RES 1496 09/09/2014 0 F cl,.
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RESOLUTION NO. 14 9 6
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING A SOUTHERN PLANT WASTEWATER
SERVICES AND FUNDING AGREEMENT BETWEEN THE CIBOLO
CREEK MUNICIPAL AUTHORITY, THE CITY OF SCHERTZ,
TEXAS,AND THE CITY OF CIBOLO, TEXAS; AND OTHER MATTERS
IN CONNECTION THEREWITH
WHEREAS, the City Council (the Council) of the City of Cibolo, Texas (the City) has
previously discussed and desires to participate in the design, acquisition, construction, and
equipment of a new regional wastewater system (the Southern Plant) that will be owned,
managed, maintained, operated, and potentially expanded by the Cibolo Creek Municipal
Authority (the Authority); and
WHEREAS, the City Council of the City of Schertz, Texas (Schertz) and the Board of
Directors of the Authority also want to participate in the design, acquisition, construction, and
equipment of the Southern Plant; and
WHEREAS, the City, Schertz, and the Authority anticipate the issuance of obligations
designated as "Cibolo Creek Municipal Authority Contract Revenue Bonds, Series 2014
(Southern Wastewater Treatment Plant Project)", dated September 1, 2014, in the principal
amount not to exceed $7,000,000 (the Obligations) to finance the costs to design, acquire,
construct, and equip the Southern Plant and to pay the costs of issuing the Obligations; and
WHEREAS, the Authorityexpects to receive the proceeds of the Obligations on or about
October 16, 2014; and
WHEREAS, the agreement attached hereto in substantially final form as Exhibit A (the
Agreement) has been approved by the Board of Directors of the Authority and is anticipated to be
approved by the Schertz City Council on or about August 26, 2014; and
WHEREAS, the Authority, the City, and Schertz are authorized to enter into this
Agreement pursuant to Chapter 8166 of the Texas Special District Local Laws Code, Chapter
791 of the Texas Government Code, Chapter 30 of the Texas Water Code, and other applicable
laws;
WHEREAS, the Council hereby finds and determines the adoption of this Resolution and
the execution of the Agreement are in the best interests of the residents of the City; NOW,
THEREFORE,
53664594.1
THAT:BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
SECTION 1. The Agreement, attached hereto in substantially final form as Exhibit A, is
incorporated by reference to this Resolution for all purposes, is hereby approved by the Council.
SECTION 2. The Mayor, Mayor Pro Tem, and the City Secretary of the City are hereby
authorized to execute and seal the Agreement.
SECTION 3. The Mayor, Mayor Pro Tem, City Manager, and/or City Secretary (each
an Authorized Official) are authorized to approve any nonsubstantive changes to the Agreement
in order that the Agreement may be finalized. An Authorized Official shall present the finalized
version of the Agreement at the next Council meeting after the Agreement is finalized.
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 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 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.
53664594.1 -2-
PASSED AND APPROVED, this the 91hdayof September, 2014.
CITY OF CIBOLO, TEXAS
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ATTEST: Lisa M. Jackson, ay-or
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Peggy Cimics, City Secretary
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53664594.1 -3-
EXHIBIT A
SOUTHERN PLANT WASTEWATER SERVICES AND FUNDING AGREEMENT
53664594.1 A-1