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256<br />

RESOLUTION NO. 2007 -R52<br />

RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW<br />

BRAUNFELS, TEXAS AUTHORIZING AN INTERLOCAL<br />

COOPERATIVE AGREEMENT BETWEEN THE NEW BRAUNFELS<br />

INDUSTRIAL DEVELOPMENT CORPORATION AND THE CITY OF<br />

NEW BRAUNFELS, TEXAS; AND OTHER MATTERS IN CONNECTION<br />

THEREWITH<br />

WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>New</strong> <strong>Braunfels</strong>, Texas (the <strong>City</strong>) is authorized pursuant to<br />

the provisions <strong>of</strong> Section 48, as amended, Texas Revised Civil Sta~utes Annotated<br />

Article 5190.6 (the Act) to create a nonpr<strong>of</strong>it industrial development corporation (the<br />

Corporation);<br />

WHEREAS, the <strong>City</strong> Council (the Council) <strong>of</strong> the <strong>City</strong> on August 14, 2000<br />

authorized the calling <strong>of</strong> an election authorizing the levy <strong>of</strong> three-eights (3/8) <strong>of</strong> one<br />

percent (1%) additional sales and use tax (the Sales Tax) within the <strong>City</strong> in accordance<br />

with the provisions Qf the Act;<br />

WHEREAS, the majority <strong>of</strong> the citizens <strong>of</strong> the <strong>City</strong> approved the levy <strong>of</strong> the Sales<br />

Tax at an election held on November 7, 2000;<br />

WHEREAS, the Council pursuant to an ordinance adopted on November 13,<br />

2000 authorized the levy <strong>of</strong> the Sales Tax;<br />

WHEREAS, Section 2(11) <strong>of</strong> the Act defines "project" to include expenditures<br />

found by the Board <strong>of</strong> Directors <strong>of</strong> the Corporation to be required or suitable for<br />

infrastructure necessary to promote or develop new or expanded business enterprises<br />

limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage<br />

and related improvements, and telecommunications and Internet improvements; and<br />

WHEREAS, the Council published notice <strong>of</strong> the specific project or type <strong>of</strong> general<br />

project that the Corporation intends to undertake concerning the allocation <strong>of</strong> Sales<br />

Taxes <strong>of</strong> the Corporation for certain projects consisting <strong>of</strong> the development <strong>of</strong> regional<br />

drainage improvements and the construction <strong>of</strong> Fann to Market Road (FM) 306 on the<br />

east side <strong>of</strong> Interstate Highway (/H) 35 to FM 1101, the extension <strong>of</strong> water mains down<br />

FM 306 and FM 1101 to connect with the existing water service at FM 11 01 and<br />

Collenberg Road, and various road and utilities infrastructure in that area which will<br />

support the Creekside Project, a proposed one million square foot retail facility to be<br />

constructed at IH 35 and FM 306 (the Project) ; and<br />

WHEREAS, the <strong>City</strong> created Reinvestment Zone Number One, <strong>City</strong> <strong>of</strong> <strong>New</strong><br />

<strong>Braunfels</strong>, Texas (the Zone); and<br />

WHEREAS, the Corporation has agreed to contribute its Sales Tax collected in<br />

the Zone to the <strong>City</strong> for deposit in the tax increment fund for the Zone; and<br />

65045862.2

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