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HomeMy WebLinkAboutOrdinances (O-04-1453)-03/16/2004 ORDINANCE 0-04-1453 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 13 - IMPACT FEES OF THE LAND DEVELOPMENT CODE, AS AMENDED, BY PROVIDING AN EXEMPTION FOR PAYMENT OF A WATER IMPACT FEE FOR CERTAIN RESIDENTIAL LAWN IRRIGATION METERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Colleyville desires to amend Chapter 13 - Impact Fees of the Land Development Code, as amended, to provide an exemption for the payment of a water impact fee for certain residential lawn irrigation meters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 13 - Impact Fees of the Colleyville Land Development Code is hereby amended to insert a new Section 13.260 entitled Residential Irrigation Meter Exemption, which shall read as follows: 13.26.D RESIDENTIAL IRRIGATION METER EXEMPTION 1. The payment of the water impact fee shall not be required by an existing residential customer for the installation of a meter to serve a separate lawn irrigation system provided all of the following requirements are met: a. the lawn irrigation meter does not exceed the %x%" standard basic meter size, b. the lawn irrigation shall be located on the same property as the residential meter, c. the residential property must be owner-occupied and be in possession of a valid certificate of occupancy, and d. the lawn irrigation meter only serves the lawn irrigation system. 2. The upgrade of a %x%" lawn irrigation meter to a 1" meter shall require payment of a water impact fee based on the difference between the base meter size and the water impact fee for a 1" meter applicable at the time of upgrade. 3. No exemption or pro-rata credit shall apply for any meter size exceeding 1" for a lawn irrigation meter. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1453 Page 2 of 2 THAT the Land Development Code shall remain in full force and effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. first rea ing and public hearing being conducted on the ~ ~day of 2004. The second reading and public hearing being conducted on the /?~ day of ~a....t.e>) 2004. ~~ ~ Cynthia Singleton, TR City Secretary ~. ._l~S TO FORM AND LEGALITY: ?W.10ster City Attorney