2002-342ORDINANCE NO.2002-211A
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 AND
APPOINTING 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, 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 members of the Planning and Zoning
Commission of the City of Denton, Texas constitute 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 an ad hoc voting member of
the Capital Improvements Advisory Committee must be selected from the extraterritorial
jurisdiction; 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. That 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. 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. The Advisory
Committee shall always contain at least one member from the real estate, development or
building industry.
SECTION 3: That Lee Allison, 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. That it is understood that the ad hoc member from the extraterritorial
jurisdiction, 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. That the duties of the Advisory Committee shall consist of the
requirements listed in Texas Local Government Code §395.058(c) as currently written, and any
other duties as may be required by amendment of that statute.
SECTION 6. That 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. That this ordinance shall become effective immediately upon its passage
and approval. "
PASSED AND APPROVED this the ~ day of k& 12002.
A„
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: (/~1Gf I1 1(~ l~f U(~ f/ /l j C~
z
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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