TR9303-CS 941101 (2)C3tY Of
FACSIIIMLE COVER SHEET
ENGINEERING OEPARTMEN1
FACSIMILE
(817) 577-7582
DATE' //:/" ~/
Number of pages '/~ including cover sheet.
Facsimile No._ .
From:
Special Instructions: __
P.O. BOX 185 COLLEYVILLE, TEXAS 78034 (817) 577-7587
P.02
O~d~nance ~-90-76f;Y'''~
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THAT Section 11 of chapter g of the Colleyville Code be
amended to read as follows:
.SECTION 11 - IltPACT FEES
Definitions:
(3.)
-capital I~rovement~ Plan" means the
Transporta~ion Impact Fee Study prepared by
Parsons, Brinkerhoff, Quads and Douglas, Inc.,
dated December, 1987 for roadways and the City of
¢olleyville Master Plan, J~ly of 1987, prepared by
Community Land Resources, Inc., for the water
distribution system.
(3)
,.New Development" means the subdivision of land; or
the contraction, tetonstr~cti°n, redevelopment,
oonvmrsi~n, structural alteration, relocation or
enlargement of al%y structure; or any use or
extension of the use of' land; any of which
increases the number of service units.
.Service Unit" means a standardized measure of
consumption, use, generation, or discharge
attribut~le to an individual unit of development
calculated in accordance with generally accepted
engineering or planning standards for a particular
category of capital improvements or facility
expans ieee.
Statement of Policy:
It is the policy of the City of Colleyville to impose
upon new devele~men~ %npact fee? ~o I~_Y .~h_~_costs of ....
cons~ructing ~a~ital lmprove~n~s or facx~y e~ans~on~
~rsuan~ to that
necessa~ 2o se~e new davelop~n~.
policy, ~e city of Colle~ille has adopted
co~issioned ~d receiv~ from ~alLrxea
use es~at~,
a t fees ~e= wa~er ~rov~nts and roadway
~mp_?._. ,~ t----~--ce vi~ c~pter 305 o~ ~e_ Tex~
raolli=X I~ il ~e inten~xon of
~cal Gove~t~c~'_ on of l~act fees
o~ Cell ~ ~ ~ Texas Loc
to ~e proviaien~ of ~ap~er 395 o
Gove~ent C~ and all provi~ione hereo~ snoul~
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C. Amount and As~ment of Impact Fees=
Facility ~aot Fee omx~a~eG ms ZO~OWB,
e~l~t (~), cal~late~ as follo~=
~veloumen= ~e ~ Conversion
~ingle Family Residence I ~/~ell~noe
- 2 L~/~i~ Building
.engineer and as ~e~e~ine~
wi~h the following
13 $ 1,818
~sidenttal (per Unit) $ 2,224
24 Comaercial/Li~ $ 18,760 $ 15,330
In~um~rial (per
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Ordinance 0-90-'''~
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£nduetrl&l (per acre)
Institutional (per acre)
Office (per acre)
Co~mercial (per acre)
$ 13,400
$ 80,400
$160,800
$ 10,950
$ 10,950
$
$131,400
(2)
The City Manager shall assess impact fees on new
develel~at and Ae shall record his assessment and
shall certain a total impact fee charge for the
Water Die~ribution Syste~ I~act Fee and for the
Roadway Facility Impact Fee. Additionally, said
asses~t shall contain the amount of {~pact fees
attrib~a~le to each service unit within the
devel~~.
(3)
impact ~ as foll~we:
(a)
On land platted prior to june 20, 1987,
~ae imlpac: fee shall be assessed upon the
fili~q of an a~liOation for a building per~£t
on ~e property which is the sttbJect of the
a~lica=ion.
On l~d platted subsequent to June 20, 1987,
bul:]Wrior to the effective date of this
Ordinance, the property shall be deemed to be
aeomssad in accordance with the =eras of
SesSion 11 of Chapter 9 of the Colle2ville
col%e, end Section 1 C of Chapter 11 of the
Coll~,fville Co~e, as were in effect on
~e of approval of the subdivision pl&t by
city.
(c)
On lend platted subsequent to June 20, 1987
sad after ~he offs=tire data of this
on. aBases, the i~ot fees shall be assessed
~ ~ t~ of a~roval of Ihs a~division
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(4) In=reams of Assessment.
The assessed impact fee on new development shall
not be increased unless the n~mber of service units
to be d~eloped on such tract increases. In the
event of an increase in the number of service
~nite, ~he additional impact fees to be imposed
shall be limited to ~he amount attributable to the
additional serv£ce uniCs.
