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2009R12-Library Irrigation Reimbursement RESOLUTION NO. 09-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REIMBURSEMENT OF GENERAL FUND MONEY FOR IRRIGATION TO BE PERFORMED AT THE CITY'S NEW LIDRARY FACILITY. WHEREAS, the City Staff of the City of Schertz (the "City") has determined that the City requires irrigation services be conducted immediately relating to the new Library facility located at 798 Schertz Parkway, Schertz, Texas, WHEREAS, the City Staff recommends to the City Council to approve the expenditure of funds for the irrigation to be allocated out of general funds and then reimbursed from the City's tree mitigation funds once approval of the UDC has been completed, WHEREAS, the City Staff has determined it is in the City's best interest to enter into an agreement with Choate Irrigation pursuant to the Irrigation Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager or their designee to procure services for irrigation work to be conducted at the City's new Library facility located at 798 Schertz Parkway, Schertz, Texas in 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resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 17th day of February 2009. ~~ ./ Mayor ( ~T ~ LIl ~.CA- ;() City Secretary (CITY SEAL)