OR 2005-1107 Impact Fees for Land Use and Capital ImprovementsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2005-1107
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
APPROVING AMENDEMENTS TO THE LAND USE ASSUMPTIONS,
THE CAPITAL IMPROVEMENT PLAN FOR WATER,
WASTEWATER AND ROADWAY FACILITIES, CHANGES TO THE
IMPACT FEE CALCULATIONS BY AMENDING CHAPTER 17,
SECTIONS 17-1-04, 17-1-06 and 17-1-10 OF THE CODE OF
ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas previously imposed Impact Fees for
Water, Wastewater and Roadway Facilities for the financing of Capital Improvements required for new
development in the City; and
WHEREAS, with the advise and assistance of the Capital Improvements Advisory Committee,
amendments to the Land Use Assumptions and the Capital Improvement Plan for Water, Wastewater
and Roadway Facilities have been prepared; and
WHEREAS, based on amendments to the Land Use Assumptions, amendments to the Capital
Improvement Plan for Water, Wastewater and Roadway Facilities have been prepared by Freese and
Nichols, Inc., in a document entitled "Impact Fee Capital Improvement Plan - Water, Wastewater and
Roadway", dated August 2005; and
WHEREAS, the Capital Improvement Advisory Committee has filed written comments on the
amendments to the Land Use Assumptions and the Capital Improvement Plan for Water, Wastewater
and Roadway Facilities and the City Council has received and reviewed those comments; and
WHEREAS, the City Council of the City of Coppell has given notice and held a public hearing
required by Chapter 395 of the Texas Local Government Code for the amendments to the Land Use
Assumptions, the Capital Improvement Plan for Water, Wastewater and Roadway Facilities Plan and
modification of impact fees for the financing of capital improvements required by new development
within the city; and
WHEREAS, the City Council finds it is the best interest of the City of Coppell and its citizens
to approve and adopt the amendments to the Land Use Assumptions and the Capital Improvement Plan
for Water, Wastewater and Roadway Facilities and to establish impact fees consistent with the Capital
Improvement Plan and to make other conforming changes to the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. The City of Coppell, Texas hereby approves and adopts the "Impact Fee Capital
Improvement Plan - Water, Wastewater and Roadway", dated August 2005 and prepared by Freese and
Nichols, Inc., as the amended Land Use Assumptions and Capital Improvement Plans for Water,
Wastewater and Roadway Facilities of the city.
SECTION 2. That the City of Coppell Impact Fee codified in Chapter 17, Sections 17-1-04, 17-
1-06, and 17-1-10, of the Code of Ordinances be, and the same is, hereby amended to provide for the
changes to the impact fee calculations, which shall read as follows:
"CHAPTER 17. IMPACT FEE
ARTICLE I - IMPACT FEES, GENERAL PROVISIONS
Sec. 17-1-04. Definitions
15. Service Area means in the case of impact fees for roadway facilities, the roadway facility
benefit area described on the service area map.... .
Sec. 17-1-06. Impact Fee as Condition of Development Approval
No application for new development shall be approved within the city without assessment of an
impact fee pursuant to this chapter and no final plat shall be approved unless applicant has paid
the roadway impact fee imposed by and calculated hereunder. Water and Wastewater Impact
fees shall be assessed at time of final plat and paid at time of issuance of building permit.
Sec. 17-1-10. Computation and Collection of Impact Fees
A. The roadway impact fees due for new development shall be collected prior to
recordation of the subdivision plat. Water and wastewater impact fees shall be collected
at issuance of building permit. If the exact final usage of the land is unknown at the time
of platting so as to make it impossible to calculate the equivalent service units, or if new
development occurs or is proposed to occur without platting, then the roadway impact
fee shall be due at the time of connection to city water or wastewater system or at the
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time of building permit, unless an agreement between the city and the developer has
been executed providing for a different time of payment.
