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OR 96-735 Roadway Impact Fees AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 96735 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 17, SECTION 17-1-09(B) TO PROVIDE FOR THE ASSESSMENT OF ROADWAY IMPACT FEES; BY AMENDING SECTION 17o1-10(A)-(D) AND SECTION 17-1-11(B) TO PROVIDE FOR THE COMPUTATION AND COLLECTION OF IMPACT FEES; BY AMENDING SECTION 17-1-12(A) TO PROVIDE FOR CREDIT OF DEPOSITED ESCROW FEES AGAINST ROADWAY IMPACT FEES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppoll, Texas previously imposed impact fees for roadway facilities for the financing of capital improvements required for new development in the City; NOW, THEREFORE, BE IT ORDAINrED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended by amending Chapter 17, in part, to amend Sections 17-1-09(B), 17-1-10(A)-(D), 17-1-11(B) and 17-1-12(A) to read as follows: "CHAPTER 17. IMPACT FEE CODE ARTICLE I - IMPACT FEES Sec. 17-1-09 Assessment of Impact Fees B. Assessment of the impact fee for any new development shall be made as follows: i AGG07CTO 1. For development for which an application for plat approval is submitted pursuant to the City's Subdivision Ordinance subsequent to January 20, 1996, assessment shall be made in the development review process, and shall be the amount of the actual impact fee per service unit then in effect, as set forth in Schedule 2. The City, at its sole option, may provide the subdivider with a copy of Schedule 2 prior to plat approval, but such shall not constitute assessment within the meaning of this Chapter. 3. For development which has received final plat approval or for which an application for plat approval has been filed with the City prior to January 20, 1996, the amount of impact fees for roadway facilities shall be the lesser of: (i) The amount of fees that would have been paid in escrow for substandard roads as determined by the pro rata charge as provided in Article 18-11 of the Code of Ordinances; and (ii) The impact fees as set forth in Schedule 2 of this Chapter; provided, however, the amount of impact fees shall not be less than any fees paid in escrow for substandard roads nor shall the City refund any such escrow fees or be liable for the same unless otherw/se provided by Chapter 395 of the Tex. Loc. Gov't Code, as amended. C ..... Sec. 17-1-10 Computation and Collection of Impact Fees A. The impact fees due for new development shall be collected prior to the recordation of the subdivision plat. If the exact final usage of the land is unknown at the time of platting so as to make it impossible for the City to calculate the equivalent service units, or if new development occurs or is proposed to occur without platting, then the impact fees shall be due at the time of connection to the City water or sewer system or at the time of building permit unless an agreement between the developer and the City has been executed providing for a different time of payment. AGG07C70 B. Following the filing and acceptance of an application for plat, building permit or the request for connection to the City's water or wastewater system, as the case may be, the City shall compute the impact fees due for the new development in the following manner: 1. Except as provided in Section 17-1-09(B), the amount of each impact fee shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the service area using Schedule 2. The number of service units shall be determined by using the conversion table contained in the Capital Improvements Plan. 2. The amount of each impact fee due shall be computed in accordance with Section 17-1-09(B) and shall be reduced by any allowable offsets or credits for that category of capital improvements. 3. The total amount of impact fees due for the new development shall be calculated and attached to the development application or request for connection as a condition of approval. C. The amount of each impact fee due for new development shall not exceed an amount computed by multiplying the fee assessed per service unit by the number of service units generated by the development. D. Except as provided in Section 17-1-09(B), if the final plat for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees shall be computed using the Schedule 2 then in effect, with credits for previous payment of fees, if any, being applied against the new fees due. Sec. 17-1-11 Suspension of Fee Collection B. There is no suspension of impact fees for roadway facilities for any new development for which an application for plat approval is filed after January 20, 1995. 3 AGG07CTO Sec. 17-1-12 Offsets and Credits Against Impact Fees A. City shall offset the reasonable value of any area-related facilities, pursuant to rules established in this section, or pursuant to guidelines and which have been dedicated to and have been received after final acceptance by the City on or after June 1, 1990, including the value of capital improvements constructed pursuant to an agreement with the City, against the amount of impact fee due for that category of capital improvement. The City shall credit eligible escrow fees deposited for roadway facilities prior to January 20, 1996 and during the one (1) year period following thereafter, against the amount of an impact fee due for the category of capital improvement, subject to guidelines established by the City. SECTION 2. That all ordinances and provisions of the Code of Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the C~ ~ day of ~i 7. u/'d~i~f~ 1996. AGG07C70 APPROVED: t//' TOM MORTON, MAYOR ATIPEST: TY SECRETARY APPROVED AS TO FORM: ~T~ER~G. SMITI~FY ATTORNEY (PGS/ct 1/9/96) 5 AGGOTCTD