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HomeMy WebLinkAbout1024 06-12-1990ORDINANCE NO. 1024 AN ORDINANCE APPROVING THE ADOPTION OF THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF EULESS, TEXAS, AND APPROVING THE IMPOSITION OF IMPACT FEES FOR THE CITY OF EULESS, TEXAS, AS SET FORTH HEREIN; AMENDING SECTION 1 1/2 -16.21 "WATER AND SEWER" OF CHAPTER 1 1/2, "SCHEDULE OF FEES ", TO REVISE THE FEE STRUCTURE CONTAINED THEREIN AND INCLUDE IMPACT FEES THEREIN; AMENDING SECTION 16.21 "CONNECTION FEES" OF ARTICLE I "IN GENERAL" OF CHAPTER 16 "WATER AND SEWERS" TO REFLECT THE IMPOSITION OF AN IMPACT FEE; ADDING A NEW DIVISION 3 "IMPACT FEES" TO ARTICLE I "IN GENERAL" OF CHAPTER 16 "WATER AND SEWERS" TO GOVERN THE CALCULATION, ASSESSMENT, COLLECTION, ACCOUNTING AND EXPENDITURE OF IMPACT FEES, ALL AFORESAID SECTIONS, ARTICLES AND CHAPTERS BEING OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED; 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 and expending impact fees; and WHEREAS, by Ordinance No. 1020, the City Council of the City of Euless, Texas, has heretofore adopted Land Use Assumptions to be used in preparation of a Capital Improvements Plan and impact fees. for the_ financing of said capital improvements; and WHEREAS, a Capital Improvements Plan based on said Land Use Assumptions has been prepared for the City of Euless, Texas, and has been available for public inspection for the time required by law; and WHEREAS, the City Council find that in all things the city has complied with the requirements of the Impact Fee Statute with regard to notice, public hearings, promulgation and methodology used to prepare the Land Use Assumptions, Capital Improvements Plan and impact fees; and WHEREAS, the Capital Improvements Advisory Committee has reviewed the proposed Capital Improvements Plan and proposed 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 Capital Improvements Plan will best address the requirements imposed upon the city by new development; and ORDINANCE NO. 1024 Page 1 WHEREAS, the City Council of the City of Euless, Texas, further finds that the 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: I. That the Capital Improvements Plan for the City of Euless, Texas, dated April 23, 1990, is hereby approved and adopted as the Capital Improvements Plan for the City of Euless, Texas, and the basis for imposition of the impact fees set forth below. II. That the imposition of the impact fees set forth hereinbelow is hereby approved. III. That Section 1 1/2 -16.21 "Water and Sewer" of Chapter 1 1/2 "SCHEDULE OF FEES" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: Sec. 1 1/2- 16.21. Water and sewer fees and impact fees. (a) Water: Fees for water or sprinkler meters and meter boxes shall be an amount equal to actual cost of materials and labor plus 15 %. The above costs are based on cost of SR— T.R.C. meters as of June 12, 1986, and any increase in cost from time to time shall increase by a like amount effective concurrent with such increased charge to the city. (b) Tap fees: Applicants are encouraged to have taps to water and sewer lines made by a private contractor to specifications established by the city engineer. If taps are made by city personnel, the applicant shall pay a fee therefor equal to the cost of labor and materials plus 15 %. (c) Street cuts: If a engineer for alternative Section 1 1/2- 13.24. street cannot be bored, applicant must see the city method, with a permit fee required as outlined in ORDINANCE NO. 1024 Page 2 (d) Water and sewer impact fees: Size of Meter Water Sewer Total 3/4 inch or smaller 392 608 1,000 1 inch 655 1,015 1,670 1 1/2 inch 1,305 2,025 3,330 2 inch 2,089 3,241 5,330 3 inch 3,920 6,080 10,000 4 inch 6,535 10,135 16,670 6 inch 13,065 20,265 33,330 8 inch 23,520 36,480 60,000 10 inch 37,895 58,775 96,670 IV. That Section 16 -21 "Connection fees" of Article I, "In General" of Chapter 16 "WATER AND SEWERS" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: Sec. 16-21. Connection fees and impact fees. (a) Water. Prior to receiving service, each consumer shall, upon being connected to the system, pay the appropriate connection fees, as set forth in Chapter 1 1/2 of this Code, including impact fees, tap fees, meter box fees, meter fees, sprinkler meter fees and sprinkler box and fitting fees. (b) Sewer. Sewer impact fees shall be paid solely for the privilege of connection to the system. The cost of installing such connection shall be borne by the user. The impact fee shall be as set forth in Chapter 11/2 of this Code. If there is no water meter serving the property, sewer impact fees shall be calculated based on the size of water meter which would be required for the uses existing on the property. (c) For further information on impact fees, see Division 3, "IMPACT FEES" of this Article I, following Section 16 -26 of this Code. M That Article I "In General" of Chapter 16 "WATER AND SEWERS" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended by the addition of a new Division 3, "IMPACT FEES" thereto, to be codified into Sections and numbered at the discretion of the editors of the Euless Code of Ordinances, which new Division 3 shall hereafter be and read as follows: ORDINANCE NO. 1024 Page 3 A. Definitions. 1. Impact fee. "Impact fee" means a charge or assessment imposed by the city against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. The term includes amortized charges, lump -sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: a. Dedication of land for public parks or payment in lieu of the dedication to serve park needs; b. Dedication of rights -of -way or easements or construction or dedication of on -site water distribution, waste water collection or drainage facilities, or streets, sidewalks or curbs if the dedication or construction is required by ordinance and is necessitated by and attributable to the new development; or C. 