2001-023 ResolutionRESOLUTION NO. 01-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, OPPOSING SENATE BILL 1398 AND ANY
LEGISLATION CREATING A COMPENSABLE TAKING IN
CONNECTION WITH ZONING MATTERS.
WHEREAS, the City of Southlake, Texas is charged with adopting and enforcing
reasonable zoning and land use regulations within the City; and
WHEREAS, since 1927, the State of Texas had provided for and authorized
municipalities to utilize legitimate police powers in regulating land uses through zoning; and
WHEREAS, as provided in Section 211.004 of the Texas Local Government Code, the
purpose of municipal zoning regulations is to lessen congestion in the streets, secure safety
from fire, panic, and other dangers, promote health and the general welfare, provide adequate
light and air, prevent the overcrowding of land, avoid undue concentration of population, or
facilitate the adequate provision of transportation, water, sewers, schools, parks, and other
public requirements; and
WHEREAS, the United States Supreme Court and the Texas Supreme Court have
adopted specific Constitutional guidelines which govern the review of zoning regulations that
might constitute a taking of property; and
WHEREAS, through the exercise of a municipality's regulatory authority,
compensation is not required under the United States Constitution or the Texas Constitution;
and
WHEREAS, Senate Bill 1398 proposes to require municipalities to pay compensation
to property owners for decreases in property value caused by valid municipal zoning
regulations; and
WHEREAS, Senate Bill 1398 would compel municipalities to conduct costly, time-
consuming real estate appraisals in connection with many proposed zoning changes; and
WHEREAS, Senate Bill 1398 would severely impair the ability of municipalities to
make reasonable zoning decisions that balance the public interest against private property
rights; and
Resolution No. 01-023
Page 2
WHEREAS, Senate Bill 1398 would undermine the intent of comprehensive plans of
municipalities; and
WHEREAS, the City Council of the City of Southlake is of the opinion that Senate
Bill 1398 would substantially limit the ability of municipalities to make land use decisions that
are in the best interest of the health, safety, and welfare of its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
That the City Council hereby opposes the adoption of SB 1398 and any legislation that
would create' a compensable taking in connection with the adoption of legitimate zoning
regulations.
SECTION 2.
That the City Manager is directed to forward a copy of this resolution to our State
representatives and senators opposing the enactment of SB 1398 or any other legislation
creating a compensable taking in connection with the adoption of legitimate zoning regulations.
yx411 [Q MJ
That this resolution shall become effective immediately upon its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE ON THIS / DAY OF , 2001.
SIC '•
0:
ATTEST:
c 0'
Y • .
Aandra. LeGrand
City Secretary
Mayor Rick Stacy