RES 1543 12/13/2016 � O f C/
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"City of Choice"
RESOLUTION NO: 1543
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES
OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS
CONTAINED IN SECURITIES AND EXCHANGE COMMISSION
RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council (the City Council)of the City of 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 excluded for purposes of
federal income taxation, in an amount not to exceed $2,000,000 as provided pursuant to the
provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government
Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations
of the City to be incurred for making permanent public improvements and for other public
purposes, to-wit: (1) designing, constructing, renovating, improving, and equipping recreation
facilities within the City to be known as the Cibolo Sports Fields Complex and the Cibolo
Community Event Center and Complex, (2) the purchase of materials, supplies, equipment,
machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the
aforementioned capital improvements, and (3) the payment of professional services related to the
design, construction, project management, and financing of the aforementioned projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials of
the City must find to the best of their knowledge and belief, after reasonable investigation, that the
representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt
service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the Certificates (the Purchasers)to provide the
Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
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comply with the distribution requirements and continuing disclosure requirements contained in the
Securities and Exchange Commission Rule; and
WHEREAS, the City Council authorizes the Mayor, City Manager, Director of Finance,
and the City Secretary, as appropriate, or their designees, to review, approve, and execute any
document or certificate in order to allow the City to comply with the requirements contained in the
Securities and Exchange Commission Rule; and
WHEREAS,prior to the issuance of the Certificates,the City Council is required to publish
notice of its intention to issue the Certificates in a newspaper of general circulation in the City,
such notice stating(i)the time and place the City Council tentatively proposes to pass the ordinance
authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued,
(iii)the purposes for which the Certificates are to be issued, (iv) and the manner in which the City
Council proposes to pay the Certificates; and
WHEREAS, the City Council hereby finds and determines that such documents pertaining
to the sale of the Certificates should be approved, and the City should proceed with the giving of
notice of intention to issue the Certificates in the time, form, and manner provided by law; and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City; now, therefore,
THAT:BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$2,000,000 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)designing,constructing,
renovating, improving, and equipping recreation facilities within the City to be known as the
Cibolo Sports Fields Complex and the Cibolo Community Event Center and Complex, (2) the
purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for
authorized needs and purposes relating to the aforementioned capital improvements, and (3) the
payment of professional services related to the design, construction, project management, and
financing of the aforementioned projects. The Certificates will be payable from the levy of an
annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within
the City and additionally from a pledge of and lien on certain revenues derived from the operation
of the City's combined utility system. The notice hereby approved and authorized to be published
shall read substantially in the form and content of Exhibit A attached hereto, which notice is
incorporated herein by reference as a part of this Resolution for all purposes.
SECTION 2. The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City,once a week for two consecutive weeks,
the date of the first publication shall be at least thirty (30) days prior to the date stated therein for
passage of the ordinance authorizing the issuance of the Certificates.
SECTION 3. The Mayor, City Manager, Director of Finance, and the City Secretary, as
appropriate, or their designees, are authorized to review and approve the Official Statement
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pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
certificate in order to comply with the requirements contained in the Securities and Exchange
Commission Rule.
SECTION 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
SECTION 6. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 7. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid,and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 8. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
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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PASSED AND APPROVED, this the 13th day of December, 2016.
CITY OF CIBOLO, TEXAS
Allen D nn
Mayor
ATTEST:
Peggy Cimics, TRMC
City Secretary
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Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF CIBOLO, TEXAS
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 Hall in Cibolo, Texas,at 6:30 o'clock P.M., Cibolo,
Texas time on January 24, 2017, and, during such meeting, the City Council will consider the
passage of an ordinance or ordinances and take such other actions as may be deemed necessary to
authorize the issuance of one or more series of certificates of obligation in an aggregate principal
amount not to exceed $2,000,000 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) designing, constructing, renovating, improving, and equipping recreation facilities
within the City to be known as the Cibolo Sports Fields Complex and the Cibolo Community Event
Center and Complex, (2) the purchase of materials, supplies, equipment, machinery, landscaping,
land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital
improvements, and (3) the payment of professional services related to the design, construction,
project management, and financing of the aforementioned projects. The certificates of obligation
(the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations
prescribed by law, upon all taxable property within the City and from a lien on and pledge of
certain revenues derived by the City from the operation of the City's utility system. The
Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the
Certificate of Obligation Act of 1971, as amended, Texas Local Government Code
Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code,
and the City's Home Rule Charter.
/s/ Peggy Cimics
City Secretary,
City of Cibolo, Texas
27556916.2 A-I
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITY OF CIBOLO §
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 13th day of December, 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
(the Meeting), the duly constituted members of the Council being as follows:
Allen Dunn Mayor
Jay Hogue Mayor Pro Tem
Jennifer Schultes Councilmember
Verlin "Doug" Garrett Councilmember
Marchell Camp-Gebhardt Councilmember
Ted Gibbs Councilmember
Jim Russell Councilmember
Glenn R. Weber Councilmember
and all of such persons were present at the Meeting, except the following:
thus constituting a quorum. Among other business considered at the
Meeting, the attached resolution (the Resolution) entitled:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF
OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED
IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND
PROVIDING AN EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoption. After presentation and
discussion of the Resolution, a motion was made by w„C /u ,, Cd4^a, -
that the Resolution be finally passed and adopted in accordance with the City's Home Rule
Charter. The motion was seconded by C o11c,/.„AL ; Chi!� and carried by the following vote:
-z voted "For" (;� voted "Against" —�6 abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council of the City on
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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 13th day of December, 2016.
City Secretary,
City of Cibolo, Texas
(CITY SEAL)
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