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12-R-78 - Transfer of 100,000 from Park Land Dedication fund to fund 317 to the capital projects fund 404 and award the design/build contract to SPA Skateparks for construction of Skate ParkRESOLUTION NO. 12 -R -78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE TRANSFER OF $100,000 FROM THE PARK LAND DEDICATION FUND 317 TO THE CAPITAL PROJECTS FUND 404 AND AWARD THE DESIGN/BUILD CONTRACT TO SPA SKATEPARKS FOR THE CONSTRUCTION OF A SKATE PARK TO ALLOW THE ACCESS TO AND USE OF CITY PROPERTY AS A RECREATION AREA AND RELATED FACILITIES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that $100,000 be transferred from the Park Land Dedication Fund 317 to the Capital Projects Fund 404 and that the design/build contract be awarded to SPA SKATEPARKS for the construction of and development of a design/build skate park on City property located adjacent to Schertz Parkway, north of the existing Schertz Ballpark Complex, behind the existing commercial center at 1420 Schertz Parkway, and fronting Dietz Creek; and WHEREAS, the City Council has determined that it is in the best interest of the City of Schertz to transfer said funds and award the design/build contract to construct the skate park; 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 transfer funds from the Park Land Dedication Fund 317 to the Capital Project Fund 404 and award the design/build contract to construct the skate park to SPA SKATEPARKS. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 ° L ' ,x,.2012. CITY CH TZ, TEXAS Mayor Pro -Tem — George Antuna Jr. ATTEST; Brenda Dennis, City Secretary ( CITYY SEAL,)