2006R13-SSLGC Loan
RESOLUTION NO.
A RESOLUTION BY mE CITY COUNCIL OF mE CITY OF
SCHERTZ, TEXAS AUTHORIZING A LOAN TO THE
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
WHEREAS, the City of Schertz (the "City")and the City of Seguin ("Seguin") created
the Schertz/Seguin Local Government Corporation (the "SSLGC") to act on their behalf in the
development and operation of a water supply project;
WHEREAS, the Board of Directors of the SSLGC has determined that it should proceed
with the permitting of Well #9 and Well #10 in Gonzales County, improvements related to
SSLGC's water treatment plant expansion, and required studies and hearings to adopt an impact
fee;
WHEREAS, the Board of Directors of the SSLGC has determined that approximately
$500,000 is required for the above-described work, but that funds are not available due to
changes and conditions that could not have been anticipated in the SSLGC's budget for the
current fiscal year;
WHEREAS, the Board of Directors of the SSLGC has requested that the City and Seguin
each advance funds in the form of a loan to the SSLGC in the amount of $250,000 for the above
described work;
WHEREAS, the City has determined that the activities of the SSLGC promote local
economic development and stimulate business and commercial activity in the City as described
in Section 380.001 Texas Local Government Code, as amended, and the loan authorized herein
is permitted by the terms of such statute; and
WHEREAS, the City hereby agrees to advance $250,000 to the SSLGC, such amount to
be repaid pursuant to and under the terms of the Promissory Note attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby anthorizes and directs the City Manager to
disburse $250,000 to the SSLGC in consideration of receipt from the SSLGC of an executed
Promissory Note in the form attached hereto as 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 Council.
Section 3. Ail 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
RESOLUTION (S-SLGC LOlUl).doc
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 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, as amended, Texas Government Code.
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 13th day ofJune, 2006.
Mayor
ATTEST:
~ ~
(jy se~ry
(CITY SEAL)
RESOLUfION (S-SLGC Loan).doc
SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION
A RESOLUTION AUTHORIZING THE FILING, OF APPLICATIONS FOR
PERMITS FOR WELL #9 AND WELL #10 IN GONZALES COUNTY.
WHEREAS, the Board of Directors of the Schertz Seguin Local Government
Corporation finds the need to continue with the development of the groundwater
supply for its water supply project by obtaining permits for Well #9 and Well #10
in Gonzales County;
WHEREAS, the Board of Directors hereby authorizes representatives of the
Schertz Seguin Local Government Corporation to proceed with filing and an
application for permitting of Well #9 under the existing rules of the Gonzales
County Underground Water Conservation District;
WHEREAS, the Board of Directors hereby authorizes representatives of the
Schertz Seguin Local Government Corporation to proceed with filing an
application for permitting of Well #10 and seek the necessary extension and
variances needed under the existing rules of the Gonzales County Underground
Water Conservation District.
NOW THEREFORE, BE IT RESOLVED AND ORDERED, by the Board of
Directors of the Schertz Seguin Local Government that the City of Schertz and
City of Seguin accept this resolution to proceed with the filing of applications for
permits for Well #9 and Well #10 in Gonzales County.
PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE
SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, on this 18th day
of Mav, 2006. ~".
~ v.~e.~
Robin V. Dwyer
President
Schertz Seguin Local Government Corporation
Attest:
~ d~;:Z;;-
~ Wolverton
Secretary
SCHERTZ SEGUIN lOCAL GOVERNMENT CORPORATION
A RESOLUTION REQUESTING ADVANCE OF FUNDS FROM THE CITY OF
SCHERTZ AND CITY OF SEGUIN.
WHEREAS, the cities of Schertz and Seguin created the Schertz Seguin local
Government Corporation to act on their behalf in the development and operation
of a water supply project;
WHEREAS, the Board of Directors of the Schertz Seguin Local Government
Corporation find the need to proceed with the permitting of Well #9 and Well #10
in Gonzales County, improvements related to the water treatment plant
expansion and the required studies and hearings to adopt an impact fee;
WHEREAS, the Board of Directors of the Schertz Seguin Local Government
Corporation finds that about $500,000 dollars is required for the above described
work, but that funds are not available due to changes and conditions that could
not have been anticipated in the original budget;
WHEREAS, the Board of Directors of the Schertz Seguin Local Government
Corporation requests the City of Schertz to advance funds to the Schertz Seguin
Local Government Corporation in an amount of $250,000 dollars for the above
described work;
WHEREAS, the Board of Directors of the Schertz Seguin Local Government
Corporation requests the City of Seguin to advance funds to the Schertz Seguin
Local Government Corporation in an amount of $250,000 dollars for the above
described work;
WHEREAS, the terms and conditions of repayment of the loan will be interest
free for a period of one (1) year;
WHEREAS, the repayment of the loan after the interest free one (1) year period
has expired, will be repaid with interest at that year's current interest rate on
funds invested by the two cities.
NOW THEREFORE, BE IT RESOLVED AND REQUESTED, by the Board of
Directors of the Schertz Seguin Local Government that the City of Schertz and
City of Seguin be asked to advance funds to the Schertz Seguin Local
Government Corporation under the terms described in this resolution and subject
to such other reasonable terms as may be required by the two cities.
The officers of the Corporation are authorized and directed to execute on behalf
of the Corporation such agreements and notes as may be required to effectuate
the purposes of this resolution and the Corporation's obligation to repay the City
of Schertz and the City of Seguin.
PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE
SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, on this 18th day
of May, 2006.
Robin . Dwyer
President
Schertz Seguin Local Govern
Attest:
~.daJ&6~
/Jim Wolverton
Secretary