITY OF CIBOLO, TEXAS,
SAN ANTONIO WATER SYSTEM, GREEN VALLEY SPECIAL UTILITY
DISTRICT, EAST CENTRAL SPECIAL UTILITY DISTRICT, THE CITY OF
MARION, TEXAS, CRYSTAL CLEAR SPECIAL UTILITY DISTRICT,
SPRINGS HILL WATER SUPPLY CORPORATION AND THE CANYON
REGIONAL WATER AUTHORITY; AUTHORIZING THE MAYOR AND
THE CITY MANAGER OF THE CITY OF CIBOLO, TEXAS TO EXECUTE
ON BEHALF OF THE CITY OF CIBOLO, TEXAS ALL DOCUMENTS,
INCLUDING AN APPROVAL CERTIFICATE AFTER THE REFUNDING
BONDS ARE SOLD, IN CONNECTION WITH THIS TRANSACTION; AND
OTHER MATTERS IN CONNECTION THEREWITH
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CIBOLO, TEXAS THAT:
Section 1. The City Council of the City of Cibolo, Texas (the "City") has reviewed
and hereby approves (i) the "Bond Resolution", including the factual findings contained therein
and the parameter limitations set forth in Section 1 of the Bond Resolution, adopted by the Board
of Trustees of the Canyon Regional Water Authority relating to the issuance of obligations
designated as "Canyon Regional Water Authority Tax-Exempt Contract Revenue Refunding
Bonds (Wells Ranch I Project), Series 2016" (the "Bonds") to be sold within 180 days from the
approval date hereof, (ii) Amendment No. 3 to the Water Supply Contract (the "Amendment"),
including the factual findings contained therein, to be executed between the City of Cibolo,
Texas, the San Antonio Water System, Green Valley Special Utility District, East Central
Special Utility District, the City of Marion, Texas, Crystal Clear Special Utility District, Springs
Hill Water Supply Corporation and the Canyon Regional Water Authority which provides certain
security for the payment of the Bonds (the Amendment No. 3 amends the terms of the Water
Supply Contract, dated as of May 1, 2007 (as previously amended) and entered into among the
parties named therein (the "Contract")), and (iii) the Sale and Offering Documents (as defined in
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the Contract). The Mayor (including the Mayor Pro Tem) or the City Manager (the "Authorized
Officials") of the City of Cibolo, Texas is hereby authorized to execute on behalf of the City any
and all documents in connection with this transaction, including the Approval Certificate (as
defined in the Bond Resolution). This resolution may be relied upon by the appropriate
representatives to this transaction including the Texas Attorney General in their review and
approval of this transaction.
Section 2. The City Council recognizes that Section 50 of the Bond Resolution
contains covenants of the Authority relating to the Bonds. Since certain financial information,
financial status, operating data, and annual audits of the City's utility system will be entirely
within the control and disposition of the City, and the Sale and Offering Documents (the
"Offering Documents"), describes a continuing disclosure undertaking agreement (the
"Undertaking") of the City, the City Council specifically adopts the covenants hereinafter
described, which comprise the Undertaking, and shall comply therewith for so long as all or any
portion of the Special Payments made by the City under the Contract act as security for or a
source of repayment of the Bonds.
A. Definitions.
As used in this Section, the following terms have the meanings ascribed to such terms
below:
EMMA means the MSRB's Electronic Municipal Market Access system, accessible by
the general public, without charge, on the internet through the uniform resource locator (URL)
http://www.emma.msrb.org.
MSRB means the Municipal Securities Rulemaking Board.
Rule means SEC Rule 15c2-12, as amended from time to time.
SEC means the United States Securities and Exchange Commission.
