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R-3113-10-12RESOLUTION NO. 3113-10-12(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, MAKING THE DETERMINATION THAT NO UPDATE OF THE CITY'S LAND USE ASSUMPTIONS, CAPITAL DYIPROVEMENTS PLAN, OR IMPACT FEES IS NEEDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen has previously adopted land use assumptions and capital improvements plan and, imposes impact fees based on said assumptions and plan, in accordance Chapter 395 of the Texas Local Government Code, as amended, pursuant to a study prepared by Birkhoff, Hendricks, and Conway, L.L.P. Consulting Engineers in May 2002 for the period 2002-2012 ("the 2002 Impact Fee Study"); and, WHEREAS, Texas Local Government Code §395.052 requires that a city imposing an impact fee update its land use assumptions and capital improvement plan at least every five years unless, pursuant to the procedures set forth in Texas Local Government Code §395.0575, the city council determines that no such updates are necessary; and, WHEREAS, on September 25, 2007, the City Council reviewed the 2002 Impact Fee Study and determined at that time it was not necessary to update the land use assumptions, capital improvements plan, and impact fees; and, WHEREAS, City staff has reviewed the land use assumptions, capital improvements plan, and impact fees previously adopted as a result of the 2002 Impact Fee Study and recommends that no updates are necessary at this time; and, ' WHEREAS, the City Council of the City of Allen, Texas, concurs in the foregoing recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Pursuant to Texas local Government Code §395.0575(a), the City Council finds and determines that no change is necessary to the land use assumptions, capital improvements plan, or impact fees previously adopted in accordance with the 2002 Impact Fee Study. SECTION 2. This Resolution shall take effect immediately upon approval, and it is accordingly so resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 9Tn DAY OF OCTOBER, 2012. APPROVED: Stephen Irerrell, MAYOR ATTEST: ' Shelley B. George, CITY SECRE Y (KBL 9/27/12 57473)