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HomeMy WebLinkAboutResolution No. 85-09 CITY OF THE COLONY RESOLUTION NO. ~-Oc/ A RESOLUTION URGING AND DIRECTING THE COLONY MU- NICIPAL UTILITY DISTRICT NO. 1 TO CEASE IT'S EXISTING POLICIES OF FINANCING EITHER ALL OR UP TO 70% OF THE CAPITAL IMPROVEMENT REQUIREMENTS FOR DEVELOPERS AND TO ADOPT RULES, REGULATIONS, GUIDELINES AND POLICIES SIMILAR AND COMPATIBLE WITH THE ORDINANCES, RULES, REGULATIONS, GUIDELINES AND POLICIES OF MU- NICIPALITIES LOCATED WITHIN DENTON, COLLIN, DALLAS AND TARRANT COUNTY AND IN CLOSE PROXIMITY TO THE BOUNDARIES OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 WHICH ORDINANCES, RULES, REGULATIONS AND POL- ICIES REQUIRE THE DEVELOPER TO FINANCE 100% OF THE COST OF NECESSARY PUBLIC IMPROVEMENTS CUSTOMARILY DESIGNATED AS TRADITIONAL DEVELOPER'S COSTS WHICH ORDINANCES, RULES, REGULATIONS AND GUIDELINES ARE GENERALLY REFERRED TO AS IMPACT FEE ORDINANCES. WHEREAS, the Colony Municipal Utility District No. 1 (the District) was created in 1974 as a Chapter 54 Municipal Utility District pursuant to Chapter 54 of the Texas Water Code; and WHEREAS, the City of The Colony (the City) was approved for incorporation in 1977 as a general law City and the voters of the City approved a Home Rule Charter in 1979 thereby creating a Home Rule City pursuant to the Texas Constitution art. 11, sec. 5; and WHEREAS, originally and at the present time nearly all of the taxable property values located within the District are within the boundaries of the City which means that all rules, regulations and policies of the District that relate to financing of public improvements directly affect and impact the tax load and the tax rate of the citizens, taxpayers and property owners of The City; and WHEREAS, the City recently became aware of the fact that the long standing policy of the District was to finance the cost of capital improvements for developers which financing has been traditionally required by the mun- icipalities to be paid for and financed by the developer; and WHEREAS, the City has reviewed the ordinances, rules, regulations and policies of municipalities Iocated within Denton, Collin, Dallas and Tarrant County which municipalities are in close proximity to The City and have concluded that the current, customary and traditional practice is to require developers to finance, as required by Impact Fee Ordinances, as wel! as construct, the pubIic improvements directly related to their own development and any public improvements needed in order for their development to be constructed in a manner that does not adversely impact other and existing development; and WHEREAS, the City does find that such current and existing policies of the District relating to the financing of normal developer costs results in heavier tax burdens for the City's taxpayers, property owners and citizens; and WHEREAS, the City believes that Impact Fee Ordinances are fair, equitable and reasonable and that said Ordinances incorporate a refunding provision for costs expended by the developer over and above the normal costs; and WHEREAS, the City requests, urges and directs the District to reconsider its existing rules, regulations and policies and to adopt new rules, regulations and policies that require ali developers to finance 100% of the cost of public improvements attributabIe to their development. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY. Section 1. That all statements made in the Preamble are found to be true an(~ correct an(~ are hereby lncorporate~l Into tl~e body of this Resolution, as if copied in their entirety. Section 2. That the Board of Directors and Staff of The Colony Municipal Utility District No. 1 are urged, directed and requested to discontinue the current District policy of the District's financing of traditional developer costs and to adopt new rules, regulations and policies similar to City Impact Fee Ordinances that require the developer to finance 100% of said costs of public improvements. Section 3. That copies of this Resolution shall be distributed by the City Secretary to all members of the Board of Directors of The Colony Municipal Utility District No. 1. Section 4. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED THIS /9 day of (~_,1985. APPROVED: ATTEST: Cit~e~cretary [SEAL] APPROVED AS TO FORM: