R97-41 07-21-97RESOLUTION NO. R97-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY
OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH
STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, by virtue of Vernon's Texas Codes Annotated, Volume 3, Local
Government Code, Chapter 395 ("State Law"), the City Council has found it
necessary and appropriate to revise the City's capital improvements plan and update
impact fees to comply with the provisions of said State Law; and
WHEREAS, the City Council has employed qualified professionals to revise the
capital improvements plan and calculate updated impact fees, and has held a public
hearing, as required by State Law, at which hearing all persons desiring to be heard
were heard; and
WHEREAS, the City Council now desires to adopt the revised capital
improvements plan and levy an updated impact fee in accordance with said State Law;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution
are hereby found to be true and correct.
Section 2. The capital improvements plan, included in a study by Walsh
Engineering, Inc., entitled Water and Sanitary Sewerage Impact Fee Study 1996
Update (the "Study"), is incorporated herein as Exhibit "A" and made a part hereof for
all purposes.
RESOLUTION NO. R97-41
Section 3. The updated impact fee calculations, included in the Study, and
more particularly, Table 15 located at page 43, and made a part hereof for all
purposes, are hereby approved and adopted.
Section 4. The impact fees set forth in the Study are hereby levied against
new development on lands located within the corporate boundaries of the City of
Pearland. The impact fees levied hereby are subject to the applicable provisions of
State Law.
Section 5. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Resolution is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 7. Repealer. All resolutions and parts of resolutions in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 8. Effective Date. This Resolution shall become effective ten (10) days
after passage of its first and only required reading by City Council.
PASSED, APPROVED and ADOPTED this the ¢-~/L~'ay of ~. ,
A.D., 1997. i'*'~L2
TOM REID
MAYOR
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RESOLUTION NO. R97-41
ATTEST:
APPROV AS TO FORM:
CITY AT~'~RNEY
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