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HomeMy WebLinkAboutOrdinance No. 03-1480 CITY OF THE COLONY, TEXAS ORDINANCE NO. 03-1480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND MODIFICATON OF IMPACT FEES, RELATIVE TO WATER AND SEWER FACILITIES, AND ADOPTING A CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES FOR ROADWAY FACILITIES; AMENDING ARTICLE II OF CHAPTER 8 OF THE CODE OF ORDINANCES RELATING TO IMPACT FEES AS PROVIDED FOR HEREIN; PROVIDING A PUBLICATIONS CLAUSE; PROVIDING A SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, located in Denton County, Texas, is a Home Rule municipality possessing the full power of local self-government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and WHEREAS, the City Council of the City of The Colony, Texas, is empowered under The Texas Local Government Code, Section 51.001 to adopt an ordinance or rule that is for the good government of the City; and WHEREAS, the City Council has determined that the City of The Colony should consider imposing impact fees upon new development in order to pay certain costs of constructing and expanding capital improvements serving new development; and WHEREAS, Chapter 395 of the Texas Local Government Code regulates impact fees on new development, and the City Council intends that the City of The Colony comply with the provisions of that statute and other applicable law; and WHEREAS, the City Council established and appointed a Capital Improvements Advisory Committee on December 18, 2000, to study the land use assumptions and capital improvements plan and make recommendations for amending the City's impact fees; and WHEREAS, based on the Land Use Assumptions for Impact Fees, a capital improvements plan has been prepared by Hunter Associates Texas, Ltd. consisting of the Roadway Improvements Plan for Impact Fees and the Water and Sewer Capital Improvements Plan and Impact Fees dated June 2, 2003; and WHEREAS, the Capital Improvements Advisory Committee held a public hearing on June 10, 2003, regarding the updated Land use assumptions, capital improvements plan and Pg.1 impact fees for water and sewer facilities, and regarding a capital improvements plan and impact fees for roadway facilities, and voted unanimously to for~vard a recommendation to the City Coucil; and WHEREAS, the City Council held a public hearing regarding the updated Land use assumptions, capital improvements plan and impact fees for water and sewer facilities, and regarding a capital improvements plan and impact fees for roadway facilities, was held on the 7th day of July, 2003; and WHEREAS, the City Cotmcil finds that it is in the best interests of the City of The Colony and its citizens to approve and adopt the capital improvements plan, to establish impact fees consistent with the capital improvements plan for water and sewer facilities, and to make other conforming changes in the Code of Ordinances; and WHEREAS, the City Council finds that it is in the best interests of the City of The Colony and its citizens to approve and adopt the capital improvements plan, to establish impact fees for roadway facilities, and to make other conforming changes in the Code of Ordinances; and 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 capital improvements plan and impact fees relative to water and sewer facilities, and its capital improvements plan and impact fees for roadway facilities; and WItEREAS, following such public hearing and after review of Council reports, the City Council has determined that the updated capital improvements plan and modified impact fees for water and sewer facilities and impact fees for roadway facilities, 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 tree and correct and are incorporated herein: Section 2. Adoption of Capital Improvements Plan. The amended Capital Improvements Plan for water and sewer facilities dated June 2, 2003, entitled "City of The Colony, Texas, Capital Improvements Projects for Impact Fee 2003-2011" as prepared by Hunter and Associates and kept on file in the office of the City Secretary is hereby approved. The Capital Improvements Plan for roadway facilities dated June 2, 2003, entitled "City of The Colony, Texas, Capital Improvements Projects for Impact Fee 2003-2011" as prepared by Hunter and Associates and kept on file in the office of the City Secretary is hereby approved. The said capital improvements plan is