HomeMy WebLinkAboutORD 1985-014 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 85-14
AN ORDINANCE MAKING FINDINGS A�TD DETERMINATIONS
RELATNE TO A PLAN OF DEVELOPMENT FOR THE CITY OF
GRAPEVINE, TEXAS; PROVIDING FOR WATER AND WASTE
WATER CAPITAL RECOVERY FEES IN THE CITY BY THE
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AMENDMENT OF CHAPTER 25 ARTICLE II OF THE CITY CODE
RELATING TO WATER AND WASTE WATER BY AMENDING
SECTIONS 25-20, 25-25, AND 25-26; PROVIDING FOR METHOD
OF PAYMENT; REPEALING ALL INCONSISTENT ORDINANCES;
�°� PROVIDING EXCEPTIONS; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON
EACH DAY DURING ON ON WHICH A VIOLATION OCCURS;
PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN
EMERGENCY
WHEREAS, the City Council has determined that as a result of increased
growth and higher density development, projected increased growth and higher
density development, and other factors relating to growth and development in
the City of Grapevine, Texas, (the "City"), it is deemed necessary to approve a
new plan of development for water and waste water lines within the City, (the
"Development Plan"), which plan was approved with the passage of Ordinance
No.85--13; and
WHEREAS, the City Council has determined after substantial study, a
number of public meetings and work sessions that included input from owners
and developers of land within the City that the cost of constructing the improve-
ments called for in the Development Plan should be paid for on an equitable and
fair basis that would represent a reasonable method of allocating said additional
costs brought about primarily because of the increased growth and higher density
��_� in the City by the adoption of a capital recovery fee; and
WHEREAS, the City Council finds that the estimated costs contained in
"��" the Development Plan are based on sound engineering calculations and analyses
and are reasonable, and should be allocated 100% to the increased browth and
higher density development and that of the costs so allocated 49.53% should be
allocated to residential growth and 50.47% should be allocated to commereial
and industrial growth; and
WHEREAS, the City Council does hereby find, based on a detailed
• engineering study that the estimated cost of the Development Plan, including
both water and waste water lines, is $23,929,070 and that 49.53% of said
$23,929,070 is $11,852,068, and that 50.47% of said $23,929,070 is $12,077,001;
and
WHEREAS, the City Council finds based on engineering projections that
the new growth and higher density development projected within the City will
contain approximately 17,157 new residential units and 3752.4 acres of
construction of commercial, industrial and other non-residential uses; and
WHEREAS, the City Council does hereby find and conclude that based on
the studies and the findings contained in this ordinance that a fair, reasonable
and equitable capital recovery fee for all residential develo�ment is $690.80 per
residential unit for both water and waste water service, said $690.80 having been
�� arrived at by dividing $11,852,068 by 17,157 units; and
WHEI�.EAS, the City Council does hereby find and conclude that based on
,�„ the studies and the findings contained in this ordinance that a fair, reasonable
and equitable capital recovery fee for all commercial, industrial and other non-
residential development is $3,218.47 per acre for both water and waste water
service, said $3,218.47 having been arrived at by dividing $12,077,001 by 3,752.4
acres; and
WHEREAS, the City Council has concluded that the capital recovery fees
as contained in this ordinance represent a fair, reasonable and equitable
allocation of costs; and finds and determines that the provisions of this
ordinance are in the best interests of the health, safety, morals, and betterment
of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That all of the findings contained in the preamble are found
to be true and correct and the City Council does hereby incorporate said findings
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 are not amended but are hereby
ratified, verified and affirmed:
A. That Section 25-20 is hereby amended by adding the following
definition:
"Capital Recovery Fee: A charge in addition to tap charges made
against the customer or property owner to pay a proportionate
share of the total cost of water and waste water system
improvements within the city."
B. That Section 25-20 is hereby amended by deleting the following
definition in its entirety:
"Pro rata: A charge in addition to tap charges made against the
c�stomer or property owner to pay a portion of the total cost of
water and/or waste water mains that serve his property whether or
not said water and/or waste water lines extend across his entire
front footage. It is the intent of the charge to pay one-half the
cost of installing a "typical" water and/or waste water line across
the front footage of each lot so that, at the time the property
along such lines is totally developed the utility improvements will
be substantially paid for by those citizens receiving the direct
.� -• benefit excluding those portions crossing streets or providing
outfall service, lift stations, force mains, fire protection or water
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and waste water treatment facilities."
C. That Section 25-25 is hereby amended to read as follows:
"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 $ 690.80
Per acre of commercial and industrial
development $3,218.47
(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-
�r� MODH, R-TH, PRD-6, PRD-12 and S-P for residential development
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, HC, P-O, 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:
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a. Cash payment in full prior to the issuance of any Building
Permit for the development, or
b. Equal installment payments paid over a five (5) year period
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 plus interest at one and one-half (1 1/2) per
cent per month on the unpaid balance. 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
�.,.,mti 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.
(2) All funds collected under the provisions of this Section shall
be credited and applied to a fund characterized as a capital
improvement fund established to carry out the Development Plan.