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. 2. New development. "New development" means 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. 3. Service unit. "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 engineering or planning standards for a particular category of capital improvements ..or facility expansions. The standard service unit for calculation of impact fees is a 3/4 -inch water meter. Service unit equivalents for larger meters are as follows: Size of Meter Equivalent Factor 3/4 inch 1.00 1 inch 1.67 1 -1/2 inch 3.33 2 inch 5.33 3 inch 10.00 4 inch 16.67 6 inch 33.33 8 inch 60.00 10 inch 96.67 ORDINANCE NO. 1024 Page 4 4. Service area. "Service area" used in determining impact fees is the area encompassed by the corporate limits of the City of Euless, Texas. S. Capital Improvements Plan. "Capital Improvements Plan" means the Plan currently in effect within the City of Euless, Texas, as same may, from time to time, be amended, that identifies capital improvements or facility expansions for which impact fees may be assessed under this Chapter. 6. Capital improvement. "Capital improvement" means water supply, treatment and distribution facilities; waste water collection and treatment facilities; roadway facilities and storm water, drainage, and flood control facilities, whether or not they are located within the corporate limits of the City of Euless, Texas. 7. Facility expansion. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. This term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. B. Amount of Impact Fee. Water and sewer impact fees to be charged pursuant to this Chapter are set forth in Section 1 1/2 -16.21 of Chapter 1 1/2 "SCHEDULE OF FEES" of this Code, and may be amended from time to time in the manner provided by law. The total impact fee for new development shall be calculated based on the number of service units or service unit equivalents attributable to such new development. C. Time for Assessment and Collection of Impact Fees. 1. For new development which was platted prior to June 12, 1990, impact fees for service units for which building permits have not been issued prior to such date shall be assessed as of such date; provided, however, that for any service unit for which a building permit is issued prior to June 12, 1991, no impact fee so assessed shall be collected. On any service unit for which a building permit is issued after June 12, 1991, the impact fee shall be collected at the time application for building permit is made, and payment of such impact fee shall be a condition precedent to the acceptance of such application for a building permit. 2. For new development platted after June 12, 1990, the impact fees attributable to such new development shall be assessed at the time of recordation of a subdivision plat or other plat for said development in the official records of the County Clerk of Tarrant County, Texas. Except as provided by the following section, impact fees so assessed shall be collected at the time the city issues a ORDINANCE NO. 1024 Page 5 building permit for any unit of such new development, and payment of such fee shall be a condition precedent to the issuance of such building permit. 3. For land upon which new development occurs or is proposed to occur without platting, impact fees may be assessed by the city at any time during the development and building process. The impact fees shall be collected either at the time the city issues a building permit for such development, or at the time of request for connection or reconnection to the City's water or sewer service system, whichever shall first occur, and payment of such impact fee shall be a condition precedent to the issuance of such building permit or to authorization for connection to city water or sewer service, as applicable. 4. If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using the impact fee schedule then in effect, with credits for previous payment of fees being applied against the new fees due. S. Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees assessed for such new service units shall be determined by using the impact fee schedule then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. 6. As used in this section, "assessment" means a determination of the amount of the impact fee in effect on the date or occurrence provided in this section. No specific act by the city is required in order to assess an impact fee. D. Agreements for Capital Improvements. 1. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the Capital Improvements Plan, if required or authorized by the city, by entering into an agreement with the city prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the city, and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to city standards and such other terms and conditions as deemed necessary by the city. Such agreement shall provide for an offset to be given against the impact fees due for such development, and shall also provide the method to be used to determine the amount of such offset. 2. In lieu of the offset provisions set forth above, the city may elect to require an owner to pay the applicable impact fees and agree to later reimburse such owner for the dedication, construction ORDINANCE NO. 1024 Page 6 or financing of capital improvements or facility expansions designated in the Capital Improvements Plan, such reimbursement to come from impact fees paid from other new developments that will use such capital improvements or facility expansions. In this event, the terms of reimbursement shall be incorporated in the agreement required by this section; provided, however, that such fees shall be collected and reimbursed to the owner at the time the other new development records its plat. E. Accounting for Impact Fees and Interest Thereon. 