2008-102ORDINANCE NO. 2008- /Oz
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALL-
ING A PUBLIC HEARING OF THE DENTON CITY COUNCIL ON LAND USE ASSUMP-
TIONS, A CAPITAL IMPROVEMENTS PLAN, AND A PROPOSED AMENDMENT TO
IMPACT FEES RELATED TO THE POSSIBLE ADOPTION OF AMENDED WATER AND
WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS
LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE
OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC
HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on the 19th day of February, 2008, the City Council passed Ordinance No.
2008-041 appointing the City of Denton, Texas Planning and Zoning Commission members and
one (1) additional ad hoc committee member from the extraterritorial jurisdiction of the City as
the Denton Capital Improvements Advisory Committee (the "Committee"), in accordance with
Texas Local Government Code §395.058; and
WHEREAS, the Committee has met as required by law since the enactment of the above-
referenced Ordinance No. 2008-041 to consider land use assumptions and a capital improve-
ments plan related to the possible adoption of amended impact fees to recover those costs related
to water and wastewater facilities, as allowed by law; and
WHEREAS, the City Council should hold a public hearing in accordance with the re-
quirements of subchapter C of Chapter 395 of the Texas Local Government Code to obtain pub-
lic input on the land use assumptions, to the capital improvements plan, and relating to the possi-
ble adoption of such amended impact fees; and
WHEREAS, the Committee shall, as required by §395.056 file its written comments on
the proposed amendments to the land use assumptions, capital improvements plan, and proposed
amended impact fees before the 5th business day before the date of the public hearing on the
amendments, which is scheduled for Tuesday, June 17, 2008, in the Denton City Council Meet-
ing convening at 6:30 p.m. and shall make its recommendations to the City Council known, with
regard to land use assumptions, capital improvements plan, and amended impact fees; and
WHEREAS, the Public Utilities Board has met in accordance with the Charter and the
City of Denton procedures, and Staff will present the Board's recommendations to the City
Council regarding the land use assumptions, capital improvements plan, and the possibility of an
amended impact fee; and
WHEREAS, the City Council deems it in the public interest to set a public hearing on the
subject of land use assumptions, a capital improvements plan, and relating to the possible adop-
tion of amended impact fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby calls a public hearing to be held in the City
of Denton, City Council Chambers at 215 East McKinney Street, Denton, Texas 76201 conven-
ing at 6:30 p.m. on June 17, 2008 to consider the adoption of land use assumptions within a des-
ignated service area that includes an area both within the corporate city limits of Denton and por-
tions of its extraterritorial jurisdiction, to consider the capital improvements plan as proposed,
and to consider, as more fully shown on the attached notice of public hearing, the possible adop-
tion of amended impact fees to recover costs related to water and wastewater facilities.
SECTION 2. That the City Secretary of the City of Denton, Texas is hereby directed to
publish notice of the public hearing on one occasion, before the 30th day before the date set for
the hearing, in the Denton Record-Chronicle, a newspaper of general circulation in Denton
County, Texas; said notice to be substantially in accordance with the notice of public hearing
which is attached to and made a part of this ordinance for all purposes and in compliance with
Texas Local Government Code §395.055(b). Further, on or before the 30`h day before the date of
the public hearing on land use assumptions, capital improvements plan, and proposed amended
impact fees, the City Secretary of the City of Denton, Texas shall send a notice of the public
hearing by certified mail to any person who has given written notice by certified or registered
mail to the City Secretary, as the designated official of the City of Denton, Texas, requesting no-
tice of the public hearing within two years preceding the date of adoption of the order, ordinance,
or resolution setting the public hearing.
SECTION 3. That on or before the date of the first publication of the notice of the pub-
lic hearing on the land use assumptions, capital improvements plan, and proposed amended im-
pact fees, the City Secretary shall make available to the public the City's land use assumptions,
the time period of the projections, and a description of the general nature of the capital improve-
ment facilities, that may be proposed in accordance with Texas Local Government Code
§395.043, in the office of the City Secretary in the City Hall at 215 East McKinney Street, Den-
ton, Texas 76201.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the t - day of 2008.
9~~g
PERRY . McNEILL, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: lm'lu~~ ~ ~ 12 1 tl~
APPR ED AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: e
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EXHIBIT "A"
NOTICE OF PUBLIC HEARING
ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN
RELATING TO THE POSSIBLE AMENDMENT OF
WATER AND WASTEWATER IMPACT FEES
A public hearing of the Denton City Council will be convened at 6:30 p.m., Tuesday, June
17, 2008 at the Denton City Council Chambers at 215 East McKinney Street, Denton, Tex-
as 76201 on the following issues.
The purpose of the hearing is to consider the land use assumptions and capital improve-
ments plan under which amended impact fees may be proposed.
Any member of the public has the right to appear at the public hearing and present evi-
dence for or against the update.
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