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HomeMy WebLinkAboutRES 051005-P - Land Use LegislationRESOLUTION NO. a5/0 45 P A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS EXPRESSING THE POSITION OF THE CITY COUNCIL ON VARIOUS LAND USE AND DEVELOPMENT, ANNEXATION, AND NUISANCE REGULATION BILLS BY THE 79th TEXAS LEGISLATURE AND ON THE POWERS OF TEXAS MUNICIPALITIES IN REGARD TO THE LOCAL GOVERNANCE AND MANAGEMENT OF CITIES. WHEREAS, the City of Georgetown, Texas is a home -rule city founded in 1848 located in Williamson County, Texas. It is one of the fastest growing counties in the nation and currently has an estimated population of approximately 35,000 inside the City Limits and 55,000 in the City's extraterritorial jurisdiction; and WHEREAS, Georgetown has been created and empowered by the people to carry out the protection of the mutual health, safety, and welfare of its citizens; and WHEREAS, the Texas Constitution grants the power to carry out these sacred duties by elected officials for the cities having been elected by the citizens to whom they are directly accountable; and WHEREAS, the prudent and responsible management of the affairs of the City of Georgetown requires that local public officials have the maximum ability and powers to meet their sworn duties without the erosion of local controls; and WHEREAS, the Texas Legislature has enacted legislation in the past that erodes the power of local government to control activities and functions of their cities; and WHEREAS, the introduction and passage of legislation that erodes local governmental authority threatens the sovereign powers delegated to Texas cities by the Constitution; and WHEREAS, the City of Georgetown has worked in concert with its citizens to develop a Unified Development Code that has worked well for the City, developers, and the citizens and that, together with other City plans such as the Downtown Master Plan, is producing projects that are unique to the City of Georgetown and that the City Council and the citizens can be proud of. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1 The City Council of the City of Georgetown, Texas hereby urges the Governor to veto SB 574 which would erode a city's authority under Chapter 211 of the Local Government Code to legislate in the area of zoning by applying the "vested rights statue in Chapter 245 of the Local Development Code to ' property classification,' and to thus recognize and affirm that zoning is the legislative function of a City Council exercised considering the public health and safety issues of the community as a whole. Section 2. The City Council of the City of Georgetown, Texas hereby urges the Texas Legislature not to approve any legislation that would further restrict the ability of a City to annex property into the city limits or the ability of a landowner to voluntarily request that his land be annexed into the corporate limits of a city. Land Use Legislation Resolution 03 /005`! Page 1 of 2 Pages Section 3. The City Council of the City of Georgetown, Texas hereby urges the Texas Legislature not to approve HB 2097 or any Senate companion bills restricting a City's ability to regulate nuisances within the City limits and up to 5,000 feet beyond the City limits, including areas within 50 feet of a public waterway. Section 4. The City Council of the City of Georgetown, Texas hereby urges the Texas Legislature not to approve HB 2236 or any Senate companion bills addressing a City's ability to set permit fees by a state -mandated process that does not comport with the City's budget process or fiscal year. Section 5. The City Council of the City of Georgetown, Texas hereby urges the Texas Legislature not to approve H B 2833 or any Senate companion bills that would make cities subject to the Texas Private Real Property Preservation Act, altering the way in which cities exercise their authority to regulate land use, and to not approve any requirement for a city to prepare a "takings impact assessment" for many actions routinely undertaken by a city because such a requirement is unduly burdensome and runs counter to effective public policy. Section 6: The City Council of the City of Georgetown, Texas hereby urges the Texas Legislature to be mindful of the growth management issues facing Central Texas cities that are coping with the brunt of the State s good fortune with respect to economic growth, but that need the proper tools to effectively manage that growth for the benefit of their citizens and for future generations. PASSED AND APPROVED by City Council of the City of Georgetown, Texas on May 10, 2005. ATTEST: THE CaTY OF GEORGETOWN: Sandra D. Lee py: G ' Nel City Secretary 11 ayor APP_'OVED AS TO FORM: C.CA Patricia E. Carls, Brown and Carls, L.L.P. City Attorney Land Use Legislation Resolution ©sio 05 Page 2 of 2 Pages