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14-R-62 - Contract approved by Board Of Directors SSLGC to purchase certain propertyRESOLUTION NO. 14 -R -62 RESOLUTION BY THE CITY COUNCIL RATIFYING CONTRACT APPROVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ - SEGUIN LOCAL GOVERNMENT CORPORATION FOR THE PURCHASE OF CERTAIN PROPERTY IN GUADALUPE COUNTY AND, IF NECESSARY, AUTHORIZING THE CITY OF SCHERTZ TO ACCEPT AN ASSIGNMENT OF THE CONTRACT AND ASSUME THE OBLIGATIONS UNDER THE CONTRACT WHEREAS, the City Council, in conjunction with the city council of Seguin, Texas, previously caused the creation of the Schertz- Seguin Local Government Corporation (SSLGC) to act on behalf of the two cities to develop additional sources of water supply, subject to the right of oversight by the city councils of the two cities; WHEREAS, the SSLCGC board of directors has determined that it is in the best interest of the two cities to develop wells located in Guadalupe County to produce water from the Carrizo Aquifer and the Wilcox Aquifer; WHEREAS, in order to develop the proposed Guadalupe Project, the SSLGC board has determined that it is in the best interest of the SSLGC to purchase a 1,469 acre, more or less, tract of land located in Guadalupe County and, subject to ratification by the city councils of the two cities, the SSLGC board of directors has approved a form earnest money contract to purchase the land; WHEREAS, the performance of the earnest money contract requires the issuance of debt to which the City Council must agree. NOW, THEREFORE, be it resolved by the City Council of the City of Schertz, that Section 1. The purchase by the Schertz- Seguin Local Government Corporation of the 1,469 acre tract of land upon the terms expressed in the earnest money contract negotiated with the seller is ratified and approved. Section 2. The City Council consents to and authorizes the SSLGC to issue debt, when necessary, in order to pay the purchase price. Section 3. The City Council authorizes the City of Schertz to accept the assignment of the contract from the SSLGC and assume the rights and obligations under the contract should the City Council of the City of Seguin require the SSLGC to assign the contract to the City of Schertz as a condition to its approval of the contract. 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 City Council. Section 5. 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 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 City 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, Texas Government Code, as amended. Section 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. ADOPTED AND EFFECTIVE this 15`x' day of J R. Carpenter, Mayor Att t 1.SwV � Brenda Dennis, City Secretary Resolution # SSLGC R14 -06 CERTIFICATE OF RESOLUTION REGARDING PURCHASE OF BOOTH TRACT THE STATE OF TEXAS COUNTY OF GUADALUPE I, the undersigned President for the Schertz- Seguin Local Government Corporation do hereby certify as follows: 1. That on the 1st day of July 2014, a special called meeting of the Board of Directors was held at the city council chambers of the City of Schertz located at 1400 Schertz Parkway, Building #4, Schertz, Texas; the duly constituted members of the board of directors being as follows: Ken Greenwald, President Robin Dwyer, Vice President Lang Dublin, Secretary Kerry Koehler, Treasurer T. "Jake" Jacobs, Assistant Secretary - Treasurer and all said persons were present at said meeting, except _ All were present _ Among other business considered at said meeting, the following motion was made and seconded: "Move to accept the purchase of the Booth Tract under the terms and conditions set forth in the earnest money contract presented to the board of directors and authorize the officers to sign the contract on behalf of the SSLGC, subject to the approval by the city councils of both the City of Schertz and the City of Seguin" and submitted to the Board of Directors for passage and adoption. After presentation and due consideration of the motion, the motion was duly passed and adopted by the board of directors by the following vote: 5 voted "For" 0 voted "Against' 0 abstained all as shown in the official Minutes of the Board of Directors for the meeting held on the aforesaid date. 2. The duly qualified and acting members of the Board of Directors on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of said meeting was given to each member of the board of directors; and that said meeting, and deliberatidn of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said Schertz- Seguin Local Government Corporation, this 1st day of July, 2014. Seal �� �'0�A9��,✓i%;0 Ken Greenwald, President Page 1 of 2 Pcd231075 Resolution # SSLGC R14 -06 THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the 1st day of July, 2014 by Ken Greenwald, President of the board of directors of the Schertz- Seguin Local Government Corporation, a Texas public, non - profit corporation, on behalf of said corporation. [SEAL] l o ar Public, to e of Texas as aaa aaaa aaaaaaaaaaaaw�,na� REQINA C. FRANKE * ®* Notary PubAo y State o1 Texaa co ". Exp. a•2o 2oIs Page 2 of 2 Pcd231075