2008-041ORDINANCE NO. 2008- O L
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 ONE
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 PROCEDURAL 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 23rd day of May, 2003, the City Council considered, approved, and
authorized impact fees as provided in Ordinance No. 2003-137; 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 Improvements 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 impact 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, is to be appointed as members of the
Capital Improvements Advisory Committee; 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 1. 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 2. The Denton Capital Improvements Advisory Committee sometimes
referred to as the "Advisory Committee" shall consist of eight members; seven shall consist of
the members 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 members 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 even-numbered years.
SECTION 3: Ken Dickson, 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 4. 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 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 5. 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 6. 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. 2001-
193, as amended by Ordinance No. 2001-204, as amended by Ordinance No. 2002-018, and as
amended in the future, hereby adopting those procedural rules as the rules of the Advisory
Committee.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Nhday of February, 2008.
C
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PEP4K R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: )APPRO D AS T LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: 49 1 cnu