HomeMy WebLinkAboutOrdinance No. 00-1186 ORI$1NAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 00-1186
AN AMENDING ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, APPROVING AN OFFICE CREEK
DRAINAGE CAPITAL IMPROVEMENTS PLAN; ADOPTING IMPACT
FEES RELATIVE TO STORM WATER, DRAINAGE AND FLOOD
CONTROL FACILITIES FOR OFFICE CREEK DRAINAGE;
ADOPTING AN OFFICE CREEK DRAINAGE CAPITAL
IMPROVEMENTS PLAN AND IMPACT FEES FOR OFFICE CREEK
DRAINAGE STORM WATER, DRAINAGE AND FLOOD CONTROL
FACILITIES; AMENDING DEFINITIONS; AMENDING EXCEPTIONS
TO IMPACT FEE REQUIRED; AMENDING AMOUNT OF IMPACT
FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 395, Tex. Loc. Gov. Code, the City Council of the City of
The Colony, Texas has conducted a review and analysis of its Office Creek Drainage Capital
Improvements Plan and impact fees relative to storm water, drainage and flood control facilities for
Office Creek Drainage; and
WHEREAS, the engineering firm of Nathan Maier, Inc., assisted the City in its review and
issued reports thereon; and
WHEREAS, a public hearing regarding the Office Creek Drainage Capital Improvements
Plan and impact fees for storm water, drainage and flood control facilities for Office Creek Drainage
was held on the 7th day of February, 2000, and thereafter continued; and
WHEREAS, following such public hearing and after review of Council reports, the City
Council has determined that the Office Creek Drainage Capital Improvements Plan and impact fees for
storm water, drainage and flood control facilities for Office Creek Drainage shall be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. Incorporation of Premises. The above recitals are hereby found to be true and correct and
are incorporated herein:
Section 2. Adoption of Office Creek Drainage Capital Improvements Plan, The Capital
Improvements Plan for Office Creek Drainage, storm water, drainage and flood control facilities for
Office Creek Drainage dated /2'~-~ 7, o0 O00 , entitled "City of The Colony, Texas, Capital
Improvement Projects for Office Creek Drainage Impact Fee 2000-2010" as prepared by Nathan Maier,
Inc., and on file in the office of the City Secretary is hereby approved. The said Capital Improvements
Plan is the Office Creek Drainage Capital Improvements Plan referred to in Article Il of Chapter 8 of the
City's Code of Ordinances.
Section 3. Definitions. Definitions - Office Creek Drainage Capital Improvements Plan
That Chapter 8, Article II, Section 8-52 of the Code of Ordinances, City of The Colony, Texas, is hereby
amended by adding the following definitions:
Office Creek Drainage Capital Improvements Plan - a plan contemplated by this Article that
identifies Office Creek Drainage capital improvements or facility expansions for which storm water,
drainage and flood control impact fees may be assessed. The said plan is dated , and
entitled "City of The Colony, Texas, Office Creek Drainage Capital Improvement Projects for
2000-2010" as prepared by Nathan Maier, Inc., and on file in the office of the City Secretary.
Definitions - Capital Improvement
That Chapter 8, Article II, Section 8-52 of the Code of Ordinances, City of The Colony, Texas, is
hereby amended by adding the following under the definition for Capital Improvement:
(3) Storm Water, Drainage and Flood Control Facilities.
Definitions - Service Area
That Chapter 8, Article II, Section 8-52 of the Code of Ordinances, City of The Colony, Texas, is
hereby amended by adding the following under the definition for Service Area:
(3) For storm water, drainage, and flood control facilities: each individual area designated in
the land use assumptions served by the storm water, drainage, and flood control facilities designated in
the Office Creek Drainage Capital Improvements Plan.
Section 4. Section 8-55. Impact Fee Required~ Exceptions.
That Chapter 8, Article II, Section 8-55 of the Code of Ordinances, City of the Colony, Texas, is hereby
amended by adding the following under section 8-55(a)(d):
(a) No building permit shall be granted for new construction of any property nor shall any
original water or sewer service connection be made or service commenced unless and until
water, wastewater and roadway impact fees required by this article are assessed and collected or
a contract providing for payment as approved by the city is entered into.
(d) No plat shall be approved for any subdivision unless and until drainage impact fees
required by this article are assessed and collected or a contract providing for payment as
approved by the city is entered into.
Section 5. Section 8-57. Calculation of Impact Fees.
That Chapter 8, Article II, Section 8-57 of the Code of Ordinances, City of the Colony, Texas, is hereby
amended by adding the following section, 8-57(a)(b):
(a) Roadway, water and wastewater impact fees shall be determined by multiplying the number
of service units in the new development by the amount per service unit set forth in section 8-64
hereof. The number of service units shall be determined by using the conversion table
contained in the Office Creek Drainage Capital Improvements Plan.
(b) Storm water, drainage and flood control impact fees shall be determined as shown in
Exhibit A, which is attached hereto and incorporated for all purposes.
Section 6. Section 8-64. Amount of Impact Fees.
That Chapter 8, Article II, Section 8-64 of the Code of Ordinances, City of the Colony, Texas, is hereby
amended by adding the following section, 8-64(c):
(c) Impact fees for the Office Creek Drainage storm water, drainage and flood control facilities
shall be determined as shown in Exhibit A, which is attached hereto and incorporated for all
purposes.
Section 7. Severabilit¥. The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council hereby declares that it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
Section 8. Savines. This Ordinance shall be cumulative of all other ordinances of the City and shall
not repeal any of the provisions of those ordinances except in those instances where the provisions of
those ordinances are in direct conflict with the provisions of this Ordinance.
Section 9. Effective Date. This Ordinance shall take effect immediately from and after its passage
and approval, and it is so ordained.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the3rd
day of April 2000.
~Ni~a~n W.~anning, Mayor ~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
Haertling, City Attorney