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2010R47- EDC Payment for Master Planning Costs RESOLUTION NO. 10-R-47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A PAYMENT TO THE CITY BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION FOR MASTER PLANNING COSTS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation (the "SEDC") is organized pursuant to the Development Corporation Act, Title 12, Subtitle C1, Local Government Code, as amended (the "Act"); WHEREAS, Section 505.158 of the Act permits the SEDC to fund land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements found by the Board of Directors of the SEDC to promote new or expanded business development; WHEREAS, expenditures under Section 505.158 of more than $10,000 must be approved by resolution of the City Council of the City of Schertz, Texas (the "City") after at least two separate readings; and WHEREAS, the Board of Directors of the SEDC has determined that the approval of a project consisting of the creation of master development plans for the City with an aggregate expenditure of not to exceed $399,175 to reimburse the City for costs it has incurred or will incur with Gateway Planning Group, Inc. for aCity-wide master planning project (the "Project") is in furtherance of the corporate purposes of the SEDC and in the best interests of the City and its citizens; WHEREAS, the Board of Directors of the SEDC has determined that the funding of the Project will promote new or expanded business development within the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Project proposed by the SEDC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The funding of the Project by the SEDC is hereby approved. Upon approval by the City, the President of the SEDC and the Executive Director of the SEDC with the approval of the President are each hereby authorized by the City Council to pay to the City an aggregate amount not to exceed $399,175 to reimburse the City for costs it has incurred or will incur with Gateway Planning Group, Inc. for aCity-wide master planning project. Section 2. 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 3. All 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 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. 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 6. 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, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED on first reading the 31st day of August, 2010. PASSED AND FINALLY APPROVED on second and final reading the 7th September day of August, 2010. CITY OF S HERTZ TEXAS ayor ATTEST: City Secretary (CITY SEAL) Resolution 10-R-47.doc -2-