25-R-158 EDC Performance Agreement-First Amendment and RestatementRESOLUTION 25-R-158
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN EXPENDITURE AS REFLECTED IN THE FIRST AMENDMENT
AND RESTATEMENT OF THE ECONOMIC DEVELOPMENT PERFORMANCE
AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION AND WITH PV SCHERTZ, LLC; AND OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, the City of Schertz Economic Development Corporation (herein after called
"SEDC") is a non-profit economic development corporation duly established under the
Development Corporation Act of 1979, as codified in Chapters 501-505 of the Texas Local
Government Code (the "Act"); and
WHEREAS, all powers of the corporation are vested in the SEDC Board of Directors (the
"Board") appointed by the governing body of the corporation's authorizing unity; and
WHEREAS, the Act authorizes a development corporation to fund certain projects as
defined by the Act and requires that development corporations enter into performance agreements
containing at a minimum a schedule of payroll or jobs to be created and the capital investment to
be made, in order to establish and provide for the direct incentive or make an expenditure on behalf
of a business enterprise under a project; and
WHEREAS, The SEDC and PV Schertz, LLC ("PV Schertz") (collectively, the "Parties")
entered into that certain Economic Development Performance Agreement with PV Schertz on
August 28, 2025; and
WHEREAS, the Agreement provides that PV Schertz construct and extend Public
Infrastructure Improvements, including a water line relocation of approximately 493 feet,
sewer line extension of approximately 560 feet, and would provide roadway to enhance the
future thoroughfare plan of the city approximately 535 feet of completed roadway width and
improvements, at 17680 Four Oaks Drive, in Schertz, Texas, Guadalupe County; and
WHEREAS, the agreement further provides that PV Schertz intends to complete Public
Infrastructure Improvements to allow future development of a minimum 60,000 square foot
distribution facility to be built in Schertz, Texas on the property more particularly described as
17680 Four Oaks Dr., Schertz, Texas; and
WHEREAS, the Parties desire to amend the Agreement to provide that PV Schertz
construct and extend Public Infrastructure Improvements including a water line and relocation
of approximately 1,874 feet; sewer line extension of approximately 2,044 feet and would
provide roadway to enhance the future thoroughfare plan of the city approximately 1,600 feet
of completed roadway width and improvements, at 17680 Four Oaks Drive, in Schertz, Texas,
Guadalupe County; and
WHEREAS, PV Schertz agrees to dedicate needed right-of-way of approximately
16,800 square feet to the City of Schertz and the SEDC agrees to further incentivize PV Schertz
to receive a Total Grant Award not to exceed TWO MILLION THREE HUNDRED
THOUSAND ($2,300,000) to fund the expansion, and
WHEREAS, Sections 501, 502, and 505 of the Texas Local Government Code ("Texas
LGC") authorizes the SEDC to fund certain projects as defined therein and 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 Sec. 505.159 of the Texas LGC requires the SEDC to hold a
public hearing to undertake projects, and a public hearing was held on August 28, 2025, at the
SEDC Board Meeting; and
WHEREAS, the SEDC Board met in a regular meeting on October 23, 2025, and
approved the First Amended and Restatement of the Performance Agreement with PV Schertz;
and
WHEREAS, Section 501.073 of the Act requires the City of Schertz, the SEDC
authorizing unit, to approve all SEDC programs and expenditures.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the expenditure reflected in the Economic
Development Performance Agreement attached hereto as ATTACHMENT A and approves the
participation of the SEDC as reflected therein.
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 APPROVED on the P n Yh day o92025.
CITY OF SCHERTZ, TEXAS
ATTEST:
Sheila Edmondson, dty Secreta
ATTACHMENT A