17-R-74 - EDC Approved Expenditures Ace Mart RestaurantRESOLUTION NO. 17 -R -74
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS
PROVIDED FOR IN THE ECONOMIC DEVELOPMENT
PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION AND ACE MART
RESTAURANT SUPPLY CO.; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 Texas
Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ")
authorizes a development corporation to fiend 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 expenditure on behalf of a business enterprise under a project; and
WHEREAS, Section 501.158 of the Act requires an incentive agreement to provide at a
minimum for a schedule of additional payroll or jobs to be created or retained and capital
investment to be made as consideration for any direct incentives provided or expenditures made
by the corporation under the agreement and to specify the terms under which repayment must be
made if the business enterprise does not meet the performance requirements specified in the
agreement; and
WHEREAS, Section 505.159 of the Act requires that a corporation hold at least one public
hearing on the proposed project before spending money to undertake the project, the public hearing
was held on August 24, 2017; and
WHEREAS, Company desires to relocate and expand its transportation and warehousing
operations to the Facility located in Schertz, Texas; and
WHEREAS, the Corporation desires to offer an incentive to enable the Company to relocate
and expand its operations pursuant to the Agreement in substantial conformity with the Schertz
Incentive Policy and the Act; and
WHEREAS, the City of Schertz Economic Development Corporation ( "SEDC ") Board of
Directors approved the Economic Development Performance Agreement for Ace Mart Restaurant
Supply Co. set forth on Exhibit A attached hereto and incorporated herein (the "Agreement ")
between the SEDC, and Ace Mart Restaurant Supply Co. (the "Company "), pursuant to the Act, at
the SEDC's Board of Directors meeting on August 24, 2017; and
WHEREAS, Section 501.073 of the Act requires that the corporation's authorizing unit to
approve all programs and expenditures of a corporation; and
WHEREAS, the SEDC has recommended that the City authorize the program and
expenditures associated therewith; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The City Council hereby authorizes the program and expenditures as provided
for in the Economic Development Performance Agreement with Ace Mart Restaurant Supply Co. as
set forth in 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 b. 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 29th day of August, 2017.
CITY OF SCHERTZ TE AS
Michael R. Carpenter, Mayor
A'TT7T:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT
ACE MART RESTAURANT SUPPLY CO.