HomeMy WebLinkAbout1497 09-11-2001ORDINANCE NO. 1497
AN ORDINANCE AMENDING SECTIONS 86 -68 AND 86 -69 OF
ARTICLE II "WATER AND SANITARY SEWER SYSTEMS" OF
CHAPTER 86 "UTILITIES" OF THE CODE OF ORDINANCES,
CITY OF EULESS, TEXAS, AS AMENDED; AMENDING SAID
SECTIONS TO CLARIFY THAT IMPACT FEES SHALL IN ALL
CASES BE COLLECTED AT THE TIME OF ISSUANCE OF A
BUILDING PERMIT FOR THE SERVICE UNIT AFFECTED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless has enacted ordinances concerning the calculation,
assessment and collection of impact fees, contained in Division 3 "Impact Fees" of Article II
"Water and Sanitary Sewer Systems" of Chapter 86 "UTILITIES" of the Euless Code of
Ordinances; and
WHEREAS, the 77"' Texas Legislature amended Chapter 395 of the Texas Local
Government Code to require that all impact fees be collected at the time of the issuance of a
building permit for the benefited property; and
WHEREAS, such legislative changes require the following amendments to Section 86-
68 and 86 -69 of the Euless Code of Ordinances, to clarify that impact fees shall in all cases be
collected at the time of the issuance of a building permit for the benefited property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1
That subsection (c) of Section 86 -68 "Time for assessment and collection of impact
fees" of Division 3 "Impact Fees" of Article II "Water and Sanitary Sewer Systems" of
Chapter 86 "UTILITIES" of the Code of Ordinances of the City of Euless, Texas, as amended,
be hereby amended to hereafter be and read as follows:
(c) 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 at the
time the city issues a building permit for such development, and payment of
such impact fee shall be a condition precedent to the issuance of such building
permit.
SECTION 2
That subsection (b) of Section 86 -69 "Agreements for capital improvements" of
Division 3 "Impact Fees" of Article II "Water and Sanitary Sewer Systems" of Chapter 86
"UTILITIES" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby
amended to hereafter be and read as follows:
(b) In lieu of the offset provisions set forth in subsection (a), 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 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 building permits are issued for the other new
development.
SECTION 3
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.
SECTION 4
Saving Clause. That Chapter 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 5
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
meeting of the Euless City Council on the
ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib %W , Mayor
ATTEST:
n r m, CMC City Secretary
ORDINANCE NO. 1497, Page 2 of 2
AND FINAL READING and approved at a regular
11th day of September, 2001, by a vote of 6
APPROVED AS TO FORM:
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