HomeMy WebLinkAboutOrdinances (O-86-630)-11/15/1986
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0-86-630/
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1 OF CHAPTER II OF THE
COLLEYVILLE CODE BY ADDING THERETO A PROVISION PROVIDING FOR A
WATER DISTRIBUTION SYSTEM CAPITAL IMPROVEMENT FEE; ADOPTING A
WATER DISTRIBUTION SYSTEM MASTER PLAN, ESTABLISHING A WATER
DISTRIBUTION SYSTEM CAPITAL IMPROVEMENT FEE TO BE CHARGED UPON
THE ISSUANCE OF BUILDING PERMITS; REQUIRING A DEPOSIT OF WATER
DISTRIBUTION SYSTEM CAPITAL IMPROVEMENTS FEES IN A SPECIAL
LIMITED USE ACCOUNT; PROVIDING FOR A PROCEDURE DETERMINING
ADJUSTMENTS OF THE WATER DISTRIBUTION SYSTEM CAPITAL
IMPROVEMENT FEE; AMENDING SECTION 6 OF THE COLLEYVILLE WATER
AND SEWER POLICY AND PROCEDURE MANUAL PART A BY DELETING THE
REQUIREMENT FOR THE PAYMENT OF MUNICIPAL UTILITY SERVICE
CHARGES; PROVIDING FOR REVIEW OF THE CAPITAL IMPROVEMENT FEE;
PROVIDING THAT THE PROVISIONS OF THE ORDINANCE ARE SEVERABLE.
WHEREAS, new developments within the city are causing
substantial impact and stress upon the city's water
distribution system; and
WHEREAS, the current water distribution system improvements
within the city are adequate to service the current
water distribution service customers of the city; and
WHEREAS, the City Council has determined and found the nature
and type water improvement required to service all
customers in its completely developed state, and has
designated such finding as the Master Water
Distribution System Plan; and
WHEREAS, the City Council has determined and finds that there
is a direct relationship between new development and
the adequacy of the city'S water distribution system;
and
WHEREAS, the City Council finds that it is fair and equitable
that the costs of the additional improvements to the
city's water distribution system should be born, pro-
rata, among the new deve10ments added to the city;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
21 TEXAS:
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Sec. I:
THAT the city council hereby promulgates and adopts a
Master Water Distribution System Plan and
incorporates the same herein by reference. Said
Master Water Distribution System Plan shall be filed
and maintained in the office of the City Secretary.
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I Ordi nance 0-86-630
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THAT Section I of Chapter 11 of the Co1leyville Code
be amended by adding thereto part B.I. providing as
follows:
B.I. WATER DISTRIBUTION SYSTEM CAPITAL IMPROVEMENT
FEE
(a) Prior to and as a condition of the issuance of a
building permit, the applicant shall pay to the city
a water distribution system capital improvement fee,
which is in addition to and not in lieu of any other
fee established by the City, in the amount of $827
for each living unit equivalent (LUE) as calculated
for the application and as defined as follows:
Development Type
LUE Conversion
Single Family Residence
Duplex Residential
MUlti-family Residential
Non-Residential
I LUE/Residence
2 LUE/Duplex Building
0.7 LUE/living unit
As per design flow
analysis for water use
prepared and certified
by a registered
professional engineer
and as determined by
the size water meter
required and in accord-
with the following
schedule:
Meter Size
LUEs
5/8 inch
3/4 inch
I inch
1-1/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
1.0
1.5
2.5
5.0
8.0
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80
140
All water distribution system capital improvement
fees collected shall be deposited by the City in a
separate account within the City's fund of accounts.
No expenditure shall be made from the City's water
distribution system capital improvement fee fund
except for improvements to the City's water
distribution system, to retire bonds issued to pay
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Ordinance 0-86-630
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for future improvements to the City's water
distribution system, or to update the City's
Comprehensive Plan or Capital Improvements Program or
to conduct other planning or engineering studies or
to pay legal fees necessary to maintain an accurate
and current basis for the amount of the water
distribution system capital improvement fee.
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(c) Adjustment Procedure.
(I) If, as a result of the provisions of the City's
ordinances governing the development of subdivisions,
an owner is required to install water distribution
lines contained in the Master Water Distribution
System. Then the owner may apply to the City for
an adjustment of the Water Distribution System
capital Improvement Fee. Said application shall
be in writing and contain such information as
shall be designated by the City from time to time.
The owner may submit with the application such
other additional information as the owner deems
relevant. Said application must be filed with
the office of the city secretary within 20 days
of the date the City accepts the required water
distribution line or the City approves the plat
of the owner's subdivision, which ever occurs
later.
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(2) Upon the filing of an application for adjustment,
the City Manager or his designee shall first
determine the amount of costs which the City
will not bear in completing its Water Distribution
System as a result of the required improvements
installed by the owner. The aforesaid cost shall
then be divided by the number of LUE's in the
subdivision as determined from the filed plat
thereof. The number arrived at as a result of
said division shall then be subtracted from the
Water Distribution System Capital Improvement
Fee provided for in Part (a) hereof, and resulting
sum shall be the Water Distribution System Capital
Improvement Fee for each LUE in the subdivision.
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(3) The City Manager or his designee shall advise
the owner in writing of his determination of
adjustment. The owner shall have the right to
appeal the determination to the City Council by
filing notice of appeal in the office of the city
secretary within 10 days of the aforesaid
determination. Upon appeal, the City Council shall
review the application and such other written
information as supplied by the owner with the
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application and make a determination of the
adjustment, if any, under the formula specified in
Part (2) hereof. The decision of the City Council
shall be final.
(4) In the event an owner of property within the
City becomes subject to the payment of a Water
Distribution capital Improvement Fee as a result of
the passage of this ordinance, owner shall have the
right to apply for an adjustment of the Water
Distribution Capital Improvement Fee pursuant to the
terms hereof, within 60 days after the effective date
of this ordinance, notwithstanding that more than 20
days have expired since the acceptance by the City of
the required improvement and approval of the plat of
the subdivision.
THAT section 6 part A(3) of the water and sewer
distribution policy and procedural manual be deleted
and that the remaining sections of section A after
said deletion be numbered consecutively.
The City Council shall review no less often than
annually the Water Distribution Capital Improvement
Fee established herein and adjust same where
necessary.
If any provision, section, sentence or 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
provision or regulation contained herein become
inoperative or fail by reason of any
unconstitutionality or invalidity or any other
portion or regulation.
AND IT IS SO ORDAINED.
The first reading and public hearing being conducted on the
2nd day of September , 1986.
The second reading and public hearing being conducted on the
15th day of September , 1986.
The third reading and public hearing being conducted on the
15th day of October , 1986. TABLED
Amended and voted on the 17th day of November, 1986.
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I Ordinance 0-86-630
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ATTg;j
dAda~o~
city Secretary
APPROVED AS TO FORM AND LEGALITY:
~ 71J;-
Ross T. Foster
city Attorney
CITY OF COLLEYVILLE
BY:
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