B. Annual Reports.
The City shall file annually with the MSRB, (1) within six months after the end of each
fiscal year of the City ending in or after 2016, financial information and operating data with
respect to the City of the general type included in the Offering Documents authorized by Section
50 of the Bond Resolution, being the information described in Exhibit A hereto, and (2) if not
provided as part of such financial information and operating data, audited financial statements of
the City, when and if available. Any financial statements so to be provided shall be (i)prepared
in accordance with the accounting principles described in Exhibit A 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 (ii) audited, if the City commissions an audit of such financial statements
and the audit is completed within the period during which they must be provided. If the audit of
such financial statements is not complete within such period, then the City shall file unaudited
financial statements within such period and audited financial statements for the applicable fiscal
year to the MSRB, when and if the audit report on such financial statements becomes available.
Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local
36120799.3 -2-
Government Code, the City must have its records and accounts audited annually and shall have
an annual financial statement prepared based on the audit. The annual financial statement,
including the auditor's opinion on the statement, shall be filed in the office of the City Secretary
within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this
financial statement and the annual audit, these documents are subject to the Texas Open Records
Act, as amended, Texas Government Code, Chapter 552.
If the City changes its fiscal year, it will file notice of such change (and of the date of the
new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be
required to provide financial information and operating data pursuant to this Section.
C. Notice of Certain Events.
The City shall file notice of any of the following events with respect to the Bonds to the
MSRB in a timely manner and not more than 10 business days after occurrence of the event:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other
material notices or determinations with respect to the tax status of the Bonds, or other material
events affecting the tax status of the Bonds;
(7) Modifications to rights of holders of the Bonds, if material;
(8) Bond calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the Bonds, if
material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall
occur as described below;
(13) The consummation of a merger, consolidation, or acquisition involving the City
or the sale of all or substantially all of its assets, other than in the ordinary course of business, the
entry into of a definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material; and
36120799.3 -3-
(14) Appointment of a successor or additional paying agent/registrar or the change of
name of a paying agent/registrar, if material.
For these purposes, any event described in the immediately preceding paragraph (12) is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any
other proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the City, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the City.
The City shall file notice with the MSRB, in a timely manner, of any failure by the City
to provide financial information or operating data in accordance with this Section by the time
required by this Section.
D. Limitations, Disclaimers, and Amendments.
The City shall be obligated to observe and perform the covenants specified in this Section
for so long as, but only for so long as, the City remains an "obligated person" with respect to the
Bonds within the meaning of the Rule, except that the City in any event will give notice of any
deposit that causes the Bonds to be no longer Outstanding.
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.
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No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under the Bond Resolution for purposes of any other provision
of the Bond Resolution.
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 the Bond Resolution 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
lawfully purchasing or selling 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, the City 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.
E. Information Format—Incorporation by Reference.
The City information required under this Section shall be filed with the MSRB through
EMMA in such format and accompanied by such identifying information as may be specified
from time to time thereby. Under the current rules of the MSRB, continuing disclosure
documents submitted to EMMA must be in word-searchable portable document format (PDF)
files that permit the document to be saved, viewed, printed, and retransmitted by electronic
means and the series of obligations to which such continuing disclosure documents relate must
be identified by CUSIP number or numbers.
Financial information and operating data to be provided pursuant to this Section may be
set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document) available to the public
through EMMA or filed with the SEC.
Section 3. Authorized Officials of the City will review and approve the Offering
Documents. Information appearing in the Offering Documents concerning the City (including,
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particularly, the description of the Undertaking and in Appendix B thereto), as of its date, were
and are true and correct in all material respects. Insofar as the City and its affairs, including its
financial affairs, are concerned, such Offering Documents did not and does not contain an untrue
statement of a material fact or omit to state a material fact required to be stated therein or
necessary to make the statements therein, in the light of the circumstances under which they were
made, not misleading. Insofar as the descriptions and statements, including financial data, of or
pertaining to entities, other than the City, and their activities contained in such Offering
Documents are concerned, such statements and data have been obtained from sources which the
City believes to be reliable, and the City has no reason to believe that they are untrue in any
material respect.
Section 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 5. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such
conflict, and the provisions of this Resolution shall be and remain controlling as to the matters
resolved herein.
