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21-T-48 - Adjustment to the FY 2021-22 Budget to provide additional funding for the Tri County Parkway ProjectORDINANCE NO. 21-T-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021- 2022 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE TRI COUNTY PARKWAY PROJECT CONSTRUCTION PHASE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 21 -T -38, the City Council of Schertz, Texas, (the "City ") adopted the budget for the City for the fiscal year 2021 -2022 (the "Budget "), which provides funding for the City's operations throughout the 2021 -2022 fiscal year; and WHEREAS, part of the annual budget is the operational budget for the City of Schertz Economic Development Corporation ( "SEDC ") is a non - profit industrial development corporation duly established under the Development Corporation Act of 1979; and WHEREAS. On October 17, 2019, the SEDC Board of Directors approved Resolution No. 2019 -19 recommending to City Council approval of up to $4,050,000 for resurfacing of Tri County Parkway from the FY 2020 -2021 SEDC Budget and on January 7, 2020, City Council approved Ordinance No. 20 -R -03 approving allocation of funding for the Tri County Parkway project; and, WHEREAS, total construction budget based on lowest bid and contingency totals $4,900,00 and require the allocation of an additional $1,240,000.00 bringing the total project cost including scoping and construction to $5,290,000.00; and, WHEREAS, On October 28, 2021, the SEDC Board of Directors approved Resolution No. 2021 -10 recommending to City Council approval of up to $5,290,000.00 for resurfacing of Tri County Parkway; and, WHEREAS, the SEDC is requesting the City to authorize a budget amendment to allocate an additional $1,240,000.00 from the SEDC reserve fund to the City of Schertz general fund for the construction phase of the Tri County Parkway project; and, WHEREAS, City Staff recommends that the City Council of the City adjust the Budget and approve the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1r1:M Section 1. The City shall amend the FY 2021 -2022 Adopted Budget to allocate an additional $1,240,000.00 from the SEDC reserve fund to the City of Schertz general fund for the construction phase of the Tri County Parkway Project. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the applicationof such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subjectmatter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. PASSED AND ADOPTED, on first reading this 9 th day of November, 2021. PASSED AND ADOPTED, on second and final reading this 7th day of December, 2021. CITY OF SCHERTZ, TEXAS Ralp Rut,`er�ez, Mayor ATTE•-53-: Brenda Dennis, City ecretary (CITY SEAL) SEDC RESOLUTION NO. 2021-10 A RESOLUTION BY THE CITY OF SCHERTE ECONOMIC DEVELOPMENT CORPORATION, TEXAS AUTHORIZING CERTAIN EXPENDITURES FOR THE TRI COUNTY PARKWAY INFRASTRUCTURE IMPROVEMENTS; 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 of the powers of the corporation are vested in the SEDC Board of Directors (the "Board ") appointed by the governing hody of the corporation's authorizing unit; and WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure improvement projects that are found by the Board to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises; and WHERAS, Tri County Parkway is a major collector that supports primary job employers and commercial businesses; and WHEREAS, Tri County Parkway, Lookout Road between Tri County Parkway and Doerr Lane, and to the intersection of FM 3009 and Tri County Parkway ( "Tri County Parkway") are in significant need of repair to ensure future private investment within the City of Schertz; and, WHEREAS, on October 17, 2019, the SEDC Board of Directors approved Resolution 2019 -19 authorizing $4,050,000 for this project and Schertz City Council subsequently approved Resolution 20 -R -03 authorizing use of funds; and, WHEREAS, the City of Schertz began work in 2021 and contracted with Halff to scope and bid the project and the bids received exceeded the prior allocation of funds from the SEDC; and, WHEREAS, the SEDC has re- evaluated the Tri County Parkway infrastructure improvements and has found that an increase of allocated funds in the amount of ONE MILLION TWO HUNDRED AND FORTY THOUSAND and NO /100 DOLLARS ($1,240,000) based on the bids received is necessary, bringing the new proj ect total to FIVE MILLION TWO HUNDRED AND NINETY THOUSAND and NO /100 DOLLARS ($5,290,000) to pay for the design, construction, and contingency to complete the project; 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, 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 September 26, 2019; and WHEREAS, Section 501.073 of the Act requires the SEDC's authorizing unit to approve all programs and expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF SCHERTZ ECONOMIC DEVELOMPENT CORPORATION THAT: Section 1. Subject to the authorization of the project funds by the City of Schertz City Council, the Board hereby authorizes up to FIVE MILLION TWO HUNDRED AND NINETY THOUSAND and NO /100 DOLLARS ($5,290,000) for the Tri County Parkway infrastructure improvements identified on Exhibit A hereto attached. Section 2. The Board hereby authorizes the Executive Director to request the City Council adopt an ordinance amending the SEDC Budget for Fiscal Year 2021 -22 to allocate the additional funding contemplated herein for the reasons stated in the foregoing recitals. Section 3. 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 Board. Section 4. 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 he and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section b. 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 Board hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. 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 he considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. -2- PASSED AND ADOPTED, this 28th day of October 2021, ATTEST + t,mi"a- Sammi I or,rill, SEDC Board Secretary CITY OF SCHERTZ ECONOMIC DEVELOPMENT- 0 )RPORATION Paul Nacal uso,, SEDC Board President -3- EXHIBIT A INFRASTRUCTURE IMPROVEMENTS TRI COUNTY PARKWAY FROM FM 3009 TO IH-35 TRI COUNTY PKVVY: 4,352 FT = 0.82 -MI LOOKOUT RD : 652FT=0.12MI AREA OF DISTURBED $OIL = 9.13 AC ROADWAY CLASSIFICATION = COW ERCIAL COLLECTOR DESIGN SPEED: TRI COUNTY PKWY m 30 MPH LOOKOUT:l .RD El P = 35 M- H -4- BEGIN PROJECT -STA 10+61 AR rk7RI COUNTY PKWY ND PROJECT TA 16+73.00 co I rt LOOKOUT RD BEGIN PROJECT 10+21.0 ORID UT 35- END PROJECT STA 54+13.67 TRI COUNTY PKWY -4-