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HomeMy WebLinkAboutOrdinances (O-13-1901)-12/17/2013 1 ORDINANCE 0-13-1901 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 13-IMPACT FEES OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council desires to amend Chapter 13-Impact Fees by repealing the rebate provisions for sales tax generating businesses; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 13-Impact Fees, Section 13-173 and 13.29 of the Land Development Code, are hereby amended to read as depicted in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. 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. Ordinance 0-13-1901 Page 2 of 2 Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the MMt' day of 2013. ATTEST: CITY OF COLLEYVILLE /Is Amy • S elley, TOP David Kelly Y Y� Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: • Matthew C. G. Boyle City Attorney Exhibit "A" Section 13— 173 Refunds A. Time Limit Prior to Refund — Any impact fee or portion thereof collected pursuant to this Chapter which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes(Article 5069-1.03, Vernon's Texas Civil Statutes), or any successor statute. B. Pro-Rated Refund—If a refund is due, the City shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Determination of Excess Fees Upon Completion of Improvements — Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. D. Request of Refund Fees- Upon the request of an owner of the property on which an impact fee has been paid,the City shall refund such fees if: 1. Existing service is available and service is denied; or 2. Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment. E. Proportional Refund Due to Downsizing Meter—The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased unused water meter is replaced with a smaller meter, based on the SUE differential of the two meter sizes and the per-SUE fee at the time of the original fee payment, less an administrative charge of$50. F. Procedure for Petitioning of Refund — Petition for refunds shall be submitted to the Director of Public Services on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the City Manager and Council, as set forth in this Land Development Code. G. Rebate of Roadway Impact Fees for Expired Permit— 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. Exhibit A Colleyville, Texas,Land Development Code Section 13.29 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord.Number Date Subject 0-00-1218 06/20/00 Established 35%collection rate on church,office and retail uses 0-00-1261 12/19/00 Expanded roadway impact fee schedule 0-02-1367 10/01/02 Revised impact fee schedules per S.B 243 0-04-1453 04/16/04 Residential irrigation meter exemption 0-06-1581 08/02/06 Comprehensive revision and adoption of new fee schedules 0-09-1711 03/03/09 Impact Fee Update—Roadway Capital Improvements Plan 0-12-1846 08/21/12 Five year update and adoption of new fee schedules 0-13-1901 12/17/13 Rebate for sales tax generating businesses repealed Chapter 13—Impact Fees Page 2 of 3