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