1998-081 ORDINANCE NO
AN ORDINANCE CREATING CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
PURSUANT TO LOCAL GOVERNMENT CODE SECTION 395 058 AS A REQUIREMENT
BEFORE AUTHORIZING IMPACT FEES, APPOINTING THE PLANNING AND ZONING
COMMISSIONS MEMBERS AS MEMBERS OF THE ADVISORY COMMITTEE,
PROVIDING FOR THE APPOINTMENT OF AND APPOINTING ONE AD HOC MEMBER
OF THE ADVISORY COMMITTEE FROM THE EXTRA TERRITORIAL JURISDICTION
OF THE CITY OF DENTON, PROVIDING FOR THE ADOPTION OF PROCEDURAL
RULES FOR THE ADVISORY COMMITTEE TO FOLLOW IN CARRYING OUT ITS
DUTIES, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas desires to authorize impact fees pursuant to
Chapter 395 of the Texas Local Government Code, and
WHEREAS, a Capital Improvements Advisory Committee is required to be created
before any impact fees can be anthonzed in accordance with Section 395 058 of the Local
Government Code, and
WHEREAS, such Capital Improvements Advisory Committee IS to serve in an advisory
capacity and is established to
(1) advise and assist the city council in adopting land use assumptions
(2) review the capital improvements plans and file written comments,
(3) momtor and evaluate implementation of the capital improvements plan,
(4) file semiannual reports with respect to the progress of the capital improvements
plan and report to the pohtieal subdivision any perceived meqmtaes m
implementing the plan or imposing the impact fee, and
(5) adwse the city council of the need to update or revise the land use assumptions,
capital improvements plan, and impact fee
WHEREAS, the City Council desires that the members of the Planning and Zomng
Commission be members of the Capital Improvements Advisory Committee, and
WHEREAS, the City Council desires that any authorized impact fees be applied m the
extra terfltonal jurisdiction of the City of Denton, an ad hoe voting member of the Advisory
Committee must be selected from the extra temtonal jurisdiction, and NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. The City Council establishes the Denton Capital Improvements Advisory
Committee pursuant to Texas Local Government Code Section 395 058 as a prereqmsite of
authorizing impact fees
SECTION II. The Denton Capital Improvements Advisory Committee sometanes
referred tO as "Advisory Committee" shall consist of eight members, seven shall consist of the
members ,of the Planmng and Zoning Commission and one will be appointed ad hoc from the
extra temtonal jurisdiction of the City Of Denton The terms of the members shall parallel that
of the Planmng and Zomng Commission except that the ad hoc member fi.om the extra temtonal
junsdmtlon of the City of Denton shall serve a term of two years and shall be appointed in even
numbered years The Advisory Committee shall always contmn at least one member fi.om the
real estate, development or bmldlng mdustry
E T~$._~[TI_Q]~[.I~That Doug Chadwmk, as a person residing in the extratemtonal
jurisdiction of the City of Denton, is hereby appointed as an ad hoc votmg member of the
Advisory Committee
SECTION IV. The ad hoc member from the extra temtonal jtmsdlctlon shall have no
authority to serve or deliberate as a member of the Planning and Zoning Commission of the City
of Denton and shall serve only as a member of the Advisory Committee
SECTION V. The duties of the Advisory Committee shall consist of the requirements
listed in Local Government Code Section 395 058(c) as currently wntten and any other duties as
may be reqmred by amendment of the statute
SECTION VI. City Council hereby designates procedural rules for the Advisory
Committee to follow in carrying out its duties by reqmnng the Capital Improvements Advisory
Committee to follow the City Council Rules of Procedure as set forth in Ordinance No 94-183,
as amended and hereby adopting those procedural rules as the rules of the Advisory Committee
SECTION VII. That this ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED thls the le~(~ dayof ~0,~ , 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S [Our Doeurtl~nts\Orfl lnanees\9 8~IMPACT FEE COMMITTEE ORDiNANCE DOC