2008R50-Reinvestment Zone II Interlocal/Development Agreement
RESOLUTION NO. 08-R-SO
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT AND A
DEVELOPMENT AGREEMENT WITH REINVESTMENT ZONE NUMBER
TWO, CITY OF SCHERTZ, TEXAS AND CERTAIN OTHER PARTIES, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") has
determined that it is in the best interest of the City to enter into an Interlocal Agreement (the "Interlocal
Agreement") with Reinvestment Zone Number Two, City of Schertz, Texas (the "Zone"), Bexar County,
Texas (the "County"), and San Antonio River Authority to establish the terms under which the three
taxing entities participating in the Zone make their respective contributions of ad valorem tax collections
to reimburse Schertz 1518, Ltd. (the "Developer") for advancing the costs of constructing and installing
the Zone infrastructure; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the City
to enter into a Development Agreement (the "Development Agreement") with the Zone, the County, and
the Developer regarding the Developer's obligations with respect to the construction of the Zone
infrastructure and the process for reimbursing the Developer for advancing the costs of constructing and
installing that infrastructure; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section I. The City Council hereby authorizes the City Manager to execute and deliver the
Interlocal Agreement and the Development Agreement with the parties described therein in substantially
the forms attached hereto as Exhibit A and Exhibit B, respectively.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this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.
is so resolved.
This Resolution shall be in force and effect from and after its final passage, and it
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PASSED AND ADOPTED, this 4th day of November, 2008.
~ST
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City Secretary
(CITY SEAL)
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