2011-R-53 - Capital Imporvements Advisory CommitteeRESOLUTION NO. ll-R-53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS SETTING A PUBLIC HEARING REGARDING
AMENDMENT OF LAND USE ASSUMPTIONS, CAPITAL
IMPROVEMENTS PLAN, AND IMPACT FEES AND APPOINTING AN
ADVISORY COMMITTEE
WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas {the
"City") has established a capital recovery impact fee program in accordance with Chapter 395,
Texas Local Government Code, as amended ("Chapter 395");
WHEREAS, pursuant to Section 395.052 of Chapter 395, the City is required to
periodically update the land use assumptions and capital improvements plan that foi7n the basis
for its impact fees;
WHEREAS, Section 395.055 of Chapter 395 requires that a hearing be held in
connection with the amendment of land use assumptions, the capital improvements plan, or an
impact fee, and that notice of such hearing be given in accordance with the requirements of
Chapter 395; and
WHEREAS, the City Cauncil is to appoint a capital improvements advisory committee
pursuant to Section 395.058(b) of Chapter 395 to file written comments on the proposed
amendments to the land use assumptions, capital improvements plan, and impact fees before the
ffth business day before the date of the public hearing on the amendments; now, therefore,
THAT:
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes a hearing to be held on December 13,
2011 at 6:00 p.m. in the City Council Chambers to consider the amendment of land use
assumptions, the capital improvements plan, and irnpasition of impact fees. The City Council
hereby ratifies the publication of notice of such hearing in the foi7n attached hereto as Exhibit A
in one or more newspapers of general circulation in each of Guadalupe, Bexar, and Comal
Counties as required by Sections 395.055 and 395.044(b) of Chapter 395 and the mailing of
such notice pursuant to Section 395.044(a) to any person, if any, who has requested such notice
in the manner required by such Section.
Section 2. In accordance with the requirements of Section 395.058(b) of Chapter
395, the City Council hereby appoints the members of the City's Planning and Zoning
Commission (David Richmond, Ernest Evans, Jr., Cluistian Glombik, Ken Greenwald, Justin
Murray, Timothy Jacobs, and Bert Crawford) and the fallowing two additional persons as
members of a capital improvements advisory committee:
Tim Brown {representing the real estate, development, or building
industry and not an employee or official of any political
subdivision or government entity)
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Mike DeLeon (representing the City's extraterritorial jurisdiction in
which the City's impact fees are, and are to be, applied)
Section 3. 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 Council.
Section 4. 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 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 b. 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 Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is sa resolved.
PASSED AND ADOPTED, this 8r~' day of November, 2Ql 1.
CITY OF SCHERTZ, TEXAS
~ ~
Mayor
ATTEST:
rty Secretary
{CITY SEAL)
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EXHIBIT A
CITY OF SCHERTZ, TEXAS
NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES
A public hearing of the City of Schertz, Texas will 6e held on December 13, 2011 at
6:00 p.m. in the City Council Chambers at City Hall, 1400 Schertz Parkway in Schertz, Texas, to
consider the amendment of land use assumptions, the capital improvements plan, and 'the
imposition of an impact fee.
Copies of the land use assumptions, the time period of the projections, and a description
of the general nature of the capital improvements which may be proposed can be obtained at the
offices of the City Secretary, 1400 Schertz Parkway, Building #2, Schertz, Texas. Any member
of the public has the right to appear at the hearing and to present evidence for or against the
update.
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