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:
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. ySec tary
(CITY SEAL)
RESOLUTION (Land Use. Etc.).doc