12-R-22 Authorizing an Interlocal Agreement between the City of Schertz and Guadalupe CountyRESOLUTION NO. 12-R-22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN GUADALUPE COUNTY, TEXAS AND THE CITY OF
SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an Interlocal Agreement with Guadalupe County, a political subdivision of the
State of Texas ("County") relating to economic development programs; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Guadalupe County pursuant to the Interlocal Agreement between Guadalupe
County, Texas and the City of Schertz, Texas attached hereto as Exhibit A (the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Guadalupe County in substantially the foam 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 Govermnent Code, as amended.
Section 7. This Resolution shall be in force and effect fiom and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 6th day of March, 2012.
CITY OF SCIXERTZ, TEXAS
Hal Baldwin, Mayor
ATTEST:
\ )Sl Q ~--e~~ litik%1
Bren a Dennis, TRMC, MMC
(CITY SEAL)
STATE OF TEXAS
COUNTY OF GUADALUPE
INTERLOCAL AGREEMENT WITH TI-IE CITY OF SCHERTZ
FOR ECONOMIC DEVELOPMENT PROGRAMS
This Interlocal Agreement is made by and between Guadalupe County, Texas, ("County"),
and the City of Schertz, Texas ("Schertz"), both of which are political subdivisions of the State of
Texas.
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; Section 74.602 of the Texas Property Code and
Section 381.004 of the Texas Local Government Code; and
WHEREAS, in payhrg for the performance of governmental fimctions described in this
Agreement, County shall make payments only from current revenues available to County and in
no event in an amount in excess of those funds received from the Texas Comptroller of Public
Accounts pursuant to the above referenced Stahrtes; and
WHEREAS, the governing body of County has determined that the promotion of
economic development described irr this Agreement benefits the citizens of Guadalupe County
and promotes the stimulation of business and commercial activity in the County, and that County
has the legal authority to provide and/or perform the fimctions and services contemplated by this
Agreement, and that the provision and/or performance of such fimctions and services is in the
common interest of the parties hereto and the citizens of both County and Schertz; and
WHEREAS, the parry agrees that the tender of the sums set forth in this Agreement
constitutes fair compensation to Schertz for the services provided ender this Agreement; and
WHEREAS, County has received funds from the Texas Comptroller of Public Accounts
relative to unclaimed property reports in the amount of $38,182.29; and
WHEREAS, the Texas Local Goverment Code Section 381,004 requires that said funds
be used for, among other uses, State and Local economic development programs and purposes;
and
WHEREAS, Schertz currently operates economic development programs in their
respective city;
NOW, THEREFORE, for and inconsideration of the mufial ptoniises set forth herein,
including the recitations set forth above, the parties agree as follows:
1NTERLOCAL AGREEMENT
ECONOMIC DEVELOPMENT PROGRAMS
PAGE TWO
1. County shall pay the sum of $12,727.43 to Schertz, to admhuster, operate and
conduct economic development programs in accord with all Resolutions,
Ordinances, guidelines and criteria established by Schertz for the purposes of
economic development.
2. Because such programs and activities will not necessarily all occur within
the remaining fiscal year, that portion of funds received by Schertz maybe
carried forward into fuhue fiscal years in order to most effectively utilize the
revenue for economic development for Guadalupe County.
3, In order to establish a satisfactory repotting of activities, the respective City
agrees to provide a written report to the Guadalupe County Commissioners
Court no later than sixty days after the close of each fiscal year outlining the
activities and amounts expended in accordance with this Agreement.
4. In the event that additional fitnds may become available to the County, this
Agreement may be amended by the party as may be necessary from time to
time.
S. By entering into this Agreement, neither party agrees to underta[ce or be bound
to any obligations, express or implied, other than those set forth herein and this
Agreement shall not create any rights or causes of action in favor of third
patties.
APPROVED AND SIGNED on this 24`x' day of January, 2012 ~+`y~
GUADAL E C UNT ATTEST:
BY: BY.
GUADALUPE CO JUDGE GUADALUPE COUNTY CLE
CITY OF SCIIERTZ
BY:
HER CITY MANAGER
CITY OF SCHERTZ
BY; Q~.~~cYv~ rr~ n
SCI-IERTZ CITY SECRETARY