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WA0302-AG050913AGENDA REQUEST FORM COPPELL DEPT: Engineering DATE: September 13, 2005 ITEM #: 7/C ITEM CAPTION: Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvement 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. GOAL(S): IIII .l. APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 2005-1107 M - Tunnell S - Brancheau Vote - 6-0 York absent EXECUTIVE SUMMARY: Approval of this ordinance will revise the current Impact Fee Ordinance to bring it into compliance with current state law. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name:# Impact Fee Ord COPPELL MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: September 13, 2005 Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvement 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. On August 23, 2005 a Public Heating 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 Water, Wastewater and Roadway Impact Fees. A presentation was made highlighting proposed changes to the Roadway Impact Fee and recommendations of the Capital Improvement Advisory Committee concerning various capital improvements proposed in the plan and the changing of the impact fee amount per equivalent service unit. There were no citizens present to speak at the Public Heating. The revision to the Impact Fee Study has been a series of steps prescribed by state law, which began on March 8, 2005 when City Council awarded the contract to Freese and Nichols, Inc., to revise the Impact Fee Study. The item this evening is to approve the actual ordinance that will revise the study and change several aspects of the current Impact Fee Study, such as: Revise the roadway facilities zones from 10 to 1. Revise the collection time of impact fees to state that Water and Wastewater Impact Fees are collected at time of issuance of the building permit. The city will continue to collect Roadway Impact Fees prior to the recordation of the final plat. Included with the ordinance are the tables showing the maximum fees that could be assessed for water, wastewater and roadways. The recommendation from the Capital Improvement Advisory Committee was that the Roadway Impact Fee be set at $150 / per equivalent service unit, and that the Water and Wastewater Impact Fee be set at $900 / per equivalent service unit. Both of 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. The final step in the revisions to the impact fees will take place in October 2005 when a new fee ordinance is brought forth for consideration by City Council. 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 available to answer any questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDIN CE No. 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 WItEREAS, 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 heating 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. Thc City of Coppell, Texas hereby approves and adopts thc "Impact Fee Capital Improvement Plan - Water, Wastcwatcr and Roadway", dated August 2005 and prepared by Frecsc and Nichols, Inc., as thc 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 thc 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 ..... See. 17-1-06. Impact Fee as Condition of I)evelopment 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 2 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 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 enfomement 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 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 a~er 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/.~ ~g~lay o~005. DOUdLA"~ N. ~OVERkMXYOR ATTEST: j~l'x~ SECRETARY APPR~ ROBERT E. HA/~, CITY ATTORNEY (REI-Fcdb [Rev.&~Revised 09/06/05] 77245) 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 I 1/2" 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 I" 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'a 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 1" 1.67 1 1/2" 3.33 Fee Set by Separate Resolution 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. * 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 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, 3rd edition, 1986 I WATER AND WASTEWATER BENEFIT AREA II -~ P.H E DU LE :3 I CitY OF CnPPELI ~ COPPELL 1 INCH = 5000 FT. ~--~ .,: .~ ~..,,~ ~., s.. ~.. ~ F~nADWAY BENEFIT AREA · c~ nHEDLILE 4 P. iTY nF I-:.nPPELL 0 2500 5000 - ~ · ~ ;; °' ~ COPPELL I INCH = .5000 FT. ~.~s*r~,.~'. 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