18-R-80 - Development Performance Agreement between SEDC and Kellum Family Medicine IncWHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001
Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act")
authorizes a development corporation to fund certain projects as defined by the Act and requires
development corporations to enter into performance agreements to establish and provide for
the direct incentive or make an expenditure on behalf of a business enterprise under a project;
and
WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure
improvement projects that are found by the board of directors to be required or suitable for
infrastructure necessary to promote or develop new or expanded business enterprises; and
WHEREAS, Section 501.158 of the Act requires an incentive agreement to provide at
a minimum for a schedule of additional payroll or jobs to be created or retained and
capital investment to be made as consideration for any direct incentives provided or
expenditures made by the corporation under the agreement and to specify the terms under which
repayment must be made if the business enterprise does not meet the performance requirements
specified in the agreement; and
WHEREAS, Section 505.159 of the Act requires that a corporation hold at least one public
hearing on the proposed project before spending money to undertake the project, the public
hearing was held on June 28, 2018; and
WHEREAS, the SEDC Board of Directors approved the Economic Development
Performance Agreement with Kellum Family Medicine, Inc. set forth on Exhibit A attached
hereto and incorporated herein between the SEDC, and Kellum Family Medicine, Inc., pursuant
to the Act, at the SEDC's Board of Directors meeting on June 28, 2018 and July 10, 2018; and
WHEREAS, Section 501.073 of the Act requires that the corporation's authorizing unit
to approve all programs and expenditures of a corporation; and
WHEREAS, the SEDC has recommended that the City authorize the program and
expenditures associated therewith; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City Council hereby authorizes the program and expenditures as provided
for in the Economic Development Performance Agreement Kellum Family Medicine as set
forth in 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 fmdings 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 fmal passage,
PASSED AND ADOPTED, this 10th day of July 2018.
IgIIral Wipj:11:71LALL :I2'N
R. Carpenter, Mayor
ATTEST:
Brenda Derims, i ecre ary
(CITY SEAL)
., D