the capital improvements plan referred to in Article II of Chapter 8 of the City's Code of Ordinances as set forth in Section 3 of this Ordinance. Section 3. Amendment of Code of Ordinances. The City Council heretofore adopted Ordinance No. 578 on February 20, 1989 relating to the capital improvements plan and Pg.2 impact fees, which Ordinance was amended by Ordinance No. 799, adopted April 19, 1993. Ordinance No. 578, as amended, did not amend the City's Code of Ordinances but was placed into the Code as Article II of Chapter 8 by the editor of the Code. The City hereby approves the placement of the provisions of Ordinance No. 578, as amended, into the Code of Ordinances as Article II of Chapter 8 of the Code as currently written in the Code as if Ordinance No. 578, as amended, had in fact amended the Code of Ordinances. The said Article II is hereby amended so that it shall hereafter read as follows: "CHAPTER 8 FINANCE AND TAXATION ARTICLE II. IMPACT FEES Sec. 8-51 IN GENERAL; PURPOSE; POLICY This Article is adopted pursuant to the provisions of Chapter 395, Texas Local Government Code as well as under the authority of Article 11, Section 5 of the Texas Constitution. This Article implements a policy of the City to impose fees upon each new development project to pay the costs of constructing capital improvements and facility expansions necessary to serve new development. Sec. 8-52. DEFINITIONS For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: Access Improvement - Road improvements necessary to provide safe and adequate ingress and egress. Access improvements include but are not limited to the follo~ving: (a) right-of-way and easements; (b) left and right turn lanes; (c) acceleration and deceleration lanes; (d) traffic control devices, signs and markings; and (e) drainage and utilities. Accessory Building, Structure or Use - A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use. Advisory Committee - A body of members appointed by the city council, composed of not less than five (5) members, where no less than forty (40) percent 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 govermnental entity. The planning and zoning commission may, with the approval of the city council, act as the advisory committee, provided that the commission includes at least one representative of the real estate, development, or building industry ~vho is not an employee or official of a political subdivision or governmental Pg.3 entity. If no such representative is a member of the planning and zoning commission, the commission may act as the advisory committee if at least one such representative is appointed by the city council as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. Where the terms of this Article extend the application of the impact fee into the city's extraterritorial jurisdiction, the membership of the advisory committee shall include a representative from that area. Arterial Roads - Roads that primarily function to accommodate the movement of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, ~vhen provided, is subservient to the movement function. This classification includes ali roads that function above the level ora collector road. Assessment - the determination of the amount of the maximum impact fee per service unit that can be imposed on new development pursuant to this Article. Capital Improvement any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of a political subdivision: (1) water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service area; and (2) roadway facilities. Capital Improvements Plan - a plan contemplated by this Article that identifies capital improvements or facility expansions for which impact fees maybe assessed. The said plan is dated June 2, 2003, and entitled "City of The Colony, Texas Capital Improvements Projects for Impact Fee 2003-2011" as prepared by Hunter and Associates and on file in the office of the City Secretary. City - the City of The Colony, Texas. Collector Roads - An intermediate classification of roads that provides both land access and movement service for medium-length trips at relatively moderate speeds. Collector roads connect local streets to arterial streets. Credit the amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility. Development Permit - Includes any building permit, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Pg.4 Facility expansion - the expansion of