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HomeMy WebLinkAboutOrdinance No. 578 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY PROVIDING REGULATIONS TO FUND NECESSARY MUNICIPAL IMPROVEMENTS BY IMPOSING IMPACT FEES, PROVIDING FOR DEFINITIONS IN RELATIONSHIP TO THE IMPOSITION OF IMPACT FEES, CONTAINING A POLICY OF THE CITY IN RELATION TO IMPACT FEES, PROVIDING FOR THE COLLECTION OF IMPACT FEES, RESTRICTING THE USE OF IMPACT FEES, REQUIRING REFUNDS OF IMPACT FEES, ADOPTING A CAPITAL IMPROVEMENTS PLAN; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING A GENERAL PENALTY FOR VIOLATIONS. WHEREAS, the Texas Legislature in its 70th session passed V.A.T.S. Art. 1269j-4.11, pertaining to the imposition of impact fees by political subdivision; and, WHEREAS, the City of The Colony ("City") has complied with all the provisions of adoption of impact fees under V.A.T.S. Art. 1269j-4.11, including but not limited to all public hearings and notices; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Code of Ordinances of the City of The Colony be amended by adding the following: A. Definitions: (1) "Capital Improvements Plan" means the City of The Colony, Plan of 1988, prepared by the Capital Improvements Advisory Committee, which identifies the capital improvements or facility expansions anticipated by new development, or as amended hereafter. (2) "New Development" means the subdivision of land; or the construction, reconstruction, re-development, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any connection or other event which increases the number of service units. (3) "Service Unit" means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted ngxneerlng or planning standards for a particular category of capital improvements or facility expansions. (4) "Capital Improvement,, means a water supply, treatment, and distribution system facilities, wastewater collection and treatment facilities; storm water, drainage, and flood control facilities; whether or not located with the service area, with a life expectancy of three or more years, owned and operated by or on behalf of a political subdivision. (5) "Facility Expansion" means the expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. (6) "Impact Fee" means a charge or assessment imposed by a political subdivision Dgainst new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development. (7) "Service Area" means an are within the corporate boundaries, or extraterritorial jurisdiction as defined by the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes) of the political subdivision to be served by the capital improvements plan. The service area for the purpose of this act, may include all or part of the land within the political subdivision or its extraterritorial jurisdiction. (8) "Land Use Assumptions,, includes a description of the service are and projections of changes in land uses, densities, intensities, and population therein over at least a 10 year period as prepared by the Capital Improvements Plan Advisory Committee and adopted by the City Council of the City of The Colony by ordinance 567 on December 12 1988. , (9) "Advisory Committee" means a body of members appointed by COuncil, composed of not less than five members, where no less than 40% of the membership shall be representative of the real estate, development or building industry who are not employees or officials of a political subdivision or governmental entity. The Planning and Zoning Commission may act as the advisory Committee, provided that the commission includes at least one representative, of the real estate, development, or building industry who is not a . official of a ~olitlc ....... n employee or ~ ~ SUDalVlSlOn or governmental entity. If no such representative is ~ member of the Planning and Zoning Commission , the Commission may still act ~s the Advisory Committee if at least One such re re appointed by the ~ol~ ........ P sentatlve is ~. ~u~d~ SUDQ1V1S1On as an member of the Pla ............ ad hoc votinq the Advisory Comm~.anu honing Commission when it acts a~ 2 B. Statement of Policy. It is the policy of the City to impose Upon new development, impact fees to pay a portion of the cost of constructing capital improvements or facility expansions necessary to serve new development. Pursuant to that policy, the City has adopted a Capital Improvements Plan by this ordinance, has made Land Use Assumptions, prepared by the Advisory Committee,( appointed by Resolution No. 88-22, September 12, 1988), and has commissioned and received from qualified professionals use estimates, cost estimates, and a dgtermination of impact fees for water and sewer improvements in accordance with V.A.T.S. Art. 1269j-4.11 and all provisions hereof should be so interpreted. C. Amount and Assessment of Impact Fees (1) The City shall assess all new development a Water and Sewer Distribution System Impact Fee calculated under attachment A, attached hereto and incorporated herein as if fully set forth. D. Responsibility of City Manaser The City Manager shall assess impact fees on new development and he shall record his assessment and file same with the City Secretary. Said assessment shall contain a total impact fee charge for the Water and Sewer Distribution System Impact Fee. Additionally, said easement shall contain the amount of impact fees attributable to each service unit with the development. E. Assessment of Impact Fee. The City Manager shall make his assessment of impact fees as follows: (a) On land platted prior to the adoption of this ordinan- ce, no impact fee may be collected for one (1) year after adoption of this ordinance for which a valid building permit is issued. (b) On land platted subsequent to June 20, 1987, the impact fees shall be assessed at the time of the approval of the subdivision plat. Any subdivision platted subsequent to June 20, 1987, but prior to adoption of this ordinance in which an assessment has not been made, such an assessment shall be made as of the adoption of this ordinance. (c) In accordance with Attachment "B" incorporated herein as if fully set forth. 