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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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)
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