the capacity of an existing facility that serves the same function as an other~vise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. Final Plat Approval or Approval of a Final Plat - the point at which the applicant has complied with ail conditions of approval and the plat has been released for filing with the County Clerk. Impact Fee - a charge or assessment imposed as set forth in this Article against new development. The term does not include: (1) required dedications of land for public parks or payments in lieu thereof; (2) dedication of rights-of-way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; or (3) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. Land Use Assumptions - a description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over at least a 1 O-year period that has been adopted by the City and upon which the capital improvements plan is based. Local Roads - Roads that primarily function to accommodate land access for abutting property. Local roads may provide service for relatively small traffic volumes for relatively short distances at relatively low speeds. Through traffic movement, when provided, is subservient to the land access function. This classification includes all roads that function below the level of a collector road. Major Road Network - The interconnecting system of roads classified as arterial and collector roads established by the official plan of the City of The Colony. The Major Road Network includes: 1. Existing arterial and collector roads or trafficways; 2. Planned extensions to existing arterial and collector roads or trafficways; and 3. Planned new arterial and collector roads or trafficways. Pg.5 Marginal Cost - The additional cost incurred to provide off-site improvements over and above that which would be necessary to provide the on-site improvements needed to serve the development. New development- the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units. Nonsite Related Improvements - Road improvements, including rights- of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic, and which are in excess of, or in addition to, site-related improvements. Nonsite related improvements may include on-site or off-site improvements to the road network. The road impact fee provided in this ordinance is designed to cover the costs inherent to the construction of nonsite-related at-grade improvements to the road network. Off-Site - located entirely on property that is not included within the bounds of the plat being considered for impact fee assessment. Off-Site Improvements Road improvements Iocated outside of the boundaries of the development site that are necessary to provide safe and adequate travel service for vehicular traffic. On-Site Improvements - Road improvements located within the boundaries of the development site that are necessary to provide safe and adequate travel service for vehicular traffic. Political Subdivision - a municipality, or a district or authority created under Article III, Section 52, or Article XVI, Section 59 of the Texas Constitution. Roadway facilities - arterial or collector streets or roads that have been designated on the City's officially adopted roadway plan, together with ali necessary appurtenances. The term does not include any roadways or associated improvements designated on the federal or Texas Highway system. The term includes but is not limited to interests in land, traffic lanes, curbs, gutters, intersection improvements, traffic control devices, turn lanes, drainage facilities associated with the roadway, and street lighting. Road Impact Fee, Impact Assessment Fee - The fee required to be paid in accordance ~vith this ordinance. Service Area: (1) for water supply, treatment and distribution facilities, and wastewater collection and treatment facilities: the entire area within the corporate limits of the City and its extraterritorial jurisdiction to be served by the capital Pg.6 improvements and facilities expansion specified in the capital improvements plan; (2) for roadway facilities: each individual area designated in the land use assumptions served by the roadway facilities designated in the capital improvements plan. Service Unit - a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements of facility expansions. Service unit is defined in the capital improvements plan. Sanitary Sewer Facility an improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, and