Credit fo= Off Site Improvemmnts.
Any construction of, contributions to, or
dedications of off site roadway facilities
aged to or required by the City as a
co~d, ition of development approval shall be
credited against ~o&dway Facility Impact Fees
othe~wise due from such development.
(c)
In addition to credits for construction of,
contributions ~o or dedication of off site
ree~y facilities, the Council may grant
credits for construction of, contributions to
or d~dications of off site water facilities,
provided, said construe=ion is a condition of
dev~l~ent approval and mmid credit sh~ll bm
~~ againm~ the W~mr Dimtr~ution System
i~t Fee.
Any reference to the term "Credit" hereunder
shall be construed to apply for all impact
f~ assessed under Section C.(3)(a), Section
C.(~)(b) or Section C.(3)(c).
(6) Alternative credit Procedures
The owner, in lieu of credits provided for in
pmr,b.($)(a) above, ma~, at him option, receive
provided for in the Alternative Credit
prooed~re, which tm appended hereto and
ineoipporated herein for all purposes.
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o~, or e~=e~t of any portion of Section 5.a.
herei~a~eve, if Seot~on c.(6) above, all, or any
part of Alternative Credit Procedure is declared
invalid,
illegal
_ ( or unenforceable or is pre-empted
rot a~y reason, xn whole or in part, or in certain
ra nance, xnc~u=~ng the credit procedure set
forth in Section C.($) shall not become inoperative
or fail ~ any reaso~ of any unconat~tutionality,
illegality, or inval~dity.
Appeal of Asses~ent.
Upon the written applicat~on of an owner of
prope~y ~on which impact fees were assessed, the
City Ce~m¢il Shall consider said assessment and
shall i~ase or reduce s~e where necessary to
confozm ~e Chapter 3*5 of 'the Texas Local
~overn~m~ Code.
Collection of I~act Fees.
All impact fees attributable to a service unit
cheil be collected u~on ~he &pplication for the
issuanee ~f a buildi~ ~ermit on said service unit.
The p&y~eat of the a~licable ~m~act fees shall be
a conditi~ of the issuance of the building permit
on the service unit.
(2)
By agre~aeat approved by the City Council, the City
may elte~ the.time and method of payment of impact
fees.
Usa of Impact Peas.
deposited in intewes~ bearin~ accounts ole&rly
identify~ the category of capital xmprovements or
facility ~n~ioms a~'~e ~ice area for which
the fee ~a~ adop=ed amd collected. Interest earned
on impact ~ees shall Me considered funds of the
account ~ which it is earned and shall be subject
to all r~rictiona placed upon the use of i~act
fees.
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(2)
Expenditures of fmpact fee fund~ ~hall be made only
for t~e purpose for which the tapact fee wan
imposed as show by the Capital I~provements Plan of
the City.
(3)
ihs reco~ of_the accounts into which the impact
ess a~ 6~poelted shall be open for public
nspect~on and copying during ordinary business
hours.
Refunds.
(l)
n. the ~eque~t_of ~n ow3~er of ~hs property on
xcn an ~paoc zee nas been paid, the City shall
refund the impact fees paid t~ the existing
facilttiu are available and ~e ae~ice is denied,
or the Ciky has, after Collecting ~he fee when
settee ~ not avatl~le, failed to co~ence
oonst~ton within ~wo years or le~tca ts not
available within a reaeon~le period of time
conside=i~ the type of capital ~rovement or
facility ~ton to be o~net~cted, but tn no
event l~e= ~an five yetrm fr~ the date of
pa~en~.
(2)
Upon co~ietion of the capital improvements or
facility ~anaions identified in the Capital
Improves Plan, the City shall recalculate the
impact ~ee using the actual coat of the capital
improv~e~ts or facility ~ansion. If the impact
fee calculated based upon actual cost is less than
the i~&~t fee paid, the City shall refund the
differe~e if the difference exceeds the impact fee
paid by Bore than 10%.
(3)
The City ~tall refund any impact fee or portion
~hereof ~ich is not expanded as authorized within
10 years from the date of payment.
Any refuel shall bear interest calculated from the
date of =ellection to the d~te of refund at the
statutory ~lte as ~et forth in Article 1.03, Title
79, Revi~ atatutel, or its successor Statute.
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(5) All re~u~ shall be paid to the record owner of
t~. ~=_~? at t~e_tl~a t~. refund i~ paid~
entity, ~e refund .~all ~ paid 2o much political
s~d~Vi~on or qover~tal entity.
