17-R-87 - Development agreement Evelyn E. Kruegar Living TrustRESOLUTION NO. 17 -R -87
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A DEVELOPMENT AGREEMENT WITH OWNERS OF PROPERTY
UNDER AN EXISTING DEVELOPMENT AGREEMENT WHERE THE PROPERTY IS
VALUED FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, a Development Agreement between the City of Schertz (the "City ") and Evelyn E.
Krueger Living Trust as entered and effective on August 9, 2011 regarding the real property
located in Bexar County, Texas; and
WHEREAS, ownership and title to a portion of the Land was conveyed to Paul D. Rundus and
Mary Gayle Rundus (Landowner) by Deed recorded in Book 18418, Page 1001, Document
#20170054452 of the Official Public Records of Bexar County, Texas; and
WHEREAS, the Landowner desires to have the Land remain in the City's extraterritorial
jurisdiction for the duration of the period provided in the Development Agreement between the
City and Evelyn E. Krueger Living Trust; and
WHEREAS, the Land is eligible to be the subject of a development agreement under Subchapter
G, Chapter 212, of the Texas Local Government Code, as amended (the "Local Government
Code ");
WHEREAS, all or a portion of the Land is currently appraised for ad valorem tax purposes as
land for agricultural or wildlife management use or as timber land under Subchapter C, D, or E,
Chapter 23, of the Texas Tax Code, as amended;
WHEREAS, the City staff of the City of Schertz has recommended that the City enter into a new
development agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to approve
the Amendment to the Development Agreement attached hereto as Exhibit A;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the
Amendment to the Development Agreement in substantially the form set forth on Exhibit A
attached hereto.
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 fmdings of the 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions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. 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 5. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
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 10a` day of October, 2017.
Michael R. Carpenter, Mayor
ATTEST:
9
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a ennis, City Secretary
(SEAL OF THE CITY)