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Home My WebLink AboutORD 1985-071 ORDINANCE NO. 85-�1 CITY OF GRAPEVINE, TEXAS AN ORDINANCE REVISING CHAPTER 25 ARTICLE II OF THE CITY CODE RELATING TO WATER AND WASTE WATER BY AMENDING SECTION 25-25 TO REFLECT INCREASED COSTS OF THE PLAN OF REDEVELOPMENT FOR THE CITY OF GRAPEVINE, TEXAS; REPEALING ALL INCONSISTENT ORDI- NANCES; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY �� WHEREAS, the City Council has previously adopted a plan of re- development for the City of Grapevine, Texas which plan was approved with the �� passage of Ordinance No. 85-13; and WHEREAS, the City Council has previously provided for funding of the re- development plan by amending Chapter 25 Article II of the City Code to reflect a specific rate of fees allocated to residential, commercial and industrial uses, which funding was approved with the passage of Ordinance No. 85-14; and WHEREAS, Section 25-25(C)(3) of the City Code provides that the City Council shall amend Section 25-25 to reflect adjustment of capital recovery fees; and WHEREAS, the cost of the redevelopment plan, after taking into account fees that have been paid and improvements which have been made, has increased by an amount of $7,758,985.00 due to debt service on sewer expansion and an increase in tie-on charges; and WHEREAS, the City Council finds that based on revised engineering projections that the new growth and higher density development projected within the City will contain approximately 17,547 new residential units and 3,526.3 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 findings contained in this ordinance that a fair, reasonable and �� equitable increase of capital recovery fees for all residential development is $269.03 per residential unit for both water and waste water service; 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 increase in capital recovery fees for all commercial, industrial and other non-residential development is $991.57 per acre for both water and waste water service; and WHEREAS, the City Council does hereby find that this increase should be added to the original capital recovery fees of $690.80 for residential units for a total fee of $959.83 and $3,218.47 for commercial and industrial units for a total fee of $4,210.04; 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 ,,�,...u, 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: "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 $959.83 Per acre of commercial and industrial $4,210.04 �r�,,. 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 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, 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." 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 a 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. 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 5. 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 19th day of November, 1985. �� Mayor, City of Grapevine, TeYas -2- ATTEST: City Secretary .�.,:,. LSEAL] APPROVED AS TO FORM: �� City Attorney � � �� -3-