interceptor mains. Sanitary sewer facility excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. Site-Related Improvements Road improvements, including rights-of- way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic between the traffic-generating land uses within the development, and between the development and road network. Site-related improvements may include on-site or off-site improvements to the road network. The road impact fee established by this ordinance is not intended to assess an amount that constitutes an approximation of the costs to construct site-related road improvements, therefore, an assessment for, or the construction of, site-related road improvements shall be considered as an addition to the assessment calculated pursuant to the terms of this ordinance. Trafficways A classification of roads, related to planning and design criteria, which primarily functions to facilitate the through movement of traffic rather than providing direct access to abutting properties. Water Facility an improvement for providing water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities, and water distribution lines. Water facility excludes water lines or mains that are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. Sec. 8-53. ADVISORY COMMITTEE Pg.7 A. The Advisory Committee serves in an advisory capacity and is established to: 1. advise and assist the adoption of land use assumption; 2. review the capital improvements plan and file written comments; 3. monitor and evaluate implementation of the capital improvements plan; 4. file semi-annual reports with respect to the progress of the capital improvements plan and report to the city council any pemeived inequities in implementing the plan or imposing the impact fee; and 5. advise the City staff and Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. B. All professional reports concerning the development and implementation of the capital improvements plan shall be made available to the Advisory Committee. C. The Advisory Committee shall elect a chairperson to preside at its meetings and a vice-chairperson to serve in the chairperson's absence. All meetings of the committee shall be open to the public and posted at least 72 hours in advance. A majority of the membership of the Committee shall constitute a quorem. Sec. 8-54. PERIODIC UPDATES REQUIRED The land use assumptions and capital improvements plan upon which impact fees are based shall be updated at least every five years, beginning with the first such update to be on or before August 4, 2008. Alternatively, the City Council may, pursuant to the provisions of Section 395.0575 of the Local Government Code, or any successor statute thereto, make a determination that no such update is required. Sec. 8-55. IMPACT FEE REQUIRED; EXCEPTIONS 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 impact fees required by this Article are assessed and collected or a contract providing for payment as approved by the City is entered into. B. (1) Water and Wastewater - With respect to impact fees for water and wastewater facilities, for new development located on property which received final plat approval under the City's subdivision or platting procedures prior to adoption of Ordinance No. 578, as amended, of the City, impact fees shall not be collected on any service unit for which a Pg.8 valid building permit is issued within one (1) year after the effective date of Ordinance No. 578. (2) Roadway - With respect to impact fees for roadway facilities, for new development located on property which received final plat approval under the City's subdivision or platting procedures prior to adoption of Ordinance No. 97-1000, as amended, of the City, impact fees shall not be collected on any service unit for which a valid building permit is issued within one (1) year after the effective date of Ordinance No. 97-1000. C. For new development located on property located in subdivisions where all streets, sewers and water lines were constructed by the developer prior to June 20, 1987, no impact fee shall be due. Sec. 8-56. ASSESSMENT AND COLLECTION OF IMPACT FEES A. Impact fees shall be assessed and collected at the time of the issuance of a building permit. B. After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees shall not be assessed against the tract unless the number of service units to be developed on the tract