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
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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
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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.