Loading...
R192RESOLUTION NO. 192 A RESOLUTION RATIFYING AND CONFIRMING THE APPOINTMENT OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE OF THE CITY OF KENNEDALE, TEXAS AND ALL ACTIONS TAKEN BY THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, municipalities may enact and impose impact fees by complying with the provisions of Chapter 395 of the Texas Local Government Code; and WHEREAS, on March 14, 1991, the City Council of the City of Kennedale, Texas (the "City Council") adopted Ordinance No. 1 that enacted and imposed impact fees; and WHEREAS, the City Council thereafter adopted ordinances that updated and revised such impact fees, including the following: (a) Ordinance No. 138, adopted July 10, 1997; (b) Ordinance No. 159, adopted November 5, 1998; (c) Ordinance No. 230, adopted March 14, 2002; and (d) Ordinance No. 235, adopted May 9, 2002; and WHEREAS, § 395.058 of the Local Government Code requires that a municipality appoint a Capital Improvements Advisory Committee before the municipality calls a public hearing to consider land use assumptions and a capital improvements plan for the service area where impact fees are to be imposed; and WHEREAS, § 395.058 provides that the Capital Improvements Advisory Committee shall advise and assist the governing body of the municipality with respect to the land use assumptions and capital improvements plan to be developed and implemented, and the impact fees to be imposed, and shall advise and assist the governing body in updating and revising such land use assumptions and capital improvements plan; and WHEREAS, § 395.058 further provides that if a municipality has a planning and zoning commission, the governing body may appoint the commission to act as the capital improvements advisory committee, provided the commission includes at least one representative of the real estate, development, or building industry who is not an employee or official of the municipality; and WHEREAS, the City Council of the City of Kennedale, at all times relating to the enactment, imposition, updating and revision of Kennedale's impact fees, had a Planning and Zoning Commission that included at least one representative of the real estate, development, or building industry who was not an employee or official of the City of Kennedale, and WHEREAS, the City Council in 1991 appointed the Planning and Zoning Commission to serve as the Capital Improvements Advisory Committee of the City of Kennedale; and W:\Kennedale\Resolutions\CapImpAdvCom.doc Page I ", WHEREAS, the Planning and Zoning Commission has served as the Capital Improvements Advisory Committee with respect to all of the City's land use assumptions and capital improvement plans, and the enactment, imposition, updating and revision of the City's impact fees; and WHEREAS, the City Council desires to ratify and confirm the appointment of the Planning and Zoning Commission as the Capital Improvements Advisory Committee of the City of Kennedale for purposes of advising and assisting the City Council on updates to the impact fee ordinance. NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. Findings. The City Council finds and determines that the recitals in the preceding paragraphs of this Resolution are true and correct and the same are hereby made a part of Section 1 of this Resolution. Section 2. Ratification and Confirmation of Annointment. (a) The City Council hereby ratifies and confirms the Council's appointment of the Planning and Zoning Commission as the Capital Improvements Advisory Committee of the City of Kennedale. (b) The City Council hereby ratifies and confirms all actions taken by the Planning and Zoning Commission as the Capital Improvements Advisory Committee of the City of Kennedale. Section 3. Effective Date. This Resolution shall take effect from and after its date of adoption. ~~~,,,~~~~~~~~~~~~,,,,PASSED AND APPROVED by the City Council of the City of Kennedale, ,,,~`y OF ~AF~q©c~ AUGUST, 2005. ..„~ vim' •~~IST: *. • : *. .a• :~ , ;~ • ~ '' •' ,,;9,y~;•......•.• , ~Secre ary ~~~,,, COUN'('t,~, ~ ~,. """""''~~~ APPROVED AS TO FORM: By: //~/~~ ~~ City Attorney Texas this the W:\Kennedale\Itesolutions\CapImpAdvCom.doc Page 2