increases. Should the number of service units be increased, impact fees shall be increased in an amount equal to the then current impact fee per service unit multiplied by the additional service units. C. Except for roadway facilities, impact fees may be assessed but not collected in areas where service is not available unless: 1. the collection is made to pay for a capital improvement or facility expansion identified in the capital improvements plan and the City commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in a reasonable time not exceeding five years; or 2. the City agrees in writing to permit the owner of a new development to construct or finance the required capital improvement or facility expansion and agrees: a. that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development; or b. to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital Pg.9 improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development is issued with a building permit, or 3. the owner voluntarily requests that the City reserve capacity to serve future development and the City and the owner enter into a valid written agreement. D. Where the City and an owner have entered into an agreement in writing as described in Section 8-56.C.2.b. above, the City may use impact fees paid from other new developments that will use the capital improvements or facility expansions as described in the said Section to reimburse the owner for the ratable portion of such capital improvements or facility expansions attributable to such other new developments, and such fees shall be collected and reimbursed to the owner at the time the other new development is issued with a building permit. E. The owner of the property for which there is a recorded plat may enter into a written agreement with the City providing for the time and method of payment of impact fees, which agreement shall prevail over any contrary provision of this Article. Sec. 8-57. CALCULATION OF IMPACT FEES A. 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 capital improvements plan. B. The determination of impact fees shall be reduced by any allowable credits for the category of capital improvements as provided by Sec. 8-59. C. The total amount of unpaid impact fees shall be attached to the development application, or, if to be paid at some later date, to the request for other permit or connection. D. Replatting shall not require recalculation of impact fees unless the number of service units is increased. Ifa proposed development increases the number of service units, the impact fee shall be recalculated as provided for herein. Sec. 8-58. CHANGES OF SIZE AND USE; EXEMPTIONS FOR REPLACEMENT Impact fees shall be imposed and calculated for the alteration, expansion, or replacement o£a building or dwelling unit or the construction of an Pg. 10 accessory building if the alteration, expansion, or replacement of the building or dwelling or the construction of an accessory building results in a land use determined to (i) increase the number of dwelling units; (ii) increase the usable square footage (or other type of service unit measure); (iii) change the land use so as to constitute a different impact fee land use category; or (iv) increases the size of the utility meter(s). Such fees shall be calculated as follows: 1. The impact fees shall be the amounts due under the applicable rate for the land use or meter size category resulting from the alteration, expansion, or replacement, less the impact fee that would be imposed under the applicable impact fee rate for the land use or meter size category prior to alteration, expansion, or replacement. In determining the impact fee which would have been in place for the land use category prior to alteration, expansion, or replacement, the use of land during the previous three (3) years which provided the highest impact upon the City's capital improvements shall be utilized. 2. The transportation impact fee for any accessory building shall be that applicable under the rate for the land use of the primary structure. B. The following shall be exempted from payment of impact fees: 1. Alterations, expansion, or replacement of an existing dwelling unit which does not increase the number of families for which such dwelling unit is arranged, designed, or intended to accommodate for the purpose of providing living quarters. 