21-T-48 - Adjustment to the FY 2021-22 Budget to provide additional funding for the Tri County Parkway ProjectORDINANCE NO. 21-T-48
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021-
2022 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE TRI
COUNTY PARKWAY PROJECT CONSTRUCTION PHASE, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 21 -T -38, the City Council of Schertz, Texas, (the
"City ") adopted the budget for the City for the fiscal year 2021 -2022 (the "Budget "), which
provides funding for the City's operations throughout the 2021 -2022 fiscal year; and
WHEREAS, part of the annual budget is the operational budget for the City of Schertz
Economic Development Corporation ( "SEDC ") is a non - profit industrial development corporation
duly established under the Development Corporation Act of 1979; and
WHEREAS. On October 17, 2019, the SEDC Board of Directors approved Resolution No.
2019 -19 recommending to City Council approval of up to $4,050,000 for resurfacing of Tri County
Parkway from the FY 2020 -2021 SEDC Budget and on January 7, 2020, City Council approved
Ordinance No. 20 -R -03 approving allocation of funding for the Tri County Parkway project; and,
WHEREAS, total construction budget based on lowest bid and contingency totals
$4,900,00 and require the allocation of an additional $1,240,000.00 bringing the total project cost
including scoping and construction to $5,290,000.00; and,
WHEREAS, On October 28, 2021, the SEDC Board of Directors approved Resolution No.
2021 -10 recommending to City Council approval of up to $5,290,000.00 for resurfacing of Tri
County Parkway; and,
WHEREAS, the SEDC is requesting the City to authorize a budget amendment to allocate
an additional $1,240,000.00 from the SEDC reserve fund to the City of Schertz general fund for
the construction phase of the Tri County Parkway project; and,
WHEREAS, City Staff recommends that the City Council of the City adjust the Budget
and approve the ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1r1:M
Section 1. The City shall amend the FY 2021 -2022 Adopted Budget to allocate an additional
$1,240,000.00 from the SEDC reserve fund to the City of Schertz general fund for the construction
phase of the Tri County Parkway Project.
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 Ordinance for all purposes and are adopted as a part of
the judgment and findings of the City Council.
Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance 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 Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the applicationof
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subjectmatter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Ordinance shall be in force and effect from and after its final passage,
and it is so ordained.
PASSED AND ADOPTED, on first reading this 9 th day of November, 2021.
PASSED AND ADOPTED, on second and final reading this 7th day of December, 2021.
CITY OF SCHERTZ, TEXAS
Ralp Rut,`er�ez, Mayor
ATTE•-53-:
Brenda Dennis, City ecretary
(CITY SEAL)
SEDC RESOLUTION NO. 2021-10
A RESOLUTION BY THE CITY OF SCHERTE ECONOMIC
DEVELOPMENT CORPORATION, TEXAS AUTHORIZING CERTAIN
EXPENDITURES FOR THE TRI COUNTY PARKWAY
INFRASTRUCTURE IMPROVEMENTS; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz Economic Development Corporation ( "SEDC ") is a non-
profit industrial development corporation duly established under 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 "); and
WHEREAS, all of the powers of the corporation are vested in the SEDC Board of Directors
(the "Board ") appointed by the governing hody of the corporation's authorizing unit; and
WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure
improvement projects that are found by the Board to be required or suitable for infrastructure
necessary to promote or develop new or expanded business enterprises; and
WHERAS, Tri County Parkway is a major collector that supports primary job employers
and commercial businesses; and
WHEREAS, Tri County Parkway, Lookout Road between Tri County Parkway and Doerr
Lane, and to the intersection of FM 3009 and Tri County Parkway ( "Tri County Parkway") are in
significant need of repair to ensure future private investment within the City of Schertz; and,
WHEREAS, on October 17, 2019, the SEDC Board of Directors approved Resolution
2019 -19 authorizing $4,050,000 for this project and Schertz City Council subsequently approved
Resolution 20 -R -03 authorizing use of funds; and,
WHEREAS, the City of Schertz began work in 2021 and contracted with Halff to scope
and bid the project and the bids received exceeded the prior allocation of funds from the SEDC;
and,
WHEREAS, the SEDC has re- evaluated the Tri County Parkway infrastructure
improvements and has found that an increase of allocated funds in the amount of ONE MILLION
TWO HUNDRED AND FORTY THOUSAND and NO /100 DOLLARS ($1,240,000) based on
the bids received is necessary, bringing the new proj ect total to FIVE MILLION TWO HUNDRED
AND NINETY THOUSAND and NO /100 DOLLARS ($5,290,000) to pay for the design,
construction, and contingency to complete the project; and
WHEREAS, the funds will be used by the City of Schertz to design and construct the
infrastructure improvements identified on Exhibit A hereto attached; 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 September 26, 2019; and
WHEREAS, Section 501.073 of the Act requires the SEDC's authorizing unit to approve
all programs and expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF SCHERTZ ECONOMIC DEVELOMPENT CORPORATION THAT:
Section 1. Subject to the authorization of the project funds by the City of Schertz City
Council, the Board hereby authorizes up to FIVE MILLION TWO HUNDRED AND NINETY
THOUSAND and NO /100 DOLLARS ($5,290,000) for the Tri County Parkway infrastructure
improvements identified on Exhibit A hereto attached.
Section 2. The Board hereby authorizes the Executive Director to request the City
Council adopt an ordinance amending the SEDC Budget for Fiscal Year 2021 -22 to allocate the
additional funding contemplated herein for the reasons stated in the foregoing recitals.
Section 3. 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 Board.
Section 4. 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 he and remain controlling as to the matters resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section b. 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 Board
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 7. 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 he considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
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PASSED AND ADOPTED, this 28th day of October 2021,
ATTEST +
t,mi"a-
Sammi I or,rill, SEDC Board Secretary
CITY OF SCHERTZ ECONOMIC
DEVELOPMENT- 0 )RPORATION
Paul Nacal uso,, SEDC Board President
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EXHIBIT A
INFRASTRUCTURE IMPROVEMENTS
TRI COUNTY PARKWAY
FROM FM 3009 TO IH-35
TRI COUNTY PKVVY: 4,352 FT = 0.82 -MI
LOOKOUT RD : 652FT=0.12MI
AREA OF DISTURBED $OIL = 9.13 AC
ROADWAY CLASSIFICATION = COW ERCIAL COLLECTOR
DESIGN SPEED:
TRI COUNTY PKWY m 30 MPH
LOOKOUT:l .RD El P
= 35 M- H
-4-
BEGIN PROJECT
-STA 10+61 AR
rk7RI COUNTY PKWY
ND PROJECT
TA 16+73.00
co I
rt LOOKOUT RD
BEGIN PROJECT
10+21.0
ORID
UT
35-
END PROJECT
STA 54+13.67
TRI COUNTY PKWY
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