Section 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 7. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 8. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
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36120799.3 -6-
APPROVED THIS THE 14th DAY OF JUNE, 2016.
ATTEST:
y
City Secretary Mayor
36120799.3 S-1
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 50 of the Authority's Bond
Resolution.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
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 referenced in the
Official Statement, 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.
36120799.3 A-1
FINAL
AMENDMENT NO. 3 TO THE 2007 WATER SUPPLY CONTRACT
(WELLS RANCH PROJECT) BETWEEN THE CANYON REGIONAL
WATER AUTHORITY, CITY OF SAN ANTONIO, TEXAS, ACTING BY
AND THROUGH THE SAN ANTONIO WATER SYSTEM (AS
SUCCESSOR IN INTEREST TO THE BEXAR METROPOLITAN
WATER DISTRICT), CITY OF CIBOLO, TEXAS, CITY OF MARION,
TEXAS, EAST CENTRAL SPECIAL UTILITY DISTRICT, GREEN
VALLEY SPECIAL UTILITY DISTRICT, CRYSTAL CLEAR SPECIAL
UTILITY DISTRICT, AND SPRINGS HILL WATER SUPPLY
CORPORATION
This third amendment (the "Amendment No. 3") to the Water Supply Contract originally
dated May 1, 2007 (the "Contract"), as previously amended on June 8, 2009 by Amendment
No. 1 ("Amendment No. 1") and as previously amended by an Amendment No. 2 dated
October 24, 2011 (the "Amendment No. 2"), is made by and among the CANYON REGIONAL
WATER AUTHORITY, a regional water authority created under and essential to accomplish the
purposes of Article XVI, Section 59 of the Constitution of the State of Texas (the "Authority"),
and the CITY OF SAN ANTONIO, TEXAS, ACTING BY AND THROUGH THE SAN
ANTONIO WATER SYSTEM ("SAWS") (AS SUCCESSOR IN INTEREST TO THE BEXAR
METROPOLITAN WATER DISTRICT), CITY OF CIBOLO, TEXAS, CITY OF MARION,
TEXAS, EAST CENTRAL SPECIAL UTILITY DISTRICT, GREEN VALLEY SPECIAL
UTILITY DISTRICT, CRYSTAL CLEAR SPECIAL UTILITY DISTRICT, AND SPRINGS
HILL WATER SUPPLY CORPORATION (collectively, the "Original Participating Members",
which, together with any Additional Participating Members as hereinafter defined, are
collectively or individually referred to herein as "Participating Members"). Capitalized terms
used herein and not otherwise defined shall have the meanings assigned in the Contract.
WITNESSETH:
WHEREAS, each of the Participating Members under the Contract has agreed to pay, on
a take-or-pay basis, its share of costs of the Project, the Project Costs, and the Bonds in the time
and manner as set forth in the Contract and in each of the previous Bond Resolutions; and
WHEREAS, the Crystal Clear Special Utility District, formerly Crystal Clear Water
Supply Corporation, has been converted to a special utility district pursuant to a special act of the
Texas Legislature and as such is a political subdivision of the State of Texas; and
WHEREAS, pursuant to authority granted by the 82nd Regular Texas Legislature through
its enrollment of Senate Bill 341 (SB 341), the City Council (the City Council) of the City of San
Antonio, Texas (the City) adopted Ordinance No. 2011-10-20-0845 (the DSP Ordinance) for the
purpose of creating and prescribing the terms of operation of the District Special Project (as
further defined and described herein, the District Special Project or the DSP) to accommodate
and accomplish the assumption by the City, acting by and through the San Antonio Water
System (SAWS), of the Bexar Metropolitan Water District (the District) upon its dissolution; and
36121087.5
WHEREAS, District voters approved the dissolution of the District and its assumption by
SAWS at an election held within the District on November 8, 2011; and
WHEREAS, by operation of law, the City assumed the responsibility of operating and
maintaining the District on January 28, 2012 (as further defined and described herein, the SAWS
Transfer); and
WHEREAS, as required by and in accordance with the provisions of SB 341, the Texas
Commission on Environmental Quality, on March 1, 2012, executed an Order (TCEQ Docket
