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Ordinance 14-T-13 - GE Oil & Gas Inc Agreement Budget AdjustmentORDINANCE NO. 14 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DEVELOPMENT INCENTIVE FUND FOR THE DEVELOPMENT AGREEMENT, GE OIL & GAS INC. INCENTIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2013 -2014 (the "Budge , which provides funding for the City's operations throughout the 2013 -2014 fiscal year; and WHEREAS, Resolution 14 -R -14 approved a Development Agreement with GE Oil & Gas Inc. (the "Development Agreement ") and authorized the infrastructure incentive to construct, or cause to be constructed, an extension of David Lack Drive as defined in the Development Agreement; and WHEREAS, the City needs to adjust the Budget to use up to $200,000 for the Development Agreement by transferring $200,000 from the Development Incentives Fund to a new fund designated for the Development Agreement; and WHEREAS, the Schertz Economic Development Corporation Board of Directors met on February 27, 2014 to recommend the transfer of funds for the Development Agreement; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve transfer of funds for the Development Agreement; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Development Incentive Fund to a new fund designated for the Development Agreement, 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 use $200,000.00 from the Development Incentive Fund to a new fund designated for the Development Agreement. 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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. PASSED ON FIRST READING, the 11 th day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 18th day of March, 2014. ATTEST: \ en a Dennis, City Secretary (CITY SEAL) eMaO' C S penter, Mayor -2-