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257<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 />

WHEREAS, the agreement attached hereto as Exhibit A is approved by the<br />

Council to provide for the transfer <strong>of</strong> funds, being a portion <strong>of</strong> the Sales Tax collected in<br />

the Zone, by the Corporation to the <strong>City</strong> to construct the Project, and to pay certain<br />

other costs <strong>of</strong> the Project; and<br />

WHEREAS, the Board hereby finds and determines the adoption <strong>of</strong> this<br />

Resolution and the execution <strong>of</strong> the agreement are in the best interests <strong>of</strong> the citizens <strong>of</strong><br />

the <strong>City</strong>; NOW, THEREFORE,<br />

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW<br />

BRAUNFELS, TEXAS THAT:<br />

SECTION 1: The agreement attached hereto as Exhibit A is incorporated by<br />

reference to this Resolution for all purposes.<br />

SECTION 2: The Mayor and the <strong>City</strong> Secretary <strong>of</strong> the <strong>City</strong> are hereby authorized<br />

to execute and seal the agreement.<br />

SECTION 3: The recitals contained in the preamble here<strong>of</strong> are hereby found to<br />

be true, and such recitals are hereby made a part <strong>of</strong> this Resolution for all purposes and<br />

are adopted as a part <strong>of</strong> the judgment and findings <strong>of</strong> the Council.<br />

SECTION 4: All ordinances and resolutions, or parts there<strong>of</strong>, which are in conflict<br />

or inconsistent with any provision <strong>of</strong> this Resolution are hereby repealed to the extent <strong>of</strong><br />

such conflict, and the provisions <strong>of</strong> this Resolution shall be and remain controlling as to<br />

the matters resolved herein.<br />

SECTION 5: This Resolution shall be construed and enforced in accordance with<br />

the laws <strong>of</strong> the State <strong>of</strong> Texas and the United States <strong>of</strong> America.<br />

SECTION 6: If any provision <strong>of</strong> this Resolution or the application there<strong>of</strong> to any<br />

person or circumstance shall be held to be invalid, the remainder <strong>of</strong> this Resolution and<br />

the application <strong>of</strong> such provision to other persons and circumstances shall nevertheless .<br />

be valid, and the Council hereby declares that this Resolution would have been enacted<br />

without such invalid provision.<br />

SECTION 7: It is <strong>of</strong>ficially found, determined, and declared that the meeting at<br />

which this Resolution is adopted was open to the public and public notice <strong>of</strong> the time,<br />

place, and subject matter <strong>of</strong> the public business to be considered at such meeting,<br />

including this Resolution, was given, all as required by Chapter 551 , as amended,<br />

Texas Government Code.<br />

SECTION 8: This Resolution shall be in force and effect from and after the date<br />

<strong>of</strong> its adoption, and it is so resolved.<br />

65045862.2 -2-

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