TR9303-AG 960109 AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 9, 1996 ITEM #
ITEM CAPTION:
Discussion and consideration of approval of an Ordinance amending Chapter 17 of the Code of
Ordinances to delay the imposition, assessment and collection of Roadway Impact Fees and
authorizing the Mayor to sign.
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TITLE: Assistant City Manager/City Engineer INITIALS
STAFF CO~ENTS:
See attached memo.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
Staff recommends approval of the Ordinance and will be available to answer any questions at
the Council meeting.
BUDGET AMT.$ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS :~
FINANCIAL REVIEW:~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94 Document Name eng.02
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., ACM / City Engineer ~
RE: Discussion and consideration of approval of an Ordinance amending Chapter 17
of the Code of Ordinances to delay the imposition, assessment and collection of
Roadway Impact Fees and authorizing the Mayor to sign.
Date: December 29, 1995
As Council is aware, approximately one year ago the initial Roadway Impact Fee Ordinance was
adopted by Council. There was some wording in the initial Ordinance that allowed various
developments the opportunity to complete their development within a one year time frame
without being subject to the Roadway Impact Fees. As we near the end of the first year, there
have been several inquiries about exactly how the Impact Fee Ordinance would be enforced after
January 20, 1996. Because of some general confusion about the interpretation, this Ordinance
is brought forth to clarify exactly the position of the City in regards to the implementation and
enforcement of the Roadway Impact Fee. The Ordinance, as proposed, details how new
developments, replats, etc., will be addressed in regards to payment of Roadway Impact Fees.
In essence, what this Ordinance does is postpone the enforcement of the original Ordinance by
approximately one year.
Staff recommends approval of the Ordinance and will be available to answer any questions at
the Council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. q
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BYAMENDING CHAPTER 17,
SECTION 17-1-09(B) TO PROVIDE FOR THE ASSESSMENT OF
ROADWAY IMPACT FEES; BYAMENDING SECTION 17-1-10(A)-(D) AND
SECTION 17-I-II(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 Coppell, 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 ORDAINED 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-I-ii(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:
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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 otherwise provided by Chapter 395 of the Tex. Loc.
Gov't Code, as amended.
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 urdess 'an agreement
between the developer and the City has been executed providing for
a different time of payment.
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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.
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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 ~ ~
dayof f~,~c~ ~ , 1996.
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APPROVED:
ATTEST:
L'INI~/( GRAU, (~IT~ SECRETARY
APPROVED AS TO FORM:
PE'I~R G. sMI~I~ CITY A"ITORNEY
(PGS/ct 1/9/96)
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