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2009R28-Library Expenitures by EDC RESOLUTION NO. 09-R-28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A PROJECT AND EXPENDITURES BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Board of Directors of the City of Schertz Economic Development Corporation (the "SEDC") has found that funding aone-time $150,000 transfer (in three installments of $50,000) to the City of Schertz to fund costs of construction of and improvements to (the "Project") the new City of Schertz Library will promote new and expanded business development in the City of Schertz; WHEREAS, pursuant to Section 505.158 of Title 12, Subtitle Cl, Local Government Code, as amended (the "Act"), the SEDC cannot make such a transfer until the City Council adopts this Resolution authorizing the Project; WHEREAS, Section 505.158(b) of the Act requires that this Resolution be considered by the City Council on at least two readings; and WHEREAS, City staff recommends that the City Council adopt this Resolution. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the SEDC to fund the Project as described herein. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 meetings at which this Resolution is adopted were open to the public and public notice of the time, place, and 50218307.1 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 following second reading, and it is so resolved. PASSED ON FIRST READING, the 19th day of May, 2009. PASSED AND ADOPTED ON SECOND READING, the 26th day of May, 2009. CITY OF SCH TZ, TE S Mayor ATTEST: r mil, Ci y Secretary (CITY SEAL) 50218307.1