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HomeMy WebLinkAboutORD 1990-032 CITY OF GRAPEVINE ORDINANCE NO. 90-32 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS APPROVING AND ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER IMPROVEMENTS AND IMPOSING WATER AND WASTEWATER IMPACT FEES; AMENDING SECTIONS �, ,. 25-20 AND 25-25, DIVISION I, ARTICLE II, CHAPTER 25 OF THE GRAPEVINE CODE OF ORDINANCES RELATING TO UTILITIES AND SERVICES; PROVIDING TIME FOR COLLECTION OF '�_<� IMPACT FEES; PROVIDING FOR THE ACCOUNTING OF FEES AND INTEREST; PROVIDING FOR REFUNDS; PROVIDING FOR UPDATE; 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 June 20, 1989, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider land use assumptions to be used to develop a capital improvements plan pursuant to which water and wastewater impact fees would be imposed; and WHEREAS, on July 11, 1989, after compliance with all legal prerequisites, the City Council approved the land use assumptions upon the adoption of Resolution No. 89-20; and �" WHEREAS, on June 5, 1990, the City Council conducted a public hearing, after compliance with a11 legal prerequisites, �, � to consider adopting a water and wastewater capital improvements plan and imposing 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 and the City' s Extraterritorial Jurisdiction as was shown on the service area map published in the notice of the June 5, 1990 public hearing; and WHEREAS, the City Council hereby desires to adopt the capital improvements plan for water and wastewater improvements (the "Water and Wastewater Capital Improvements Plan" ) which was considered at the June 5, 1990 public hearing; and WHEREAS, the 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 Code; and WHEREAS, the City Council hereby finds and determines that all legal prerequisites has 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 Water and Wastewater Capital Improvements Plan, and the impact fees indentified in the Capital Improvements Impact Fee Program dated April, 1990, prepared by Freese and Nichols, Inc. A copy of said Capital Improvements Impact Fee Program shall be maintained at all times in the office of the City Secretary. Section 3. Section 25-20, Division 1, Article II, Chapter 25 of the Grapevine Code of Ordinances relating to Utilities and Services is hereby amended by amending the definition of capital recovery fee in its entirety and adding ,,,,,. new definitions for capital impact fee, capital improvements plan, and land use assumptions which definitions shall read as follows: ��°" "Capital impact fee: A charge in addition to tap charges made against the property owner of new development after June 19, 1990 to pay a proportionate share of the total cost of water and wastewater system capital improvements and facility expansions identified in the capital improvements plan necessitated by and attributable to the new development. Capital improvements plan: The water and wastewater capital improvements plan adopted by the City Council, as may be amended from time to time. Capital recovery fee: A charge in addition to tap charges made against the customer or property owner prior to June 19, 1990 to pay a proportionate share of the total cost of water and wastewater system improvements within the city. ,:. .. Land use assumptions: The land use assumptions adopted by the City Council upon � r which the capital impact fees are based. ° Section 4 . Section 25-25, 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 impact fee. ( 1) A fee shall be charged against each lot or tract of land and the owner thereof whose water and/or wastewater line shall be connected with any water line and/or wastewater line in the city, and the fee shall be charged at the following rates: CategorX Water Wastewater �.,� Per Unit of $ 764 .00 $ 140. 00 Single Family Per Unit of 290 . 32 53 .20 �� Multi-Family Per Acre of 2,001 . 68 485 . 80 Commercial/ Industrial Per Acre of 14,317 . 36 3,484 . 60 . Hotel/CorpQrate Office -2- 0418L ' ' (2) For purposes of deter- mining 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 ,� a development. (3) For purposes of deter- mining 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 condi- tional 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, and S-P for all commercial and -- industrial development and conditional uses for commercial and industrial development. � , (5) For purposes of determining the capital impact fee, � :; Hotel/Corporate Office shall include the following zoning districts and any other districts developed for hotel or -corporate office purposes: HCO, PCD, PID, GU and S-P for all hotel and corporate office development and " conditional uses for hotel and corporate office development. (6) The capital impact fees for both water and wastewater are based upon a Single Family Living Unit Equivalent ( "SFLUE" ) unit of measure'ment. The SFLUE is established . from the average usage of both water and wastewater by a single family residence. The four land use categories, Single Family, Multi- Family, Commercial/Industrial and Hotel/Corporate Office are each assigned the following SFLUE: A,. ., Category Water Wastewater Per Unit of 1. 00 1. 00 `*�' Single Family Per Unit of 0 . 38 0 . 38 Multi-Family . -3- 0418L Category Water Wastewater Per Acre of 2 . 62 3 .47 Commercial/ Industrial Per Acre of 18. 74 24 . 89 Hotel/Corporate Office � The assigned SFLUEs 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. . (b) Pa�merit of and accounting for capital impact fee. ( 1) The capital impact fee shall be paid as follows: 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. The annual payment shall include monthly � interest on the unpaid balance calculated at a rate of one ( 1) percent above the one ( 1) year treasury note yield as stated in the Wall Street Journal on October first of that year, thereafter, on October first of e'ach subsequent year, the interest rate shall be adjusted and shall be calculated at a rate of one ( 1) percent above the one ( 1) year treasury note yield as stated in the Wall Street Journal on October first 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 -4- 0418L 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) Impact fees may be �. ,; assessed but may not be collected in areas where services are not currently available unless: �� a. the collection is made to pay for a capital improvement or facility expansion that has been identified in the capital improvements plan and the city commits to commence construction within two years, under duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years; b. the city agrees that � , the owner of a new development may construct or finance the capital improvements or facility �� � expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or c . an owner voluntarily requests the city to reserve capacity to serve future development, and the city and owner enter into a valid written agreement. �� .�; ( 3) All funds collected under this paragraph (b) shall be deposited � in interest-bearing accounts clearly identifying the category of capital � improvements or facility expansions for which the impact fee was collected. Interest earned on the impact fees deposited is considered funds of the account on which it is -5- . 0418L earned and is subject to the same restrictions placed on use of impact fees . (c) Review of capital improvements plan• ( 1) The land use assumptions and capital improvements plan shall be �m:� updated at least every three years with the initial three-year period beginning on the day the capital improvements plan was adopted by the '`�"" City Council, unless at the time the update is required, the City Council determines no change to the land use assumptions, capital improvements plan, or impact fee is needed. (2) The review, evaluation and update of the land use assumptions and capital improvements plan and any determination that no update is needed shall be done in accordance with Chapter 395, Texas Local Government Code. (d) Use of capital impact fees. ( 1) Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by this paragraph (d) and �, , by paragraph (f) of this section 25-25 . (2) All capital impact fees � � may be used to pay the costs of constructing capital improvements or facility expansions identified in the capital improvements plan, including: a. construction contract price; b. surveying and engi- neering fees; c. land acquisition �osts, including land purchases, court award and costs, attorney' s fees, and expert witness fees; and d. fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant �,.� preparing or updating the capital improvements plan who is not an employee of the city. "� (3) All capital impact fees may be used for the payment of � principal and interest on bonds, notes or other obligations issued by or on behalf of the city to finance the capital improvements or facility expansions identified in the capital improvements plan. _ -6- 0418L - ' (4) Capital recovery fees collected prior to June 19, 1990, shall be maintained in the capital improvement fund to which they were deposited and used and expended solely for the purpose of construction of authorized capital improvements included within the development plan under which the capital recovery fees �., were imposed. (e) Compliance with other regulations . "�' ( 1) In addition to the capital impact fees, each property owner shall: a. Construct or provide , for the construction of all water and wastewater 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 capital improvements plan for the city; and 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) Refunds. � .w_ ( 1) On the request of an owner of the property on which an impact fee "� � has been paid, the city shall refund the impact fee if existing facilities are available and service is denied for a reason other than the failure of the property owner to comply with all city building codes and construction " standards relating to water and wastewater service facilities, or the city has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the ty'pe of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment under paragraph (b) (2)a of this section 25-25 . (2) On completion of the ,.�..,, capital improvements or facility expansions identified in the capital improvements plan, the city shall recalculate the impact fee using the '�'" actual costs of the capital improvements or facility expansion. � If the impact fee calculated based on actual cost is less than the impact fee paid, the city shall refund the difference if the difference exceeds the impact fee paid by more than 10 percent. _ _ -7- . 0418L " " (3) The city shall refund any impact fee or part of it that is not spent as authorized by this Section 25-25 within 10 years after the date of payment. (4) Any refund shall bear interest calculated from the date of collection to the date of refund at ,�.� the statutory rate as set forth in Article 1 . 03, Title 79, Revised Statutes (Article 5069-1.03, Vernon' s Texas Civil Statutes) , or its '�`°° successor statute. (5) Al1 refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. (6) The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this paragraph (f) . (g) Authority of political sub- divisions to pay fee. �,. .h Political subdivisions and other government entities are subject to the impact fees imposed under this section �� 25-25. (h) 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 land use assumptions and actual development and construction of capital improvements or facility expansions reflect a change in the estimates and projections used to calculate the total projected number of service units and costs of capital improvements and resulting capital impact fees. (2) The payment and collection of the capital recovery fees and capital impact fees 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 or � facility expansion. " 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 -8- 0418L unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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 . All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby ��� are deem repealed and of no force or effect provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all "� such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Section 7 . This ordinance shall be 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 5th day of June , 1990 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second reading on this the 19th day of June , 1990 . APPROVED: W lliam D. Tate, Mayor �_:., ATTEST: �.�, � i a Huff, it cretary APPROVED AS TO FORM: � a :' �,: ....- ,, �r �� �„ °____ �'� � �"' �' , a: City Attorne� John F. Boyle, Jr. � ��� � . . -9- 0418L