16-R-62 - Agreement for Professional Services between the City of Schertz and the Schertz Economic Development CorporationWHEREAS, 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 ") provides a corporation those powers incidental or necessary to the purposes of the
corporation; and
WHEREAS, the Schertz Economic Development Corporation (the "Corporation ") desires
to engage the City for the provision of certain professional and other services to assist the
Corporation in carrying out its goals and objectives; and
WHEREAS, the Act prohibits the City from providing things of value, including
professional services, in aid of corporation without receiving fair value compensation in return;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the Agreement for Provisions of Professional Services Between the City of Schertz and
the Schertz Economic Development Corporation and that such agreement constitutes fair value
for the services to be rendered under the agreement.
NOW THEREFORE, 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 Agreement for Provisions of Professional Services Between the City of Schertz and
the Schertz Economic Development Corporation 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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
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 5 5 1, 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.
Cedric Edwards Sr,, Mayor Pro-Tem
ATTEST:
Brenda Dennis, City Secretary
AGREEMENT FOR PROVISIONS OF PROFESSIONAL SERVICES BETWEEN THE
CITY OF SCHERTZ AND THE SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION