15-R-107 - Agreement with Developer for construction of public improvement for Wynter HillRESOLUTION NO. 15 -R -107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH
DEVELOPER FOR CONSTRUCTION OF PUBLIC IMPROVEMENT
ASSOCIATED WITH THE WYNTER HILL SUBDIVISION PROJECT
WHEREAS, when The Reserve at Mesa Oaks and the Mesa Oaks Subdivisions were
constructed, portions of the public infrastructure that were within the boundaries of those plats
were left uncompleted.
WHEREAS, the public infrastructure (streets and sidewalks) of the proposed Wynter Hill
Subdivision needs to tie in to those missing improvements.
WHEREAS, the Developer of the Wynter Hill Subdivision agrees to construct those
portions of infrastructure outside the Wynter Hill Subdivision and be reimbursed by the City for
the cost of such improvements.
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for Construction of Public Improvement in order to provide the
infrastructure outside the boundary of the proposed Wynter Hill Subdivision plat.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
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Section 1. The City Council hereby authorizes the City Manager to execute the
Agreement with Developer for Construction of Public Improvement with Harkleroad Gray
Development Services, LLC, for infrastructure connecting the Wynter Hill Subdivision to The
Reserve at Mesa Oaks and with Mesa Oaks Subdivisions.
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 Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution 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 Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 1St day of December 2015.
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF S Z, TEXAS
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ayor, Michael R. Carpenter
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