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12-R-45 Appointing George Antuna To the Lone Star Rail District Board of DirectorsRESOLUTION NO. 12-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING COUNCILMAN GEORGE ANTUNA TO FILL THE VACANCY OF MAYOR HAL BALDWIN ON THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") has been a member of the Lone Star Rail District since 2007 and the City Council appoints one member to the Lone Star Rail District Board of Directors; and WHEREAS, the City's current appointment is Mayor Hal Baldwin (the "Mayor") and in accordance with the Rail District's governing statute (Texas Civil Statutes P,rticle 6550c-1) and bylaws, each board member serves atwo-year term; additionally, the terms are staggered so that one-half of the board members' terms expire on February 1 each year to ensure board continuity; and WHEREAS, on January 17, 2012 the Mayor was reappointed to represent the City of Schertz for atwo-year term to run from February 1, 2012 to February 1, 2014; and WHEREAS, the Mayor passed away on April 6, 2012; creating a vacancy. The City of Schertz needs to appoint an elected official to fill the vacancy; and WHEREAS, The City Council has determined that it is in the best interest of the City to appoint Councilman George Antuna to the Lone Star Rail District Board of Directors for the unexpired term. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council appoints Councilman George Antuna to serve on the Lone Star Rail District Board of Directors for the Term as indicated. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made part of this Resolution for all purposes and are adopted as a part of the judgment and finding 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resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 S. 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 official found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of 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 is final passage, and it is so resolved. PASSED AND ADOPTED, this 29"' day of May, 2012. ATTEST: City ecretary (CITY SEAL)