HomeMy WebLinkAboutOrdinances (O-00-1213)-04/14/2000
ORDINANCE 0-00-1213
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
ORDINANCE 0-95-1004, AS AMENDED, THE WATER, WASTEWATER AND
ROADWAY IMPACT FEE ORDINANCE, BY APPROVING AND ADOPTING A
NEW CAPITAL IMPROVEMENTS PLAN FOR ROADWAY IMPROVEMENTS;
PROVIDING FOR AND IMPOSING A NEW ROADWAY IMPACT FEE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND AUTHORIZING PUBLICATION.
WHEREAS, Chapter 395, as amended, of the Texas Local Government Code
provides procedures for municipalities to enact and amend impact
fees; and
WHEREAS, the City of Colleyville Capital Improvements Advisory Committee
has reviewed the Roadway Capital Improvements Plan and Impact
Fee Update study dated March, 2000, prepared for the City of
Colleyville by the engineering consulting firm of Kimley-Horn and
Associates, Inc. of Fort Worth, Texas; and
WHEREAS, the City Council has reviewed the Roadway Capital Improvements
Plan and adopted an order setting a public hearing date to discuss
adoption of said document and imposition of impact fees as
required by the Texas Local Government Code; and
WHEREAS, notice of a public hearing before the City Council was published
three times in a newspaper of general circulation in Colleyville in
accordance with the publication requirements of Chapter 395,
Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec 1.
THAT Exhibit A, Service Area Map, of Ordinance 0-95-1004, as
amended, remains unchanged.
Sec2.
THAT Exhibit B, Land Use Assumptions, of Ordinance 0-95-1004, as
amended, is hereby amended to incorporate the Land Use
Assumptions contained in Resolution R-98-1408.
Sec 3.
THAT Exhibit C, Schedule of Maximum Impact Fees, of Ordinance
0-95-1004, as amended, is hereby amended as it relates to
Roadway Impact Fees by incorporating the table of Maximum
Allowable Roadway Impact Fees shown on the attached Exhibit "1"
of this ordinance.
Sec4.
Sec 5.
Sec6.
Sec 7.
Sec8.
Ord.0-00-1213
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THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004, as amended, is hereby amended as it
relates to Roadway Impact Fees by establishing the actual
assessment rate as follows:
A. Service Area 1: The actual Roadway Impact Fee Collection Rate
shall be 100% of the maximum allowed by this ordinance.
B. Service Area 2: The actual Roadway Impact Fee Collection Rate
shall be 100% of the maximum allowed by this ordinance.
THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004, as amended, is hereby amended as it
relates to Roadway Impact Fees by incorporating the table of Actual
Roadway Impact Fees to be Collected shown on the attached Exhibit
"1" of this ordinance.
THAT Exhibit G, Roadway Improvements Plan, of Ordinance 0-95-
1004, as amended, is hereby amended and the document "Roadway
Capital Improvements Plan and Impact Fee Update" dated March,
2000, is hereby adopted as the official study required by Chapter 395
of the Texas Local Government Code for adoption of roadway impact
fees.
THAT Paragraph G, Section 1.18, Refunds, of Ordinance 0-95-1004,
as amended, shall be amended to read as follows:
G. The City shall rebate the roadway impact fees to the owner on
which a building permit has been issued, for which such permit
has expired without construction.
THAT Section 1.18, Refunds, of Ordinance 0-95-1004, as amended,
shall be amended to insert the following new paragraph:
H. The City may rebate seventy-five percent (75%) of the roadway
impact fees collected for a new commercial or industrial structure
upon request of the property owner after a certificate of
occupancy has been issued, and provided that more than fifty
percent (50%) of the structure for which the certificate of
occupancy has been issued will be utilized by a commercial or
industrial business that generates city sales tax revenues.
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Sec 9.
Sec 10.
Sec 11 .
Sec 12.
Sec 13.
Ord. 0-00-1213
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THAT Section 1.23, Exemption, of Ordinance 0-95-1004, as
amended, shall be amended to read as follows:
Section 1 .23 Exemption
When a building permit application for a new commercial or
industrial development is accompanied with adequate
documentation, such as an executed contract, to verify that 50%
of the proposed floor space will generate city sales tax revenues,
such new development shall be exempt from the payment of
seventy-five percent (75%) of the roadway impact fee.
THAT Ordinance 0-95-1004, as amended, as it relates to Water and
Wastewater Impact Fees shall remain in place, except where
amended by this ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
Tl'F fir~t reading and public hearing being conducted on the 21.s} day of
ML1t:tL,2000.
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Ord.0-00-1213
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The sefond reading and public hearing being conducted on the 4- 1:6 day of
IJ {)fI _ ,2000.
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ATTEST:
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City Secretary
CITY OF COLLEYVILLE:
DOJ;;-J ~
Mayor
OVED AS TO FORM AND LEGALITY:
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PJlaximum AlloWable RCtlldway ImpactlF~e$
Service Service
Land Use Unit of Trip Area 1 Area 2
Generation Fee Fee
Single Family Dwelling Unit $ 1,962 $ 1,589
Multi-Family Dwelling Unit $ 1,359 $ 1,101
Office 1000 s.t. GFA $ 2,257 $ 1,828
Retail 1000 s.t. GFA $ 10,912 $ 8,836
Schools Students $ 209 $ 169
Industrial Acre $ 10,619 $ 8,599
Private Open Space Acre $ 326 $ 264
ActuaFRoadwCiY Impactl=ees To Be Collected
Service Ser'lice
Land Use Unit ofTtip Area 1 Area 2
Generation Fee Fee
Single Family Dwelling Unit $ 1,962 $ 1,589
Multi-Family Dwelling Unit $ 1,359 $ 1,101
Office 1000 sJ. GFA $ 2,257 $ 1,828
Non-sales Tax 1000 sJ. GFA $ 10,912 $ 8,836
Generatinq Retail
Sales Tax 1000 sJ. GFA $ 2,728 $ 2,209
Generatinq Retail (1)
Schools Students $ 209 $ 169
Industrial Acre $ 10,619 $ 8,599
Private Open Space Acre $ 326 $ 264
(1) Per refund criteria for sales tax businesses
Exhibit "1"
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Ord.0-00-1213
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