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