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<br />ORDINANCE NO. 07-M-01 <br /> <br />AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF <br />SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE <br />TEXAS DEPARTMENT OF TRANSPORTATION TO CONTRIBUTE <br />FUNDS RELATING TO IMPROVEMENTS TO FM 3009; AND OTHER <br />MATTERS IN CONNECTION THEREWITH <br /> <br />WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the <br />"City") has determined that it is in the best interest of the City to enter into an agreement with <br />the State of Texas, acting through the Texas Department of Transportation (the "State"), to <br />acquire a right-of-way and adjust utilities for a highway project on that portion of highway FM <br />3009 located between highways IH 35 and FM 2252 and within the City limits, containing the <br />terms described herein; and <br /> <br />WHEREAS, the City desires to voluntarily contribute to the State funding participation <br />as defined in 43 TEX. ADMIN. CODE S 15.55 (2006) (Tex. Dept. of Transp., Construction Cost <br />Participation) for the cost of acquiring said right-of-way and relocating or adjusting utilities for <br />the proper improvement ofthe State Highway System; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF SCHERTZ, TEXAS: <br /> <br />Section 1. The City Council hereby authorizes the City Manager to execute and <br />deliver an agreement to contribute funds and related documentation. Such agreement shall have <br />terms consistent with the terms set forth on Exhihit A attached hereto. <br /> <br />Section 2. The recitals contained in the preamble hereof are hereby found to be true, <br />and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a <br />part of the judgment and findings of the Council. <br /> <br />Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with <br />any provision of this Ordinance are hereby repealed to the extent of such conflict, and the <br />provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. <br /> <br />Section 4. This Ordinance shall be construed and enforced in accordance with the <br />laws of the State of Texas and the United States of America. <br /> <br />Section 5. If any provision of this Ordinance or the application thereof to any person <br />or circumstance shall be held to be invalid, the remainder of this Ordinance and the application <br />of such provision to other persons and circumstances shall nevertheless be valid, and the Council <br />hereby declares that this Ordinance would have been enacted without such invalid provision. <br /> <br />20178387.2 <br /> <br />1 <br />