HomeMy WebLinkAboutOrdinances (O-90-769)-04/03/1990
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ORDINANCE NO. 0-90-769
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AN ORDINANCE AMENDING SECTION 11 OF CHAPTER 9 OF THE
COLLEYVILLE CODE BY IMPOSING IMPACT FEES, PROVIDING FOR
DEFINITIONS IN RELATIONSHIP TO THE IMPOSITION OF IMPACT FEES,
CONTAINING A POLICY OF THE CITY IN RELATION TO IMPACT FEES,
PROVIDING FOR THE AMOUNT AND ASSESSMENT OF IMPACT FEES,
PROVIDING FOR THE COLLECTION OF IMPACT FEES, RESTRICTING THE
USE OF IMPACT FEES, REQUIRING REFUNDS OF IMPACT FEES,
ESTABLISHING AN ADVISORY COMMITTEE FOR IMPACT FEES, REPEALING
SECTION 1 C OF CHAPTER 11 OF THE COLLEYVILLE CODE, AND
ADOPTING A CAPITAL IMPROVEMENTS PLAN.
the Texas Legislature in its 70th session passed
V.A.T.S. Art. 1269j-4.11, which was codified in
Chapter 395 of the Texas Local Government Code,
pertaining to the imposition of impact fees by
political SUbdivisions; and
on the effective date of Chapter 395 of the Texas
Local Government Code, the City of Colleyville had
in place an Ordinance imposing impact fees; and
it is the desire of the City of colleyville to
amend its impact fee ordinance in accordance with
the provisions of Chapter 395 of the Texas Local
Government Code; and
the City Council of the City of Colleyville
recognizes that all developments within the City
require some contribution or improvement to the
capital improvements within the City; and
the process of determining the amount of credits
that each service unit would be entitled is a
cumbersome and time consuming process; and
the City Council may determine by Resolution
credits applicable to service units upon which a
capital improvement fee may be assessed pursuant to I
the terms of this Ordinance;
OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OLLEYVILLE, TEXAS;
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HEREAS,
EREAS,
EREAS,
EREAS,
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Ordinance 0-90-769
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A.
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B.
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THAT section 11 of Chapter 9 of the Colleyville Code be
amended to read as follows:
"SECTION 11 - IMPACT FEES
Definitions:
(1) "Capital Improvements Plan" means the
Transportation Impact Fee study prepared by
Parsons, Brinkerhoff, Quade and Douglas, Inc.,
dated December, 1987 for roadways and the city of
Colleyville Master Plan, July of 1987, prepared by
Community Land Resources, Inc., for the water
distribution system.
(2) "New Development" means the subdivision of land; or
the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or
enlargement of any structure; or any use or
extension of the use of land; any of which
increases the number of service units.
(3) "Service Unit" means a standardized measure of
consumption, use, generation, or discharge
attributable to an individual unit of development
calculated in accordance with generally accepted
engineering or planning standards for a particular
category of capital improvements or facility
expansions.
Statement of Policy:
It is the policy of the City of Colleyville to impose
upon new development impact fees to pay the costs of
constructing capital improvements or facility expansions
necessary to serve new development. Pursuant to that
policy, the City of Colleyville has adopted a Capital
Improvements Plan, has made Land Use Assumptions and has
commissioned and received from qualified professionals
use estimates, cost estimates, and a determination of
impact fees for water improvements and roadway
facilities in accordance with Chapter 395 of the Texas
Local Government Code. It is the intention of the City
of Colleyville to conform its imposition of impact fees
to the provisions of Chapter 395 of the Texas Local
Government Code and all provisions hereof should be so
interpreted.
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Ordinance 0-90-769
C.
Amount and Assessment of Impact Fees:
(1) The city shall assess all new development a Water
Distribution System Impact Fee and a Roadway
Facility Impact Fee calculated as follows:
(a) Water Distribution System Impact Fee
An amount of $827.00 per each living unit
equivalent (LUE), calculated as follows:
Development Tvpe
LUE Conversion
ingle Family Residence
uplex Residential
ultifamily Residential
on-Residential
1 LUE/Residence
2 LUE/Duplex Building
0.7 LUE/living unit
As per design flow
analysis for water use
prepared and certified by
a registered professional
engineer and as determined
by the size water meter
required and in accord
with the following
schedule:
Meter Size
LUEs
5/8 inch
3/4 inch
1 inch
1 1/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
1.0
1.5
2.5
5.0
8.0
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(b) Roadway Facility Impact Fee:
Service Area 1
(South of S.H. 26)
Service Area 2
(North of S.H. 26)
~esidential (per Unit) $ 2,224 $ 1,818
keavy Commercial/Light $ 18,760 $ 15,330
Industrial (per acre)
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IIndustrial
(per acre) $ 13,400 $ 10,950
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Institutional (per acre) $ 13,400 $ 10,950
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Office (per acre) $ 80,400 $ 65,700
6 Commercial (per acre) $160,800 $131,400
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(2) The City Manager shall assess impact fees on new
development and he shall record his assessment and
file same with the City Secretary. Said assessment
shall contain a total impact fee charge for the
Water Distribution system Impact Fee and for the
Roadway Facility Impact Fee. Additionally, said
assessment shall contain the amount of impact fees
attributable to each service unit within the
development.
