19-R-59 EDC Program and Expenditures for Infrastructure Improvements along Main StreetRESOLUTION NO. 19 -R -59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES FOR
CERTAIN INFRASTRUCTURE IMPROVEMENTS ALONG MAIN
STREET BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION ( "SEDC "); 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 corporation 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 501.103 of the Act authorizes expenditures for certain infrastructure
improvement projects that are found by the Board of Directors to be required or suitable for
infrastructure necessary to promote or develop new or expanded business enterprises; and
WHEREAS, at the SEDC Board Meeting held on April 25, 2019 the Board of Directors
found that the infrastructure improvement projects on and along main Street are required to
promote or develop new or expanded business enterprises and it is in the best interest of the SEDC
to participate with the City of Schertz in connection with its plans to improve Main Street; and
WHEREAS, Section 501.159 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 April 25, 2018; and
WHEREAS, the SEDC Board of Directors approved the SEDC Resolution 2018 -7
approving certain infrastructure improvements along Main Street identified on Exhibit A; 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 THAT:
Section 1. The City Council hereby authorizes the program and expenditures of up to
FIVE HUNDRED THOUSAND and No /100 dollars ($500,000.00) in SEDC funds for
infrastructure improvements along Main Street as identified 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 7t' day of May, 2019.
CITY OF SCWT'Z, TEXAS
Carpenter, Mayor
ATTEST:
Exhibit A
INFRASTRUCTURE IMPROVEMENTS
Eligible Infrastructure Improvements
- Streets and roads - Gas utilities
- Rail Spurs - Drainage
- Water and sewer utilities - Site improvements
- Electric utilities - Related improvements