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HomeMy WebLinkAboutOrdinances (O-86-631)-10/15/1986 2 3 4 5 il 6 8 9 10 11 12 13 14 15 16 17 18 1 P~1-~4 1:~f';1J... 7 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: 20 I 21 I I 22 23 24 25 26 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: 1 Ordinance 0-86-631 Page 2 1 I 2 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 15 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. 2 10 11 12 13 ! 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 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. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I : I Ordi nance 0-86-631 . Page 4 I (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.) 4 1 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 Ordinance 0-86-631 Page 5 ATTEST: APPROVED AS TO FORM: ~-y Ross T. {oster City Attorney 5