94-16 R - Establishing an Impact Advisory Committee • r
CITY OF PROSPER, TEXAS RESOLUTION NO. 9 4- 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS ESTABLISHING PROCEDURAL RULES FOR
THE COMPOSITION AND THE CONDUCT OF THE IMPACT
ADVISORY COMMITTEE OF THE CITY OF PROSPER, TEXAS,
FOR GUIDING UTILITY IMPACT FEE DEVELOPMENT IN THE
CITY OF PROSPER, TEXAS
WHEREAS, Section 395.058(e), Local Government Code, requires the City of
Prosper, Texas to adopt procedural rules for an Impact Advisory Committee to follow in
carrying out its duties; and
WHEREAS, the City Council of the City of Prosper, Texas adopts the foregoing
procedural rules for the Impact Advisory Committee to follow in carrying out its duties
pursuant to Section 395.058, Local Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PROSPER, TEXAS:
SECTION 1: Appointment of Impact Advisory Committee.
The City Council of the City of Prosper, Texas (the "City Council") hereby
appoints Phil Cooper, Linda Mahard, George Boyce, David Ferguson and Mark Carey to
the Impact Advisory Committee. The City Council finds that in creating this Committee
and appointing these members not less than forty (40) percent of the membership are
representatives of the real estate, development or building industries and are not
employees or officials of a political subdivision or governmental entity. The City Council
also finds that George Boyce is a person residing within the extraterritorial jurisdiction of
the City of Prosper, Texas.
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SECTION 2: Functions of the Impact Advisory Committee.
The functions of the Impact Advisory Committee are those set forth in Section
395.058, Texas Local Government Code, or any successor statute, and shall include the
following:
(a) advise and assist the City of Prosper, Texas in adopting land use
assumptions;
(b) review the capital improvements plan and file written comments;
(c) monitor and evaluate implementation of the capital improvements
plan;
(d) 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
(e) advise the political subdivision of the need to update or revise the
land use assumptions, capital improvements plan, and impact fee.
SECTION 3: Conduct of Advisory Committee.
The City Council hereby directs the Impact Advisory Committee to:
(a) meet to conduct Impact Advisory Committee business only when a
quorum of forty percent (40%) or more of the appointed Impact
Advisory Committee is present at the scheduled meeting;
(b) designate by majority vote of the Impact Advisory Committee, a
Chairperson to direct the Impact Advisory Committee activities,
schedule meetings and conduct other such activities as commonly
prescribed in Robert's Rules of Order;
(c) develop recommendations for referral to the City Council by a
majority vote of those Impact Advisory Committee members present
for voting;
(d) meet at sufficiently frequent intervals to accomplish the functions set
forth in Section 2 above; and
(e) provide an Impact Advisory Committee Report to the City Council
on the recommendations for the initial development of water and
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sewer impact fees for the City of Prosper, Texas as soon as possible,
to allow the City of Prosper, Texas sufficient time to review the
Committee Report and consider adopting an impact fee ordinance.
SECTION 4: Responsibility of the City of Prosper, Texas.
Pursuant to Section 395.058(d), Local Government Code, the City of Prosper,
Texas shall make available to the Impact Advisory Committee any professional reports
with respect to developing and implementing the capital improvements plan.
SECTION 5:
This Resolution shall become effective immediately upon its passage and shall be
effective retroactively to April 21, 1994.
RESOLVED this 11th day of October, 1994.
RAD SMOTHERMAN, Mayor
ATTEST:
SHIRLEY J ecretary
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