HomeMy WebLinkAbout1026 07-10-1990ORDINANCE NO. 1026
AN ORDINANCE AMENDING PARAGRAPH 1 OF
SUBSECTION C "TRAE FOR ASSESSMENT AND COLLECTION
OF IMPACT FEES." OF SECTION V OF ORDINANCE NO. 1024
OF THE CITY OF EULESS, TEXAS; COMMONLY KNOWN AS
THE "IMPACT FEE ORDINANCE'; CLARIFYING TIMES FOR
ASSESSMENT AND COLLECTION OF IMPACT FEES;
DIRECTING THAT THIS AMENDMENT BE INCORPORATED
INTO ORDINANCE NO. 1024 AT THE TIME OF ITS
CODIFICATION INTO THE EULESS CODE OF ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Euless Ordinance No. 1024, commonly known as the "Impact
Fee Ordinance ", was passed by the Euless City Council upon second reading on
June 12, 1990; and
WHEREAS, Section 395.016 of the Texas Local Government Code provides for
the assessment and collection of impact fees previously in place as to service units
for which building permits are issued with respect to certain subdivisions and real
property platted prior to the adoption of Ordinance 1024 and for a period of one (1)
year from the effective date thereof; and
WHEREAS, because such provision of state law controls the assessment and
collection of such impact fees as to such properties for such one (1) year period; and
WHEREAS, it is the desire of the Euless City Council to incorporate within
Ordinance 1024 the provisions of such state law so that builders, developers and
others may determine from the terms of such ordinance the appropriate impact fee
charged without reference also to applicable state law; and
WHEREAS, the City Council of the City of Euless, Texas, therefore finds that
this amendment should be made to clarify the procedures for assessment and
collection of impact fees under the Euless Impact Fee Ordinance. -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
That paragraph 1 of Subsection C "Time for Assessment and Collection of
Impact Fees." of Section V of City of Euless Ordinance No. 1024 be hereby amended
to hereafter be and read as follows:
ORDINANCE NO. 1026 Page 1
"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 June 12, 1990. For any
such service unit for which a building permit is issued prior to June 12,
1991, the impact fees for such service unit shall be assessed in an amount
equal to the impact fees assessed and charged for such service units prior
to June 12, 1990, and shall be collected at the time a building permit for
such service unit is issued. For any such service unit for which a building
permit is issued on or after June 12, 1991, impact fees shall be assessed at
the time provided above in the amount specified in Section III hereof,
codified as Section 1 112 -16.21 of Chapter 1 1/2 of this Code, and shall be
collected at the time the City issues a building permit for such service
unit. In all cases, payment of such impact fees shall be a condition
precedent to the issuance of a building permit for any service unit."
II.
This amendment shall be incorporated into Ordinance No. 1024 and shall be
codified as a part of Ordinance No. 1024 at the time said ordinance is codified into
the Euless Code of Ordinances, in replacement for paragraph 1 of Subsection C
"Time for Assessment and Collection of Impact Fees." of Section V of said Ordinance
No. 1024.
III.
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.
IV.
Saving Clause. That Ordinance No. 1024 and 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.
V.
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.
ORDINANCE NO. 1026 Page 2
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 26th day of June , 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 10th day of July 1990; by a vote
of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
Bob Eden, Mayor Pro Tem
ATTEST-
Susan Crim, City Secretary
0178a/dd/061590
ORDINANCE NO. 1026 Page 3