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OR 2012-1310 Approving capital improvement plansORDINANCE NO. 2012-1310 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AMENDMENTS 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, SCHEDULE 1 AND 2 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 advice 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 "Water, Wastewater, and Roadway Impact Fee Report," dated February 2012; 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 find it is in 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 "Water, Wastewater and Roadway Impact Fee Report", dated February 2012 and prepared by Freese and 55091 Nichols, Inc., as the amended Land Use Assumptions Capital Improvement Plans for Water, Wastewater and Roadway Facilities of the city, a copy of which is attached hereto and incorporated herein as Exhibit A. SECTION 2. That Chapter 17, Article 2, 3 and 4, respectively, of the Code of Ordinances of the City of Coppell, Texas, is amended by adopting the following impact fees as set forth in the schedule as follows: "CHAPTER 17. IMPACT FEES ARTICLE 2. WATER FACILITIES FEES Sec. 17-2-3. Water Facility Fees The maximum impact fees per service unit for water facilities and the impact fees per service unit for water facilities which are to be paid by development are hereby established, as set forth in Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The impact fees per service unit for water facilities may be amended from time to time as provided in Chapter 395, Texas Local Government Code. ARTICLE 3. SEWER FACILITIES FEES Sec. 17-3-3. Wastewater Facilities Fees The maximum impact fees per service unit for wastewater facilities and the impact fees per service unit for wastewater facilities which are to be paid by development are hereby established, as set forth in Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The impact fees per service unit for wastewater facilities may be amended from time to time as provided in Chapter 395, Texas Local Government Code. ARTICLE 4. ROADWAY FACILITIES FEES Sec 17-4-3. Roadway Facilities Fees TM 55091 The maximum impact fees vehicle mile for each roadway benefit area and the impact fees per vehicle mile for roadway facilities which are to be paid by development are hereby established, as set forth in Schedule 1 and the established assessed fee is hereby provided in Schedule 2. The impact fees per vehicle mile for roadway facilities may be amended from time to time as provided in Chapter 395, Texas Local Government Code. 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 $ 995.00 1" 1.67 $ 1,661.65 11/2" 3.33 $ 3,313.35 2" 5.33 $ 5,303.35 3" 11.67 $ 11,611.65 4" 21.00 $ 20,895.00 6" 46.67 $ 46,436.65 8" 80.00 $ 79,600.00 WASTEWATER FACILITY MAXIMUM FEE PER SERVICE UNIT Meter Size E.S.U. Wastewater Impact Fee 5/8" x 3/4" 1.00 $ 927.00 1" 1.67 $ 1,548.09 11/2" 3.33 $ 3,086.91 2" 5.33 $ 4,940.91 3" 11.67 $ 10,818.09 4" 21.00 $ 19,467.00 6" 46.67 $ 43,263.09 8 80.00 $ 74,160.00 TM 55091 ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT II Service Area I Cost Per Service Unit II 210.00 * Based on AWWA Standards C701 ASSESSED FEE RATE SCHEDULE 2 WATER FACILITY PAYMENT AND COLLECTION FEE PER SERVICE UNIT Meter Size E.S.U. Water Impact Fee 5/8" x3/4" 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. Wastewater Impact Fee 5/8" x3/4" 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 Tl\1 55091 ROADWAY FACILITY PAYMENT AND COLLECTION FEE PER SERVICE UNIT Service Area Cost Per Service Unit 1 Fee ,Set by ,Separate Resolution * Based on AWWA Standards C701" SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinance, 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 4. That all the provisions of this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance of 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 5. 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. TM 55091 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 6. 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 4 ay of 12012. AP VED: DO A S VER, MAYOR ATT ` l CHRISTEL PETTINS, CITY SECRE ARY TO T E. HAGE$IV-ITY ATTORNEY TM 55091