1. All water impact fees collected under this Chapter shall be deposited into an interest - bearing account clearly identified as a water system capital improvements or facility expansions account, and may be spent only for the purposes for which such impact fees were imposed as shown by the Capital Improvements Plan and as authorized by state law. 2. All sewer impact fees collected under this Chapter shall be deposited into an interest - bearing account clearly identified as a sewer system capital improvements or facility expansions account, and may be spent only for the purposes for which such impact fees were imposed as shown by the Capital Improvements Plan and as authorized by state law. 3. Interest earned on impact fees in each such account shall be considered funds of the account on which it is earned and is subject to all restrictions placed on the use of impact fees under this Chapter and state law. 4. Adequate records shall be kept and maintained for said accounts which shall show the source and disbursement of all funds placed in or expended from such account. All such records of the accounts into which impact fees are deposited shall be open for public inspection and copying during. regular. business hours, subject to the provisions of Chapter 1 1/2 of this Code concerning cost of copies. F. Variances and Waivers. The City Council may grant a variance or waiver from any requirement of this Chapter, upon written request by a developer or owner of property subject to this Chapter, following a public hearing, upon a finding that a strict application of such requirement would result in a confiscation of the property, or would result in an unnecessary hardship to the owner of said property; provided, however, that such a variance or waiver shall not be granted to relieve a self- created or personal hardship, nor shall such variance or waiver be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land similarly situated. ORDINANCE NO. 1024 Page 7 G. Appeals. I. 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; or (3) the amount of a refund due, if any, as provided by state law. 2. The burden of proof shall be on the appellant to demonstrate the inapplicability of an impact fee to the development, that the amount of the impact fee was not calculated according to the applicable requirements of this Chapter, or that the amount of the refund due was not calculated in accordance with state law. 3. To perfect such an appeal, the applicant must file a notice of appeal with the City Secretary within thirty (30) days following the date of the determination being appealed. If the notice of appeal is accompanied 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; provided, however, that no building permit shall be issued for such development until such appeal is finally determined by the City Council. Such appeal shall be considered to be determined on the date the City Council takes a final vote upon the question being appealed. H. No Effect on Taxes or Other Charees. This ordinance does not prohibit, affect or regulate any tax, fee, charge or assessment specifically authorized by state law, or the Charter or ordinances of the City of Euless, Texas. The fees imposed by this ordinance are in addition to any other tax, fee, charge or assessment authorized by state law, the Charter or ordinances of the City of Euless, Texas. This ordinance also does not prohibit, affect, or regulate any charges or required construction of improvements_ for new development for the primary use or benefit of such new development and which are not included in the Capital Improvements Plan, for which an impact fee is not imposed under this ordinance, and for which the developer or property owner is solely responsible under the subdivision or other applicable ordinances or regulations of the City of Euless, Texas. I. Authority; Application of State Law. This ordinance is adopted under the authority and pursuant to the provisions of Chapter 395 of the Texas Local Government Code. Such Chapter contains additional provisions applicable to the calculation, assessment, imposition and collection of impact fees, and concerning the administration of the capital improvements program and procedures for updates and amendments to the Land Use Assumptions, Capital Improvements Plan and impact fees. All areas covered by such Chapter ORDINANCE NO. 1024 Page 8 which are not specifically addressed in this ordinance shall be governed by the provisions of said Chapter 395 of the Texas Local Government Code, as same may be hereafter amended by the Texas Legislature, and by any additional chapters which the Texas Legislature may enact to the Local Government Code concerning impact fees and the .Capital Improvements Plan. In the event the Texas Legislature amends said Chapter 395 to change any of the definitions contained therein, the definitions of terms contained in this Division shall be modified accordingly upon the effective date of such Legislative amendment. CJ 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 the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VII. Saving Clause. That Chapters 1 1/2 and 16 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. VIII. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 22nd day of May, 1990; by a vote of 5 ayes, 0 nays, and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 12th day of June, 1990; by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: 24�e� r—� -- Harold Samuels, Mayor ATTEST: Susan Crim, City Secretary ORDINANCE NO. 1 1024 Page 9 APPROVED AS TO FORM: ob McFarland, City Attorney 0174a/dd/060490 ORDINANCE NO. 1024 Page 10