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Ordinance 2005-56 ORDINANCE NO. 2005.56 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $24,276.50 FOR THE PURPOSE OF REIMBURSING ESTATES AT CREEKSIDE PHASE III DEVELOPMENT, INC. FOR THE DEVELOPMENT OF A PARK IN CREEKSIDE ESTATES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005- 41 for the purpose of reimbursing Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates; and WHEREAS, by passing Resolution #2005-12(R) on February 8, 2005, the City Council entered into a reimbursement agreement with Estates at Creekside Phase III Development, Inc. for the reimbursement of development of a park in Creekside Estates in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the reimbursement of Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FindinQs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budqet). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: Ordinance #2005- ORDINANCE AMENDING 2005-2006 BUDGET (Estates at Creekside Phase III Development, Inc. Reimbursement) Page 1 That up to Twenty Four Thousand Two Hundred Seventy Six and 50/100 ($24,276.50) from the Park Acquisition and Improvement Fund balance be allocated to the Land Betterments line item of the West Zone portion of the Park Acquisition and Improvement Fund, and these funds may be expended over the next fiscal year for the purpose of reimbursing Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates. SECTION 3: Savinqs/ Repealinq Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of October, 2005. ATTEST TO: - - ' -:. '} :: ~ j ~';. ~f/I ~..'1-,<," _ :: "', '1r ..."~",~~,, '-.) .,..... //, rj'1: TC'f.-'i>-- ,,-" < "'1/ 'I L ,~ \\\' 1I!I"ltj\\~'\ Date(s) of publication ,2005 in The Wylie News. Ordinance #2005- ORDINANCE AMENDING 2005-2006 BUDGET (Estates at Creekside Phase III Development, Inc. Reimbursement) Page 2