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HomeMy WebLinkAboutOrdinances (O-22-2225)-Withdrawn-10/18/2022 WITHDRAWN ORDINANCE O-22-2225 AMENDING CHAPTER 2, ARTICLE II OF THE CODE OF ORDINANCES TO PROVIDE FOR ADOPTION OF A GENERAL FUND CAPITAL IMPROVEMENT FEE; PROVIDING FOR A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