2013-066oxDnvaNCE No. 2013-066
AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS A REQUIREMENT
BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING
COMMISSION'S MEMBERS AS MEMBERS OF THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF ON�
ADDITIONAL AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY
COMMITTEE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
DENTON, TEXAS; PROVIDING FOR THE ADOPTION OF PROCEDiJRAL RULES FOR
THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FOLLOW IN
PERFORMING 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, on the 15th day of July, 2008, the City Council considered, approved, and
authorized impact fees as provided in Ordinance No. 2008-156; now five (5) years has passed,
and the City Council, in accordance with the applicable Texas law, must conduct appropriate
activities regarding the imposition of impact fees for an additional five (5) year period; and
WHEREAS, a Capital Improveinents Advisory Committee is required to be created
before any impact fees can be authorized in accordance with §395.058 of the Texas 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) monitor 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 political subdivision any perceived inequities in
implementing the plan or imposing the iinpact fee; and .
(5) advise 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 Planning and Zoning Commission of the
City of Denton, Texas, consisting of seven (7) members, act as the advisory committee since the
Commission has more than one (1) representative of the real estate, development, or building
industry who are not employees or officials of a political subdivision or governmental entity;
which Commission shall constitute a portion of the membership of the Capital Improvements
Advisory Committee as provided by law; and
WHEREAS, the City Council desires that any authorized impact fees be applied in the
extraterritorial jurisdiction of the City of Denton, Texas; therefore one (1) additional ad hoc
voting member of the Capital Improvements Advisory Committee must be selected from the
extraterritorial jurisdiction of the City of Denton; and NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations set forth which are set forth above in this Ordinance are
expressly incorporated by reference herewith, as if made a part of this Ordinance.
SECTION 2. The City Council hereby establishes the Denton Capital Improvements
Advisory Committee pursuant to Texas Local Government Code §395.058 as a prerequisite of
authorizing impact fees.
SECTION 3. The Denton Capital Improvements Advisory Committee sometimes
referred to as the "Advisory Committee" shall consist of eight members; seven shall.consist of
the inembers of the City of Denton Planning and Zoning Commission and one shall be appointed
ad hoc from the extraterritorial jurisdiction of the City of Denton, Texas. All eight (8) members
of the Advisory Committee shall be voting inembers thereof. The terms of the members shall
parallel those terms of the City of Denton Planning and Zoning Commission, except that the ad
hoc member from the extraterritorial jurisdiction of the City of Denton shall serve a term of two
(2) years and shall be appointed in odd-numbered years,
SECTION 4: Dr. Ken Dicicson, as a person residing in the extraterritorial jurisdiction of
the City of Denton, Texas, is well-qualified to serve, and is hereby accordingly appointed as an
ad hoc voting member of the Advisory Committee,
SECTION 5. It is understood that the ad hoc member from the extraterritorial
jurisdiction of this city, appointed in Section 3 above, shall have no authority to seive 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 6. The duties of the Advisory Committee shall consist of the requirements
listed in Texas Local Government Code §395.058(c) and (d) as currently written, and any other
duties as may be required by amendment of that statute.
SECTION 7. The City Council hereby designates procedural rules for the Advisory
Committee to follow in carrying out its duties by requiring the Capital Improvements Advisory
Committee to follow the City Council Rules of Procedure as set forth in Ordinance No. 2011�-
038, enacted on the ls` day of March, 2011, and as amended in the future, hereby adopting those
procedural rules as the rules of the Advisory Committee,
SECTION 8. This ordinance shall become effective immediately upon its passage and
approvaL
PASSED AND APPROVED this the �day of March, 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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AS�YO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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