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12-R-22 Authorizing an Interlocal Agreement between the City of Schertz and Guadalupe CountyRESOLUTION NO. 12-R-22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY, TEXAS AND THE CITY OF SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an Interlocal Agreement with Guadalupe County, a political subdivision of the State of Texas ("County") relating to economic development programs; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Guadalupe County pursuant to the Interlocal Agreement between Guadalupe County, Texas and the City of Schertz, Texas attached hereto as Exhibit A (the "Agreement"). 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 execute and deliver the Agreement with Guadalupe County in substantially the foam set forth on Exhibit A. 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resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 Govermnent Code, as amended. Section 7. This Resolution shall be in force and effect fiom and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 6th day of March, 2012. CITY OF SCIXERTZ, TEXAS Hal Baldwin, Mayor ATTEST: \ )Sl Q ~--e~~ litik%1 Bren a Dennis, TRMC, MMC (CITY SEAL) STATE OF TEXAS COUNTY OF GUADALUPE INTERLOCAL AGREEMENT WITH TI-IE CITY OF SCHERTZ FOR ECONOMIC DEVELOPMENT PROGRAMS This Interlocal Agreement is made by and between Guadalupe County, Texas, ("County"), and the City of Schertz, Texas ("Schertz"), both of which are political subdivisions of the State of Texas. WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; Section 74.602 of the Texas Property Code and Section 381.004 of the Texas Local Government Code; and WHEREAS, in payhrg for the performance of governmental fimctions described in this Agreement, County shall make payments only from current revenues available to County and in no event in an amount in excess of those funds received from the Texas Comptroller of Public Accounts pursuant to the above referenced Stahrtes; and WHEREAS, the governing body of County has determined that the promotion of economic development described irr this Agreement benefits the citizens of Guadalupe County and promotes the stimulation of business and commercial activity in the County, and that County has the legal authority to provide and/or perform the fimctions and services contemplated by this Agreement, and that the provision and/or performance of such fimctions and services is in the common interest of the parties hereto and the citizens of both County and Schertz; and WHEREAS, the parry agrees that the tender of the sums set forth in this Agreement constitutes fair compensation to Schertz for the services provided ender this Agreement; and WHEREAS, County has received funds from the Texas Comptroller of Public Accounts relative to unclaimed property reports in the amount of $38,182.29; and WHEREAS, the Texas Local Goverment Code Section 381,004 requires that said funds be used for, among other uses, State and Local economic development programs and purposes; and WHEREAS, Schertz currently operates economic development programs in their respective city; NOW, THEREFORE, for and inconsideration of the mufial ptoniises set forth herein, including the recitations set forth above, the parties agree as follows: 1NTERLOCAL AGREEMENT ECONOMIC DEVELOPMENT PROGRAMS PAGE TWO 1. County shall pay the sum of $12,727.43 to Schertz, to admhuster, operate and conduct economic development programs in accord with all Resolutions, Ordinances, guidelines and criteria established by Schertz for the purposes of economic development. 2. Because such programs and activities will not necessarily all occur within the remaining fiscal year, that portion of funds received by Schertz maybe carried forward into fuhue fiscal years in order to most effectively utilize the revenue for economic development for Guadalupe County. 3, In order to establish a satisfactory repotting of activities, the respective City agrees to provide a written report to the Guadalupe County Commissioners Court no later than sixty days after the close of each fiscal year outlining the activities and amounts expended in accordance with this Agreement. 4. In the event that additional fitnds may become available to the County, this Agreement may be amended by the party as may be necessary from time to time. S. By entering into this Agreement, neither party agrees to underta[ce or be bound to any obligations, express or implied, other than those set forth herein and this Agreement shall not create any rights or causes of action in favor of third patties. APPROVED AND SIGNED on this 24`x' day of January, 2012 ~+`y~ GUADAL E C UNT ATTEST: BY: BY. GUADALUPE CO JUDGE GUADALUPE COUNTY CLE CITY OF SCIIERTZ BY: HER CITY MANAGER CITY OF SCHERTZ BY; Q~.~~cYv~ rr~ n SCI-IERTZ CITY SECRETARY