G. Advisory Comittse.
The City Council shall appoint an Advisory
Committee of the City. The Advisory Conittee
shall ke oo~poeed of not 1us than five (5)
?s: Not lee~.gha~ ~0% of ~e ~ership of
· ~vz~ co~l=~ee snell be re~resenta~ives of
h~ r~% ~tate, develop~, or building
naus=rl~ who are not ~ployees or officials of a
politio~l e~ivision or ~over~ental entity.
THAT Section 1 C entitled Water Distribution System
Capital Improvement Fee, be and the sa~e i~ hereby
repealed.
~ec. 3:
THAT the City of C011eyville, Transportation Impact Fee
study prepa=~ by Parsons, Brinckerhoff, Quad and
Douglas, Inc., dated December, 1987, is hereby adopted
as the Roadw&y Facility Capital I~rovements Pl&n for
~e City of celle~ille, and that ~e City of
Colle~ille, ~ter Plan, July of 1987, prepared by
Co~u~ity ~ ~sources, Inc., ~ ~d ~e same is
y of Co11~11e for ~e wa~er dtstr~ution system.
geO*
The City shall, within 12 months following the effective
date of ~/lis ~dinance, cmeplete a review end assessment
of the current land use eesu~ptio~s and Capital
Improveman= Plan of ~he City.
Zf any p~OViS~o~, eectlon, sentence or clause or phrase
of this ord£n~, or the ep~lioatio~ of same to any
person or set o£ circumstances is for any reason held to
be unoonstitu~i~al, voi~, ~nval~d, or for any reason
~enforceable, ~he validity of ~e r~aining potions of
~[s ordina~ or l~s application to other person or
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ura'~n~nce O.gO/"~9 " "~
~S
!e~.- o~. c~r~.uma.~ances s~al. 1 no~ ~. a~ec~ed thereby,
oz~e~e ~n a~op~ng ~a o~$nanoe ~at no por~2on
~eo~ nor ~ision or r~lat~on contained herein
become ~no~ivo or fa~l b~ reason of any
unconstitu~i~ality or ~nval~dity or ~y o~er por2ion
or
T
IT IS SO ORDERED
f£rs~ reading and pub.1;LeA hea~'~ being conducted on the
.--/ day of ~ , 1990.
reading aAd
day of
]~)t~h~_ inq being conducted on the
. _ , 1900.
reading and pu~ic ~eg~ringbeiltg conducted on the
day of .~~v_~~, 1990.
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laction 1=
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faction 3=
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~he City has by Ordinance provided for the
establiaJuaent and assessment of impact fees; and
the O~di. nance imposing impact fees provides for
credits a~ainet roadvay facility impact fees for
~ona~x~ o~ ~mveAo~c~ and
the city requires off-site i~provements for new
devele~s; and
the City has investigated and determined the
typical credit which generally would be available
to each type of new develops~nt; and
the calculation of credits available to each new
development at the ti~e of the assessment of the
impact 9eewould be a difficult and time consuming
process fe~ the developer; and
e ~rdiz~.~ce lm~_osl~g ii,pact fees provides that
e ¢OHRCll, by Resolution, Bay establish a credit
schedule ~ich ~ay be accepted by the owner of the
proper~y~
the following is hereby established as a schedule
of cra~i,~ which may be elected in the alternative
pursua~ to the provisions of Section 1. C. (5)(b)
of Chap%er 11 of the Colleyv~11s Code:
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Road~ Facility I~9ac~ ~ee Cred£ts
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$
(south of S.X. 36)
_~'_~,_r?.'Lce Area 2_
(~o~h of 'S.S,
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1/per Unit
(where said residential
does not
· street provide4
~or :h~ the capital
[[l~rove~en~s Plan of
[~,.h~ City WhiCh has ~
aonatruotmd in accor4e~se
with the capital
Z~prove=&nt Plan.)
~esidential/per Unit
(vhere said residential
d~velop~ent abuets a
s~reet provided for in
the City's Capital
I~prove~ents Plan whie~
h&e been constructed in
accordance with the
Capital Improvements
!Plan.)
~eavy Commeroial/Li~kt
Industrial (per acre)
Industrial (par acre)
Ins~itutional - other ~
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$ 16,230.
$ 10,870
I ubllc schools and ch~e~$
SO ]J(]~er acre)
'1 llX~mtitutlonal- non-,~egX~,
~ I~h~ls and
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553
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12,800
8,420
8,420
10,950
$ 63,170
$128,870
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