16-R-05 - EDC Expenditures David Lack Blvd.RESOLUTION NO. 16 -R -05
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TO FUND A
CONSTRUCTION AGREEMENT FOR THE DAVID LACK
BOULEVARD EXTENSION PROJECT BETWEEN THE CITY OF
SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND
YANTIS COMPANY, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et
seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the
"Act ") authorizes a development corporation to fund certain projects as defined by the Act and
requires development corporations to enter into performance agreements to establish and provide
for the direct incentive or make an expenditures on behalf of a business enterprise under a
project; and
WHEREAS, pursuant to Resolution 14 -R -14, the City of Schertz (the "City) approved a
Development Agreement with GE Oil & Gas Inc. (the "Development Agreement ") and
authorized the infrastructure incentive to construct, or cause to be constructed, an extension of
David Lack Drive as defined in the Development Agreement; and
WHEREAS, pursuant to Ordinance 14 -T -13 the City authorized a budget adjustment to
the Development Incentive Fund for the Development Agreement with GE Oil & Gas in the
amount of $200,000; and
WHEREAS, The City of Schertz Economic Development Corporation (the "SEDC ")
issued a Request For Proposals and it was found by the selection Committee that the Yantis
Company (the "Company ") was the highest ranking bidder, and
WHEREAS, the SEDC approved the City of Schertz Economic Development
Corporation Construction Agreement (the "Construction Agreement ") with the Company as set
forth in Exhibit A attached hereto and incorporated herein the Construction Agreement among
the SEDC and Company at the SEDC board meeting on January 28, 2016, and
WHEREAS, the SEDC has recommended that the City approve the expenditures
for in the Construction Agreement with the SEDC and the Company; and
WHEREAS, Section 501.073 of the Act requires that the corporation's
authorizing unit will approve all programs and expenditures of a corporation; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The City Council hereby authorizes the expenditures provided for in the
Construction Agreement with Yantis Company as set forth on Exhibit A.
Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 4. 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 5. 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 6. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this day of 2016.
CITY OF SC , TEXAS
ay r
ATTEST:
%J C j
City Secretary
(CITY SEAL)
EXHIBIT A
CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION
CONSTRUCTION AGREEMENT
Yantis Company