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12-R-102 Capital Improvements Advisory CommitteeRESOLUTION NO. 12-R-102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ; APPOINTING MEMBERS TO THE CAPITAL IMPROVEMENTS 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, the City Council is to appoint a capital improvements advisory committee pursuant to Section 395.058(b) of Chapter 395; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. 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 and the following two additional persons as members of a capital improvements advisory committee: Tim Brown (representing the real estate, development, or building indushy and not an employee or official of any-political subdivision or government entity) Mark Penshorn (representing the City's extraterritorial jurisdiction in which the City's impact fees are, and are to be, applied) 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 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 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 50453834.2 A-1 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 30`h day of October, 2012. CITY OF SCHERTZ, TEXAS ~ r Mayor Pro Tem ATTEST: ~sr3 City Secretary (CITY SEAL] 50453834.2 A-2