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