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2011-R-17 - Mckinstry GrantRESOLUTION NO. 11-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ACCEPTANCE OF A $490,928.03 GRANT FROM THE STATE ENERGY CONSERVATION OFFICE FOR A SOLAR ENERGY PROJECT AT THE SCHERTZ PUBLIC LIBRARY, THE EXPENDITURE OF UP TO $427,000 OF CITY FUNDS, A CONTRACT WITH MCHINSTRY ESSENTION, INC. TO ADMINISTER THE GRANT AND PROJECT, AND RELATED MATTERS WHEREAS, at the direction of City staff, McKinstry Essention, Ino. ("McKinstry") applied for a grant to install a solar energy project in the City's Public Library; and WHEREAS, the City has been award a $490,928.03 grant (the "Grant") from the Texas State Energy Conservation Office for such purposes; and WHEREAS, the Grant requires City matching funds in the amount of $98,185.61; and WHEREAS, the City Council recommends that McKinshy administer the Grant; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the City Manager to (i) execute and deliver the grant agreement for the Grant (the "Grant Agreement") attached hereto as Exhibit A, (ii) amend the current 2010-2011 budget for this project and transfer up to $427,000 from the City's Um~eserved General Fund Balance to the General Fund Operating Budget, and (iii) execute and deliver an agreement with McKinstry attached hereto as Exhibit B (the "McKinstry Contract") to administer the Grant and installation of the project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to (i) execute and deliver the Grant Agreement in substantially the form set forth on Exhibit A, (ii) amend the cunent 2010-2011 budget for this project and hansfer up to $427,000 from the Unreserved General Fund Balance to the General Fund Operating Budget, and (iii) execute and deliver the McKinstry Conhact in substantially the form set forth on Exhibit B. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a pazt 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution aze hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 S. 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 ADOPTED, this 22"d day of March, 2011. CITY OF SC RTZ, TEXAS M yor EST: ity Secretary (CITY SEAL) EXHIBIT A GRANT AGREEMENT See Attached EXHIBIT B MCHINSTRY CONTRACT See Attached so~o~ozs.i B-1