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17-R-93 - Scheduling a public hearing to consider adoption of land use assumptions and capital improvements planRESOLUTION NO. 17 -R -93 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SCHEDULING A PUBLIC HEARING TO CONSIDER ADOPTION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN UNDER WHICH AN IMPACT FEE MAY BE IMPOSED FOR ROADWAYS WITHIN THE'' CITY; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID PUBLIC HEARING; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Chapter 395, Texas Local Government Code, provides procedures for preparing land use assumptions and a capital improvements plan for the consideration of imposing roadway impact fees within the city limits; and WHEREAS, the City of Schertz has found it necessary and appropriate to employ qualified professionals to prepare land use assumptions and a capital improvements plan for roadway facilities; and WHEREAS, the City of Schertz has appointed a Capital Improvements Advisory Committee which is charged to advise the City Council on land use assumptions and on the capital improvements plan for roadway facilities; and WHEREAS, the City Council of Schertz now desires to schedule a public hearing on the land use assumptions and a capital improvements plan for the possible imposition of roadway impact fees in accordance with Chapter 395; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. In accordance with Chapter 395 of the Texas Local Government Code, the City Council has employed qualified professionals to prepare land use assumptions and a capital improvements plan for the imposition of roadway impact fees within the City limits. Section 2. The City Council hereby schedules a public hearing on the land use assumptions and roadway capital improvements plan for 6:00 pm, November 28, 2017, at Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Section 3. The City Secretary is directed to have notice, as attached hereto, of such public hearing published in the San Antonio Express News, on October 27, 2017. The City Secretary is further directed to send notice of hearing by certified mail to any person who has given written notice to the City Secretary requesting notice of such hearing. Section 4. Copies of the land use assumptions and capital improvements plan for roadway facilities shall be available to the public at the Office of the City Secretary at City Hall on and after October 27, 2017. Section 5. 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 City Council. Section 6. 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 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 9. 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 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED, this 24th day of October, 2017. ATTEST: nda Dennis, City Secretary (CITY SEAL) CITY OF S TZ, TEXAS Mi ael R. Carpenter, Mayor -2-