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
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(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
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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
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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
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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. _
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(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. _
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(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
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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. �
���
�
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