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16-R-05 - EDC Expenditures David Lack Blvd.RESOLUTION NO. 16 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TO FUND A CONSTRUCTION AGREEMENT FOR THE DAVID LACK BOULEVARD EXTENSION PROJECT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND YANTIS COMPANY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ") authorizes a development corporation to fund certain projects as defined by the Act and requires development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditures on behalf of a business enterprise under a project; and WHEREAS, pursuant to Resolution 14 -R -14, the City of Schertz (the "City) approved a Development Agreement with GE Oil & Gas Inc. (the "Development Agreement ") and authorized the infrastructure incentive to construct, or cause to be constructed, an extension of David Lack Drive as defined in the Development Agreement; and WHEREAS, pursuant to Ordinance 14 -T -13 the City authorized a budget adjustment to the Development Incentive Fund for the Development Agreement with GE Oil & Gas in the amount of $200,000; and WHEREAS, The City of Schertz Economic Development Corporation (the "SEDC ") issued a Request For Proposals and it was found by the selection Committee that the Yantis Company (the "Company ") was the highest ranking bidder, and WHEREAS, the SEDC approved the City of Schertz Economic Development Corporation Construction Agreement (the "Construction Agreement ") with the Company as set forth in Exhibit A attached hereto and incorporated herein the Construction Agreement among the SEDC and Company at the SEDC board meeting on January 28, 2016, and WHEREAS, the SEDC has recommended that the City approve the expenditures for in the Construction Agreement with the SEDC and the Company; and WHEREAS, Section 501.073 of the Act requires that the corporation's authorizing unit will approve all programs and expenditures of a corporation; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby authorizes the expenditures provided for in the Construction Agreement with Yantis Company as set forth on Exhibit A. Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of 2016. CITY OF SC , TEXAS ay r ATTEST: %J C j City Secretary (CITY SEAL) EXHIBIT A CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION CONSTRUCTION AGREEMENT Yantis Company