HomeMy WebLinkAboutOrdinances (O-86-631)-10/15/1986
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ORDINANCE NO. 0-86-631/ II-{r-'f~
AN ORDINANCE AMENDING SEC'rION II OF CHAPTER 9 OF THE ~
COLLEYVILLE CODE BY ADOPTING A MASTER THOROUGHFARE PLAN;
PROVIDING FOR A ROADWAY CAPITAL IMPROVEMENT FEE; ESTABLISHING
THE AMOUNT OF THE ROADWAY CAPITAL IMPROVEMENT FEE; REQUIRING
THE DEPOSIT OF ROADWAY CAPITAL IMPROVEMENT FEES INTO A SPECIAL
ACCOUNT; LIMITING THE AMOUNT ~~D NATURE OF PROJECTS FOR WHICH
ROADWAY CAPITAL IMPROVEMENTS FEES MAY BE UTILIZED; PROVIDING A
PROCEDURE FOR ADJUSfJ:'MENT OF THE ROADWAY CAPITAL IMPROVEMENT
FEE; PROVIDING FOR REVIEW OF THE CAPITAL IMPROVEMENT FEE;
PROVIDING THAT THE PROVISIONS OF THE ORDINANCE ARE SEVERABLE.
WHEREAS, the roadways within the city are currently in need of
improvement; and
WHEREAS, substantial construction and improvement of roadways
will be required as the City develops; and
WHEREAS, the roadway system and improvements which are
necessary to serve the city in a fully developed
state vary substantially from the roadway
construction and improvements which are required to
serve the current city population; and
WHEREAS, the City Council has determined and finds that there
is a direct relationship between new developments and
the additional cost of roadway construction
improvements contemplated by the Master Thoroughfare
Plan; and
WHEREAS, the City Council finds that it is fair and equitable
that the additional cost of the roadway system over
and above that necessary to serve the current
residents of the city should be borne, pro-rata,
among the new developments added to the city by
development; and NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE;
19 TEXAS:
I Sec. 1:
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THAT the City Council hereby promulgates and adopts a
Master Thoroughfare System Plan and incorporates the
same herein by reference. Said Master Thoroughfare
System Plan shall be filed and maintained in the
office of the City Secretary.
THAT Section II of Chapter 9 of the Co1leyvi11e Code
be amended to read as follows:
Sec. 2:
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Ordinance 0-86-631
Page 2
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SECTION ll: MAJOR THOROUGHFARE 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 major
thoroughfare 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 $2.527 for each living unit equivalent
(LUE) determined for the major thoroughfare system capital
improvement fee and as calculated for the application and as
defined as follows:
Development Type
Single Family Residence
Duplex Residential
MUlti-family Residential
Non-Residential
LUE Conversion
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
5/8 inch
3/4 inch
I inch
1-1/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
LUEs
1.0
1.5
2.5
5.0
8.0
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25
80
140
B. All major thoroughfare 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 major thoroughfare system capital
improvement fee fund except for improvements to the City's
major thoroughfare system, to retire bonds issued to pay for
future improvements to the City's major thoroughfare 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 major thoroughfare system capital
improvement fee.
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I Ordinance 0-86-631
Page 3
C. Adjustment Procedure.
(1) If, as a result of the prov1s1ons of the City's
ordinances governing the development of subdivisions,
an owner is required to install streets contained in
the Master Thoroughfare system Plan. Then the owner
may apply to the City for an adjustment of the Master
Thoroughfare 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 street or
the City approves the plat of the owner's
subdivision, which ever occurs later.
(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 Master Thoroughfare System
Plan 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 Master
Thoroughfare System Capital Improvement Fee provided
for in Part A hereof, and resulting sum shall be the
Master Thoroughfare system Capital Improvement Fee
for each LUE in the subdivision.
(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 IO
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 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.
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: I Ordi nance 0-86-631
. Page 4
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(4) In the event an owner of property within the
city becomes subject to the payment of a Master
Thoroughfare System Capital Improvement Fee as a
result of the passage of this ordinance, owner shall
have the right to apply for an adjustment of the
Master Thoroughfare System 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.
Sec. 4:
The City council shall review no less often than
annually the Master Thoroughfare System Capital
Improvement Fee established herein and adjust same
where necessary.
Sec. 5:
If any prOV1S1on, 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.
CITY OF COLLEYVILLE
BY:~
t/J. R. Hu bard, Mayor
(Signed 11-19-86 at 2:00 p.m.)
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Ordinance 0-86-631
Page 5
ATTEST:
APPROVED AS TO FORM:
~-y
Ross T. {oster
City Attorney
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