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16-R-35 - Tree installation at CCMA Sewage Treatment PlantRESOLUTION NO. 16 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE USE OF TREE MITIGATION FUNDS TO SUPPORT TREE INSTALLATION FOR CCMA AT THEIR NEW SEWAGE TREATMENT PLANT ON FM 1518 SOUTH AND TO SUPPORT TREE INSTALLATION FOR SCUCISD AT WILDER INTERMEDIATE SCHOOL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has been approached by both CCMA and SCUSISD to authorize the use of Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities; and WHEREAS, City staff has determined that Tree Mitigation Funds can be utilized to place trees at public parks, schools, and other approved public facilities throughout the City of Schertz and Tree Mitigation Funds may also be used to install irrigation systems to support the newly planted trees; and WHEREAS, pursuant to Section 21.9.9 Tree Preservation and Mitigation, Section D. Tree Mitigation the funds can be utilized as requested from CCMA ($30,000) and SCUCISD (amount not to exceed $14,000) for a total requested amount not to exceed $44,000 ; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Interlocal Agreements with CCMA and SCUCISD and authorize the expenditure of Tree Mitigation Funds to support those agreements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Interlocal Agreements with CCMA and SCUCISD and utilize Tree Mitigation Funds to support those agreements. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 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 of , 2016. CITY OF5 RTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: `° a Dennis, City Secretary (CITY SEAL) 50077397.1