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(3) The City Manager shall make his assessment of
impact fees as follows:
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(a) On land platted prior to June 20, 1987,
the impact fee shall be assessed upon the
filing of an application for a building permit
on the property which is the subject of the
application.
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(b) On land platted subsequent to June 20, 1987,
but prior to the effective date of this
Ordinance, the property shall be deemed to be
assessed in accordance with the terms of
section 11 of Chapter 9 of the Colleyville
Code, and section 1 C of Chapter 11 of the
Colleyville Code, as were in effect on the
date of approval of the subdivision plat by
the City.
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(c) On land platted subsequent to June 20, 1987
and after the effective date of this
Ordinance, the impact fees shall be assessed
at the time of approval of the subdivision
plat.
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(4) Increase of Assessment.
The assessed impact fee on new development shall
not be increased unless the number of service units
to be developed on such tract increases. In the
event of an increase in the number of service
units, the additional impact fees to be imposed
shall be limited to the amount attributable to the
additional service units.
(5) Credit for Off site Improvements.
(a) Any construction of, contributions to, or
dedications of off site roadway facilities
agreed to or required by the City as a
condition of development approval shall be
credited against Roadway Facility Impact Fees
otherwise due from such development.
(b) In addition to credits for construction of,
contributions to or dedication of off site
roadway facilities, the Council may grant
credits for construction of, contributions to
or dedications of off site water facilities,
provided, said construction is a condition of
development approval and said credit shall be
credited against the Water Distribution System
Impact Fee.
(c) Any reference to the term "Credit" hereunder
shall be construed to apply for all impact
fees assessed under Section C.(3) (a), Section
C. (3) (b) or section C. (3) (c) .
(6) Alternative Credit Procedures
The owner, in lieu of credits provided for in
part (5) (a) above, may, at his option, receive
credits provided for in the Alternative Credit
Procedure, which is appended hereto and
incorporated herein for all purposes.
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Ordinance 0-90-769
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(7) In addition to, and without changing the operation
of, or effect of any portion of section 5.a.
hereinabove, if section C.(6) above, all, or any
part of Alternative Credit Procedure is declared
invalid, illegal, or unenforceable or is pre-empted
for any reason, in whole or in part, or in certain
circumstances, all remaining portions of this
Ordinance , including the credit procedure set
forth in section C.(5) shall not become inoperative
or fail by any reason of any unconstitutionality,
illegality, or invalidity.
(8) Appeal of Assessment.
Upon the written application of an owner of
property upon which impact fees were assessed, the
City Council shall consider said assessment and
shall increase or reduce same where necessary to
conform to Chapter 395 of the Texas Local
Government Code.
D.
Collection of Impact Fees.
(1) All impact fees attributable to a service unit
shall be collected upon the application for the
issuance of a building permit on said service unit.
The payment of the applicable impact fees shall be
a condition of the issuance of the building permit
on the service unit.
(2) By agreement approved by the City Council, the City
may alter the time and method of payment of impact
fees.
E.
Use of Impact Fees.
(1) All funds collected as impact fees shall be
deposited in interest bearing accounts clearly
identifying the category of capital improvements or
facility expansions and the service area for which
the fee was adopted and collected. Interest earned
on impact fees shall be considered funds of the
account on which it is earned and shall be subject
to all restrictions placed upon the use of impact
fees.
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Ordinance 0-90-769
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(2) Expenditures of impact fee funds shall be made only
for the purpose for which the impact fee was
imposed as show by the Capital Improvements Plan of
the city.
(3) The records of the accounts into which the impact
fees are deposited shall be open for public
inspection and copying during ordinary business
hours.
F.
Refunds.
(1) Upon the request of an owner of the property on
which an impact fee has been paid, the City shall
refund the impact fees paid if the existing
facilities are available and the service is denied,
or the City has, after collecting the fee when
service was not available, failed to commence
construction within two years or service is not
available within a reasonable period of time
considering the type of capital improvement or
facility expansion to be constructed, but in no
event later than five years from the date of
payment.
(2) Upon completion of the capital improvements or
facility expansions identified in the Capital
Improvements Plan, the City shall recalculate the
impact fee using the actual cost of the capital
improvements or facility expansion. If the impact
fee calculated based upon actual cost is less than
the impact fee paid, the City shall refund the
difference if the difference exceeds the impact fee
paid by more than 10%.
(3) The City shall refund any impact fee or portion
thereof which is not expended as authorized within
10 years from the date of payment.
