RES 1583 06/25/2019 OF �B
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RESOLUTION NO. /5$3
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION;
COMPLYING WITH THE REQUIREMENTS CONTAINED IN
SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council(the City Council)of the City of Cibolo,Texas(the City)has
determined that it is advisable and necessary to issue and sell one or more series of certificates of
obligation(the Certificates)in an amount not to exceed$ as provided pursuant to the
provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government
Code,Section 271.041 through Section 271.064,for the purpose of paying contractual obligations
of the City to be incurred for making permanent public improvements and for other public
purposes,to-wit: (1)constructing street improvements(including utilities repair,replacement,and
relocation), curbs, gutters, and sidewalk improvements, including drainage incidental thereto; (2)
designing, constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving
the City's combined utility system; (3)purchasing City public works equipment; (4)the purchase
of materials, supplies, equipment,machinery, landscaping, land, and rights-of-way for authorized
needs and purposes relating to the aforementioned capital improvements; and (5)the payment of
professional services related to the design,construction,project management,and financing of the
aforementioned projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and
WHEREAS,based upon their review of the Official Statement,the appropriate officials of
the City must find to the best of their knowledge and belief,after reasonable investigation,that the
representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt
service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s)of the Certificates (the Purchasers)to provide the
Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
comply with the distribution requirements and continuing disclosure requirements contained in the
Securities and Exchange Commission Rule; and
WHEREAS,the City Council authorizes the Mayor,City Manager,City Secretary,and the
City Attorney, as appropriate, or their designees, to review, approve, and execute any document
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or certificate in order to allow the City to comply with the requirements contained in the Securities
and Exchange Commission Rule; and
WHEREAS,prior to the issuance of the Certificates,the City Council is required to publish
notice of its intention to issue the Certificates in a newspaper of general circulation in the City,
such notice stating(i)the time and place the City Council tentatively proposes to pass the ordinance
authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued,
(iii)the purposes for which the Certificates are to be issued, (iv)and the manner in which the City
Council proposes to pay the Certificates; and
WHEREAS,the City Council hereby finds and determines that such documents pertaining
to the sale of the Certificates should be approved, and the City should proceed with the giving of
notice of intention to issue the Certificates in the time,form, and manner provided by law; and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City;now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
THAT:
SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$ for the purpose of paying contractual obligations of the City to be incurred for
making permanent public improvements and for other public purposes, to-wit: (1) constructing
street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and
sidewalk improvements, including drainage incidental thereto; (2) designing, constructing,
acquiring,purchasing,renovating,equipping,enlarging,and improving the City's combined utility
system; (3) purchasing City public works equipment; (4) the purchase of materials, supplies,
equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes
relating to the aforementioned capital improvements;and(5)the payment of professional services
related to the design, construction, project management, and financing of the aforementioned
projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the
limitations prescribed by law, upon all taxable property within the City and additionally from a
pledge of and lien on certain revenues derived from the operation of the City's combined utility
system. The notice hereby approved and authorized to be published shall read substantially in the
form and content of Exhibit A attached hereto,which notice is incorporated herein by reference as
a part of this Resolution for all purposes.
SECTION 2. The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City,once a week for two consecutive weeks,
the date of the first publication shall be at least thirty(30)days prior to the date stated therein for
passage of the ordinance authorizing the issuance of the Certificates.
SECTION 3. The Mayor, City Manager, City Secretary, and the City Attorney, as
appropriate, or their designees, are authorized to review and approve the Official Statement
pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
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certificate in order to comply with the requirements contained in the Securities and Exchange
Commission Rule.
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 City 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 City 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.
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74642492.4 -3-
PASSED AND APPROVED,this the 25th day of June, 2019.
CITY OF CIBOLO, TEXAS
Ma or
ATTEST:
City Secretary
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CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITY OF CIBOLO §
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 25th day of June, 2019 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:
Stosh Boyle Mayor
Jennifer Schultes Councilmember
Verlin"Doug" Garrett Councilmember
Brian Byrd Councilmember
Ted Gibbs Councilmember
Mark Allen Councilmember
Tim Woliver Councilmember
Joel Hicks Councilmember
and all of such persons were present at the Meeting, except the following:
thus constituting a quorum. Among other business considered at the Meeting, the attached
Resolution(the Resolution) entitled:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING
WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND
EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN
EFFECTIVE DATE
was introduced and submitted to the Council for passage and adoption. After presentation and
discussion of the Resolution, a motion was made by Councilmember 5,j,,4L5- that the
Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The
motion was seconded by CouncilmemberSarre-4 and carried by the following vote:
voted"For" 4� voted"Against" -0-1 abstained
all as shown in the official Minutes of the Council for the Meeting.
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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, 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 25th day of June, 2019.
City Secretary,
City of Cibolo, Texas
(SEAL)
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