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itle Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvements Plan for Water, Wastewater, and Roadway Facilities by amending the City of Coppell Code of Ordinances, Chapter 17, Impact fees; and authorizing the Mayor to sign and execute any necessary documents. ..Summary Executive Summary: Approval of this ordinance will revise the current Impact Fee Ordinance to reflects the updated Impact Fee Study. Fiscal Impact: [Enter text here] Staff Recommendation: Staff recommends approval of this Ordinance. Goal Icon: Sustainable City Government 61fit. J Special Place to Live T H E G I T Y O F cornELL A S 16 MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering and Public Works FROM: George S. Marshall, P.E., Civil Engineer DATE: April 24,2012 REF: Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvements Plan for Water, Wastewater, and Roadway Facilities by amending the City of Coppell Code of Ordinances, Chapter 17, Impact fees; and authorizing the Mayor to sign and execute any necessary documents. On April 10, 2012 a Public Hearing was held to consider the amendment of the Land Use Assumptions, Capital Improvement Plan for Water, Wastewater and Roadway Facilities and to consider the imposition of Impact Fees. A presentation was made highlighting recommended changes to the Water, Wastewater, and Roadway facilities. Also, it was noted that the Capital Improvements Advisory Committee recommended no changes to the actual impact fee amount per service unit. There were no citizens present to speak at the Public Hearing. The revision to the Impact Fee Study has been a series of steps prescribed by state law, which began on April 26, 2011 when the City of Coppell entered into a contract with Freese and Nichols, Inc. to perform an Impact Fee Study for revisions to the City's current Capital Improvements Plan, and to make recommendations on the Impact Fees needed to implement the Capital Improvement Plan. This study was performed due to the recently updated `2030 Comprehensive Land Use Plan'. The item this evening is to approve the actual ordinance that will revise the effective study and change the Capital Improvements Plans. The impact fee process is as follows: • Develop updated Land Use Assumptions (LUA) • Perform capacity analysis to develop Capital Improvements Plan(CIP) • Conduct Impact Fee analysis and calculations • Present LUA, CIP, and Impact Fees to Capital Improvements Advisory Committee (CIAC) • Public Hearing at City Council meeting • City Council approval • Update Fee Ordinance Included with the ordinance are the tables showing the maximum fees that could be assessed for water, wastewater and roadway facilities. The recommendation from the Capital Improvements Advisory Committee was that the Roadway Impact Fee be maintained at $150 per equivalent service unit, that the Water Impact Fee be maintained at $900 per equivalent service unit, and that the Wastewater Impact Fee be maintained at $900 per equivalent service unit. These fees are less than the maximum amount that could be assessed. As a reminder, the maximum amount that could be assessed is 50% of what the actual study shows should be assessed to cover actual costs. If this item is approved by City Council, with no impact fee change, then the final step in updating the fee ordinance will not be necessary. Staff recommends approval of the ordinance to amend the Land Use Assumptions and Capital Improvement Plan for Water, Wastewater and Roadway Facilities. Staff will be present at the meeting to make a presentation and answer any questions at the Council meeting. ORDINANCE NO.4b1,2—/3/D 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 1 1/2" 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 1 1/2" 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 Service Area Cost Per Service Unit 1 $ 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" x 3/4" 1.00 1" 1.67 1 1/2" 3.33 Fee Set by Separate 2" 5.33 Resolution 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" x 3/4" 1.00 1" 1.67 1 1/2" 3.33 Fee Set by Separate 2" 5.33 Resolution 3" 11.67 4" 21.00 6" 46.67 TM 55091 8" 80.00 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 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/day of�,2012. A 'PRO ED: A\ d� ►' DO 't. A'IN. STOVER,MAYOR ATT : • /■. ./ / ,�., 4 'RISTEL PETTIN• , I SECRE • 'Y APPRO D S TO FO' ROBERT E. HAGE' i ATTORNEY TM 55091