(4) Any refund shall bear interest calculated from the
date of collection to the date of refund at the
statutory rate as set forth in Article 1.03, Title
79, Revised statutes, or its successor statute.
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(5) All refunds shall be paid to the record owner of
the property at the time the refund is paid;
provided, however, if the impact fees were paid by
another political subdivision or governmental
entity, the refund shall be paid to such political
subdivision or governmental entity.
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G. Advisory Committee.
(1) The City Council shall appoint an Advisory
Committee of the City. The Advisory Committee
shall be composed of not less than five (5)
members. Not less than 40% of the membership of
the Advisory Committee shall be representatives of
the real estate, development, or building
industries who are not employees or officials of a
political subdivision or governmental entity.
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Sec. 2: THAT Section 1 C entitled Water Distribution System
12 capital Improvement Fee, be and the same is hereby
repealed.
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ec. 3: THAT the City of Colleyville, Transportation Impact Fee
study prepared by Parsons, Brinckerhoff, Quad and
Douglas, Inc., dated December, 1987, is hereby adopted
as the Roadway Facility Capital Improvements Plan for
the City of Colleyville, and that the City of
Colleyville, Master Plan, July of 1987, prepared by
Community Land Resources, Inc., be and the same is
hereby adopted as the Capital Improvements Plan of the
City of Colleyville for the water distribution system.
ec. 4: The City shall, within 12 months following the effective
date of this Ordinance, complete a review and assessment
of the current land use assumptions and Capital
Improvement Plan of the City.
ec. 5: If any provision, section, sentence or clause or phrase
of this ordinance, or the application of same to any
person or set of circumstances is for any reason held to
be unconstitutional, void, invalid, or for any reason
unenforceable, the validity of the remaining portions of
this ordinance or its application to other person or
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sets of circumstances shall not be affected thereby, it
being the intent of the City Council of the City of
Colleyville in adopting this ordinance that no portion
hereof nor provision or regulation contained herein
become inoperative or fail by reason of any
unconstitutionality or invalidity or any other portion
or regulation.
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lAND IT IS SO ORDERED
The fit~rea~~~go~nd PU~n~g being ~o~~~~~ed on the
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The sec~d reading and pu~c ~ing being conducted on the
d.. '71". ( day of v.. ~ , 1990.
IThe thil7ld
;;} ('dil
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reading and pu~ic ~e~ing being conducted on the
day of ~~ , 1990.
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CITY OF COLLEYVILLE
~4rr~~4-o/
C rl.S Haw n
Mayor
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LaVada Johnson
16 City Secretary
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APPROVED AS TO FORM AND LEGALITY:
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I'City
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'I Ordi nance 0-90-769
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ection 1:
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6 ection 2 :
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section 4:
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11 section 5:
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13 section 6:
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15 section 7:
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ALTERNATIVE CREDIT PROCEDURE
the City has by Ordinance provided for the
establishment and assessment of impact fees; and
the Ordinance imposing impact fees provides for
credits against roadway facility impact fees for
off-site improvements required by the City as a
condition of development; and
the City requires off-site improvements for new
developments; and
the City has investigated and determined the
typical credit which generally would be available
to each type of new development; and
the calculation of credits available to each new
development at the time of the assessment of the
impact fee would be a difficult and time consuming
process for the developer; and
the Ordinance imposing impact fees provides that
the Council, by Resolution, may establish a credit
schedule which may be accepted by the owner of the
property;
the following is hereby established as a schedule
of credits which may be elected in the alternative
pursuant to the provisions of Section 1. C. (5) (b)
of Chapter 11 of the Colleyville Code:
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Ordinance 0-90-769
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3 Roadway Facility Impact Fee Credits
4 Service Area 1 Service Area 2
(South of S.H. 26) (North of S. H. 26)
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6 Residential/per unit
(where said residential
development does not
7 abutt a street provided
for in the Capital
8 Improvements Plan of
the City which has been
9 constructed in accordance
with the Capital
10 Improvement Plan.) $ 959 $ 553
11 Residential/per unit
(where said residential
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street provided for in
13 the City's Capital
Improvements Plan which
has been constructed in
14 accordance with the
Capital Improvements
15 Plan. ) -0- -0-
16 Heavy Commercial/Light $ 16,230 $ 12,800
Industrial (per acre)
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18 IIndustrial (per acre) $ 10,870 $ 8,420
19 IInstitutional - other than
rubliC schools and churches
20 (per acre) $ 10,870 $ 8,420
21 jlnstitutional - non-profit,
private schools and public
22 schools and churches
(per acre) $ 13,400 $ 10,950
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24 ffice (per acre) $ 77,870 $ 63,170
25 ommercial (per acre) $158,270 $128,870
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Ordinance 0-90-769
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WATER FACILITY IMPACT FEE, CREDITS
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Residential/per unit
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Sprinkler systems in public
right of way maintained by
Homeowner's Associations or
other similiar non-profit
organizations
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$206.00 per LUE
100% of Assessed Fee
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