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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 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ~I S:\Our Documents\Ordinances\03\Appeat of Impact Fees - Fugitt 2003A.doc 2