HomeMy WebLinkAboutOrdinances (O-99-1199)-12/21/1999ORDINANCE 0-99-1199
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
ORDINANCE 0-95-1004, THE WATER, WASTEWATER AND ROADWAY
IMPACT FEE ORDINANCE, BY APPROVING AND ADOPTING A NEW
CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER
IMPROVEMENTS; PROVIDING FOR AND IMPOSING NEW WATER AND
WASTEWATER IMPACT FEES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND AUTHORI2ING PUBLICATION.
WHEREAS, Chapter 395, as amended, of the Texas Local Government Code
provides procedures for municipalities to enact and amend impact
fees; and
WHEREAS, the City of Colleyville Capital Improvements Advisory Committee
has reviewed the Water and Wastewater System Capital
Improvements Plan and Impact Fee Update study, dated March,
1999, prepared for the City of Colleyville by the engineering
consulting firm of Kimley-Horn and Associates, Inc. of Fort Worth,
Texas; and
WHEREAS, the City Council has reviewed the Water and Wastewater System
Capital Improvements Plan and adopted an order setting a public
hearing date to discuss adoption of said document and imposition
of impact fees as required by the Texas Local Government Code;
and
WHEREAS, notice of a public hearing before the City Council was published
three times in a newspaper of general circulation irx-Golleyville in
accordance with the publication requirements of Chapter 395,
Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec 1. THAT Exhibit A, Service Area Map, of Ordinance 0-95-1004 remains
unchanged.
Sec 2. THAT Exhibit B, Land Use Assumptions, of Ordinance 0-95-1004 is
hereby amended to incorporate the Land Use Assumptions
contained in Resolution R-98-1408.
Sec 3. THAT Exhibit C, Schedule of Maximum Impact Fees, of Ordinance
0-95-1004 is hereby amended as it relates to Water and Wastewater
Impact Fees by incorporating the table of Maximum Allowable Water
Ord. 0-99-7199
Page 2 of 4
and Wastewater Impact Fees shown on the attached Exhibit "1" of
this ordinance.
Sec 4. THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004 is hereby amended as it relates to Water
and Wastewater Impact Fees by establishing the actual assessment
rate as follows:
A. The actual Water Impact Fee Collection Rate shall be 82% of the
maximum allowed by this ordinance.
B. The actual Wastewater Impact Fee Collection Rate shall be 100%
of the maximum allowed by this ordinance.
Sec 5. THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004 is hereby amended as it relates to Water
and Wastewater Impact Fees by incorporating the table of Actual
Water and Wastewater Impact Fees to be Collected shown on the
attached Exhibit "1" of this ordinance.
Sec 6. THAT Exhibit E, Water Improvements Plan, of Ordinance 0-95-1004,
is hereby amended and the document "Water and Wastewater
System Capital Improvements Plan and Impact Fee Update" dated
March, 1999, is hereby adopted as the official study required by
Chapter 395 of the Texas Local Government Code for adoption of
water impact fees.
Sec 7. THAT Exhibit E, Wastewater Improvements Plan, of Ordinance O-
95-1004, is hereby amended and the document "Water and
Wastewater System Capital Improvements Plan and Impact Fee
Update" dated March, 1999, is hereby adopted as the official study
required by Chapter 395 of the Texas Local Government Code for
adoption of wastewater impact fees.
Sec 8. THAT Ordinance 0-95-1004 as it relates to Roadway Impact Fees
shall remain in place, except where amended by this ordinance.
Sec 9. 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 sha�l be declared
unconstitutional by the valid judgement 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.
z
Ord. 0-99-1199
Page 3 of 4
Sec 10. 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.
Sec 11. 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.
AND IT IS SO ORDERED.
1�he fir t reading and public hearing being conducted on the 21'+ day of
Q�, 1999.
�T�e secon�d reading and public hearing being conducted on the � day of
�QllQ�[,2000. TABLED BY CITY COUNCIL AT SECOND READING. APPROVED BY
� CITY COUNCIL ON 1/18/00.
A'f} EST: CITY OF COLLEYVILLE•
���� �y
n Harris, CMC
Secretary
�/Y`�!'
Donna Arp
Mayor
VED TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
3
Ord. 0-99-1199
Page 4 of 4
Exhibit "1"