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16-R-34 - Amendment 1 to GE Oil and GasRESOLUTION NO. 16 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND GE OIL AND GAS, INC.; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by City Ordinance No. 12 -T -15, the City of Schertz, Texas (the "City ") established a program under Chapter 380, Texas Local Government Code, as amended, to promote economic development and to stimulate business and commercial activity in the City (the "380 Program "); and WHEREAS, on February 4, 2014 the City and the City of Schertz Economic Development Corporation (the "SEDC ") entered into a Development Agreement with GE Oil & Gas, Inc. (the "Developer "), pursuant to the City's 380 Program; and WHEREAS, the SEDC held a meeting on April 28, 2016, and the Board of Directors voted to recommend approval of Amendment No. 1 to the Development Agreement (GE Oil & Gas, Inc.) ( "First Amendment ") to the City Council; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby approves the First Amendment and authorizes the City Manager to execute and deliver the First Amendment with the SEDC, and the Developer in substantially the form 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 1 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 Government. Code, as amended. 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 day o , 2016. CITY O SCHER , EXAS MiAd Carpenter, Mayor ATTEST: Brenda Dennis, City ecretary (CITY SEAL) FA