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08/30/2006-CC-Agenda Packet-SpecialAGENDA CITY COUNCIL SPECIAL CALLED MEETING August 30, kuuu 7#00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Consider and Possible Action Ratifying Resolution R# 08-16-06 Approving Publication of Intent to Issue Certificates of Obligation. 3. Adjournment. Pursuant to the Texas Open Meetings Act, Chapter 55I, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the conclusion of the executive session. I, the undersigned authority, do hereby certify �ttt this Notice of Meeting was posted on the bulletin board, at the City HaII of the City of Sanger, Texas, a place co en" nt nd eadily � cessibleto t `e tgeneral public at all times, and said Notice was posted on the following date and tine v r at " f' G p.m. and shall remain posted until meeting is adjourned. Rosalie Chavez, City Secretary City of Sanger, Texas This notice was removed frorh"the 'This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 houl•s prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. AGENDA CITY COUNCIL SPECIAL CALLED MEETING August 30, 2006 7e00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Consider and Possible Action Ratifying Resolution R# 08-16-06 Approving Publication of Intent to Issue Certificates of Obligation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, RE- ADOPTING, RATIFYING AND CONFIRMING AN ORDINANCE, ADOPTED AUGUST 79 2006, AUTHORIZING THE CITY OF SANGER, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006, RATIFYING AND CONFIRMING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, AND MATTERS INCIDENT THERETO 3. Adjournment. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executive session closed to the public. Any final action, decision or vote on such matter will be made in open session following the conclusion of the executive session. I, the undersigned authority, do hereby certify ;that th►s Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place conveniy+�t�� d ree�dy /ac lble` ` to - the } ener 1 public at all times, and said Notice was posted on the following date and time �/ 7�/ �J/ V /� at 1 l�.m. and shall remain posted until meeting is adjourned. Rosalie Chavez, City; City of Sanger, Texas This notice was removed from heoo{ficia�I ulletin bga on l is �.by �Z�� ► I This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. Date: August 24, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/Assistant City Manager Re: Resolution #08-16-Ob At the last City Council meeting staff informed that the Notice of Intention to Issue Certificates of Obligation was published once in the newspaper. The requirement was to run two times. The Resolution is correct in the publication. Date: August 24, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/Assistant City Manager Re: Resolution #08-16-06 -)z 1 At the last City Council meeting youe informed that the Notice of Intention to Issue Certificates of Obligation was a in the newspaper one_tin�e nel it was requirod to run two times. RESOLUTION # o B -16 - o G A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AUTHORIZING THE HIRING OF FINANCIAL ADVISOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the City of Sanger, Texas (the "City") has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligations (the "Certificates") in an amount not to exceed $7,000,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Local Government Code, Section 271.041 through 271.063, for the purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit, (1) street improvements; (2) water, sewer and electric utility improvements (the "Project"); and (3) the payment for professional services related thereto; 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 Resolution 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, and (iv) the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the City to finance the costs of the Project; and WHEREAS, the City Council desires to hire Government Capital Securities Corporation as the City's financial advisor; and WHEREAS, the City Council hereby fords and determines that the adoption of this Resolution is in the best interests of the citizens of the City; now, therefore, BE IT RESOLVED BY THE OF THE CITY OF BANGER, 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. $7,000,000 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) street improvements; (2) water, sewer and electric utility improvements; and (3) the payment for professional services related thereto. The Certificates will be payable from the levy of any 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 surplus net revenues derived from the operation of the City's water and sewer system not to exceed $1,000. The notice hereby approved and authorized to be published shall read substantially in the form and content of attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. HOU:2587330.1 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 fifteen (15) days prior to the date stated therein for passage of the Ordinance authorizing the issuance of the Certificates. SECTION 3. Government Capital Securities Corporation is hereby hired as the City's financial advisor. SECTION 4. The City Secretary is directed to maintain a copy of this Resolution in the City's official records in a manner that will allow any member of the general public to review this Resolution during the normal business hours of the City during the period beginning thirty (30) days after the adoption hereof and ending on the date of issuance of the Certificates. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas, and established compliance by the City with the requirements of Texas law. 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 City Council. SECTION 7. All Resolutions 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. SECTION 4. If any provision of this Resolution or the application thereof to any person or circumstances 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 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 the date of its adoption, and it is so resolved. [The remainder• of this page intentionally left blank.) HOU:2587330.1 PASSED AND ADOPTED, this the 19th day of June, 2006. CITY OF BANGER, TEXAS Mayor ATTEST: City Secretary (SEAL) Signature Page to Resolution Authorizing Publication ofNotice ofli�tention to Issue CertiRcates of Obligation HHOU:2587330.1 CERTIFICATE STATE OF TEXAS § COUNTY OF DENTON § CITY OF SANGER § TIC UNDERSIGNED HEREBY CERTIFIES that: 1. On the 19th day of June, 2006, a regular meeting of the City Council (the "City Council") of the City of Sanger, Texas (the "City"), was held at the regular meeting place in the City Hall of the City, the duly constituted members of the City Council being as follows: Joe Higgs Mayor Mike James Councilman, Place 1 Glenn Ervin Councilman, Place 2 Mike Walker Councilman, Place 3 Andy Garza Councilman, Place 4 Robert -Patton Councilman, Place 5 and all of .said persons were present at said meeting, except the following: Among other business considered at said meeting, the attached Resolution entitled: "A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AUTHORIZING THE HIRING OF FINANCIAL ADVISOR; AND PROVIDING AN EFFECTIVE DATE " was introduced and submitted to the City Council for passage. After presentation and due consideration of the Resolution and, upon �. motion duly made and seconded, the Resolution was duly passed and adopted by the City Council to be effective immediately by the following vote: Voted "For" � Voted "Against" abstained all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 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 City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of the City Council; and that said meeting, and the deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled Resolution, was posted and given in advance thereof in compliance with the provisions of V.T.C.A., Government Code, Chapter 551, as amended. HOU:2587330.1 IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of the City, this the 19th day of June, 2006. City Secretary (SEAL) Signature Page to Certificate ofResolution HOU:2587330.1