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22-R-95 -Advance Funding Texas Dept. of Transportation FM 1518 ExpansionRESOLUTION NO. 22 -R -95 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 ON SYSTEM FOR FM 1518 EXPANSION WHEREAS, the Texas Department of Transportation (TxDOT) has been authorized to undertake and complete an improvement project generally described as an expansion of FM 1518 between 11110 and FM 78; and WHEREAS, the voters of the City of Schertz (City) passed a bond measure on November 3, 2015, authorizing the City Council to issue bonds in the amount of $5 million for the purpose of making public improvements to FM 1518; and WHEREAS, The City Council resolved through 17 -R -108 to further support TxDOT's efforts to make improvements to FM 1518 by committing an additional $5 million; and 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 1518 improvement project (Exhibit A). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS oil mot" 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 $10,000,000 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resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 13`x' day of September, 2022. ATTEST r City ecretary, Brenda Dennis (CITY SEAL) CITY OF SCHERT4, TEXAS Ralp utierrez, Mayor -2- 22 -R -95 Exhibit A CSJ # 0465- 02-027 District # SA -15 AFA ID Z00002967 Code Chart 64 # 38440 Project Name FM 1518 Expansion, Bike Lanes and Sidewalks STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Schertz, acting by and through its duly authorized officials, called the "Local Government ". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 and 115814 authorizing the State to undertake and complete a highway improvement generally described as expanding FM 1518 from 2 lanes to four lanes with raised median or center turn lanes, bike lanes and sidewalks from FM 78 to 1 10 East; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as by contributing a fixed amount of funds towards the project; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 1 of 6 AFA VoITIP Revised 04/22/2021 CSJ # 0465 -02 -027 District # SA -15 AFA ID Z00002967 Code Chart 64 # 1 38440 Project Name FM 1518 Expansion, Bike Lanes and Sidewalks AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 2 of 6 AFA VoITIP Revised 04/22/2021 CSC # District # I SA -15 Code Chart 64 # Project Name 0465- 02-027 AFA ID Z00002967 38440 FM 1518 Expansion, Bike Lanes and Sidewalks 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not Page 3 of 6 AFA VoITIP Revised 04/22/2021 CSJ # 0465 -02-027 District # I SA -15 AFA ID Z00002967 o Code Chart 64 # 38440 Project Name FM 1518 Expansion, Bike Lanes and Sidewalks maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Schertz ATTN: City Manager 1400 Schertz Parkway Schertz, TX 78154 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party- Page 4 of 6 AFA VoITIP Revised 04/22/2021 CSJ # 0465- 02-027 District # SA -15 AFA ID I Z00002967 Code Chart 64 # 38440 Project Name FM 1518 Expansion, Bike Lanes and Sidewalks 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 5 of 6 AFA VoITIP Revised 04/22/2021 CSJ # 0465- 02-027 District # I SA -15 AFA ID I Z00002967 Code Chart 64 # 38440 Project Name FM 1518 Expansion, Bike Lanes and Sidewalks THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS Signature Gina Gallegos, P.E. Typed or Printed Name San Antonio District Engineer Typed or Printed Title Date THE LOCAL GOVERNMENT Signature Mark Browne Typed or Printed Name City Manager _ Typed or Printed Title Date Page 6 of 6 AFA VoITIP Revised 04/22/2021 CSJ # 0465 -02 -027 District # SA 15 AFA ID I Z00002967 Code Chart 64 # 38440 Project Name FM 1518 Expansion, Bikes Lanes and Sidewalks ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES For the Local Government's participation on the Project, the Local Government shall contribute a fixed amount of $10,000,000.00 to the State as required in Article 2.8_ The State is responsible for the following: 1. Construction 2. Acquisition of right of way and rea4 property 3. Adjustment, removal, or relocation of utility facilities 4. Performance of architectural and engineering services 5. Environmental assessment and mitigation The State will perform the work for the Project. Any changes, additions, or deletions to the Project will be at the State's sole discretion. The Project may include any combination of Federal and State funds in addition to Local Government funds. After the Local Government funds are expended, Federal and State funds will be used to complete the Project. The total amount of Local Government participation shall not exceed the fixed amount stated above. Page 1 of 1 AFA VoITIP Attachment A RESOLUTION NO. 15-R-104 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on August 4, 2015, the