14-R-62 - Contract approved by Board Of Directors SSLGC to purchase certain propertyRESOLUTION NO. 14 -R -62
RESOLUTION BY THE CITY COUNCIL RATIFYING CONTRACT APPROVED BY
THE BOARD OF DIRECTORS OF THE SCHERTZ - SEGUIN LOCAL GOVERNMENT
CORPORATION FOR THE PURCHASE OF CERTAIN PROPERTY IN GUADALUPE
COUNTY AND, IF NECESSARY, AUTHORIZING THE CITY OF SCHERTZ TO
ACCEPT AN ASSIGNMENT OF THE CONTRACT AND ASSUME THE
OBLIGATIONS UNDER THE CONTRACT
WHEREAS, the City Council, in conjunction with the city council of Seguin, Texas, previously
caused the creation of the Schertz- Seguin Local Government Corporation (SSLGC) to act on
behalf of the two cities to develop additional sources of water supply, subject to the right of
oversight by the city councils of the two cities;
WHEREAS, the SSLCGC board of directors has determined that it is in the best interest of the
two cities to develop wells located in Guadalupe County to produce water from the Carrizo
Aquifer and the Wilcox Aquifer;
WHEREAS, in order to develop the proposed Guadalupe Project, the SSLGC board has
determined that it is in the best interest of the SSLGC to purchase a 1,469 acre, more or less,
tract of land located in Guadalupe County and, subject to ratification by the city councils of the
two cities, the SSLGC board of directors has approved a form earnest money contract to
purchase the land;
WHEREAS, the performance of the earnest money contract requires the issuance of debt to
which the City Council must agree.
NOW, THEREFORE, be it resolved by the City Council of the City of Schertz, that
Section 1. The purchase by the Schertz- Seguin Local Government Corporation of the
1,469 acre tract of land upon the terms expressed in the earnest money contract
negotiated with the seller is ratified and approved.
Section 2. The City Council consents to and authorizes the SSLGC to issue debt,
when necessary, in order to pay the purchase price.
Section 3. The City Council authorizes the City of Schertz to accept the assignment
of the contract from the SSLGC and assume the rights and obligations under the contract
should the City Council of the City of Seguin require the SSLGC to assign the contract to
the City of Schertz as a condition to its approval of the contract.
Section 4. 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 5. 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 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 7. 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 8. 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 9. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
ADOPTED AND EFFECTIVE this 15`x' day of J
R. Carpenter, Mayor
Att t
1.SwV �
Brenda Dennis, City Secretary
Resolution # SSLGC R14 -06
CERTIFICATE OF RESOLUTION REGARDING PURCHASE OF BOOTH TRACT
THE STATE OF TEXAS
COUNTY OF GUADALUPE
I, the undersigned President for the Schertz- Seguin Local Government Corporation do hereby
certify as follows:
1. That on the 1st day of July 2014, a special called meeting of the Board of Directors was
held at the city council chambers of the City of Schertz located at 1400 Schertz Parkway, Building
#4, Schertz, Texas; the duly constituted members of the board of directors being as follows:
Ken Greenwald, President Robin Dwyer, Vice President
Lang Dublin, Secretary Kerry Koehler, Treasurer
T. "Jake" Jacobs, Assistant Secretary - Treasurer
and all said persons were present at said meeting, except _ All were present _
Among other business considered at said meeting, the following motion was made and seconded:
"Move to accept the purchase of the Booth Tract under the terms and conditions
set forth in the earnest money contract presented to the board of directors and
authorize the officers to sign the contract on behalf of the SSLGC, subject to the
approval by the city councils of both the City of Schertz and the City of Seguin"
and submitted to the Board of Directors for passage and adoption. After presentation and due
consideration of the motion, the motion was duly passed and adopted by the board of directors by
the following vote:
5 voted "For" 0 voted "Against' 0 abstained
all as shown in the official Minutes of the Board of Directors for the meeting held on the aforesaid
date.
2. The duly qualified and acting members of the Board of Directors on the date of the aforesaid
meeting are those persons shown above and, according to the records of my office, advance notice
of the time, place and purpose of said meeting was given to each member of the board of directors;
and that said meeting, and deliberatidn of the aforesaid public business, was open to the public and
written notice of said meeting, including the subject of the above entitled resolution, was posted and
given in advance thereof in compliance with the provisions of Chapter 551 of the Texas
Government Code.
IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said
Schertz- Seguin Local Government Corporation, this 1st day of July, 2014.
Seal �� �'0�A9��,✓i%;0
Ken Greenwald,
President
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Resolution # SSLGC R14 -06
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the 1st day of July, 2014 by Ken
Greenwald, President of the board of directors of the Schertz- Seguin Local Government
Corporation, a Texas public, non - profit corporation, on behalf of said corporation.
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REQINA C. FRANKE
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State o1 Texaa
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