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15-R-92 - ILA with Lone Star Rail DistrictRESOLUTION NO. 15 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE LONE STAR RAIL DISTRICT (LSRD); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to have a rail station within the City of Schertz: and WHEREAS, the Lone Star Rail District was created to provide regional passenger rail service along the IH -35 corridor; and WHEREAS, regional rail service is key to meeting the region's future transportation needs by adding capacity to the regional transportation system without the disruption and expense of freeway expansion; and WHEREAS, the introduction of regional passenger rail service can have positive effects on a region's economy through transportation impacts; and WHEREAS transportation accessibility and mobility is one of several important economic growth factors; and WHEREAS the City of Schertz has been a member of the Lone Star Rail District in an effort to bring passenger rail service to Schertz; and WHEREAS the Schertz Economic Development Corporation (SEDC) has found and determined that the payment of the membership fee is suitable for the development of mass commuting facilities and infrastructure located on or adjacent to a railport facility; and WHEREAS the SEDC held a meeting on October 22, 2015 and the Board of the SEDC voted to recommend that the City enter into the Interlocal Cooperation Act Agreement to bring about passenger rail service in Schertz; and WHEREAS the Interlocal Cooperation Act Agreement is authorized by Chapter 791 of the Texas Government Code; and WHEREAS LSRD and the City wish to outline funding obligations including the creation of a transportation infrastructure zone; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Interlocal Cooperation Act Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council authorizes the City Manager to execute and deliver the Interlocal Cooperation Act Agreement between the City of Schertz and the Lone Star Rail District in substantially the form 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 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 ADOPTED, this 17th day of November, 2015. ATT ST: i Brenda Dennis, City Secretary (CITY SEAL) CITY OF S Z, TEXAS a or Michael R. Carpenter 2 EXHIBIT A INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE LONE STAR RAIL DISTRICT A -1