RES 1570 11/15/2018 A RESOLUTION CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, on August 14, 2018, the City Council (the Councio of the City of Cibolo,
Texas (the City) ordered an election to be held on November 6, 2018 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 propositions:
PROPOSITION A
"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 $2,450,000 for the purpose of making
permanent public improvements or other public purposes, to wit: constructing,
rehabilitating, renovating, improving, enlarging, demolishing, and equipping
existing municipal administration and City services buildings, including the City
Hall Annex and Public Works Building, such bonds to mature serially or
otherwise (not more than 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
PROPOSITION B
"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 $450,000 for the purpose of making permanent
public improvements or other public purposes, to wit: purchasing, acquiring,
developing, and making other capital expenditures and equipment purchases for
public safety, including improving and upgrading police and fire communications
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systems, such bonds to mature serially or otherwise (not more than 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
PROPOSITION C
"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 $1,100,000 for the purpose of snaking
permanent public improvements or other public purposes, to wit: designing,
acquiring, constructing, renovating, improving, and equipping City street, curb,
gutter, and sidewalk improvements, demolition, repair, and rebuilding of existing
streets, completing necessary or incidental utility relocation and drainage
improvements and upgrades in connection with the foregoing and the purchase of
land, easements, rights-of-way, and other real property interests necessary
therefor or incidental thereto, with priority given to Tolle Road, such bonds to
mature serially or otherwise (not more than 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
PROPOSITION D
"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 $750,000 for the purpose of making permanent
public improvements or other public purposes, to wit: designing, acquiring,
constructing, renovating, improving, and equipping City park, recreation, and
open space improvements, making park, recreation, and open space additions,
acquiring lands and rights-of-way necessary thereto, with priority given to
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improvements to Tolle Regional/Community Park and Miracle Ball Field
Complex, such bonds to mature serially or otherwise (not more than 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?"
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:
PROPOSITION A
"THE ISSUANCE OF NOT TO EXCEED $2,450,000 OF CITY OF CIBOLO,
TEXAS GENERAL OBLIGATION BONDS FOR MUNICIPAL
ADMINISTRATION AND CITY SERVICES BUILDING IMPROVEMENTS
AND THE LEVYING OF A TAX IN PAYMENT THEREOF"
For rAgainst
Early Votes ��2
Provisional Votes
Election Day Votes O
TOTAL 09 )
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PROPOSITION B
"THE ISSUANCE OF NOT TO EXCEED $450,000 OF CITY OF CIBOLO,
TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY
IMPROVEMENTS AND THE LEVYING OF A TAX IN PAYMENT
THEREOF"
For Against
Early Votes 3
0196
Provisional Votes
Election Day Votes 3 g Q D2
TOTAL I O
PROPOSITION C
"THE ISSUANCE OF NOT TO EXCEED $1,100,000 OF CITY OF CIBOLO,
TEXAS GENERAL OBLIGATION BONDS FOR STREETS, BRIDGES,
SIDEWALKS, AND RELATED DRAINAGE IMPROVEMENTS AND THE
LEVYING OF A TAX IN PAYMENT THEREOF"
For A ainst
Early Votes 3 7 D
Provisional Votes
Election Day Votes �j 2 S 55Z
TOTAL
PROPOSITION D
"THE ISSUANCE OF NOT TO EXCEED $750,000 OF CITY OF CIBOLO,
TEXAS GENERAL OBLIGATION BONDS FOR PARKS, RECREATION,
AND OPEN SPACE IMPROVEMENTS AND THE LEVYING OF A TAX IN
PAYMENT THEREOF"
For Against
Early Votes � 2
Provisional Votes
Election Day Votes 1M ) Lob_ S
TOTAL ) ID
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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$2,450,000 of
bonds and the levy and pledge of the tax in payment thereof as provided in Proposition A, the
Council hereby finds and determines that Proposition A carried at the election, that the election
was duly called, that proper notice was given, 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 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$450,000 of
bonds and the levy and pledge of the tax in payment thereof as provided in Proposition B, the
Council hereby finds and determines that Proposition B carried at the election, that the election
was duly called, that proper notice was given, that the election was held in all aspects in
confonnity 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 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$1,100,000 of
bonds and the levy and pledge of the tax in payment thereof as provided in Proposition C, the
Council hereby finds and determines that Proposition C carried at the election, that the election
was duly called, that proper notice was given, 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 and with law.
SECTION 5: 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$750,000 of
bonds and the levy and pledge of the tax in payment thereof as provided in Proposition D, the
Council hereby finds and determines that Proposition D 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
confonnity 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 and with law.
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SECTION 6: 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 7: 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 8: This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 9: 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 10: 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 11: This Resolution shall be in force and effect from and after its final passage
and it is so resolved.
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PASSED, ADOPTED AND APPROVED on November 15, 2018, which I acknowledge
on this the 15 day of !?o�.�.-,z be, , 2018.
CITY OF CIBOLO, TEXAS
St Boyle
ATTEST: Mayor
Peggy Cimics
City Secretary
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