2003R17- SALE AND PURCHASE AGREEMENT
RESOLUTION NO. 1J.3 - ;( - /1
RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A
SALE AND PURCHASE AGREEMENT, A SPECIAL WARRANTY DEED,
AND A LEASE/PURCHASE AGREEMENT WITH UNIVERSAL CITY,
TEXAS; RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO; AND SETTING AN EFFECTIVE DATE
WHEREAS, the City of Schertz, Texas (the "City") has determined to enter into certain
agreements with the City of Universal City, Texas ("Universal City") pursuant to which the City
will sell to Universal City certain real estate owned by the City in Universal City and the water
tanks and certain equipment located therein, retaining its interests in certain other property
located thereon or incident thereto, some of which it will lease to Universal City with the option
to purchase in the future (together, the "Transaction");
WHEREAS, the City Council has been presented the forms of a Sale and Purchase
Agreement, a Special Warranty Deed, and a Lease/Purchase Agreement in the forms attached
hereto as Exhibits A, B, and C, respectively; and
WHEREAS, it is in the best interests of the City to proceed with the execution and
delivery of the above-described documents to effectuate the Transaction,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. The terms of the Sale and Purchase Agreement, the Special Warranty
Deed, and the Lease/Purchase Agreement, in substantially the forms and to the effect presented
to the City Council, are hereby approved, and the City Manager is authorized and directed to
execute and deliver the Sale and Purchase Agreement, the Special Warranty Deed, and the
Lease/Purchase Agreement to Universal City, together with any and all certificates and other
instruments described therein upon the conditions therein described or necessary or desirable in
connection with consummation of the Transaction, and the City Manager is authorized to
negotiate and approve such changes in the terms of each such instrument (prior to the execution
and delivery thereof) as he shall deem necessary or appropriate upon the advice of the City
Attorney, and approval of the terms of each such instrument by the City Manager shall be
conclusively evidenced by his execution and delivery of such documents.
SECTION 2. All actions not inconsistent with the provisions of this Resolution
heretofore taken by the City Council in connection with the Transaction are ratified, approved,
and confirmed. The City Manager and the other officials of the City, or any of them, are
authorized to take any and all action necessary to carry out and consummate the Transaction
described in or contemplated in the instruments approved hereby or otherwise to give effect to
the Transaction authorized hereby and the intent hereof
DC Contract Resolution.doc
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SECTION 3. 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 Texas Government Code, Chapter 551, as amended.
SECTION 4. This Resolution shall take effect and be in full force immediately upon its
adoption.
PASSED, APPROVED, AND ADOPTED, this September 2,2003.
ATTEST:
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MaYO~~ty 6'rSchertz, Texas
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(City Seal)
DC Contract Resolution.doc
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THE STATE OF TEXAS }
COUNTIES OF GUADALUPE, BEXAR AND COMAL }
CITY OF SCHERTZ }
I, NORMA ALTHOUSE, City Secretary in and for the City of Schertz, Texas,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct
copy of Resolution No. 03-R-17 approved by City Council at their Regular
Session of September 2, 2003.
I FURTHER CERTIFY that the public notice of the time, place and purpose
of said meeting was posted in accordance with V.T.C.A., Government Code,
Section 551.041.
WITNESS MY HAND AND SEAL OF SAID CITY on this 31 st day of March,
2004.
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City ecretary, City of Schertz, Texas
(SEAL OF CITY)