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HomeMy WebLinkAboutORD 1987-003 CITY OF GRAPEVINE, TEXAS ORDII�TANCE NO. 87-p3 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE II OF THE CITY CODE RELATING TO WATER AND WASTE WATER BY AMENDING SECTION 25-25(a) TO REFLECT ADJUSTMENTS IN THE CAPITAL RECOVERY FEE FOR RESIDENTIAL, COMMER- CIAL AND INDUSTRIAL USES DUE TO THE ADOPTION OF A NEW WATER AND WASTE WATER SYSTEM DEVELOPMENT PLAN ''�" FOR THE CITY OF GRAPEVINE, TEXAS; AND BY AMENDING SECTION 25-25(b) TO REFLECT A CHANGE IN INTEREST RATE PAYABLE ON INSTALLMENT PAYMENTS REPEALING ALL IN- :r� CONSISTENT ORDINANCES; PROVIDIIVG A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. WHEREAS, the City Council previously adopted a water and waste water system development plan for the City of Grapevine, Texas (the "City") which plan was approved with the passage of Ordinance No. 85-13; and WHEREAS, the City Council previously provided for funding of the plan by amending Chapter 25, Article II of the City Code to reflect a specific rate of capital recovery fees allocated to residential, commercial, and industrial uses which funding was approved with the passage of Ordinance No. 85-14; and WHEREAS, the City Council previously approved an increase in the fees allocated to residential, commercial, and industrial uses due to the increased cost of the plan which increased fees were approved with the passage of Ordinance No. �5-71; and WHEREAS, the City Council recently adopted a new Waste Water Collection and Water Distribution l�7aster Plan for the City (the "Master Plan") which Master Plan was approved with the passage of Ordinance No. 87-02 and �, replaced the plan adopted by Ordinance No. 85-13; and WHEREAS, changes in zoning on land within the City occurred subsequent +�r�wr to the passage of Ordinance No. 85-13 which resulted in changes in demand on the water and waste water system plan and caused the need for the adoption of the Master Plan; and WHEREAS, the changes in demand and the projections of such demand to ultimate build-out in the year 2027 have resulted in an increase in the total cost for capital improvements to the water and waste water system; and WHEREAS, the total cost for ultimate future needs for capital im- provements to the water and waste water system of the City has increased to $37,774,660.00 without taking into account the debt service on the sewer expansion; and dV?'�EREAS, the City Council does hereby find and conclude that based on revised engineering projections that development in the City will contain approximately 14,771 new residential units and 3,529.95 acres of construction of commercial, industrial and other non-residential uses; and WHEREAS, the City Council, based upon the recommendation of the City Staff, has determined that it is in the best interest of the citizens of the City to adjust the capital recovery fees based upon the capital improvement projects ,�,,�� identified in the Master Plan needed through the year 2000 and reanalyze the needs from the year 2001 through 2027 and make any necessary adjustments to the fees upon such reanalysis; and '�"�` WHEREAS, the capital improvement projects identified in the Master Plan needed to be constructed by the year 2000 total $30,072,013.00 without taking into account debt service on the sewer expansion which amount equals approximately 79.6% of the total capital improvement needs to ultimate build out ($37,774,660.00 X 79.6% _ $30,072,013.00); and WHEREAS, of the $30,072,013.00, 51.71% or $15,550,238.00, to be allocated for residential uses and 48.29°� or $14,521,775.00 is to be allocated for commercial, industrial and other non-residential uses; and WHEREAS, based upon the capital improvement projects identified in the Master Plan which need to be constructed through the year 2000, an adjustment in the capital recovery fees allocated to residential, commercial, industrial and other non-residential uses is currently necessitated; and WHEREAS, the City Council finds and concludes that based on revised engineering projections in connection with the Master Plan that a fair, reasonable and equitable adjustment of the capital recovery fee for all residential development is an increase of $92.92 per residential unit for both water and waste water service for a total fee of $1,052.75; and '"`""` WHEREAS, the City Council finds and concludes that based on revised engineering projections in connection with the Master Plan that a fair, reasonable and equitable adjustment of the capital recovery fee for all vr�� commercial, industrial and other non-residential development is a decrease of $95.74 per acre for both water and waste water services for a total fee of $4,114.30; and WHEREAS, the City Council hereby concludes the adjustments in the capital recovery fees as contained in this ordinance are in the best interests of the health, safety, morals and betterment of the citizens of the City; and WHEREAS, the City Council finds and concludes that every tract of land to be served by the Master Plan shall receive an actual benefit equal to or in excess of the capital recovery fee to be paid as a result of having the capital improvements designated by the Master Plan constructed. ImTOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPFVIl�TE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Chapter 25, Article II of the City Code is hereby amended in the following particulars and all other sections, subsections, �' paragraphs, definitions, words and phrases of said City Code are not amended but are hereby ratified, verified and affirmed: � "Section 25-25. Same - Capital Recovery Fee. (a) Amount of Capital Recovery Fee. (1) A fee shall be charged against each lot or tract of land and the owner thereof whose water and/or waste water line shall be connected with any water main and/or waste water main in the city, and the fee shall be charged at the following rates: Per unit of residential development $1,052.75 Per acre of commercial and industrial $4,114.30 development (2) For purposes of determining the capital recovery fee, residential development shall include the following zoning districts and any other districts developed for residential purposes: R-20, R-12.5, R-7.5, R-5.0, R-3.5, R-3.75, R-MH, R-MF-1, R-MF-2, R-3, R-MODH, R-TH, PRD-6, PRD-12 and S-P for residential de- velopment and conditional uses for residential development. � (3) For purposes of determining the capital recovery fee, commercial and industrial development shall include the following zoning districts and any other districts developed for non- residential purposes: CN, CC, IIC, P-P, CBD, HCO, LI, IG, PCD, PID, GU, and S-P for all non-residential uses and conditional uses for all non-residential uses." (b) Payment of Capital Recovery Fee. (1) The capital recovery fee shall be paid as follows: (a) Cash payment in full prior to the issuance of any building permit for development; or -2- (b) Equal installment payments paid over a five ye�r gerio� from the date a building permit is issued with each annual payment being due and payable on the anniversary date of the issuance of the building permit. The annual payment shall include monthly interest on the unpaid balance calculated at a rate of one (1) per cent above the one (1) year Treasury note yield as stated in the Wall Street Journal on October 1 of that year, thereafter, on October 1 of each subsequent year, the interest rate shall be adjusted and shall be calculated at a rate of one (1) per cent above the one (1) year Treasury note yield as stated in the Wall Street Journal on October 1 of that year. The city shall be entitled to pursue all available legal remedies, including but not limited to, �� the right to terminate and cancel or withhold the issuance of a certificate of occupancy upon the failure to pay any installment payment when due. The office of the city attorney shall prepare a standard form contract for all installment accounts which must be executed by the property owner and which shall be filed and recorded with the office of the county clerk in the county in which the property is situated. Section 3. All ordinances and provisions of Chapter 25 of the City Code, or parts thereof, inconsistent or in conflict with the terms of this ordinance are hereby repealed to the extent of the inconsistency or conflict except that the provisions of Chapter 25 of the City Code as hereby amended shall not apply in those instances where a valid sales contract has been entered into and duly executed within ninety (90) days prior to the effective date of this ordinance for the construction of a specific building on vacant property for which no Building Permit has been issued provided a Building Permit is applied for and issued by the City within thirty (30) days of the effective date of this ordinance, in which event the provisions of Chapter 25 of the City Code in effect prior to the effective date of this ordinance shall apply and remain in full force and effect. Section 4. That all funds collected under the provisions of this Ordinance shall be held in trust in a separate fund to be used exclusively for the costs of constructing capital improvements designated in the Master Plan and any amendments to said Master Plan. Section 5. The owners of the tracts of land to be benefitted by the capital improvements designated in the Master Plan shall have the right to be � served by the capital improvements to the extent the waste and water system is available for use. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such h�lding shall not affect the validity of the remaining portions of the ordinance; anr� the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. The fact that no present ordinance of the City of Grapevine provides for adequate and reasonable water and waste water pro rata charges within the City for increased growth and higher density development creates an urgency and an emergency and in the preservation of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after its passage as the law and Charter in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Grapevine, Texas, this the 2p� day of January , 1987• � ayor, City of Grapevine, Tex�.s ATTEST: Ci y Secretary, City of Grapevine, exas [SEAL] PPROVED AS TO FORM: City Attorney, City ra vi , xas