17-R-59 - EDC Comal County Commissioners CourtRESOLUTION NO. 17 -R -59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR
PROVISIONS OF ECONOMIC DEVELOPMENT SERVICES BETWEEN
THE STATE OF TEXAS COMAL COUNTY COMMISSIONERS COURT
AND THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION, 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 ") provides a corporation those powers incidental or necessary to the purposes of the
corporation; and
WHEREAS, the City of Schertz Economic Development Corporation (hereinafter
"SEDC ") will assist the Comal County, a political subdivision of the State of Texas (hereinafter
"COUNTY ") , in the pursuit of the goal to diversify the ad valorem tax base, in creating new
jobs, and encouraging capital investment within those portions of the County which are located
within the City of Schertz and its extra - territorial jurisdiction; and
WHEREAS, COUNTY and SEDC desire to enter into an agreement (the "Agreement ")
to have the SEDC assist in providing economic development services to the County when in the
best interest in the City of Schertz; and
WHEREAS, on July 27, 2017, the SEDC Board of Directors met at their regular board
meeting to consider, discuss and act on the Agreement for Provision of Economic Development
Services between the SEDC and the County. A motion was made by Mr. Richard. Seconded by
Mr. Howell to approve the Agreement and to recommend that the City Council authorize the
Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the Agreement for Provisions of Economic Development Services Between the Schertz
Economic Development Corporation and the State of Texas Comal County Commissioners
Court 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 Economic Development Services Between the City of
Schertz Economic Development Corporation and the State of Texas Comal County
Commissioners Court 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 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 8ch day of August, 2017.
CITY OF ERTZ, TEXAS
ael Carpenter, Mayor
ATTEST:
Donna Schmoekel, Deputy City Secretary
(CITY SEAL)
EXHIBIT A
AGREEMENT FOR PROVISIONS OF ECONOMIC DEVELOPMENT SERVICES
BETWEEN THE STATE OF TEXAS COMAL COUNTY COMMISSIONERS COURT
AND THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION