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12-T-30 Budget Adjustment Owners RepORDINANCE NO. 12 -T -30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND PROFESSIONAL SERVICES FOR AN OWNER'S REPRESENTATIVE FOR THE CONSTRUCTION OF THE SKATEBOARD PARK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 12 -T -25, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2012 -2013 (the "Budget , which provides funding for the City's operations throughout the 2012 -2013 fiscal year; and WHEREAS, pursuant to Resolution 12 -R -105, the City has authorized construction of a skateboard park using City funds from the Capital Project Fund 404 to finance the construction of the skateboard park; and WHEREAS, the City has by Resolution 12 -R -106, contracted with an "Owner's Representative" for $12,000.00 (the "Owner's Representative Contract ") in connection with the construction of the skateboard park to be paid from the Capital Project Fund 404; and WHEREAS, the City needs to adjust the Budget to transfer $12,000.00 for the Owner's Representative Contract to the Capital Project Fund 404 from the Parkland Dedication Fund 317 reserves; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the transfer of funds from the Parkland Dedication Fund 317 to the Capital Project Fund 404 for the Owner's Representative Contract; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the transfer of funds from the Parkland Dedication Fund 317 to the Capital Project Fund 404 for the Owner's Representative Contract, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall transfer $12,000.00 from the Parkland Dedication Fund 317 reserves to the Capital Project Fund 404 to fund an Owner's Representative Contract in connection with the construction of a skateboard park. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the. application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50558021.1 - 2 - PASSED ON FIRST READING, the 27th day of November, 2012. PASSED, APPROVED and ADOPTED ON SECOND READING, the 4th day of December, 2012. ATTEST: City Secretary (CITY SEAL) 50558021.1 - 3 -