HomeMy WebLinkAboutOrdinance No. 799 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 799
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 8,
ARTICLE II RELATING TO IMPACT FEES; AMENDING SECTION 8-53
RELATING TO AMOUNT AND ASSESSMENT OF FEES BY
AMENDING AT]?ACHMENT .....
A, BY ADDING SECTION 8-61
RELATING TO WAIVER OF FEES; 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 Chapter 8, Article II of the Code of Ordinances of the City
of The Colony be amended in the following particulars:
Section 8-53 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.
Section 8-61 Waiver of Fees
The City Council may waive all or a portion of the impact fees due upon written
request by a developer or owner of property subject to the ordinance, following a
hearing, upon finding that such waiver substantially furthers the city's goals of
promoting economic development, as may be set forth in the city;s goals policies and
regulations. In granting such waiver, the City Council shall make findings relating
to such purposes and shall take into consideration the extent to which other
incentives and waivers have been granted the development pursuant to their existing
laws and regulations.
Pursuant to section 395.018 of the Local Government Code, the, City Council shall
have the option to enter into a development agreement that Would provide the
method, time, and amount of the payment of the impact fee.
Section 2. 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.
Section 3. 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 4. 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.
PASSED AND APPROVED this/~-~ay of ~/~,.cv/~//_ ,1993. '
ATYEST:
Patti A. Hicks, CMC/AAE
City Secretary
APPROVED AS TO FORM:
Pete Eckert, City Attorney
2
ATI'ACHMENT "A"
IMPACT FEE AMOUNTS
WATER
1. Commercial: $525/acre
2. Residential: $125/Dwelling unit
_WASTEWATER
1. Commercial: $1895/acre
2. Residential: $ 450/dwelling unit