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15-R-09 - Application for the Texas Emmissions Reduction Program (TERP) GrantRESOLUTION NO. 15 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR THE TEXAS EMISSIONS REDUCTION PROGRAM (TERP) GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") wishes to apply for the Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant for a partial rebate to replace up to ten pieces of equipment and machinery; and WHEREAS, the possible estimated savings from this grant program could be as high as approximately $400,000; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to apply for the Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the application for Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant. Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to the Criminal Investigations Division of the Texas Governor's Office. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 Page 1 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. PASSED AND ADOPTED, this 3rd day of February, 2015. CITY OF Se ERAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Page 2