20-R-03 - Authorizing a program & expenditures for TRI County Parkway & Intersections infrastructure improvements (EDC)RESOLUTION NO. 20 -R -03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES FOR THE
TRI COUNTY PARKWAY & INTERSECTION INFRASTRUCTURE
IMPROVEMENTS BY THE CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz Economic Development Corporation ( "SEDC ") is a non-
profit industrial development corporation duly established under 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 "); and
WHEREAS, all powers of the SEDC are vested in the SEDC Board of Directors (the
"Board ") appointed by the governing body of the corporation's authorizing unit; and
WHEREAS, Section 501.073 of the Act requires that the corporation's authorizing unit
approve all programs and expenditures of a corporation; and
WHEREAS, according to Section 501.103 of the Act, the Board has found that certain
infrastructure improvements to Tri County Parkway, Lookout Road between Tri County Parkway
and Doerr Lane, and the intersection at FM 3009 and Tri County Parkway ( "Tri County Parkway
& Intersection ") are necessary to promote or develop new or expanded business enterprises; and
WHEREAS, the Board has allocated FOUR MILLION AND FIFTY THOUSAND and
NO /100 DOLLARS ($4,050,000.00) to pay for the design, construction, and contingency to
complete the Tri County Parkway & Intersection infrastructure improvements; and
WHEREAS, the funds will be used by the City of Schertz to design and construct the
infrastructure improvements identified on Exhibit A hereto attached; and
WHEREAS, The SEDC held a public hearing at its October 17, 2019 meeting and the
Board approved SEDC Resolution 2019 -19 authorizing the Tri County Parkway & Intersection
infrastructure improvement project subject to the City Council's authorization.; and
WHEREAS, the SEDC has recommended that the City Council authorize the program and
expenditures associated therewith this project; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the program and expenditures of up to
FOUR MILLION AND FIFTY THOUSAND and NO /100 DOLLARS ($4,050,000.00) for the Tri
County Parkway & Intersection infrastructure improvements identified on Exhibit A hereto
attached.
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 7th day of January, 2020.
CITY OF SCHERTZ, TEXAS
R O Gut. -rez, Mayor
ATTEST:
(Heavi
Exhibit A
INFRASTRUCTURE IMPROVEMENTS
Infrastructure Improvement Area
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