City Council (the Council) of the City of Schertz, Texas (the City) ordered an election to be held on November 3, 2015 for the purpose of determining whether the resident, qualified voters of the City would authorize the issuance of general obligation bonds by the City; and WHEREAS, the Council has reviewed and investigated all matters pertaining to this election, including the resolving, notices, election officers, holding, and returns thereof, and WHEREAS, the Council hereby canvasses the returns of this election, at which there were submitted to all resident, qualified voters of the City for their action thereupon, the following propositions: and PROPOSITION NO. 1 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $7,000,000 for the purpose of making permanent public improvements or other public purposes, to wit: designing, acquiring, constructing, renovating, improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk, and gutter improvements, demolition, repair, and rebuilding of new and existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the purchase of land, easements, rights -of -way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise (not more than forty (40) years from their date) in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of inter st shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ? "; PROPOSITION NO.2 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $8,000,000 for the purpose of making permanent public improvements 35663164.1 or other public purposes, to wit: acquiring, constructing, improving, renovating, and equipping public safety facilities (to include a new fire station), acquiring lands and rights -of -way necessary thereto, and completing related landscaping, such bonds to mature serially or otherwise (not more than forty (40) years from their date) in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ? "; and WHEREAS, the Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the Council by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and WHEREAS, from these returns, this Council hereby finds that the following votes were cast in the election by voters who were resident, qualified voters of the City: PROPOSITION NO. 1 "THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR STREETS (PRIMARILY FM 1103 AND FM 1518), BRIDGES, AND SIDEWALK IMPROVEMENTS, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" Early Votes* ' Election Day Votes ** TOTAL *Includes 4 provisional ballots ** Includes 2 provisional ballots For Against 1141 434 914 326 2055 760 PROPOSITION NO.2 "THE ISSUANCE OF NOT TO EXCEED $5,000,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES, INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" -2- 35663164.1 Early Votes* Election Day Votes ** TOTAL *Includes 4 provisional ballots ** Includes 2 provisional ballots NOW, THEREFORE, For Asst 1135 434 907 331 2042 765 IT IS ACCORDINGLY FOUND, DECLARED, AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: The Council officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the order calling the election. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas voting in such election, having voted FOR the authorization and issuance of $7,000,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 1, the Council hereby finds and determines that Proposition No. 1 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in the Proposition and with law. SECTION 3: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas voting in such election, having voted FOR the authorization and issuance of $8,000,000 of bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 2, the Council hereby finds and determines that Proposition No. 2 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in the Proposition and with law. SECTION 4: 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 Council. SECTION 5: All ordinances and 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 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. -3- 35663164.1 SECTION 7: 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 Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: 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, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after its final passage and it is so resolved. PASSED, ADOPTED AND APPROVED this, the �`' "� day of November, 2015. CITY OF SCHERTZ, TEXAS L Michael r Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL) -4- 35663164.1 RESOLUTION NO. 17 -R -108 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SUPPORTING THE FILING BY THE TEXAS DEPARTMENT OF TRANSPORTAION OF AN APPLICATION WITH THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION IMPROVEMENT PROGRAM FUNDED THROUGH THE SURFACE TRANSPORTATION PROGRAM — METRO MOBILITY; PLEDGING THAT IF AN