3 F. I.ncrease of Assessment. The assessed impact fee on new development shall not be increased unless the number of service units to be developed on such tract increases. ~n the event of an increase in the number of service units, the additional impact fees to be imposed shall be limited to the amount attributable to the additional service units. H. Appeal of Assessment. Upon written application of an owner of property upon which impact fees were assessed, the City Council shall consider said assessment and shall increase or reduce same where necessary to conform with V.A.T.S. Article 1269j-4.11. I. ~ollection of Impact Fees. (1) All imposed fees attributable to water and sewer shall be collected at the time of building permit. Not withstanding any other provisions in this ordinance, the City, with Council approval, may enter into an agreement with the owner of a tract of land for which the plat has been recorded, providing for the time .and method of payment of impact fees. (2) In accordance with Attachment "B" incorporated herein as if fully set forth. J. Use of Impact Fees. (1) All funds collected as impact fees shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions and the service area for which the fee was adopted and collected. Interest earned on impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed upon the use of impact fees. (2) Expenditures of impact fees funds shall be made only to pay the cost of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisitions cost (including land purchases, Court awards and costs, attorney's fees, and expert witness fees), and the fees actually paid or contracted to be paid to 9n independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City along with the payment of principal and interest on bonds,'notes, or other obligations issued to finance capital improvements or facility 4 expansions identified in the capital improvements plan. (3) The records of the accounts into which the impact fees are deposited shall be open for public inspection and copying during ordinary business hours. K. Refunds (1) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund the impact fee paid if the existing facilities are available and the service is denied, or the City has, after collecting the fee when service was not available, failed to commence construction within two years or service i! not available within a reasonable period of time considerln the ~a~i~al improvement or facility exnansio~ ~^ ~?-- _typ? ~f mu= in no event 1=~ ~ .... = ~. ~v m= uons=ructe~, payment. ~=~ un~n =lye years from the date of (2) Upon completion of the capital improvements or facility expansions identified in the Capital Improvements Plan, the City shall recalculate the impact fee using the actual cost of the capital improvements or facility expansion. IF the impact fee calculated based upon actual cost is less than the impact fee paid, the City shall refund the difference; if the difference exceeds the impact fee paid by more than 10%. (3) The City shall refund any impact fee or portion thereof which is not expended as authorized within 10 years from the date of payment. (4) Any refund shall bear 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 Statues, or its Successor Statute. (5) Ail refunds shall be pa~d to the record owner of the property at the time the refund is paid; provided, however, if the impact fees were paid by another political subdivision or governmental en~ity, the refund shall be paid to such political subdivision or governmental entity. Section 2. That the land use assumptions, the capital improvements plan, and impact fees be updated in accordance with Section 6 of Senate Bill 336, every three (3) years. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 5 Section 4. Any person, firm or corporation violating any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon final conviction therefore shall be fined in a sum not to exceed One Thousand Dollars ($1000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such hereunder. Section 5. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Pon Amlck, Mayor City of The Colony, Texas ATT~ Patti A. Hicks, City Secretary APPROVED AS TO FORM: John Boyle, City Attorney ~TTACHMENT A IMPACT FEE AMOUNTS WATERWORKS 1. Residential: A. Single-family $ 78.00 per lot B. Multi-family $ 20.00 per unit 2. Non-residential $250.00 per acre WASTEWATER 1. Residential: A. Single-family $311.00 per unit B. Multi-family $ 79.00 per unit 2. Non-residential $929.00 per.acre *Note: The service areas of the City are illustrated by mapping ~n the City Manager's Office ~TTACHMENT B IMPACT FEE MATRIX ASSESSMENT Ordinance Fee Circumstance Adoption Plat Permit Connection Water & Sewer ~ New Plat ........ x ~OLLECTION Water & Sewer New Plat - - .......... x(1) (1) Or as outlined by agreement for payment.