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HomeMy WebLinkAboutOrdinances (O-09-1711)-03/06/2009 ORDINANCE 0-09-1711 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, ADOPTING THE ROADWAY IMPACT FEES UPDATE STUDY AND AMENDING CHAPTER 13 - IMPACT FEES, TO IMPOSE ROADWAY IMPACT FEES ON NEW DEVELOPMENT; PROVIDING A PENALTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING 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 Roadway Impact Fees Update study dated November 2008, 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 Roadway Impact Fees Update 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 in a newspaper of general circulation in Colleyville 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 the document titled Roadway Impact Fees Update, dated November 2008, and prepared by Kimley-Horn and Associates, is hereby adopted as the study required by Chapter 395 of the Texas Local Government Code for the imposition of impact fees. Sec 2. THAT Chapter 73 -Impact Fees, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A", Sec. 3. THAT Ordinance 0-00-1214 and Ordinance 0-06-1581, of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and Ordinance 0-09-1711 Page 2 of 3 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec 5. 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. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage. Sec. 8. 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. The first reading and public hearing being conducted on the / ~ day of Rho, 2009. The second readin and public hearing being conducted on the ~ ~ day of 2009. ATTEST• C nthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-09-1711 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: ~C~~ ~ • ~, Matthew C. G. Boyle City Attorney Exhibit "A" A. Master Plan -The City of Colleyville, Texas Master Plan, approved by Ordinance 0-04-1483 on October 19, 2004, be and the same is hereby adopted and designated as the Master Plan for the City of Colleyville for impact fees. B. Land Use Assumptions -The land use assumptions used in the development of the impact fees are contained in the document titled Water, Wastewater, and Roadway Impact Fee Update, dated May 2006, prepared by Kimley-Horn and Associates, are adopted for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees and referenced in Exhibit - 13.A -Table of Land Use Assumptions. C. Water and Wastewater Capital Improvements Plans -The document titled Water, Wastewater, and Roadway Impact Fee Update, dated May 2006, prepared by Kimley-Horn and Associates, is adopted as the Water and Wastewater Capital Improvements Plan for the City of Colleyville for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees. D. Roadway Capital Improvements Plan -The document titled Water, Wastewater, and Roadway Impact Fee Update, dated November 2008, and prepared by Kimley-Hom and Associates is adopted as the Roadway Capital Improvements Plan for the City of Colleyville for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees.