TR9303-AG 950110CITY COUNCIL MEETING:
AGENDA REQUEST FORM
January 10, 1995 ITEM
ITEM CAPTION:
Discussion and consideration of approval of an ordinance amending Chapter 17 of the Code of
Ordinance adopting a Roadway Impact Fee and amending the Water and Sanitary Sewer Impact Fee and
authorizing the Mayor to sign.
SUBMITTED Y~.~. Kenneth M.
TITLE: Asst. City Manager/Dir. ~blic Works
STAFF COMMENTS:
INITIALS
See Attached Memo.
STAFF RECOMMENDATION Approval X
EXPLANATION:
Staff will be available to answer any questions at the Council meeting.
Denial
BUDGET AMT.$ ~
FINANCIAL COMMENTS:
AMT. EST.$
+/- BUD:$
FINANCIAL REVIEW:-~
Agenda Request Fora - Revved 1/94
CITY
MANAGER REVIEW:/~//
/
ORDiNaNCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING A
CAPITAL IMPROVEMENT PLAN FOR ROADWAY FACILITIES,
AMENDING THE LAND USE ASSUMP'I~I. ONS AND THE CAPITAL
IMPROVEMENT PLAN FOR WATER AND WASTEWATER FACILITIES
AND AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF
THE CITY OF COPPELL, TEXAS AMENDING THE IMPACT FEES FOR
WATER AND WASTEWATER FACILITIES AND TO ESTABLISH IMPACT
FEES FOR ROADWAY FACILITIES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECqTVE DATE.
WHE~, the City Council of the City of CoppeR, Texas previously imposed impact
fees for water and wastewater facilities for the financing of capital improvements required
by new development in the City; and
WHERFa~, the City Council of the City of Coppell, Texas, has determined that the
City of Coppell, Texas should also impose impact fees for roadway facilities for the financing
of capital improvements required by new development in the City; and
WHEREAS, Chapter 395 of the Texas Local Government Code regulates impact fees
on new development, and the City Council finds that the City of Coppell, Texas has
complied with Chapter 395 in all respects to amend the impact fees for water and
wastewater facilities or to adopt impact fees for roadway facilities; and
WHEREAS, the City Council established and appointed a Capital Improvements
Advisory Committee; and
WHEREAS, with the advice and assistance of the Capital Improvements Advisory
Committee, amendments to the Land Use Assumptions for Water and Wastewater Facilities
dated December 1994 have been prepared; and
WHEREAS, with the advice and assistance of the Capital Improvements Advisory
Committee, the Land Use Assumptions for Impact Fees for Roadway Facilities dated July
14, 1994 have been prepared by J-BM En~neers & Planners and have been approved by the
City Council by Resolution following a public hearing; and
WHEREAS, based on the amendments to the Land Use Assumptions for Impact Fees
for Water and Wastewater Facilities, amendments to the Capital Improvements Plan for
Water and Wastewater Facilities have been prepared consisting of Water and Wastewater
System 1994 Capital Improvements Plan and Impact Fee Study for City of Coppell,. Texas
dated December 1994, by Rady & Associates; and
AGeD
WHEREAS, based on the Land Use Assumptions for Impact Fees for Roadway
Facilities, a Capital Improvements Plan has been prepared consisting of Roadway Impact
Fee Study Methodology and Results dated October 1994 by JBM Engineers & Planners; and
WHEREAS, the Capital Improvements Advisory Committee has filed written
comments on the Capital Improvements Plan for Roadway Facilities and the amendments
to the Capital Improvements Plan for Water and Wastewater Facilities; and the City Council
has received and reviewed those written comments; and
WHEREAS, the City Council of the City of Coppell, Texas has given the notices and
held public hearings required by Chapter 395 of the Texas Local Government Code for the
imposition of impact fees for the financing of capital improvements required by new
development within the City; and
WHEREAS, the City Council finds that it is in the best interest of the City of
Coppell, Texas and its citizens to approve and adopt the Capital Improvements Plan for
Roadway Facilities, the Amendments to the Land Use Assumptions and the Capital
Improvements Plan for Water and Wastewater Facilities, to establish impact fees consistent
with the Capital Improvements Plans, 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. That the City of Coppell, Texas Impact Fee Capital Improvements Plan
for Roadway Facilities dated October 1994, prepared by JBM Engineers & Planners, and
the amendments to the Land Use Assumptions and the Capital Improvements Plan for
Water and Wastewater Facilities consisting of the Water and Wastewater System 1994
Capital Improvements Plan and an Impact Fee Study for the City of Coppell, Texas dated
December 1994 prepared by Rady & Associates are hereby approved and adopted as the
amended Land Use Assumptions for Water and Wastewater Facilities and Capital
Improvements Plans of the City.
SECTION 2. That the City of Coppell Impact Fee Code, codified at Chapter 17 of
the Code of Ordinances of the City of Coppell, Texas be and the same is hereby amended
in part to read as follows:
"CHAPTER 17. IMPACT FEE CODE
ARTICLE I - IMPACT FEES
Sec. 17-1-04 Definitions
AGG0644D
(4)
Capital improvements mean roadway facilities and water and
wastewater facilities (including expansions of existing roadway facilities
and water and wastewater facilities to provide additional capacity) that
have a life expectancy of three (3) or more years, owned and operated
by or on behalf of the City; and which are identified as capital
improvements or facility expansions in the Capital Improvements
Plans.
(7)
Facility expansion means the expansion of the capacity of an existing
facility that serves the same function as an otherwise necessary new
capital improvement, in order that the existing facility may serve new
development. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve
existing development.
(9)
(10)
(11)
Impact fees mean fees imposed on new development pursuant to this
Chapter in order to fund or recoup the costs of capital improvements
or facilities expansions necessitated by and attributed to such new
development. Impact fees do not include the dedication of right-of-
ways or easements for such facilities with the construction of such
improvements.
Impact fee Capital Improvements Plan means capital improvements
plans adopted by the City Council, as updated and amended pursuant
to this Chapter. The capital improvements plan identifies those capital
improvements for which impact fees may be imposed by the City, the
service areas, the max/mum fee rate allowed in accordance with the
impact fee statute, and other pertinent information.
Land Use Assumptions mean the land use assumptions adopted by the
City Council, as updated and amended pursuant to this Chapter. The
land use assumptions serve as the basis for the capital improvements
plan and project changes in land uses, densities, intensities and
population in the service areas of the City. The land use assumptions
include the description of the service area and projections of changes
in the land use, densities and population in the service area over a ten
(10) year period.
(12) New development means the subdivision of land or a project involving
the construction, reconstruction, conversion, structural altercation,
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relocation or enlargement of any structure, or any use or extension of
land, which has the effect of increasing the requirements for capital
improvements or facilities expansions, measured by the number of
service units to be generated by such activity, and which require either
the approval and filing of a plat pursuant to the City's Subdivision
Ordinance, the issuance of a building permit, or connection to the
City's water or sanitary system.
(14.1)
(15)
(15.1)
(16)
Roadway facilities mean arterial or collector streets or roads which
have been designated on an officially adopted roadway plan of the
City, together with all necessary appurtenances, but does not include
any roadways or associated improvements designated on the Federal
or Texas Highway System.
Service Area means in the case of impact fees for roadway facilities,
any of the several roadway facility benefit areas described on the
service area map. In the case of impact fees for water and wastewater
facilities, service area means either a water benefit area or sanitary
sewer benefit area within the City, within which impact fees for capital
improvements or facilities expansions will be collected for new
development occurring within such area and within which fees so
collected will be expended for those types of capital improvements or
expansions identified in the capital improvements plan applicable to
the service area.
Roadway expan.qon means the expansion of the capacity of aa existing
roadway in the City but does not include the repair, maintenance,
moderni~,ation, or expansion of an existing roadway to better serve
ex/sting development.
Service unit means in the case of impact fees for water and wastewater
facilities, the applicable standard unit of measures shown on the
conversion table in the Impact Fees Capital Improvements Plan for
Water and Wastewater Facilities which can be converted to five
eighths inch times three-fourths inch (5/8" X 3/4") water meter
equivalent, as the context indicates, which serves as the standard/zed
measure of consumption, use or generation attributable to the new unit
of development. In the case of impact fees for roadway facilities, the
service unit shall be a "vehicle - mile in the p.m. peak hour", as more
particularly described in the Impact Fees Capital Improvements Plan
for Roadway Facilities.
4- AGG0644D
(2~)
Site-related facility means an improvement or facility which is for the
primary use or benefit of a new development and/or which is for the
primary purpose of safe and adequate provision of roadway, water or
sanitary sewer facilities to serve the new development, and which is not
included in the impact fees capital improvements plan and for which
the developer or property owner is solely responsible under the City's
Subdivision Ordinance or other applicable ordinances.
Sec. 17-1-07 Land Use Assumptions
A. Land use assumptions for the City shall be considered for update at
least every three (3) years.
B. The Advisory Committee shall recommend to the City Council whether
updating is necessary or appropriate.
C. Amendments to land use assumptions shall incorporate projections of
changes in land uses, densities, intensities, and population therein over
at least a ten (10) year period.
Sec. 17-14)8 Impact Fees per Service Unit
A. An impact fee.., and are established in Schedule 1 of thin Chapter.
B. The impact fee per service unit, which is to be paid by each new
development within the service area shall be an amount less than or
equal to the maximum impact fee per service nniL Impact fees that
are to be paid are established in Schedule 2 of thin Chapter.
Impact Fee Schedules ! and 2 may be amended from time to time.
Assessment of Impact Fees
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Sec. 17-1-09
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Assessment of the impact fee for any new development shall be made
as follows:
For development which is submitted for approval pursuant to
the City's Subdivision Ordinance following the January 20, 1995
assessment shall be made in the development review process,
and shall be the amount of the actual impact fee per service
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e
unit then in effect, as set forth in Schedule 2. The City, at its
sole discretion, 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.
For development which has received final plat approval by City
Council prior to January 20, 1995, and for which no replatting
is necessary, impact fees for Water and Wastewater Facilities
shall be determined according to the fee schedule in effect at
the time of approval as set forth in Schedule 2.
For development for which an application for plat approval has
been filed with the City prior to January 20, 1995, 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 thin Chapter.
The assessment of impact fees may change as the result of
future amendments to the Code of Ordinances and other
applicable ordinances of the City. If the payment and collection
rate changes, the applicable payment and collection rate for
purposes of calculating impact fees payable shall be the lesser
of: (i) the payment and collection rate as set forth in Schedule
2 in effect at the time the impact fee is payable; and (ii) the
payment and collection rate as set forth in Schedule 2 prior to
such amendment.
Sec. 17-1-10
An application for an amending plat made pursuant to Section 212.016
of the Texas Local Government Code, as amended, and the City's
Subdivision Ordinance is not subject to reassessment for an impact fee.
Computation and Collection of Impact Fees
The impact fees due for new development shall be collected prior to
recordation of the subdivision plat or at the time of connection to the
City water or sewer system or at the time the City issues a building
permit, if new development occurs or is proposed to occur without
platting, unless an agreement between the developer and the City has
been executed providing for a different time of payment.
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Sec. 17-1-11
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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:
The mount 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 m~mber of service units
shall be determined by using the conversion table contained in
the Capital Improvements Plan.
The amount of each impact fee due shall be reduced by any
allowable offsets or credits for that category of capital
improvements.
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.
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.
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.
Whenever the property owner proposes to increase the number of
service units for a development, the additional impact fees collected
for such new service un/ts shall be determined by using the schedule
then in effect, and such additional fee shall be collected prior to the
issuance of a new building permit, or prior to enlargement of the
connection tO the City's water or sanitary sewer system.
Suspension of Fee Collection
There is no suspension period for impact fees for water and
wastewater facilities for new development which has not received final
approval prior to November 12, 1991.
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Sec. 17-1-12
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Suspension of impact fee collection for roadway facilities shall be as
follows:
For any new development for which an application for plat
approval has been filed prior to January 20, 1995 in accordance
with Chapter 212 of the Texas Local Government Code as
amended or pursuant to the City's Subdivision Ordinance, or for
which an application for final plat approval has been made
prior to that date, the City may assess, but shall not collect any
impact fees as herein defined, on any service unit for which a
valid building permit is issued within one (1) year subsequent
to January 20, 1995.
ff the building permit, which is obtained within the period
provided for above, subsequently expires, and no new
application is made and approved within such a period, the new
development shall be subject to the payment of roadway impact
fees.
During such one year period, the City may impose and collect
on such new development escrow fees for roadway facilities as
determined by a pro rata charge as provided in Article 18-11 of
the Code of Ordinances, unless the amount of such substandard
roadway fee exceeds the amount of roadway impact fees
otherwise due pursuant to Schedule 2 of this Chapter, in which
event the City shall collect the lesser amount. After the
expiration of such period, collection of such escrow fees, unless
elsewhere expressly authorized, shall be suspended and roadway
impact fees shall be collected for such new development
pursuant to the provisions of this Chapter.
Offsets and Credits A~ainst Impact Fees
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City shall offset the reasonable value of any area-related facilities,
pursuant to rules.., category of capital improvement. The City shall
credit eligible escrow fees deposited for roadway facilities prior to
January 20, 1995, 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.
All offsets and credits
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AGG0644D
Sec. 17-1-13
ff an offset or credit applicable to a plat has not been
exhausted within ten (10) years from the acquisition of the first
building permit issued or connection made after the effective
date of the adoption of the applicable impact fees or within
such period as may otherwise be designated by contract, such
offset or credit shall lapse·
In no event will the City reimburse the property owner or
developer for an offset or credit when no impact fees for the
new development can be collected pursuant to this Chapter or
for any mount exceeding the total impact fees due for the
development for the category of capital improvement, unless
othemrise agreed to by the City.
No offsets shall be given for roadway facilities which are not
identified within the applicable impact fees capital
improvements plan, except that offsets may be given for the
value of dedicated rights-of-way or the value of constructed
capital improvements for roadways designated in the City's
thoroughfare plan built to City standards and initially accepted
by the City.
No credit shall be given for roadway facih'ties which are not
identified within the applicable impact fee capital improvements
plan, except that a credit may be given for money deposits
(other than impact fees) paid to the City toward the cost of
rights-of-way or the cost of constructing capital improvements
for eligible roadways designated in the City's thoroughfare plan
built to City standards and accepted by the City.
Establishment of Accounts
The City's Finance Department shall establish an account to which. · pursuant to this Chapter. Each...
Interest earned on. . for the purposes authorized by Chapter 395
of the Texas Local Governmem Code, as amended.
The City's Finance Department. . by Chapter 395 of the Texas
Local Government Code, as amended. Dispersement... and intent
of this Chapter,.
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Sec. 17-1-14
Use of Proceeds of Impact Fee Accounts
A. The impact fees. . to this Chapter.
B. Impact fees collected pursuant to this Chapter shall not be used to pay
for any of the following expenditures:
Sec. 17-1-15
o
appeals
Administrative and operating costs of the City; or
Roadway facilities or roadway expansions in the extraterritorial
jurisdiction of the City.
Sec. 17-1-16
Refunds
A. Any impact fee.., to this Chapter, which.
B. An impact fee collected pursuant to this Chapter shall.., under this
Chapter w/thin . . .
Sec. 17-1-17 Update
A.
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of Plan and Revision of Fees
The land use assumptions and capital improvements plan shall be
reviewed and evaluated by the Advisory Committee at least every three
(3) years. The Advisory Committee shall recommend to the City
Council whether updating is necessary or appropriate.
ff the City Council determines that the land use assumptions and the
capital improvements plan should be updated to reflect changed
conditions, it shall cause the updated land use assumptions and the
updated capital improvements plan to be prepared before the end of
the applicable three (3) year period, following which, the applicable
procedures in Chapter 395 of the Texas Local Government Code, as
amended, for amending 'land use assumptions, the capital
improvements plan, and this Chapter shall be followed.
ff the City Council determines that the land use assumptions and the
capital improvements plans do not need to be updated, it shall comply
AGG0bt4D
Sec. 17-1-18
with the applicable notice and other procedures incident to that
decision under Chapter 395 of the Texas Local Government Code, as
amended.
Do
Notwithstanding the above, the City may review the land use
assumptions, the capital improvement plans, and the impact fees more
frequently than provided above to determine whether the land use
assumptions, the capital improvements plans and impact fees should
be amended.
Functions of the Capital Improvement Advisory Committee
Sec. 17-1-19 Agreement for Capital Improvements
An owner of a new development may construct or finance a capital
improvement or facility expansion designated in the impact fee capital
improvement plan, if required or authorized by the City, by entering
into an agreement with the City prior to the approval of final plat for
the development The agreement shall be in a form ae~ptable to the
City, and shall identify the estimated costs, the improvement, or
expansion, the schedule for initiation and completion of the
improvement and expansion, a requirement that the improvement be
designed and completed to City standards and such other terms and
conditions as deemed necessary by the City. The agreement shall
provide for the method to be used to determine the amount of the
offset to be given against impact fees due for the development
Sec. 17-1-20 Use of Other F'mancing Mechanisms
The City may finance capital improvements or facilities expansions
designated in the impact fee capital improvements plan through the
issuance of bonds, through the formation of public improvement
districts or other assessment districts, or through any other authorized
mechanism, in such a manner and subject to such limitations as may
be provided by law, in addition to the use of impact fees.
