16-R-96 - Agreement with Developer of the Homestead SubdivisionA RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
DEVELOPER OF THE HOMESTEAD SUBDIVISION
CONSTRUCTION O PUBLIC •V AND PARKLAND
IMPROVEMENTS.
WHEREAS, there is a lack of sewer service to serve an area of northern Schertz near the
intersection of IH -35 and Schwab road.
WHEREAS, the sewer improvements and force main are needed to provide sewer service
to these areas and there is limited space to provide this public infrastructure.
WHEREAS, the Developer of the Homestead Subdivision agrees to construct sewer
infrastructure of which the capacity is more than is required by the Homestead property,
WHEREAS, there is a benefit to oversizing sewer infrastructure to serve other properties,
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 to serve other properties outside the boundary of the proposed Homestead
Subdivision plat.
WHEREAS the Unified Development Code of the City of Schertz provides for
developers to enter into agreements to defer the construction of required improvements until
after the plat is filed.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
iM
Section 1. The City Council hereby authorizes the City Manager to execute the
agreement with Developer for Construction of Public Improvement with ILF N -T Owner, LP for
infrastructure that will serve properties outside of the Homestead Subdivision and to defer
construction of public improvements as well as the parkland improvement agreement, generally
in the form attached, subject to changes approved by the City Manager and City Attorney.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 20th day of December 2016.
ATTEST:
J
rty Secretary, Brenda Dennis
(CITY SEAL)
CITY OFaSfgHERTZ, TEXAS
-2-
, Michael R. Carpenter