No. 2012-0421-MLM) that transferred and assigned to the City, acting by and through SAWS,
all (i) rights and duties of the District, including existing contracts, duties, assets, and obligations
of the District, (ii) files records, and accounts of the District, including those that pertain to the
control, finances, management, and operation of the District, and (iii) permits, approvals, and
certificates necessary to provide water services (collectively, the Transferred Interests); and
WHEREAS, the DSP is a"special project", as such term is defined in the City ordinances
authorizing the issuance of those City obligations supported by a lien on and pledge of certain
revenues of the City's combined water, wastewater, and chilled water systems (the City System);
and
WHEREAS, the DSP is operated as a component unit and a department of SAWS and no
revenues of the City System shall be used in support of the combined waterworks system
comprising the DSP (as further defined and described herein, the DSP System) until such time as
the DSP System and the City System are integrated in accordance with the terms SB 341 and the
DSP Ordinance (as further described and defined herein, System Integration); and
WHEREAS, the Transferred Interests, including the DSP System and outstanding District
obligations supported by a lien on and pledge of certain revenues of the DSP System (as further
described and defined herein, the DSP Debt Obligations), are held by the City within the DSP;
and
WHEREAS, in the DSP Ordinance, the City assumed the operational covenants relating
to the DSP System made by the District in connection from time to time with its issuance of the
DSP Debt Obligations for the benefit of the holders of such DSP Debt Obligations, and which
covenants include limitations on the City's ability to issue additional indebtedness secured by a
lien on and pledge of the DSP System revenues;
WHEREAS, the assumption of the District by the City, acting by and through SAWS,
and its creation and utilization of the DSP to hold the Transferred Interests until System
Integration, as well as the conduct and results of the Election and other matters relating to the
foregoing, were validated by order of the 410th Judicial District Court of Travis County, Texas
(Cause No. D-1-GV-12-000115), entered on March 5, 201.2, in a declaratory judgment
proceeding initiated by the City under the provisions of Chapter 1205, as amended, Texas
Government Code, which order became unappeallable on April 4, 2012; and
WHEREAS, on February 25, 2016, the City issued obligations designated as (i) City of
San Antonio, Texas Water System Junior Lien Revenue Refunding Bonds, Series 2016A (No
Reserve Fund) and (ii) City of San Antonio, Texas Water System Junior Lien Revenue
Refunding Bonds, Taxable Series 2016B (No Reserve Fund) to redeem and defease all
outstanding DSP Debt Obligations;
36121087.5 - 2 -
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and subject to the terms and conditions hereinafter set forth, the Authority and each of
the Participating Members agree and contract as follows:
Section 1: Each of the Participating Members hereby agrees to Amendment No. 3 to
reflect SAWS as the successor entity to Bexar Metropolitan Water District and the conversion of
Crystal Clear Water Supply Corporation to Crystal Clear Special Utility District and to confirm,
approve, and ratify their Annual Payment obligations and other contractual obligations as set
forth in the Contract and as specified in Exhibit A thereto and hereto;
Section 2: Exhibit A of the Contract is amended to read as Exhibit A attached hereto.
Section 3: This Amendment No. 3 shall be construed and governed in accordance
with the laws of the State of Texas. Except as provided by this Amendment No. 3, the Contract,
including Amendment No. 1 and Amendment No. 2, is hereby ratified, reconfirmed, and
readopted by the Authority and each Participating Member.
Section 4: This Amendment No. 3 may be executed in several counterparts, each of
which shall be deemed an original and all of which shall constitute but one and the same
instrument.
