R94-18 04-11-94RESOLUTION R94-18
A RESOLUTION ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR THE
CITY OF PEARLAND, TEXAS; PROVIDING FOR THE IMPOSITION OF
IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN
FINDINGS; REPEALING THE CAPITAL IMPROVEMENTS PLAN AND
IMPACT FEES ADOPTED AS RESOLUTION NO. R88-30 BY MOTION OF
CITY COUNCIL ON OCTOBER 10, 1988; AND PROVIDING FOR
SEVERABILITY.
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 consider an updated
capital improvements plan and updated impact fees to comply with
the provisions of'said State Law; and
WHEREAS, the City Council has employed qualified professionals
to prepare a capital improvements plan update and calculate updated
impact fees, has adopted land use assumptions, appointed an
advisory committee, 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.updated
capital improvements plan and levy an 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
the Resolution are hereby found to be true and correct.
Section 2. The capital improvements plan, included in a study
by Walsh Engineering, Inc., titled, "Water and Sanitary Sewerage
Impact Fee Study 1993 Update" (Study), and made a part hereof for
all purposes, is hereby approved and adopted.
Section 3. The updated impact fee calculations, included in
the Study 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. Resolution No. R88-30, adopted by motion of City
Council on October 10, 1988, is hereby repealed in its entirety.
Section6. In the event any section, paragraph, subdivision,
clause, phrase, provision, sentence, or part of this Resolution or
the application of the same to any person or circumstance shall for
any reason be adjudged invalid or held unconstitutional by a Court
of competent jurisdiction, it shall not affect, impair, or
invalidate this Resolution as a whole or any part or provision
hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Pearland,
Texas, declares that it would have passed each and every part of
the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, or whether there be one
or more parts.
PASSED, APPROVED and ADOPTED this // day of ~,~j
A. D., 1994.
MAYOR
ATTEST:
AP~TO FORM:
DICK GREGG, JR.