24-R-85 Economic Development Agreement Las PalapasRESOLUTION NO.24-R-85
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN EXPENDITURE AS REFLECTED IN AN
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN
THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION AND LAS PALAPAS SCHERTZ 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");
WHEREAS, all of the powers of the corporation are vested in the SEDC Board of
Directors (the "Board") appointed by the governing body of the corporation's authorizing unit;
and
WHEREAS, the Act authorizes a development corporation to fund certain projects as
defined by the Act and request development corporations enter into incentive 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 authorizes expenditures for certain infrastructure
improvement projects that are found by the Board of Directors to be required suitable for
infrastructure necessary to promote of develop new or expanded business enterprises; and
WHEREAS, Company desires to develop a 5,900 square foot restaurant located in Schertz,
Texas 78154, on the property more particularly described as 16842 IH 35 North; and
WHEREAS, Company desires to construct and extend water infrastructure approximately,
712 feet, and additional public infrastructure to include sewer, drainage as well as associated
roadway connection and driveway approach upgrades in Schertz, Texas; and
WHEREAS, The SEDC held a public hearing at its July 25, 2024 meeting and the Board
approved SEDC Resolution 2024-9 authorizing an Economic Development Incentive Agreement
between the City of Schertz Economic Development Corporation and Las Palapas Schertz; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City of Schertz City Council hereby authorizes the expenditure reflected in the
Economic Development Incentive Agreement attached hereto as ATTACHMENT A.
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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 Board.
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 board 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 day of , 2024.
ATTES
Shei a Edmonds n, City Secretary
CITY OF SC ERTZ
Rah u ierr , Mayor
IN