16-R-20 - Agreement TxDot for voluntary contributions for FM1103RESOLUTION NO. 16 -R -20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING AN ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR VOLUNTARY LOCAL GOVERNMENT
CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH FOR FM 1103
WHEREAS, the Texas Department of Transportation (TxDOT) has been authorized to
undertake and complete an improvement project generally described as an expansion of FM
1103.
WHEREAS, the voters of the City of Schertz (City) passed a bond measure on November
3, 2015, authorizing the City Council to issue bonds for the purpose of making public
improvements to FM 1103.
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Advance Funding Agreement with TxDOT for Voluntary Local Government Contribution to
the FM 1103 improvement project.
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 Advance Funding Agreement with TxDOT in substantially the form set forth on
Exhibit A and authorizes payment to TxDOT of $1,818,774 60 days prior to the letting of the
project for construction.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 1St day of March, 2016.
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
ayor, Michael R. CSrpentej
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