AWARD IS RECEIVED THE CITY OF SCHERTZ IS COMMITTED TO PROVIDING FUNDING; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF SCHERTZ IN ALL MATTERS RELATED TO THE APPLICATION; AND OTHER MATTERS IN CONNECTION THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: WHEREAS, the AAMPO TIP Project - FM 1518 from IH 10 to FM 78 is being submitted by TXDOT for advanced funding of Phase 2; and WHEREAS, the City of Schertz understands the importance of building community partnerships and working with all interested public and private organizations and citizens in developing successful local and regional plans, priorities and funding strategies; and WHEREAS, the 2040 Metropolitan Transportation Plan Vision includes enhancing the safety of the traveling public, advancing alternative modes of transportation, ensuring environmental quality, and increasing accessibility for all users; and WHEREAS, the 2040 Metropolitan Transportation Plan Goals include identify opportunities to improve and enhance the regional transportation system, increasing the efficiency of the transportation system and decrease traffic congestion, supporting economic activity, employment growth and encouraging innovative partnerships, ensuring that transportation planning efforts are coordinated with local land use plans to support future growth and development patterns, and maintaining a focus on safety; and WHEREAS, the Alamo Area Council of Governments (AACOG) is pursuing a Joint Base San Antonio Regional Joint Land Use Study Implementation Strategy that seeks to integrate the JBSA- Randolph Joint Land Use Study from July 2015 into a combined JLUS for all of JBSA; and WHEREAS, the Regional JLUS Implementation Strategy (RJIS) #2 is to utilize capital improvement and infrastructure systems planning for stronger interagency communication/coordination on regional growth and management; and WHEREAS, the movement of people and freight are critical to the metropolitan area's economic vitality and quality of life, as well as to the on- going mission at Joint Base San Antonio- Randolph, and the military community in the AACOG region; and WHEREAS, FM 1518 currently has significant congestion and the land uses will continue to develop along the FM 1518 corridor between FM 78 and I -10; and WHEREAS, FM 1518 is an access corridor for JB SA- Randolph; and WHEREAS, Alamo Area Metropolitan Planning Organization, TXDOT, and the City of Schertz have partnered to address the transportation needs of the traveling public and the military along the FM 1518 corridor; and WHEREAS, FM 1518 is currently under design and has funding for right of way acquisition and limited operational improvements but would require a future phase 2 to be completed; and WHEREAS, the costs increases associated with delaying FM 1518 construction are significant due to inflation and increased congestion impacting the roadway during construction; and WHEREAS, the voters of the City of Schertz passed a bond measure on November 3, 2015, authorizing the City Council to issue bonds for the purpose of making Phase 1 public improvements to FM 1518 in the amount of $5 million; and WHEREAS, the City of Schertz has allocated sufficient bond capacity within the City's Bond Capacity Model for Phase 2 over match funding; and WHEREAS, the City of Schertz is determined to support the FM 1518 improvements project being submitted by TXDOT and to provide an additional over match in the amount of $5 million, bringing the total over match amount to $10 million from the City of Schertz, in order to advance the Phase 2 project into a single phased construction project in order to lower overall cost and more quickly address traffic congestion; NOW THEREFORE BE IT RESOLVED BY THE CITY OF SCHERTZ CITY COUNCIL, that: The voters of the City of Schertz passed a bond measure on November 3, 2015, authorizing the City Council to issue bonds for the purpose of making Phase 1 public improvements to FM 1518 in the amount of $5 million; and The City of Schertz has allocated sufficient bond capacity within the City's Bond Capacity Model for Phase 2 over match funding; and The City of Schertz is determined to support the FM 1518 improvements project being submitted by TXDOT and to provide an additional over match in the amount of $5 million, bringing the total over match amount to $10 million from the City of Schertz, in order to advance the Phase 2 -2- project into a single phased construction project in order to lower overall cost and more quickly address traffic congestion; and Authorizing the City Manager to act on behalf of the City of Schertz in all matters related to the application. PASSED AND APPROVED, this 2861 day of November, 2017. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHJ,-RTZ, TEXAS Michael R. Carpenter, Mayor -3-