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Home My WebLink AboutORD 1998-042 ORDINANCE NO. 98-42 �°``"` AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS APPROVING AND ADOPTING AN AMENDED CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER IMPROVEMENTS AND IMPOSING AMENDED WATER AND WASTEWATER IMPACT FEES; AMENDING SECTION 25-25, DIVISION I, ARTICLE II, CHAPTER 25 OF THE GRAPEVINE CODE OF ORDINANCES RELATING TO UTILITIES AND SERVICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Chapter 395, as amended (the "Code") (formerly Tex.Rev.Civ.Stat.Ann. art. 1269j-4.11, as amended), provides a procedure enabling municipalities to enact impact fees; and WHEREAS, on May 6, 1997, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider land use assumptions to be used to M� develop a capital improvements plan pursuant to which water and wastewater impact fees would be imposed; and �;.,_� WHEREAS, on May 6, 1997, after compliance with all legal prerequisites, the City Council approved the land use assumptions upon the adoption of Resolution No. 97-25; and WHEREAS, on April 7, 1998, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider adopting an Amended Water and Wastewater Capital Improvements Plan and imposing Amended Water and Wastewater Impact Fees within the designated service area consisting of the entire area within the City limits of the City of Grapevine, Texas, excluding Tract 1, as was shown on the Service Area Map published in the notice of the April 7, 1998 public hearing; and WHEREAS, the City Council hereby desires to adopt the Amended Capital Improvements Plan for Water and Wastewater Improvements (the "Amended Water and Wastewater Capital Improvements Plan") which was considered at the April 7, 1998 public hearing; and WHEREAS, the Amended Water and Wastewater Capital Improvements Plan was developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014 of the Texas Local Government k Code; and �.� WHEREAS, the City Council hereby finds and determines that all legal prerequisites have been complied with. `�"�° NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, 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. The City Council hereby approves and adopts the Amended Water and Wastewater Capital Improvements Plan, and the Amended Water and Wastewater Impact Fees identified in the Update of Water and Wastewater System Impact Fees Report dated February, 1998, prepared by Freese and Nichols, Inc. A copy of said Report shall be maintained at all times in the office of the City Secretary. Section 3. Section 25-25, (a), Division I, Article II, Chapter 25 of the Grapevine Code of Ordinances relating to Utilities and Services is hereby amended in its entirety to read as follows: "Section 25-25. Same — Capital impact fee. (a) Amount of capital imeact fee, (1) An impact fee shall be assessed at the time the subdivision plat is approved �..�.;, and recorded against each lot or tract of land and the owner thereof whose water and/or wastewater line shall be connected with any water line in the city, and the fee shall be assessed at the rates stated in Exhibit A, attached hereto and made a part hereof as if copied in its entirety. (2) For purposes of determining the capital impact fee, Single Family shall include the following zoning districts and any other districts developed for single family purposes: R-20, R-12.5, R-7.5, R-5.0, R-MH, R-MODH, PRD-6, PRD-12, and S-P for single family development and conditional uses for single family development. (3) For purposes of determining the capital impact fee, Multi-Family shall include the following zoning districts and any other districts developed for multi-family purposes: R-3.5, R-3.75, R-TH, R-MF-1, R-MF-2, PRD-6, PRD-12 and S-P for multi-family development and conditional uses for multi-family development. (4) For purposes of determining the capital impact fee, Commercial/Industrial shall include the following zoning districts and any other districts developed for commercial or industrial purposes, except hotel, and corporate office: LB, CN, CC, HC, CBD, LI, PCD, PID, GU, BP, GV, HGT, RA, and S-P for all commercial � and industrial development and conditional uses for commercial and industrial �<.�, development. ORD. NO. 98-42 2 (5) For purposes of determining the capital impact fee, Corporate Office shall include the following zoning districts and any other districts developed for hotels fifty feet (50') in height or less and corporate office purposes: HCO, PCD, PID, "'�° BP, PO, CC, GU and S-P for hotel fifty feet (50') in height or less and all corporate office development and conditional uses for hotel fifty (50') in height or less and all corporate office development. (6) For purposes of determining the capital impact fee, Hotel shall include the following zoning districts and any other districts developed for hotel purposes: HCO, PCD, PID, BP, CC, GU and S-P for all hotel development consisting of hotels greater than fifty feet (50') feet in height and conditional uses for hotel development greater than fifty feet (50') in height. (7) The capital impact fees for both water and wastewater are based upon a Single Family Living Unit Equivalent ("SFLUE") unit of ineasurement. The SFLUE is established from the average usage of both water and wastewater by a single family residence. The six land use categories, Single Family, Multi-Family, Commercial/Industrial, Hotel, Corporate Office, and Government Use are each assigned the following SFLUE: Category Water Wastewater Per unit of 1.00 1.00 ;�,{� Single Family Per unit of 0.39 0.39 Multi-Family Per Acre of 2.58 3.42 Commercial/Industrial Per Acre of 11.82 15.70 Hotel > 50 Ft Per Acre of 7.52 9.99 Corporate Office Per Acre of 2.58 3.42 Government Use The assigned SFLUE's are based upon the anticipated usages per unit or acre for each land use category compared to the usage per single family residence. Being the basis for the SFLUE, Single Family is assigned an SFLUE of 1.00. Depending on the � amount of water and wastewater usage, land use categories other than Single Family �:� have a greater or lesser SFLUE than the SFLUE assigned to Single Family." ORD. NO. 98-42 3 Section 4. That all of the provisions of Division I, Article II, Chapter 25 of the �.,.� Grapevine Code of Ordinances relating to Utilities and Services is ratified and approved except for those provisions that are in conflict with this ordinance. 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 remain in full force and effect. Section 6. This ordinance shall become effective immediately from and after its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the �th day of April , 1998. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 2�st day of April , 1998. APPROVED: �,..�m �`=� � William D. Tate ATTEST: iVlayor � � �� o i Brown ssistant City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney �� ORD. 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