R129 RESOLUTION NO. 129
A RESOLUTION OF THE CITY COUNCIL OF KENNEDALE, TEXAS,
OPPOSING SENATE BILL 1398 AND ANY LEGISLATION CREATING
A COMPENSABLE TAKING IN CONNECTION WITH ZONING
MATTERS.
WHEREAS, the City of Kennedale, Texas is charged with adopting and enforcing
reasonable zoning and land use regulations within the City; and
WHEREAS, since 1927, the State of Texas has provided for and authorized
municipalities to utilize legitimate police powers in regulating land uses through zoning;
and
WHEREAS, as provided in Section 211.004 of the Texas Local Government
Code, the purpose of municipal zoning regulations is to lessen congestion in the streets,
secure safety from fire, panic, and other dangers, promote health and the general
welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue
concentration of population, or facilitate the adequate provision of transportation, water,
sewers, schools, parks, and other public requirements; and
WHEREAS, the United States Supreme Court and the Texas Supreme Court
have adopted specific Constitutional guidelines which govern the review of zoning
regulations that might constitute a taking of property; and
WHEREAS, through the exercise of a municipality's regulatory authority,
compensation is not required under the United States Constitution or the Texas
Constitution; and
WHEREAS, Senate Bill 1398 proposes to require municipalities to pay
compensation to property owners for decreases in property value caused by valid
municipal zoning regulations; and
WHEREAS, Senate Bill 1398 would compel municipalities to conduct costly,
time - consuming real estate appraisals in connection with many proposed zoning
changes; and
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WHEREAS, Senate Bill 1398 would severely impair the ability of municipalities to
make reasonable zoning decisions that balance the public interest against private
property rights; and
WHEREAS, Senate Bill 1398 would undermine the intent of comprehensive
plans of municipalities; and
WHEREAS, the City Council of the City of Kennedale is of the opinion that
Senate Bill 1398 would substantially limit the ability of municipalities to make land use
decisions that are in the best interest of the health, safety, and welfare its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
That the City Council hereby opposes the adoption of SB 1398 and any
legislation that would create a compensable taking in connection with the adoption of
legitimate zoning regulations.
SECTION 2.
That the City Manager is directed to forward a copy of this resolution to our State
representatives and senators opposing the enactment of SB 1398 or any other
legislation creating a compensable taking in connection with the adoption of legitimate
zoning regulations.
SECTION 3.
This resolution shall be in full force and effect from and after its passage.
"'''''''N SED AND APPROVED THIS 10TH DAY OF MAY, 2001.
OF
Nr iAlyit
* .� ` : MAYOR
%99 ,67C 6s
CITY SECRETARY
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