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2006R11-Impact Fees RESOLUTION NO. 06-R-ll 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 form 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 Council 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 fifth business day before the date of the public hearing on the amendments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section L The City Council hereby authorizes a hearing to be held on July II, 2006 at 7:00 p.m. in the City Council Chambers to consider the amendment ofland use assumptions, the capital improvements plan, and imposition of impact fees. The City Council hereby ratifies the publication of notice of such hearing in the form attached hereto as Exhibit A in one or more newspapers of general circulation in each of Guadalupe, Bexar, and Comal Counties as required by Section 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., Keith Van Dine, Gary Wallace, William W. Sommers, Kevin J. Grant, and Roberta Tutschke) and the following two additional persons as members of a capital improvements advisory committee: Tim Fetter (representing the real estate, development, or building industry and not an employee or official of any political subdivision or government entity) Peter Gue1 (representing the City's extraterritorial jurisdiction in which the City's impact fees are and are to be applied) RESOLUTION (Land Use, Etc.).doc 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. Ail 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 6. 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, as amended, Texas Government Code. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day ofJune, 2006. Mayor ATTEST: ~~ . ySec tary (CITY SEAL) RESOLUTION (Land Use. Etc.).doc