HomeMy WebLinkAboutOrdinances (O-22-2225)-Withdrawn-10/18/2022
WITHDRAWN
ORDINANCE O-22-2225
AMENDING CHAPTER 2, ARTICLE II OF THE CODE OF ORDINANCES TO
PROVIDE FOR ADOPTION OF A GENERAL FUND CAPITAL
IMPROVEMENT FEE; PROVIDING FOR A MINIMUM FUND BALANCE;
PROVIDING FOR REVIEW UPON REACHING A MAXIMUM FUND
BALANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council has adopted a Capital Improvement Plan (CIP)
that sets forth the City’s desire to provide and maintain high
quality public facilities and infrastructure for the City’s residents;
and
WHEREAS, the City Council finds the labor and materials costs to provide
and maintain the City’s public facilities and infrastructure has
increased significantly over the past few years due to various
factors, including unforeseen global events and market conditions;
and
WHEREAS, the City Council appointed an Ad Hoc General Fund CIP Fee
Advisory Committee (the “Committee”) in the fall of 2021 to
assess the anticipated public costs that will allow the City to
continue to provide and maintain the City’s public facilities and
infrastructure in conformance with the adopted CIP; and
WHEREAS, the Committee recommended that the City Council adopt a
general fund capital improvement plan fee (herein the “CIP Fee”)
to provide a limited amount of additional funding to ensure the
City is able to administer the City’s capital projects in
conformance with the CIP; and
WHEREAS, the Committee’s recommendations included a required minimum
balance of $3,000,000 in the City’s General Capital Improvement
Plan Fund (the “Fund”), which will continue to be used to
administer and execute the capital projects necessary to
continue to provide high quality public facilities and
infrastructure in conformance with the adopted CIP; and
WHEREAS, the City Council desires to accept the Committee’s
recommendations for the Fund and authorize the CIP Fee, which
will initially be charged to residents on a monthly basis in
conformance with the provisions of this Ordinance; and
Ordinance O-22-2225
Page 2 of 4
WHEREAS, the City Council further finds that the CIP Fee established by this
Ordinance is intended to provide only for those anticipated costs
and expenses reasonably necessary to carry out the purposes
set forth herein and therefore establishes a maximum fund
balance equal to 125% of the five-year rolling average fund
balance (the “Maximum Fund Balance”); and
WHEREAS, the City Council will review this Ordinance and the need to
continue, amend or terminate the CIP Fee when the fund reaches
the Maximum Fund Balance; and
WHEREAS, the City Council determines that the passage of this Ordinance
is in the best interests of the health, safety and welfare of the
residents of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 2, Article II, Section 2-26 (Fees and Charges for
City Services) of the Code of Ordinances be, and the same is
hereby, amended to add a new subsection (r), which shall read
as follows:
“…(r) General Fund Capital Improvement Plan Fee.
A General Fund Capital Improvement Program Fee in the
amount of $2.00 per month shall be charged to each water
customer within the corporate limits of the City of Colleyville
and deposited in the City’s General Fund Capital Improvement
Plan account. The fee will be included as a separate line item
on the customer’s monthly water bill.
The City Council shall review the fee each fiscal year and may
amend this fee by resolution of the City Council.
In the event the balance of the City’s general fund capital
improvement plan account exceeds 125% of the five-year
rolling average account balance, the City Council will review the
fee imposed by this section and shall take action as it deems
reasonably necessary to continue, amend or terminate the fee
effective October 1st of the next fiscal year.
…”
Ordinance O-22-2225
Page 3 of 4
Sec. 2.
THAT the City Council will review this Ordinance and the need
to continue, amend or terminate the CIP Fee when the fund
reaches the Maximum Fund Balance defined herein.
Sec. 3. THAT all provisions of the Code of Ordinances of the City of
Colleyville, Texas, in conflict with the provisions of this
ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 5. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of October
2022.
The second reading and public hearing being conducted on the 18th day of
October 2022.
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 18TH
DAY OF OCTOBER 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Ordinance O-22-2225
Page 4 of 4
Whitt Wyatt
City Attorney