2003R07- ECONOMIC DEVELOPMENT CORPORATION FUNDS
RESOLUTION NO. !J3 - If - 0 7
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS SETTING A PUBLIC HEARING ON THE EXPENDITURE OF
CERTAIN CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION FUNDS RELATING TO A PROJECT; PROVIDING NOTICE
OF THE SPECIFIC PROJECT TO BE CONSTRUCTED; APPROVING AND
AUTHORIZING THE PUBLICATION OF A NOTICE RELATING TO THESE
MATTERS; AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "Council') of the City of Schertz, Texas (the "City")
hereby finds and determines, as recommended by the Board of Directors (the "Board') of the
City of Schertz Economic Development Corporation (the "Corporation"), that sales tax proceeds
should be used to pay the "Costs" associated with certain "Projects", as defined in the
Development Corporation Act of 1979, as amended, Texas Revised Civil Statutes Annotated
Article 5190.6 (the "Act"), including (i) the construction of an expanded parking lot for the
City's public safety buildings complex, and (ii) the payment of professional fees relating thereto,
which project will promote or develop new or expanded business enterprises in the City of
Schertz, Texas; and
WHEREAS, Section 4B(a-1) of the Act provides that, before the Corporation may
undertake any project, the City or the Corporation must publish notice of the specific project or
type of general project that the Corporation intends to undertake; and
WHEREAS, prior to the expenditure of funds for such project, the Councilor the Board
is required to hold a public hearing on such matter as required by the provisions of Section 4B(n)
of the Act; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. A public hearing on the expenditure of Corporation funds for the purposes
of financing the "Costs" associated with certain "Projects", as defined in the Development
Corporation Act of 1979, as amended, Texas Revised Civil Statutes Annotated Article 5190.6
(the "Ad'), including (i) the construction of an expanded parking lot for the City's public safety
buildings complex, and (ii) the payment of professional fees relating thereto, which projects will
promote or develop new or expanded business enterprises in the City of Schertz, Texas shall be
and is hereby resolved to be held on the ~lLday of May, 2003, during a meeting of the Council
to the held at 7:00 p.m. at the City Hall, 1400 Schertz Parkway, Schertz, Texas 78154 and the
City Secretary and the Secretary of the Board of Directors of the Corporation are hereby
authorized and directed to cause a notice of such public hearing, substantially in the form and
content of Exhibit A hereto attached and incorporated herein by reference as a part of ~
resolution for all purposes (the "Notice"), to be published in one or more newspapers havi~.
general circulation in the City of Schertz, Texas with the publication of such Notice to appear (If
such newspaper at least 15 days prior to the date of this public hearing. The Notice and public
hearing will satisfy the provisions of Section 4B( n) of the Act.
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SECTION 2. The Notice and public hearing will also satisfy the requirements of
Section 4B( a-I) of the Act by providing notice of the specific project or types of general projects
that the Corporation intends to undertake.
SECTION 3. The Council authorizes the President and Secretary of the Board to take
any and all other actions necessary to comply with the provisions of the Act.
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 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 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 its final
passage, and it is so resolved.
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PASSED AND ADOPTED, this 2.3~Jday of April, 2003.
CITY OF SCHERTZ, TEXAS
-re~, r;?
Mayor
ATTEST:
~uu ~L4-eJ
City Secretary
(CITY SEAL)
EXHffiIT A
NOTICE OF PROJECT, NOTICE OF PUBLIC HEARING,
AND NOTICE OF EXPENDITURE OF CITY OF SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION FUNDS
NOTICE IS HEREBY GIVEN that the City of Schertz Economic Development
Corporation intends to participate in "Projects', as defined in the Development Corporation Act of
1979, as amended, Texas Revised Civil Statutes Annotated Article 5190.6, including (1) the
construction of an expanded parking lot for the City's public safety buildings complex adjacent to
the Schertz City Hall, 1400 Schertz Parkway, Schertz, Texas 78154, and (2) the payment of
professional services relating thereto. It is estimated the total expenditure of Corporation funds
for this project will be approximately $[110,000]. A public hearing on the expenditure of funds
for this project will be held by the Schertz City Council-afttl1M gellf'8 \:IfDirectQfE Qfdu~ City ef
S\...ll~dL.. .t!oonol1l~~ De.~lepH\eHt Ce~84..t:vu during a meeting to be held at 7:00 p.m.. on
May 2g2003 at the Schertz City Hall, 1400 Schertz Parkway, Schertz, Texas 78154.
I
S re ary, Board of Directors
Cit f Schertz Economic Development
Corporation
Isl Norma Althouse ~TU./ ~
City Secretary
City of Schertz, Texas
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