2. The alteration or expansion of an accessory building or structure which will not create additional dwelling units or will not increase the usable square footage space (or other service unit measure) associated with the principal building or of the land or will not change the utility meter size. 3. The replacement of a dwelling unit or a building with a new dwelling unit or building of the same size and use, and same utility meter size, which will not increase the square footage associated therewith; provided that the replacement of the dwelling unit or building which has been destroyed, moved, or otherwise rendered uninhabitable must be replaced within three (3) years of the date it was destroyed, moved, or otherwise rendered uninhabitable in order to be exempt from payment of impact fees. Sec. 8-59. CREDITS Pg. lI A. Any construction of, contributions to, or dedications of any facility by the owner of new development which appears on the capital improvements plan which is required by the City to be constructed as a condition of development shall be credited against the impact fees otherwise due for the same category of impact fees other~vise due from the new development. B. The amount of each credit for required construction of a facility on the capital improvements plan shall be calculated by multiplying the value of the facility assessed for the capital improvements plan by a fraction, the numerator of which is the impact fee per service unit due for the new development (computed using the capital improvements plan and Section 8-64) and the denominator of which is the maximum impact fee per service unit computed using the capital improvements plan. C. As an alternative to the foregoing, the City and the owner may enter into an agreement providing that in addition to the credit, the owner will be reimbursed for all or a portion of the costs of such facilities from impact fees as received from other new developments that will use such capital improvements or facility expansions. D. All developer agreements between the owner and the City entered into prior to November 3, 1997 that provide for either credits against or waivers of impact fees, are hereby confirmed. E. No credit for construction of any facility shall exceed the total amount of impact fees due from the new development for the same category of improvements. Sec. 8-60. EXPENDITURE AND ACCOUNTING FOR FEES AND INTEREST A. All impact fees collected shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. B. Interest earned shall be credited to the account and shall be subject to the same restrictions on expenditures as the funds generating such interest. C. Impact fees and the interest earned thereon may be spent only for the purposes for which such fees were imposed as shown in the capital improvements plan. D. The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours, subject to the requirements of the Texas Open Records Act. Pg.12 Sec. 8-61. APPEALS A. The property owner or applicant for new development may appeal the following decisions to the City Council: (1) the applicability of an impact fee to the development; (2) the amount of the impact fee due; (3) the availability or the amount of an offset or credit; (4) the application of an offset or credit against an impact fee due; (5) the amount ora refund due, if any. B. The burden of proof shall be on the applicant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining offsets and credits. C. The applicant must file a notice of appeal with the City Secretary, within thirty (30) days following the decision. If the notice of appeaI is accomplished by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Sec. 8-62. REFUNDS A. On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied or if the City failed to commence construction of facilities required for service within two years of payment of the fee or if such construction is not completed within a reasonable time but not in any event in more than five years from the date of payment of the fee. B. Upon completion of capital improvements or facility expansions identified in the capital improvements or facility expansions identified in the capital improvements plan, the impact fee shall be recalculated utilizing actual costs. If the impact fee based on actual cost is less than the impact fee paid, the City shall refund the difference if such difference exceeds the impact fee paid by more than ten percent. C. Any impact fee funds not expended