2003-360ORDINANCE NO. 2003-,5(P[/~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
DENYING THE APPEAL OF WILLIAM KIM FUGITT, AIA (THE TIMBERS AT
DENTON, LLC.) BROUGHT PURSUANT TO §26-226 OF CITY OF DENTON
ORDINANCE NO. 2003-137, INVOLVING THE IMPOSITION OF IMPACT FEES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has hereby convened,
after posting notice of the time and place of the meeting as required by applicable law; that
certain appeal of William Kim Fugitt, AIA (The Timbers at Denton, LLC.), hereafter
referred to as the Developer; brought pursuant to §26-226 of City of Denton Ordinance No.
2003-137, respecting the imposition of impact fees; and
WHEREAS, the City Council finds that Developer has satisfied the time
requirement of §26-226(c) regarding the timely filing of its appeal and has submitted
written materials to the City in support of its appeal; and
WHEREAS, Developer has made an oral presentation to the Denton Public
Utilities Board on October 20, 2003, and after considering the presentation of Staff and
Developer, the Denton Public Utilities Board voted 6-0 to deny said appeal, with one
member absent; and
WHEREAS, under the provisions of §26-226, Developer presented its case and
filed materials for the City Council's consideration, and made arguments; the City, through
its Staff, presented its case and filed materials for the City Council's consideration, and
made arguments; and the City Council, having been instructed as to the burden of proof
and the applicable law, issued its ruling on the appeal. NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the appeal of William Kim Fugitt, AIA (The Timbers at
Denton, LLC.), brought pursuant to §26-226 of City of Denton Ordinance No. 2003-137,
having been considered by the City Council, and as duly noticed in accordance with
plicable law, is not well taken and is hereby accordingly DENIED.
SECTION 2: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the AIAL day of 2003.
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~I
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