HomeMy WebLinkAbout1111 05-25-1993ORDINANCE NO. 1111
AN ORDINANCE APPROVING THE ADOPTION OF THE
UPDATED LAND USE ASSUMPTIONS AND UPDATED
CAPITAL IMPROVEMENTS PLAN 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; AMENDING SECTION 86-66
"DEFINITIONS" OF CHAPTER 86, "UTILITIES" OF SAID
CODE OF ORDINANCES TO ADD AND REVISE CERTAIN
DEFINITIONS; 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, the City Council of the City of Euless, Texas, has heretofore
directed the City staff to prepare updated Land Use Assumptions to be used in
preparation of an updated Capital Improvements Plan and revised impact fees based
thereon; and
WHEREAS, such updated Land Use Assumptions have been prepared and have
been available for public inspection as provided by law; and
WHEREAS, an updated Capital Improvements Plan based on said updated 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 finds 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 updated Land Use Assumptions,
Capital Improvements Plan and impact fees; and
WHEREAS, the Capital Improvements Advisory Committee has reviewed the
proposed updated Land Use Assumptions and updated Capital Improvements Plan
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
ORDINANCE NO. 1111 Page 1
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:
I.
That the updated Land Use Assumptions dated February, 1993 and updated
Capital Improvements Plan dated April, 1993, for the City of Euless, Texas, are
hereby approved and adopted as the Land Use Assumptions and Capital
Improvements Plan for the City of Euless, Texas, and the basis for imposition of the
revised impact fees set forth below.
II.
That the imposition of the revised impact fees set forth hereinbelow is hereby
approved.
III.
That subsection (d) "Water and Sewer Impact Fees" of 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, be hereby amended to reflect the revised impact
fees contained on "Attachment A" attached hereto and incorporated herein for all
purposes.
IV.
That a new subsection entitled "Service Units" be added to the definitions list
contained in Section 86 -66 "Definitions" of Chapter 86 "UTILITIES" of the Code of
Ordinances, City of Euless, Texas, as amended, which new subsection shall
hereafter be and read as follows:
"Living Unit Equivalents means the living unit equivalents (LUE) or "service
units" and is a standardized measurement for consumption, use, generation or
discharge that is attributed to an individual unit of development. Different types of
land uses produce differing demands on the water and wastewater system. The
magnitude of the potential demand that can be placed on the system is best
described by the flow that can be accommodated through the tap or meter ".
V.
That the subsection entitled "Service Area" of Section 86 -66 "Definitions" of
Chapter 86 "UTILITIES" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
"Service Area means the service area for which potable water and wastewater
systems are intended to serve and is limited to the corporate city limits of Euless,
exclusive of the land area located east of State Highway 360 and owned by the
Dallas /Fort Worth International Airport.
ORDINANCE NO. 1111 Page 2
VI.
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 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.
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 and approved at a regular meeting
of the Euless City Council on the 25th day of May, 1993; by a vote of 6—
ayes, o nays and 0 abstentions.
APPROVED:
�� 41
LIP
A
Harold SariVuels, Mayor
ATTEST: CT
Susan Crim, City Secretary 0
244mlib/bh/051193
ORDINANCE NO. 1111 Page 3
ATTACHMENT "A"
(d) Water and sewer impact fees:
Size of Meter
Water
Sewer
Total
3/4 inch or smaller
592
746
1,338
finch
989
1,246
2,235
1 1/2 inch
1,971
2,484
4,455
2 inch
3,155
3,976
7,131
3 inch
5,920
7,460
13,380
4 inch
9,869
12,436
22,305
6 inch
19,731
24,864
44,595
8 inch
35,520
44,760
80,280
10 inch
57,229
72,116
129,345
296m1ib/bh/051193
ORDINANCE NO. 1111