RES 1333 09/12/2006 RESOLUTUION NO. 1333
A RESOLUTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY,
TEXAS, CREATING AN IMPACT FEE ADVISORY COMMITEE TO
PROVIDE COMMENTS TO THE CITY COUNCIL ON PROPOSED
AMENDMENTS TO THE LAND USE ASSUMPTIONS, CAPITAL
IMPROVEMENTS PLAN, AND IMPACT FEE RECOMMENDATIONS
TO THE CITY COUNCIL.
WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe
County, Texas, created in accordance with provisions of the Texas Local Government Code and
operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of
the State of Texas;and
WHEREAS,the City of Cibolo, Texas, is governed by a Home Rule Charter that was approved
by the Citizens of Cibolo in a duly called election held on September 11,2004; and
WHEREAS, the City of Cibolo, Texas, has implemented impact fees through the adoption of
Ordinance No. 627 on February 24, 2004, in accordance with Chapter 395 of the Texas Local
Government Code; and
WHEREAS,the City Council recognizes the need to review the City's impact fees on a regular
basis and to revise the fees from time to time.
THEN BE IT RESOLVED BY THE CITY COI NC'TT.OF CIBOLO TEXAS:
SECTION 1.
IMPACT FEE ADVISORY COMMITTEE CREATED
SUBSECTION 1.1 CREATION,COMPOSITION APPOINTMENT OF MEMBERS
There is hereby created an Impact Fee Advisory Committee to be composed of not less than five
(5) members who shall be appointed by a majority vote of the governing body of the political
subdivision. Not less than forty (40) percent of the membership of the advisory committee must
be representatives of the real estate, development, or building industries who are not employees
or officials of a political subdivision. The City Council may appoint the Planning and Zoning
Commission as the advisory committee if the Commission includes at least one(1) representative
of the real estate, development, or building industry who is not an employee or official of a
political subdivision or governmental entity. If an impact fee is to be applied in the
extraterritorial jurisdiction of the City of Cibolo, the membership must include a representative
from that area.
SUBSECTION 1.2 QUALIFICATIONS AND TERMS OF MEMBERS
Members of the Advisory Committee shall be appointed to serve for terms of (2) years. A
member shall continue to serve until the City Council appoints his/her successor. Three (3)
members shall serve terms that expire on the first day of October 2008, and whose terms shall
thereafter expire every two (2) years during even number years. Two (2) members shall serve
terms that end on the first day of October 2007 and whose terms shall thereafter expire every two
(2) years during odd number years. All vacancies shall be filled by appointment of a majority
vote of the City Council and such appointments shall be for the remainder of the unexpired term.
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SECTION 1.3 MEMBERS TO SERVE WITHOUT COMPENSATION
Members of the Advisory Committee shall serve without compensation.
SECTION 1.4 ORGANIZATION AND MEETINGS
The members of the Impact Fee Oversite Committee shall organize and select their officers and
shall hold meetings regularly at least once in each quarter and shall designate the time and place
of such meeting. The preferred meeting place shall be at the City Hall or some business located
within the City's corporate limits. All officers' terms run one (1)year from the date of selection.
Elections shall be held at the first meeting held after twelve (12) months from the date that the
officers have been selected.
The following describes Officers and their duties:
Chairman: Shall preside over the affairs while the Committee is in session with the Chairman
being a resident of the City of Cibolo. The Chairman may vote on all matters before the
Committee but may not originate any motion.
Secretary: Shall keep an accurate account and record of all meetings, both regularly scheduled
and special. The Secretary shall work with the administrative staff of the City of Cibolo to
prepare a regular agenda and see that it is posted in accordance with State of Texas Open
Meetings requirements.
SECTION 1.5 QUORUM
A majority of the Impact Fee Advisory Committee shall eonstit:te a Quorum for the transaction
of business.
SECTION 1.6 RULES AND PROCEDURES; RECORD OF PROCEEDINGS
The Impact Fee Advisory Committee shall operate in accordance with Robert's Rules or Order
and shall keep a record of their proceedings.
SECTION 1.7 ATTENDANCE
Any member who misses more than three (3) consecutive regular meetings, or twenty-five
percent (25%) of regularly scheduled meetings during the twelve month (12 month) period
immediately preceding and including the absence in question, without explanation acceptable to a
majority of the other members, shall forfeit his/her position on the board, commission or
committee. In the event of such termination,the Chairperson of the Committee shall immediately
notify the City Council who shall then take immediate steps to fill the vacancy.
SECTION 1.8 GENERAL POWERS AND DUTIES
The Impact Fee Advisory Committee serves in an advisory capacity to the City Council and is
established to:
(1) advise and assist the City in adopting land use assumptions;
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(2) review the capital improvements plan 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 City Council 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(s).
SECTION 1.9 EXPENDITURES AND OBLIGATIONS
Whenever it is deemed necessary by the Impact Fee Advisory Committee to incur any expenses
in performing the duties assigned*- it, an estimate of--uch proposed expenses shall be submitted
to the City Manager. No debts of any kind or character shall be made or incurred by the Impact
Fee Advisory Committee or any one acting for it, unless such expenditures have been specifically
authorized by the City Manager prior to the time such obligations are incurred.
APPROVED AND ADOPTED by a vote of .'� for to 0 against this 12`h day of September,
2006.
AROV :
utton
ATTEST:
//�
Peggy Cimics, City Secretary
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