Section 5: This Amendment No. 3 supersedes and takes the place of any and all
previous agreements (except the Contract, Amendment No. 1, and Amendment No. 2) entered
into among the parties hereto with respect to the subject matter hereof. All other provisions of
the Contract, not specifically amended herein are hereby confirmed and ratified.
Section 6: The persons signing this Amendment No. 3 are duly authorized to execute
it on behalf of such party, and each party warrants that it is authorized to execute and deliver this
Amendment No. 3 and to perform it duties hereunder.
Section 7: Goods and Services; Waiver of Sovereign Immunity; Limitation on
Damages. The Participating Members under the Contract agree that the mutual commitment
stated in the Contract to provide water, emergency water service, water treatment services, and
funding for utility system improvements constitute an agreement by each party for providing
goods and services to the other parties, and that the Contract, as amended, is subject to Chapter
271, Subchapter 1, of the Texas Local Government Code. In addition, each Participating Party
(recognizing that SAWS was not a Participating Member to the original Contract, but is a party
to Amendment No. 3 to the Contract) agrees that the services provided by this Contract are
governmental acts and not proprietary acts.
Section 8. This Amendment No. 3 has been entered into as of June 14, 2016.
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36121087.5 - 3 -
CANYON REGIONAL WATER AUTHORITY
Chairman
(Seal)
Secretary
36121087.5 S-1
CITY OF SAN ANTONIO, TEXAS, ACTING BY AND
THROUGH THE SAN ANTONIO WATER SYSTEM (AS
SUCCESSOR IN INTEREST TO THE BEXAR
METROPOLITAN WATER DISTRICT)
Berto Guerra, Jr., Chairman
(Seal)
Ernesto Arrellano, Jr, Secretary
36121087.5 S-2
CITY OF CIBOLO, TEXAS
Mayor
(Seal)
City Secretary
36121087.5 S-3
CITY OF MARION, TEXAS
Mayor
(Seal)
City Secretary
36121087.5 S-4
CRYSTAL CLEAR SPECIAL UTILITY DISTRICT
President, Board of Directors
(Seal)
Secretary/Treasurer, Board of Directors
36121087.5 S-5
EAST CENTRAL SPECIAL UTILITY DISTRICT
President, Board of Directors
(Seal)
Secretary, Board of Directors
36121087.5 S-6
GREEN VALLEY SPECIAL UTILITY DISTRICT
President, Board of Directors
(Seal)
Secretary/Treasurer, Board of Directors
36121087.5 S-7
SPRINGS HILL WATER SUPPLY CORPORATION
President, Board of Directors
(Seal)
Secretary, Board of Directors
36121087.5 S-8
EXHIBIT A [UPDATE]
Allocation and Maximum Rate of Flow
Plant Capacity Percent of Instantaneous
In A/F Ownership (%) GPM Daily Peak(GPM)
San Antonio Water System 2800 53.85 1,735.89 2,256.65
City of Cibolo 700 13.46 433.97 564.16
East Central Special Utility District 500 9.62 309.98 402.97
Green Valley Special Utility District 700 13.46 433.97 564.16
City of Marion 100 1.92 62.00 80.59
Springs Hill Water Supply Corporation 100 1.92 62.00 80.59
Crystal Clear Special Utility District 300 5.77 185.99 241.78
TOTALS 5,200 100% 3,223.80 4,190.90
36121087.5 A-1
GENERAL CERTIFICATE OF THE CITY
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITY OF CIBOLO §
We, the undersigned Mayor and City Manager of the City of Cibolo, Texas (the "City"),
DO HEREBY CERTIFY as follows:
1. Relative to Incorporation. The City is duly incorporated under the general laws of
the State of Texas, is a home rule municipality and is operating pursuant to Article XI, Section 5
of the Texas Constitution.
2. Relative to No-Default. Exhibit A reflects all of the bonds and other obligations
of the City. The City is not in default as to any covenant, condition or obligation contained in
the ordinances or resolutions authorizing the issuance of the outstanding bonds of the City shown
on Exhibit A, and it has made, and intends to make, its required payments under the Contract(as
defined below); and there is on hand in the special funds created for the payment and security of
the aforesaid obligations the amounts now required to be on deposit therein.