within ten years after payment shall be refunded. D. In the event that a building permit issued for a new development expires prior to completion of the development for which it was issued, the applicant may within ninety (90) days of the expiration of the building permit apply for a refund of the impact fees, less three pement (3%) of the Pg. 13 amount paid. Failure to apply for a refund within the ninety (90) days shall waive any right to a refund. E. Refunds shall bear interest calculated from the date of collection the date of refund at the statutory rate set forth in Article 5067-11.03, Vemon's Civil Statutes or its successor statute. F. All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the policy subdivision or governmental entity. Sec. 8-63. WAIVER OF FEES For purposes of promoting economic development within the City, the City Council may from time to time reduce or waive the requirement for payment of impact fees. Sec. 8-64. AMOUNT OF IMPACT FEES Impact fees for water, wastewater, and roadway facilities shall be as follows: A. Water and Wastewater Impact Fee. Service Area Type of Use Water* Wastewater 1 All developments in The maximum impact The maximum impact (Central city) any land use category, fee set forth in the fee set forth in the capital improvements capital improvements plan and as shown in plan and as shown in Table 15 C attached to Tables 16 C attached the capital to the capital improvements plan ( a improvements plan (a true and correct copy true and correct copy of which Table is of which Table is attached hereto and attached hereto and incorporated herein as incorporated herein as Exhibit A) Exhibit B) 2 All developments in The maximum impact The maximum impact (Wyrmwood any land use category, fee set forth in the fee set forth in the Peninsula) capital improvements capital improvements plan and as shown in plan and as shown in Table 15 Dattached Table and 16 D to the capital attached to the capitaI Pg.14 Service Area Type of Use Water* Wastewater improvements plan ( a improvements plan (a true and correct copy true and correct copy of which Table is of which Table is attached hereto and attached hereto and incorporated herein as incorporated herein as Exhibit C) Exhibit D) * Fee is per service unit as defined and described in the capital improvements plan. C. Roadway Impact Fee. Service Area Roadway Impact Fee* 1. $ 0 2. $ 0 3. $ 0 4. $ 300.00 5. $ 0 6. $ 668.00 * Fee is per service unit as defined and described in the capital improvements plan. Section 5. PUBLICATIONS CLAUSE The City Secretary of the City of The Colony is hereby directed to publish in one issue of the Official newspaper of the City of The Colony, the Caption and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Section 6. SEVERABILITY CLAUSE 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 Pg. 15 jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full fome and effect. Section 7. SAVINGS CLAUSE 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 8. PENALTY CLAUSE Any person, firm or corporation violating any provision of this ordinance shall be fined an amount not to exceed five hundred dollars for each offense; and a separate offense shalI be deemed committed on each day during or on which a violation occurs or continues 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 the 4th day of August, 2003 APPROVED: ATTEST: /~(/e Mc ~a/rry' May°r P~m ~m:istie Wds0n, Dep~y City Secretary City of The Colony, Texas [Seal] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas Pg. 16 TABLE 15 C SERVICE UNIT CONVERSION TABLE FOR WATER AND MAXIMUM IMPACT FEE CALCULATION SERVICE AREA - A (Central City Area) CITY OF THE COLONY CONSTRUCTION MAXIMUM FEE BASED SEWER SERVICE COST ATTRIBUTED ON 50% OF ALLOWED METER RATED UNIT TO SERVICE UNIT CONSTRUCTION METER SIZE CAPACITY (GPM) EQUIVALENT EQUIVALENT COSTS 5/8" 20 1.0 $ 1,536 $ 768 3/4" 30 1.5 $ 2,304 $ 1,152 1" SIMPLE 50 2.5 $ 3,840 $ 1,920 1 1/2" SIMPLE 100 5.0 $ 7,680 $ 3,840 2" SIMPLE 160 8.0 $ 12,288 $ 6,144 2" COMPOUND 160 8.0 $ 12,288 $ 6,144 2" TURBINE 160 8.0 $ 12,288 $ 6,144 3" COMPOUND 320 16.0 $ 24,576 $ 12,288 3" TURBINE 350 17.5 $ 26,880 $ 13,440 4" COMPOUND 500 25.0 $ 38,400 $ 19,200 4"TURBINE 630 31.5 $ 48,384 $ 24,192 6" COMPOUND 1000 50.0 $ 76,800 $ 38,400 6"TURBINE 1400 70.0 $ 107,520 $ 53,760 8" COMPOUND 1600 80.0 $ 122,880 $ 61,440 8"TURBINE 2400 120.0 $ 184,320 $ 92,160 10"COMPOUND 2300 