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Ordinance 13-T-33 - Parkland Refund of FeesORDINANCE NO. 13-T-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO REFUND PARKLAND DEDICATION FEES AND PARKLAND DEVELOPMENT FEES TO THREE DEVELOPERS THAT OVERPAID PARKLAND DEDICATION AND DEVELOPMENT FEES SPECIFIED BY RESOLUTION 08-R-09; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 08-R-09, the City overcharged Parkland Dedication and Parkland Development fees to three developers at the time of preliminary subdivision plat submittal of Kramer Farms Unit 3A and Unit 3B; The Links at Scenic Hills Unit 3; and Laura Heights Unit 3 and Unit 4; and WHEREAS, the City Council has authorized the return of Parkland Dedication and Parkland Development fees assessed from the Parkland Dedication Fund 317 in the total amount of $189,650.00 as shown in Exhibit A, attached hereto; and WHEREAS, City staff recommends that the City Council authorize remittance of the fees overcharged for Parkland Dedication and Parkland Development in the specific amount of $80,375.00 to Pulte Homes; $71,300.00 to KB Homes; and , $37,975.00 to HLH Development from the Parkland Dedication Fund 317; and WHEREAS, the City Council has detei7nined that it is in the best interest of the City to adjust the Budget and approve a refund for overpayment of Parkland Dedication and Parkland Development fees from the Parkland Dedication Fund to Pulte Homes, KB Homes and HLH Development as 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 $189,650.00 from the Parkland Dedication Fund 317 reserves for payment of a refund to Pulte Homes in the amount of 80,375.00; to KB Homes in the amount of $71,300.00 and to HLH Development in the amount of $37,975.00. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a pa1•t 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 en#'orced 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 offcially 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 Govei7unent Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by Iaw. PASSED ON FIRST READING, the 27th day of August, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 3`d day of September, 2013. CITY OF SCHERTZ TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 56558D21.1 - 2 - ~ ~ ~ C "~ fND o cz o ro N N ~ ~. O ~ 00 . ~ ~ N O ~ ~ N ~ ~a m a m ~ a ; o N j m O ~p . ~ m m N a O (D a m m 0 .+ O~ 0 00 a m 0 N co ~ N ~ O ~ ao a a m CC~~3 =~~tnmm nr mm~~~a N ~~mD~ m ~ cncnt~c~ O ~ C C = Z ~ ~ Z Z r ~ O ~-1~jw ~- ~ w C D n w ~ v ~~~~ ~ ~wNNL'm CO ~ OD O (~ -----n N N N N N 0 0 0 0 0 0 -~oooo D m 00 0o oa o a ~ C ~~~~~~ N N N N -1 N m ~1 N ~3 W ~ ~ N N NNNN N ~ 0 0 0 0 0 0 c°n c°s, c°s+ a°i rn ~ O r N N N (~ (Q ~ ~ N CJti ~ N ~ --- a ~ NNC~co1 O ~ c7~ ~ N ;P. o ~.ooooo C ~~ooooo Z ~ 00000 -~ 0 0 0 0 0 ~ooooay 3 n(~C)C)C~- ~~~~~~° n O iI1 m m v n 0 c z m C Z ~ ~ ~ ~ ~ O -~ ~. ~ N ~. w. ~ W OR <fl ~I o' O U1 N 0 U~ a o Ci cn C ~ o:~ o O Z oooc~oo -I f~D N i rn K s a n n w N O ~D O 2 N O co a O N 0 fV 0 0 00 O cQ V N N m C N rn v w N y N O i W