3. Relative to Rate and Charges. The rates now being charged by the City for utility
services provided by the City's System are as shown on Exhibit B.
4. Relative to City Officials. The duly qualified and acting officials of the City are
as follows:
Allen Dunn Mayor
Jay Hogue Mayor Pro Tem, District 6
Jennifer Schultes Councilmember, District 1
Verlin"Doug" Garrett Councilmember, District 2
Marchell Camp-Gebhardt Councilmember, District 3
James "Jim" Doty Jr. Councilmember, District 4
Jim Russell Councilmember, District 5
Glenn Weber Councilmember, District 7
Robert T. Herrera City Manager
Peggy Cimics City Secretary
5. Relative to Utility System. A schedule of the gross revenues, operating expenses
and net revenues of the City's Utility System for the years stated is shown on Exhibit C.
6. Relative to Debt Service Requirements and Sufficiency of Rates. The average
annual debt service requirement for the City's obligations with respect to the Bonds (as defined
in the Contract) and with respect to the City's outstanding obligations is shown on Exhibit D
("Debt Service"). The City has covenanted in the Contract to establish, assess, and collect rates
sufficient to make contract payments sufficient to make the "Annual Payments" and "Special
36120778.3
Payments" (as defined in the Bond Resolution) to pay the City's Debt Service on the Bonds. To
the extent the amount available for debt service (as shown on Exhibit C-"Available for Debt
Service") is insufficient to cover the Debt Service and the City's existing contractual obligations,
the City covenants to increase its rates in an amount sufficient to pay the difference.
7. Relative to the Contract. The Water Supply Contract, dated May 1, 2007,
Amendment No. 1 dated as of June 8, 2009, together with Amendment No. 2 dated as of
October 24, 2011, and Amendment No. 3 dated as of June 14, 2016 (the "Contract"), between
the Canyon Regional Water Authority (the "Authority") and the City has been duly authorized
and is in compliance with any applicable statutory requirements. The Contract, as amended, as
submitted to the Attorney General of Texas, is still in full force and effect and has not otherwise
been amended or has not been rescinded. No litigation is pending or threatened concerning the
title or authority of the officers or concerning the Contract. The Bond Resolution (as defined in
the Contract) and the Sale and Offering Documents (as defined in the Contract) comply with the
Contract. The City has approved the Bond Resolution authorizing the issuance of not to exceed
$46,000,000 Canyon Regional Water Authority Tax-Exempt Contract Revenue Refunding
Bonds (Wells Ranch I Project), Series 2016 (the `Bonds") and acknowledges that the payment of
principal of and interest on such Bonds is payable from the Annual Payments to be made by the
Authority under and pursuant to the Contract.
8. Relative to Signature Identification. Appearing below are the true and correct
signatures of the persons holding the offices of Mayor and City Manager. By his signature
hereon, the Mayor certifies that the signature of the City Manager appearing hereon is his
genuine signature and by his signature hereon, the City Manager certifies that the signature of the
Mayor appearing hereon is his genuine signature.
Authorization of Attorney General to Date Certificate
9. This certificate is submitted pursuant to Title 1, Chapter 53, Texas Administrative
Code. Upon the approval of the Bonds by the Attorney General of the State of Texas, he is
authorized to date this certificate as of the date of such approval. If any litigation should
develop, or if any other event should occur which should make this certificate inaccurate before
the Attorney General's approval of the Bonds, we will notify the Attorney General at once by
both telephone and facsimile transmission. With this assurance, the Attorney General is entitled
to rely on the accuracy of this certificate at the time of approval of the Bonds unless we advise
him otherwise.
