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HomeMy WebLinkAbout1992 04-09-2013 ORDINANCE NO. 1992 AN ORDINANCE APPROVING THE ADOPTION OF THE UPDATED LAND USE ASSUMPTIONS AND UPDATED CAPITAL IMPROVEMENTS PLAN (WATER AND WASTEWATER ) FOR THE CITY OF EULESS, TEXAS, AND APPROVING THE IMPOSITION OF REVISED IMPACT FEES FOR THE CITY OF EULESS, TEXAS, AS SET FORTH HEREIN; AMENDING SECTION 30-33 "WATER AND SEWER FEES AND IMPACT FEES" OF CHAPTER 30 "FEES", OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED, TO REVISE THE IMPACT FEES THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1987, the Texas Legislature adopted Senate Bill 336, now codified as Chapter 395 of the Texas Local Government Code, commonly referred to as the "Impact Fee Statute", and WHEREAS, such Impact Fee Statute sets forth certain procedures to be followed by municipalities in imposing, collecting, updating and expending impact fees; and WHEREAS, City staff has prepared updated Land Use Assumptions to be used in preparation of an updated Capital Improvements Plan and revised impact fees based thereon; and WHEREAS, an updated Capital Improvements Plan (Water and Wastewater) based on said updated Land Use Assumptions has been prepared for the City of Euless, Texas, and has been available for public inspection; and WHEREAS, the City Council finds that in all things the city has complied with the requirements of the Impact Fee Statute with regard to notice, public hearings, and methodology used to prepare the updated Land Use Assumptions, Capital Improvements Plan (Water and Wastewater) and impact fees; and WHEREAS, the Capital Improvements Advisory Committee has reviewed the proposed updated Land Use Assumptions and updated Capital Improvements Plan (Water and Wastewater) and proposed revised impact fees and has filed written comments thereon as required by law; and WHEREAS, the City Council of the City of Euless, Texas, finds that the capital improvements proposed in said updated Capital Improvements Plan will best address the requirements imposed upon the city by new development; and WHEREAS, the City Council of the City of Euless, Texas, further finds that the revised impact fees imposed by this ordinance provide the proper level of cost recovery to the city attributable to new development; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. That the updated Land Use Assumptions and Water and Wastewater Capital Improvements Plan contained in the document "Water and Wastewater Impact Fee Update 2012 to 2022 dated December 2012, are hereby approved and adopted as the Land Use Assumptions and Water and Wastewater Capital Improvements Plan for the City of Euless, Texas, and as the basis for imposition of the revised impact fees set forth below. SECTION 2. That the imposition of the revised impact fees set forth herein below is hereby approved. SECTION 3. That Section 30-33(d) "Water and Sewer Impact Fees" of Chapter 30 of the Code of Ordinances be amended to read in its entirety as follows: Water and sewer impact fees for developments for which the final plat was recorded after June 13, 1990, and before May 25, 1993: Meter Size (inches) Water Sewer Total .75" or smaller $392.00 $608.00 $1,000.00 1" $655.00 $1,015.00 $1,670.00 1.5" $1,305.00 $2,025.00 $3,330.00 2" $2,089.00 $3,241.00 $5,330.00 3" $3,920.00 $6,080.00 $10,000.00 4" $6,535.00 $10,135.00 $16,670.00 6" $13,065.00 $20,265.00 $33,330.00 8" $23,520.00 $36,480.00 $60,000.00 10" $37,895.00 $58,775.00 $96,670.00 Water and sewer impact fees for developments for which the final plat was recorded on or after May 25, 1993, and on or before April 27, 1999: Meter Size (inches) Water Sewer Total .75" or smaller $592.00 $746.00 $1,338.00 1" $989.00 $1,246.00 $2,235.00 1.5" $1,971.00 $2,484.00 $4,455.00 Ordinance No. 1992, Page 2 of 4 2" $3,155.00 $3,976.00 $7,131.00 3" $5,920.00 $7,460.00 $13,380.00 4" $9,869.00 $12,436.00 $22,305.00 6" $19,731.00 $24,864.00 $44,595.00 8" $35,520.00 $44,760.00 $80,280.00 10" $57,229.00 $72,116.00 $129,345.00 Water and sewer impact fees for developments for which the final plat is recorded after April 27, 1999; and on or before April 9, 2013: Meter Size (inches) Water Sewer Total 5/8" or 3/4" $1336.97 $92.25 $1,429.22 1" $3,342.42 $191.42 $3,533.84 1.5" $6,684.83 $382.84 $7,067.67 2" $10,695.72 $612.54 $11,308.26 3" $32,087.16 $1,837.62 $33,924.78 4" $56,152.53 $3,215.84 $59,368.37 6" $123,000.78 $7,044.21 $130,044.99 8" $213,914.40 $12,250.80 $226,165.20 10" $334,241.25 $19,141.88 $353,383.13 Water and sewer impact fees for developments for which the final plat is recorded after April 9, 2013: Meter Size (inches) Water Sewer Total 5/8" or 3/4" $1477.90 $524.70 $2,002.60 1" $3,694.75 $1,311.75 $5,006.50 1.5" $7,389.50 $2,623.50 $10,013.00 2" $11,823.20 $4,197.60 $16,020.80 3" $35,469.60 $12,592.80 $48,062.40 4" $62,071.80 $22,037.40 $84,109.20 6" $135,966.80 $48,272.40 $184,239.20 8" $236,464.00 $83,952.00 $320,416.00 SECTION 4. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without Ordinance No. 1992, Page 3 of 4 the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Saving Clause. That Chapters 30 and 86 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 6. Effective Date. This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 9th day of April 2013; by a vote of 6 ayes, o nays and o abstentions. APPROVED: (7/h Mary Lib leh, Mayor ATTEST: Kiln $titter, TRivIC, City Secretary APPROVED AS TO FORM: i-DIc oat,— Wayne K. Olson, City Attorney Ordinance No. 1992, Page 4 of 4