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RES 1344 01/09/2007 RESOLUTION NO. 1344 RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF CIBOLO § WHEREAS,the City Council of the City of Cibolo, Texas (the "City")hereby determines that it is necessary and desirable to make various street and drainage improvements(the "Project"); WHEREAS, the City Council of the City intends to finance the Project from proceeds derived from the sale of one or more series of Combination Tax and Limited Pledge Revenue Certificates of Obligation issued by the City pursuant to Sections 271.041 -271.063,Texas Local Government Code, as amended; and WHEREAS,pursuant to Section 271.049,Texas Local Government Code,the City Council deems it advisable to give notice of intention to issue certificates of obligation in an amount not to exceed an aggregate of$3,800,000 for the purpose of paying,in whole or in part,the Project,to pay all or a portion of the legal, fiscal and engineering fees in connection with the Project, and to pay the costs of issuance related to the certificates of obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was passed was open to the public, and public notice of the time,place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1.APPROVAL OF NOTICE OF INTENTION. Attached hereto is a form of the"Notice of Intention to Issue Combination Tax and Limited Pledge Revenue Certificates of Obligation",the form and substance of which is hereby adopted and approved. SECTION 2.AUTHORIZATION TO PUBLISH NOTICE OF INTENTION. The City Secretary shall cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be before the 14th day before the date tentatively set for the passage of the ordinance authorizing the issuance;of such certificates of obligation as shown in Said notice. The City Manager and the City Secretary are each authorized to make changes to said Notice as necessary prior to its publication. SECTION 3. INCORPORATION OF RECITALS. The City Council hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City Council hereby incorporates such recitals as a part of this Resolution. SECTION 4. EFFECTIVE DATE. This Resolution shall become effective immediately upon passage. [The remainder of this page intentionally left blank] 2 CITY OF CIBOLO,TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION The City Council of the City of Cibolo, Texas (the "City") does hereby give notice of intention to issue one or more series of City of Cibolo, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation in the maximum aggregate principal amount not to exceed $3,800,000 for the purpose of paying, in whole or in part,contractual obligations to make various street and drainage improvements(including,but not limited to, street and drainage improvements relating to the Main Street Reconstruction Project). The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a lien on and pledge of"Surplus Revenues", if any,received by the City from the ownership and operation of the City's combined utility system. The City Council proposes to authorize the issuance of such Certificates of Obligation at 7:00 p.m. on Tuesday,February 13, 2007,at a Regular Meeting, at the City Hall, Cibolo, Texas. /s! Tohnny Sutton Mayor, City of Cibolo, Texas CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF CIBOLO § I,the undersigned City Secretary of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 9t'DAY OF JANUARY, 2007, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council,to wit: Johnny Sutton,Mayor Bede Ramcharam, Councilmember,Place 3 Gabriel Castro, Councilmember,Place I Mark Wynnl, Councilmember,Place 4 Tony Krasnai, Councilmember, Place 2 Diane Davis, Councilmember, Place 5 and all of said officers and members of said City Council were present, except the following absentees: Mar k W t rvyy ,thus constituting a quorum. Whereupon,among other business,the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted;and,after due discussion,said motion carrying with it the adoption of said Resolution,prevailed and carried by the following vote: AYES: '/ NOES: © ABSTENTIONS: 1 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate;that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true,full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that 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;that 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 that 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 Chapter 551, Texas Government Code. SIGNED AND SEALED the 9th day of January, 2007. (SEAL) City Secretary, City of Cibolo, Texas PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON THE 91h DAY OF JANUARY, 20OZ City Secretary, City of Cibolo, Texas Mayo}; of Cibolo, Texas (SEAL) [SIGNATURE PAGE TO NOTICE OF INTENTION RESOLUTION]