36120778.3 2
WITNESS MY HAND AND SEAL of the City this
Mayor
City of Cibolo
(City Seal)
City Manager
City of Cibolo
36120778.3 S-1
EXHIBIT A
OUTSTANDING OBLIGATIONS OF THE CITY
1. Utility System Revenue Bonds, Series 2006 $1,740,000.00
2. Utility System Revenue Bonds, Series 2012 6,660,000.00
TOTAL $8,400,000.00
36120778.3 A-1
EXHIBIT B
UTILITY RATES
36120778.3 B-1
EXHIBIT C
SCHEDULE OF GROSS REVENUES, OPERATING
EXPENSES &NET REVENUES
36120778.3 C-1
EXHIBIT D
COMBINED DEBT SERVICE
36120778.3 D-1
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITY OF CIBOLO §
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 14th day of June, 2016, the City Council (the Council) of the City of
Cibolo, Texas (the City) convened in regular session at its regular meeting place in the City Hall
of the City (the Meeting), the duly constituted members of the Council being as follows:
Allen Dunn Mayor
Jay Hogue Mayor Pro Tem, District 6
Jennifer Schultes Councilmember, District 1
Verlin "Doug" Garrett Councilmember, District 2
Marchell Camp-Gebhardt Councilmember, District 3
James "Jim" Doty Jr. Councilmember, District 4
Jim Russell Councilmember, District 5
Glenn Weber Councilmember, District 7
and all of such persons were present at the Meeting, except the following:
thus constituting a quorum. Among other business considered at the
Meeting, the attached resolution (the Resolution) entitled:
RESOLUTION APPROVING A BOND RESOLUTION ADOPTED BY THE
BOARD OF TRUSTEES OF THE CANYON REGIONAL WATER
AUTHORITY AUTHORIZING THE ISSUANCE OF OBLIGATIONS
DESIGNATED AS "CANYON REGIONAL WATER AUTHORITY TAX-
EXEMPT CONTRACT REVENUE REFUNDING BONDS (WELLS RANCH I
PROJECT), SERIES 2016"; APPROVING AMENDMENT NO. 3 TO THE
WATER SUPPLY CONTRACT BETWEEN THE CITY OF CIBOLO, TEXAS,
SAN ANTONIO WATER SYSTEM, GREEN VALLEY SPECIAL UTILITY
DISTRICT, EAST CENTRAL SPECIAL UTILITY DISTRICT, THE CITY OF
MARION, TEXAS, CRYSTAL CLEAR SPECIAL UTILITY DISTRICT,
SPRINGS HILL WATER SUPPLY CORPORATION AND THE CANYON
REGIONAL WATER AUTHORITY; AUTHORIZING THE MAYOR AND
THE CITY MANAGER OF THE CITY OF CIBOLO, TEXAS TO EXECUTE
ON BEHALF OF THE CITY OF CIBOLO, TEXAS ALL DOCUMENTS,
INCLUDING AN APPROVAL CERTIFICATE AFTER THE REFUNDING
BONDS ARE SOLD, IN CONNECTION WITH THIS TRANSACTION; AND
OTHER MATTERS IN CONNECTION THEREWITH
36120898.1
was introduced and submitted to the Council for passage and adoption. After presentation and
due consideration of the Resolution, a motion was made by Councilmember v 1, ,E. - that
the Resolution be finally passed and adopted in accordance with the City's Home Rule Charter.
The motion was seconded by Councilmember and carried by the following vote:
_7 voted "For" voted "Against" abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council on the date of
the Meeting are those persons shown above, and, according to the records of my office, each
member of the Council was given actual notice of the time, place, and purpose of the Meeting
and had actual notice that the Resolution would be considered; and the Meeting and deliberation
of the aforesaid public business, was open to the public and written notice of said meeting,
including the subject of the Resolution, was posted and given in advance thereof in compliance
with the provisions of Chapter 551, as amended, Texas Government Code.
IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the
City, this 14th day of June, 2016.
1-50
,� 7, Z�,—�
City Secretary
City of Cibolo, Texas
(SEAL)
36120898.1