(c) Review of Development Plan.
(1) As of October 1 of each year, the Director of Public Works
shall review the Development Plan to determine whether the
projected total development, projected cost of improvements and
the allocation of said costs within the city is accurately reflected.
(2) A report of the Director of Public Works detailing his
findings upon review of the Development Plan shall be presented to
the City Council.
� � (3) The City Council upon receipt of the report from the
Director of Public Works shall determine whether the capital
recovery fees shall be adjusted. If an adjustment is necessary, the
��.,� City Council shall amend this Section 25-25 to accurately reflect
the changes and all capital recovery fees thereafter shall be
calculated accordingly. All previously calculated fees shall remain
in full force and effect.
(d) Use of Capital Recovery Fees.
(1) A11 capital recovery fees shall be used and expended solely
for the purpose of construction of authorized capital improve-
ments included within the Development Plan.
(2) As part of the report required by Section 25-25(c)(1), the
Director of Public Works shall prepare a study to be presented to
the City Council for approval projecting the anticipated total
capital recovery fees to be collected and a capital improvement
construction plan outlining his recommended order in which the
capital improvements shall be made.
(3) Upon approval of the study by the City Council, the
Director of Public Works shall be responsible for overseeing the
capital improvement construction plan.
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(e) Compliance with Other Regulations.
(1) In addition to the capital recovery fees, e�ch property owner
shall:
a. Construct or provide for the construction of all water and
waste water lines located within, contiguous or adjacent to their
property necessary to satisfy the city's minimum specifications and
requirements but that are not a part of the Development Plan for
the city; and
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b. Pay all tapping and meter charges in accordance with
applicable provisions of the City Code and all other rules and
regulations of the city.
(f) Refunding Agreement.
(1) In the event the property owner constructs or has construc-
ted necessary water and waste water lines in lieu of payment of a
capital recovery fee or in addition to the capital recovery fee
required under Section 25-25(a) that results in the property owner
expending more than the capital recovery fee required, said
additional amount shall be calculated by the Director of Public
Works and for a period of fifteen (15) years or until the property
owner receives total reimbursement for the costs expended over
the cost of the capital recovery fee, the property owner shall be
entitled to capital recovery fees received by the city on a parity
basis with any other property owner entitled to such payments.
Parity shall mean that in the event there are two (2) or more
property owners entitled to reimbursement from the capital
recovery fees, the amount of refund shall be based on the total
amount still due all of the property owners entitled to recovery of
fees divided into the amount due each property owner. For
example: "A" is entitled initially to receive $500,000; "B" is
entitled initially to receive $300,000. At the time the capital
recovery fees are to be refunded, "A" is still owed $300,000 and
"B" is still owed $300,000. Therefore, the recovery fees would be
split 50-50.
(g) Effect of this Section 25-25.
(1) This Section 25-25 is subject to amendment by the City
Council pursuant to its governmental and legislative power and
upon a finding and conclusion that the then current studies and
actual development and construction of capital improvements
reflect a change in the estimates and projections used to calculate
'��""�" the total change in the estimates and projections used to calculate
the total projected cost of capital improvements and total
development within the city and the resulting capital improvement
fee.
(2) The payment and collection of the capital improvement fees
established and collected pursuant to this Section 25-25 shall not
obligate the city to provide any specific capital improvement
unless approved by the City Council and shall not guarantee any
specific level or quality of capital improvement."
D. That Section 25-26 is hereby amended to read as follows:
"Section 25-26. Same - Installment payment of tap fee.
(a) The tap fee to natural persons owning lots used only for
residential purposes and desiring services enumerated in this article
may be paid by installments or in lump sum. If the ownere elects
to pay by instaliment, the principal and interest shail be paid in
fourteen (14) equal monthly installments and the balance paid on
the final and fifteenth payment.
(b) Natural persons shall not include a corporation, firm,
partnership or association of persons.
(c) Interest provided in subsection (a) hereof shall be at one and
one-half (1 1/2) per cent per month on the unpaid balance.
(d) Payment shall be made within ten (10) days after receipt of
billing.
(e) Failure to make timely payment on the installment account
and/or failure to timely pay water and/or sewer bills shall
authorize the city to immediately discontinue service.
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(f) The office of city attorney shall prepare a standard form
contract for all installment accounts which must be executed by
the owner of the property to be served and 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 qrior to the effective date of this ordinance shall apply and remain in full
force and effect.
Section 4. Any person violating any of the provisions of this ordiriance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate
offense shall be deemed committed upon each day on which a violation occurs
or continues.
Section 5. 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
holding shall not affect the validity of the remaining portions of the ordinance;
and the City Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining portions shall
,�;�:W, remain in full force and effect.
Section 6. 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 'PHE CITY COUNCIL of the City of
Grapevine, Texas, this the lg� day of �� , 1985.
�is�
Mayo , City of Grapevine, TeYas
ATTEST:
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���
i y Secretary
[SEAL]
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APPROVED AS TO FORM:
i� '
City Attorney
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