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RES 1434 08/23/2011 tJ OF C/0O U r o TfX0, "City of Choice: RESOLUTION NO. 1434 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS INCURRED TO CONSTRUCT DRAINAGE IMPROVEMENTS AND TO CONSTRUCT AND EQUIP BALLFIELDS AND PURCHASE LAND RELATED THERETO WHEREAS, on November 4, 2008, the voters of the CITY OF CIBOLO, TEXAS (the "City") approved five bond propositions to fund various improvements throughout the City; and WHEREAS, among those propositions, the voters approved the issuance of (i) $9,200,000 in principal amount of bonds to construct drainage improvements in the City, and (ii) $3,300,000 in principal amount of bonds to construct and equip ballfields and purchase land related thereto; and WHEREAS, the City Council of the City hereby determines that it is necessary and desirable to make such drainage improvements and to construct and equip such ballfields and acquire land related thereto as approved by the voters (collectively, the "Projects"); and WHEREAS, the City expects that it will pay expenditures in connection with the Projects prior to the issuance of tax-exempt obligations (the "Obligations")to finance the Projects; and WHEREAS,the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention to reimburse itself for such payments at such time as the City issues Obligations to finance the Projects; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT. SECTION 1. EXPECTATION TO INCUR DEBT. The City reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $8,650,000 for the purpose of paying the costs of the Projects; and SECTION 2. REIMBURSEMENT OF PRIOR EXPENDITURES. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3. THREE-YEAR LIMITATION FOR REIMBURSEMENT. The foregoing notwithstanding, no Obligations will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City hereby incorporates such recitals as a part of this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall become effective immediately upon passage thereof PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CIBOL0, TEXAS THIS 23RD DAY OF A UGUST, 2011. J#fifer Fornan Mayor City of Cibolo, Texas Attest: l � yq� Peggy Cimics City Secretary City of Cibolo, Texas ** ** ** ** ** SIGNATURE PAGE TO REIMBURSEMENT RESOLUTION RELATING TO CONSTRUCTING DRAINAGE IMPROVEMENTS AND CONSTRUCTING AND EQUIPPING BALLFIELDS AND PURCHASING LAND RELATED THERETO CERTIFICATE FOR RESOLUTION I, the undersigned City Secretary of the CITY of CIBOLO, TEXAS (the "City"), hereby certify as follows: 1. The City Council of the City convened in Regular Meeting on the 23`d day of August, 2011 at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Jennifer Hartman,Mayor Karen Hale, Councilmember, Place 4 Ron Pedde, Councilmember, Place 1 Larry Carlton, Councilmember, Place 5 Miguel Troncoso, Councilmember, Place 2 Steve Liparoto, Councilmember,Place 6 Gabriel Castro, Councilmember,Place 3 and Mayor Pro-Tem Melvin Hicks, Councilmember, Place 7 and all of said persons were present, except the following absentees: 1,oct n c i orlaw" Tbrcoso, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written Resolution No. 2011-048 entitled: RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS INCURRED TO CONSTRUCT DRAINAGE IMPROVEMENTS AND TO CONSTRUCT AND EQUIP BALLFIELDS AND PURCHASE LAND RELATED THERETO was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution,prevailed and carried by the following vote: AYES: 6 NOES: d ABSTENTIONS: 2. A true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in said City Council' minutes of said Meeting; the above and foregoing paragraph is a true, full and correct excerpt from said City Council' minutes of said Meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and said Meeting was open to the public, and public notice of the time, place and purpose of said Meeting was given, all as required by Texas Government Code, Chapter 551. SIGNED AND SEALED the 23`d day of August,2011. -79-7 Peggy Cimics, City Secretary City of Cibolo,Texas 111 -4-