RES 1326 05/09/2006 RESOLUTION NO.J-3-�6
A RESOLUTION AFFIRMING THAT THE CITY OF
CIBOLO'S CURRENT IMPACT FEE COST ASSESSMENT
IS IN COMPLIANCE WITH STATE LAW
WHEREAS, City of Cibolo City Council approved an Impact Fee Program in July 2002; and
WHEREAS, the Mayor of the City of Cibolo during 2002 advised the City Council at that time
that at their option, the Council could set the impact fee collection rate at 100% of the assumed
impact cost; and
WHEREAS, in the year 2003, the City Council was advised that ratifying the previous action in
the form of an ordinance was necessary in order to comply with Texas Local Government Code
395; and
WHEREAS, the Council in good faith passed that ordinance, thus setting the impact fee
collection rate at 100% of the assumed impact costs; and
WHEREAS, since that time the aforementioned fee structure has been called into question as
being set at an improper rate of collection; and
WHEREAS, a Modified Statement of Compliance was approved and passed by the present City
Council under the advice and guidance of the city attorney and the office of the Attorney General
of the State of Texas with certain stipulations;
WHEREAS, an independent third party municipal law expert has reviewed the City of Cibolo
impact Fee ordinance and concluded that the City cannot legally collect 100% of the assumed
impact cost as a fee, and can only collect 50%of the assumed impact cost as a fee under the law;
and
WHEREAS, in an effort to assure the legality of impact fee collection, the City of Cibolo has
ceased collecting 100% of the assumed cost and only collects 50% of the assumed cost of the
impact, in accordance with Texas Local Government Code Chapter 395.
NOW THERE FORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
The City Council for the City of Cibolo, after making such findings and determinations as listed
above does hereby resolve that:
1. The correct rate of fee collection under our 2003 Impact Fee Ordinance is a
maximum of 50% of the assumed impact cost,
2. That only 50% of the assumed impact cost has been collected under the
authority of the present Council and City Management,
CADocuments and Settings\pcimicsTocal Settings\Temporary Internet Files\OLKE\Impact Fee Program(Cibolo).doc
3• It is the intent of this Council that at such time as the Capital Improvements
Committee forwards a recommendation for a new assumed impact cost
schedule, and such recommendation has been reviewed and/or revised, and
passed by ordinance, the collection rate shall remain at 50%of the assumed
impact cost.
PASSED AND APPROVED, on this 9 day of /�'1,�
`/ , 2006.
JohrinSu n, Mayor
Y tto
rCity of Cibolo, Texas
ATTEST:
Peggy Cimics, City Secretary
City of Cibolo, Texas
APPROVED AS TO FORM:
Susan C. Rocha, City Attorney
City of Cibolo, Texas
CADocuments and Settings\pcimics\Local Settings\Temporary Internet Files\OLKE\Impact Fee Program(Cibolo).doc