115.0 $ 176,640 $ 88,320 10"TURBINE 3800 199.0 $ 291,840 $ 145,920 For residential land uses, the standard service unit (SU) is established as a single dwelling unit served by a 5/8 with a service unit equivalency (SUE) 1.0. For all other land uses, specifically those listed in the land use Assumptions, requiring a larger meter, the service unit equivalent is established as some multiple of the standard service unit based on meter size as per above table and in conformity with the City's Building Code. Pg. 17 WATER AND MAXIMUM IMPACT FEE CALCULATioN SERVICE AREA- B (Wynnwood PeninsUla) CITY OF THE COLONY MAXIMUM FEE CONSTRUCTION BASED ON 50% OF SEWER SERVICE COSTATTRIBUTED ALLOWED METER RATED UNIT TO SERVICE UNIT CONSTRUCTION METER SIZE CAPACITY (GPM) EQUIVALENT EQUIVALENT COSTS 5/8" 20 1.0 $ 3,'~12 $ 1,586 3/4" 30 1.55 4,668 $ i" 2,334 S MPLE 50 2 5 .... ~ . ,~ ,',,"~o $ 3 890 I 1/2" SIMPLE i0~) ' 5.0 $ 15,560 $ 7,780 2"SIMPLE 160 80 $ 241896 $ 12 · ,448 2" COMPOUND 160 8.0 5 :)4.896 $ 12448 2"TURBINE ~60 8~ $ 2~.898 $ i214'4'8 3"COMPOUND 320 16.0 $ 49,792 $ 24,896 3" TURBINE 350 17.5 $ 54 460 $ 2~230 4 COMPOUND 5~ ~5.0 ~ 77~0 $ 38,~00 4" TURBINE 630 31.5 $ ,, 98,028 $ 49 014 6,,COMPOUND i000 50.0 $ i55,600 $ 77800 6;; TURBINE !4,00 70.0 $ 2i'7 840 5 1081920 8 COMPOUND 1600 , 80.0 $ 248,960 $ 124,480 8 ~URBINE 2400 12010 5 3734.40 $ 186720 i0 TURBINE 3800 19010 5 5911280 $ 295,640 For residential land ~ses, the standard Ser~ce unit (su) is esta~iished as a single d~elling unit SerVed bya 5/8' meter with a service unit equivalenCy(SUE) 1.0. For ail other land uses specificallyihose listed in the land ~se Assumptions, requiring a larger meter,; the se~ce unit equivaient is established as some multiple 0fthe standard Service unit based on meier s~ze as per the above table and in conformitywith the City,s Building ~0de. Pg. 18 TABLE 16 C SERVICE UNiT CONVERSION TABLE FOR WASTEWATER AND MAxiMUM MPACT ~EE CALCULATION SERVICE AREA-A (ce~trai Ci~A~ea) CITY OF THE COLONY CONSTRUCTION MAXIMUM FEE BASED COST ON 5O% OF METER RATED SEWER Alq-RIBUTED TO ALLOWED CAPACITY SERVICE UNIT SERV]CE UNIT CONSTRUCTION METER SIZE (GPM) EQUIVALENT EQUIVALENT COSTS o, 20 1.0 $ 1,980 $ 990 3/4' 30 ~.~ $ 2~78 $ i,089 1 SMpLE 50 i.8 $ 3;564 5 i,782 lO0 1 1/2"SIMPLE 3.7 $ 7326 $ 3663 ~;,SIMPLE !67 6.0 $ 11,880 ~ ;2 COMPOUND 160 6;05 iii~80 $ 5;9,48 2" TURBINE 1 6.0 $ 11,880 $ 59,40 3"COMPOUND 320 12.0 $ 23;~60; $ i'1 880 3'iTu~BiNE 350 i311 $ 25,~38 $ i2 969 4" COMPOUND 20O i8~$ 3~,026 $ i8,5i3 4" TURBINE 630 23.6 $ 46;728 $ 23;364 6 COMPOUND i000 3~5 $ ~,4250 $ 3~i25 8'COMPOUND i600 60;0 $ 1181800 $ 59,400 8"TURBINE ; 2400 90.0 $ ;178200 $ 89,i00 10~' ~O~PO(JND 230~ 86.25 i 70',8~6 $ 85,338 ;lO"TURBiNE 3800.0 14~15 $ 282,i50 $ i41,075 ~or re~ide~tiai i~Rd U~Sl i~e s~and~rd Servi&e uni~ (sui is e~tai~ii~ed as~ Sin~ e d~elii~g served by a 5/8' meter With a servi~e un t equiValenCy (SUE) i.01 F0r ~ll otfier i~d u~es ~pe~ifi~aili/tho~e a~:ger meter, tee se~ce unit equi~ient is e&tab ~hed as so~e muiiipie Of the standard set, ce unit per the above table reduced bytwenty-five percent (2~ ~) and n conform tyw th the c tys BUd ng Pg. 19 TABLE 16 D SERVICE UNIT CONVERSION TABLE FOR WASTEWATER AND MAXIMUM MPACT FEE CALCULATION SERVICE AREA- B (Wynnwo0d Peninsula) CITY OF THE COLONY MAXIMUM FEE BASED CONSTRUCTION ON 50% OF ;METER RATED SEWER COST A~q-RIBUTED ALLOVVED CAPACITY SERVICE UNIT TO SERVICE UNIT CONSTRUCTION METER SIZE (GPM) EQUIVALENT EQUIVALENT COSTS o 20 1.0 $ 4,930 $ 2 465 i i)2 siMPLE ; 100 3.7 $ 18,241 $ 91121 2, SIMPL~ i60 6.0 $ 291580 $ i4,790 2" COMPOUND 160 6.0 $ 29,580 $ 14,790 2"TURBINE 160 6.0 $ ~9580 $ 14790 ~;~C~MP~0ND 320 i~i0 $ 59160 $ 2~1580 3"TURBINE 350 i3.i $ 641583 $ 32.292 4"COMPOuND 200 187 $ 92,19i $ 4~096 4" TURBINE 630 23.6 $ 116,348 $ 581~4 6',,coMPoi~D i000 3?;5 $ i~4878 $ 92438 6 TURBINE i4oo 5215 $ 258 825 $ 1291413 8" COMPOUND i600 60.0 $ 295,800 $ i47,900 8".TURB!NE 2~0 90.0 $ 44-~,~00 $ 2~i;850 10 COMPOUND 2~00 86.2; $ 424;986 $ 212483 10" TURBINE 3800.0 142.5 $ 702,525 $ 35i 263 Far resi,dential land us~s, the standard Se~vi~e unit (su) is established as a single dwelling un t Served bye 5~8 meter with a ~ervice uni(equi~Jen~y(§~E) i.0. For ali 0the~ land ,,sas, SP~ificailytho~e listed in the and Use ~sumptiens, requiring a arge~ meterl the Service Unit equi~lent is established as Some m u t p e 0fthe standard Servfce Unit Ci~S BUiiding C0del Pg.20