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HomeMy WebLinkAboutOrdinances (O-87-643)-04/06/1987 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ~d~J~~' (/ 6, 2 ORDINANCE NO. 0-87 -643 3 AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 11 OF THE COLLEYVILLE CODE PROVIDING THERETO A PROVISION PROVIDING FOR THE VARIANCE OF THE ADJUSTMENT PROCEDURE PERTAINING TO CAPITAL IMPROVEMENT FEES FOR THE WATER DISTRIBUTION SYSTEM, AMENDING SECTION 11 OF CHAPTER 9 OF THE COLLEYVILLE CODE PROVIDING THERETO A PROVISION PROVIDING FOR THE VARIANCE OF THE ADJUSTMENT PROCEDURE FOR THE CAPITAL IMPROVEMENT FEE PERTAINING TO THE THOROUGHFARE SYSTEM OF THE CITY; PROVIDING THAT THE PROVISIONS OF THE ORDINANCE ARE SEVERABLE. . 4 5 I 6 7 WHEREAS, the City of Colleyville has recently adopted captial 8 improvement fees dealing with the water distribution system and the thoroughfare system of the City and, 9 WHEREAS, it is the desire of the City Council of the City of Colleyville, to apply said capital recovery fees in an equitable manner without discrimination, and WHEREAS, the City Council wishes to adopt a procedure which allows modification of the adjustment procedure under the capital improvement fee; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1: THAT Section 1 of Chapter 11 of the Colleyville Code be amended by adding thereto a Part B(2). Providing as follows: "B2. Alteration of Adjustment Procedure. Upon written application of an owner of property within the City subject to a capital improvement fee under Section 1 Part Bl of this Chapter, the City Council may make such modifications and alterations in the adjustment procedure as adopted in section 1 Part Bl(c) of this Chapter as are necessary under the circumstances to insure the capital recovery fee imposed is equitable, non-discriminatory and directly related to the impact of the development of the owners property upon the water distribution system of the city." Sec. 2: THAT Section 11 of Chapter 9 of the Colleyville Code be amended providing thereto Part D providing as follows: 1 15 16 17 18 19 20 21 22 23 24 25 26 (- 1 2 3 "D. Alteration of Adjustment Procedure. Upon written application of an owner of the property within the city subject to a capital improvement fee under section 11 of this Chapter, the City Council may make such modifications and alterations in the adjustment procedure as adopted in Part C of section 11 of this Chapter as are necessary under the circumstances to insure the capital recovery fee imposed is equitable, non- discriminatory and directly related to the impact of the development upon the major thoroughfare system of the City." 4 5 6 7 8 IF any provision, section, sentence, 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 persons or 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 the provision or regulation contained herein become inoperative or fail by reason of any unconstitutionality or invalidity of any other provision or regulation." Sec. 3: 9 10 11 12 13 14 AND IT IS SO ORDAINED. The f~rst reading an~ ;lub~iq~earing being conducted on the /)."1/1 day of ~/c:,- , 1987. The s~ond reading nd pu ic hearing being conducted on the /6 .,.~ day of , 1987. The~hird reading~n~ p~lic hearing being conducted on the {p+( day of ~ ' 1987. CITY OF COLLEYVILLE # ~~t~~ ~. R. Hubbard, Mayor ~: 2(~ Ross T. Foster City Attorney 2