RES 1498 11/13/2014 o C,4s,
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RESOLUTION NO. 14qq
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN
CONNECTION THEREWITH
* * * * * * * * * * * * * * * * * * * * * *
WHEREAS, on August 12, 2014,the City Council (the CounciO of the City of Cibolo, Texas(the
City) ordered an election to be held on November 4, 2014 for the purpose of determining whether the
resident, qualified voters of the City would authorize the issuance of general obligation bonds by the City;
and
WHEREAS, the Council has reviewed and investigated all matters pertaining to this election,
including the resolving, notices, election officers,holding, and returns thereof; and
WHEREAS, the Council hereby canvasses the returns of this election, at which there were
submitted to all resident, qualified voters of the City for their action thereupon,the following proposition:
PROPOSITION 1
"Shall the City Council of the City of Cibolo,Texas be authorized to issue and sell one or
more series of general obligation bonds of the City in the aggregate principal amount of
not more than $7,000,000 for the purpose of making permanent public improvements or
other public purposes, to wit: providing streets, bridges, and sidewalks improvements (as
well as necessary improvements incidental thereto), including mobility and transportation
improvements to FM 1103, relocating utilities, street lighting, technology improvements,
and signage, acquiring lands and rights-of-way necessary for streets, bridges, and
sidewalks, and related landscaping, such bonds to mature serially or otherwise (not more
than forty (40) years from their date) in accordance with law; and any issue or series of
said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as
may be determined within the discretion of the City Council, provided that such rate of
interest shall not exceed the maximum rate per annum authorized by law at the time of
the issuance of any issue or series of said bonds; and shall the City Council of the City be
authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem
taxes, within the limitations prescribed by law, on all taxable property in said City
sufficient to pay the annual interest and provide a sinking fund to pay the bonds at
maturity and the cost of any credit agreements executed in connection with the bonds?"
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PROPOSITION 2
"Shall the City Council of the City of Cibolo, Texas be authorized to issue and sell one or
more series of general obligation bonds of the City in the aggregate principal amount of
not more than $4,000,000 for the purpose of making permanent public improvements or
other public purposes, to wit: acquiring, constructing, improving, renovating, and
equipping public safety facilities (to include a new fire station), acquiring lands and
rights-of-way necessary thereto, and completing related landscaping, such bonds to
mature serially or otherwise (not more than forty (40) years from their date) in
accordance with law; and any issue or series of said bonds to bear interest at such rate or
rates (fixed, floating,variable or otherwise) as may be determined within the discretion of
the City Council, provided that such rate of interest shall not exceed the maximum rate
per annum authorized by law at the time of the issuance of any issue or series of said
bonds; and shall the City Council of the City be authorized to levy and pledge, and cause
to be assessed and collected, annual ad valorem taxes, within the limitations prescribed
by law, on all taxable property in said City sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements
executed in connection with the bonds?"
PROPOSITION 3
"Shall the City Council of the City of Cibolo, Texas be authorized to issue and sell one or
more series of general obligation bonds of the City in the aggregate principal amount of
not more than $2,500,000 for the purpose of making permanent public improvements or
other public purposes, to wit: providing streets, bridges, and sidewalks improvements (as
well as necessary improvements incidental thereto), including designing, engineering,
and constructing improvements to Haeckerville Road, relocating utilities, street lighting,
technology improvements, and signage, acquiring lands and rights-of-way necessary for
streets, bridges, and sidewalks, and related landscaping, such bonds to mature serially or
otherwise (not more than forty (40) years from their date) in accordance with law; and
any issue or series of said bonds to bear interest at such rate or rates (fixed, floating,
variable or otherwise) as may be determined within the discretion of the City Council,
provided that such rate of interest shall not exceed the maximum rate per annum
authorized by law at the time of the issuance of any issue or series of said bonds; and
shall the City Council of the City be authorized to levy and pledge, and cause to be
assessed and collected, annual ad valorem taxes, within the limitations prescribed by law,
on all taxable property in said City sufficient to pay the annual interest and provide a
sinking fund to pay the bonds at maturity and the cost of any credit agreements executed
in connection with the bonds?"; and
WHEREAS, the Council has diligently inquired into the poll lists and the official election returns
which were duly and lawfully made to the Council by the judges and clerks holding and conducting such
election; the poll lists and the official election returns showing separately the votes cast in the election;
and
WHEREAS, from these returns, this Council hereby finds that the following votes were cast in
the election by voters who were resident, qualified voters of the City:
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41047257.1
PROPOSITION 1
"THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF CIBOLO, TEXAS
GENERAL OBLIGATION BONDS FOR STREETS, BRIDGES, AND SIDEWALK
IMPROVEMENTS (INCLUDING IMPROVEMENTS TO FM 1103), AND THE
LEVYING OF A TAX IN PAYMENT THEREOF"
For _Against
Early Votes -�,Z O"7 y q e� a
Provisional Votes 4P 6P
Election Day Votes / 5 O / 5 I
TOTAL 3 5-7 S 141-5
PROPOSITION 2
"THE ISSUANCE OF NOT TO EXCEED $4,000,000 OF CITY OF CIBOLO, TEXAS
GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES
(INCLUDING A NEW FIRE STATION), AND THE LEVYING OF A TAX IN
PAYMENT THEREOF"
For Against
Early Votes a O `7 ql5 a
Provisional Votes 4. 46
Election Day Votes l y -7 O 6 /
TOTAL .5 `tI /y -7 /
PROPOSITION 3
"THE ISSUANCE OF NOT TO EXCEED $2,500,000 OF CITY OF CIBOLO, TEXAS
GENERAL OBLIGATION BONDS FOR STREETS, BRIDGES, AND SIDEWALK
IMPROVEMENTS (INCLUDING IMPROVEMENTS TO HAECKERVILLE ROAD),
AND THE LEVYING OF A TAX IN PAYMENT THEREOF"
For Against
Early Votes / � / /O -3
Provisional Votes 46
Election Day Votes / .3 d a 7 `K`/
TOTAL 3 / / $ -9�
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41047257A
NOW, THEREFORE,
IT IS ACCORDINGLY FOUND, DECLARED, AND ORDAINED BY
THE CITY COUNCIL OF
THE CITY OF CIBOLO, TEXAS THAT:
SECTION 1: The Council officially finds, determines, and declares that the election was duly
and properly ordered,that proper legal notice of such election was duly given in the English language and
the Spanish language (to the extent required by law), that proper election officers were duly appointed
prior to the election, that the election was duly and legally held, that all resident, qualified voters of the
City were permitted to vote at the election, that due returns of the results of the election had been made
and delivered, and that the Council has duly canvassed such returns, all in accordance with the laws of the
State of Texas and of the United States of America, and the order calling the election.
SECTION 2: A MAJORITY of the resident, qualified voters of the City of Cibolo, Texas
voting in such election, having voted FOR the authorization and issuance of$7,000,000 of bonds and the
levy and pledge of the tax in payment thereof as provided in Proposition 1, the Council hereby finds and
determines that Proposition 1 carried at the election, that the election was duly called, that proper notice
was given, and that the election was held in all aspects in conformity with the law, and that the Council is
hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority
granted in the Proposition 1 and with law.
SECTION 3: A MAJORITY of the resident, qualified voters of the City of Cibolo, Texas
voting in such election, having voted FOR the authorization and issuance of$4,000,000 of bonds and the
levy and pledge of the tax in payment thereof as provided in Proposition 2, the Council hereby finds and
determines that Proposition 2 carried at the election, that the election was duly called, that proper notice
was given, and that the election was held in all aspects in conformity with the law, and that the Council is
hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority
granted in the Proposition 2 and with law.
SECTION 4: A MAJORITY of the resident, qualified voters of the City of Cibolo, Texas
voting in such election, having voted FOR the authorization and issuance of$2,500,000 of bonds and the
levy and pledge of the tax in payment thereof as provided in Proposition 3, the Council hereby finds and
determines that Proposition 3 carried at the election, that the election was duly called, that proper notice
was given, and that the election was held in all aspects in conformity with the law, and that the Council is
hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority
granted in the Proposition 3 and with law.
SECTION 5: 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 6: 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 7: This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
SECTION 8: 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
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41047257.1
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 9: 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 10: This Resolution shall be in force and effect from and after its final passage and it
is so resolved.
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41047257.1
PASSED, ADOPTED AND APPROVED this,the 13`h day of November, 2014.
CITY OF CIBOLO, TEXAS
Mayor �(/(
ATTEST:
J MY�
City Secretary
II -
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41047257.1
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 November, 2014, 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:
Lisa M. Jackson Mayor
Larry Carlton Mayor Pro-Tem
Ron Pedde Councilmember
Verlin "Doug" Garrett Councilmember
Gabriel Castro Councilmember
James "Jim" Doty, Jr. Councilmember
Jay Hogue Councilmember
Allen Dunn Councilmember
and all of such persons were present at the Meeting, except the following: 11-1-109 ,
thus constituting a quorum. Among other business considered at the Meeting, the attached
resolution (the Resolution) entitled:
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN
CONNECTION THEREWITH
was introduced and submitted to the Council for passage and adoption. After presentation and
discussion of the Resolution, a motion was made by Councilmember that the
Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The
motion was seconded by Councilmember Cc(54re) and carried by the following vote:
7 voted "For" �voted"Against" -0 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 City 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,
41047345.1
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
Council, this 13th day of November, 2014.
City Secretary,
City of Cibolo, Texas
(SEAL)
41047345.1 2