SECTION 3. That Chapter 17 of the Code of Ordinances of the City of Coppell, Texas,
is amended by adopting the following Schedules which are attached to this Ordinance, as part of
Chapter 17 and which shall be added to the Code of Ordinances of the City of Coppell, Texas.
Maximum Fee Rate for Impact Fees, Schedule 1; Payment and Collection Fee Rate, Schedule 2;
Water and Wastewater Benefit Area Map, Schedule 3; Roadway Benefit Area, Schedule 4.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to
be unconstitutional, illegal or invalid the same shall not affect the remaining provisions of said
ordinance or the Code of Ordinances, as amended hereby, which shall continue in full force and
affect.
SECTION 5. That all the provisions of this ordinance are hereby declared to be
governmental and for the health, safety and welfare of the general pubic. Any member of the
City Council or any City official or employee charged with the enforcement of this ordinance or
the Code of Ordinances as amended hereby, acting for the City of Coppell, Texas, in the
discharge of their duties, shall not thereby render themselves personally liable; and they are
hereby relieved from all personal liability for any damage that might occur to persons or
property as a result of any act required or permitted in the discharge of said duties.
SECTION 6. That any violation of this ordinance maybe enjoined by a suit filed in the
name of the City of Coppell, Texas, in a court of competence jurisdiction; and this remedy shall
be in addition to any penal provision in this ordinance or in the Code of Ordinances of the City
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SECTION 6. That any violation of this ordinance may be enjoined by a suit filed in
the name of the City of Coppell, Texas, in a court of competence jurisdiction; and this remedy
shall be in addition to any penal provision in this ordinance or in the Code of Ordinances of the
City of Coppell, Texas as amended hereby.
SECTION 7. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and charter in such cases provide.
� ((%% DULY PASSED by the City Council of the City of Coppell, Texas, this the 1311 day
0f4ob 2005.
ATTEST:
'�;B BA CITY SECRETARY
TO FORM:
ROBERT E. HA, CITY ATTORNEY
(REII/cdb [Rev.& evised 09/06/05177245)
MAXIMUM FEE RATE FOR IMPACT FEES
SCHEDULE 1
WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size
E.S.U. *
Water Impact Fee
5/8" x 3/4"
1.00
$
990.00
1"
1.67
$
1,653.30
11/2"
3.33
$
3,296.70
2"
5.33
$
5,276.70
3"
11.67
$
11,553.30
4"
21.00
$
20,790.00
6"
46.67
$
46,203.30
8"
80.00
$
79,200.00
WASTEWATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size
E.S.U. *
Water Impact Fee
5/8" x 3/4"
1.00
$ 933.00
1"
1.67
$ 1,558.11
1 1/2"
3.33
$ 3,106.89
2"
5.33
$ 4,972.89
3"
11.67
$ 10,888.11
4"
21.00
$ 19,593.00
6"
46.67
$ 43,543.11
8
80.00
$ 74,640.00
ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT
Service Area
Cost Per Service Unit
1
$ 168.00
* From AWWA Manual 6, Water Meters - Selection,
Installation, Testing and Maintenance, 3 d edition, 1986
PAYMENT AND COLLECTION FEE RATE
SCHEDULE 2
WATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. *
Water Impact Fee
5/8" x 3/4" 1.00
Fee Set by Separate
Resolution
1" 1.67
1 1/2" 3.33
2" 5.33
3" 11.67
4" 21.00
6" 46.67
8" 80.00
WASTEWATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. *
I Water Impact Fee
5/8" x 3/4" 1.00
Fee Set by Separate
Resolution
1" 1.67
1 1/2" 3.33
2" 5.33
3" 11.67
4" 21.00
6" 46.67
8" 80.00
ROADWAY FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Service Area
Cost Per Service Unit
1
Fee Set by Separate
Resolution
* From AWWA Manual 6, Water Meters - Selection,
Installation, Testing and Maintenance, 3 d edition, 1986