16-R-33 - Agreement with KMAC ConstructionRESOLUTION NO. 16 -R -33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TO FUND A
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION ( "SEDC "), AND KMAC
CONSTRUCTION SERVICES, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, by Resolution 15 -R -52 the SEDC purchased the improved property located
at 1300 Schertz Parkway; and
WHEREAS, on April 28, 2016 at the regular monthly meeting the SEDC approved the
City of Schertz Economic Development Corporation Construction Agreement (the "Construction
Agreement ") with KMAC Construction Services, Inc. as set forth in Exhibit A, subject to the
City Council's authorization of expenditures; and
WHEREAS, the SEDC has recommended that the City Council approve the expenditures
for in the Construction Agreement; 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 KMAC Construction Services, Inc. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 SCHE EXAS
4ayo
ATTEST:
City Secretary
(CITY SEAL)
EXHIBIT A
CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ( "SEDC ")
Construction Agreement