Except as otherwise provided, the assessment and collection of the
impact fees shall be additional and supplemental to, and not in
substitution of, any other tax, fee, charge or assessment which is
lawfully imposed on and due against the property.
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Sec. 17-1-21
Sec. 17-1-22
Sec. 17-1-23
City may pay all or pan of impact fees due for a new development
taking into account available offsets and credits pursuant to duly
adopted criteria.
Impact as Additional and Supplemental Regulation
A. Impact fees established by this Chapter..
Receipt by the City of impact fees payable under this Chapter is a
condition to the release of plats for recording, to the issuance of a
building permit or certificate of occupancy, or to water and sewer
utility connection and service, as the case may be.
Relief Procedures
Any person who has paid.., by this Chapter.
Chapter.
· pursuant to this
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The City Council may grant. · to this Chapter,.
· any requirement of this Chapter,.
C. The City Council may. . of this Chapter on.
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[Reserved for Future Use]
Sec. 17-2-01
Sec. 17-2-02
ARTICLE II- WATER FACILITIES FEES
Water Benefit Area
The water benefit area for the City as amended and updated is
designated on the map as shown in Schedule 3 of this Chapter·
B. The boundaries of the water benefit area. . may be delineated.
Water Improvement Plan
The capital improvement plan for water facilities as amended and
updated pursuant to this Chapter shall be maintained in the office of
the City Secretary.
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AGGO~D
Sec. 17-2-03
Sec. 17-3-01
Sec. 17-3-02
Sec. 17-3-03
B. The water improvement plan may be amended from time to time.
Water Facility Fees
The maximum impact fees per service unit for water facilities are
established in Schedule 1 of this Chapter.
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The impact fees per service unit for water facilities, which are to be
paid by new development are established in Schedule 2 of thi.q
Chapter.
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The impact fees per service unit for water facilities may be amended
from time to time.
ARTICI,F, III - SEWER FACILITIES FEES
Sanitary Sewer Benefit Area
The sanitary sewer benefit area as amended and updated for the City
is designated on the map as shown in Schedule 3 of thi.~ Chapter.
The boundaries of the sanitary sewer benefit area .
delineated.
Sanitary Sewer Iml}rovements Plan
The Capital Improvement Plan for Wastewater Facilities as amended
and updated pursuant to this Chapter shall be maintained in the office
of the City Secretary.
The sanitary sewer improvements plan may be amended from time to
time.
Sanitary Sewer Facilities Fees
The maximum impact fees per service unit for sanitary sewer facilities
are established in' Schedule 1 of this Chapter.
The impact fees per service unit for sanitary sewer facilities which are
to 'be paid by each new development are established in Schedule 2 of
this Chapter.
-The impact fees per service unit for sanitary sewer facilities may be
amended from time to time.
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ARTICLE IV - ROADWAY FACILITIES FEES
Sec. 17-4-01 Roadway Benefit Area
The roadway benefit areas as amended and updated are designated on
the map as shown in Schedule 4 of this Chapter.
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The boundaries of the roadway benefit area may be amended from
time to time, and new benefit areas may be established.
Sec. 174-02 Roadway Improvements Plan
The roadway improvements plan for the City as amended and updated
pursuant to this Chapter shall be maintained in the office of the City
Secretary.
B. The roadway improvements plan may be amended from time to time.
Sec. 17-4-03 Roadway Facilities Fee
The maximum impact fees per vehicle mile for each roadway benefit
area are established in Schedule 1 to this Chapter.
The impact fees per service unit which are to be paid by each new
development for each roadway benefit area are established in Schedule
2 of this Chapter.
The impact fees per service unit for roadway facilities may be amended
from time to time.
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 Sewer Benefit Area Map, Schedule 3; Roadway Benefit
Area, Schedule 4.
SECTION 4. That Sections 3-1-14 and 3-2-3 of the Code of Ordinances of the City
of Coppell, Texas, as amended, be, and the same are hereby repealed effective January 20,
1995 and such sections shall thereafter be reserved for future use.
SECTION 5. All unexpended substandard road fees, and water and sewer capital
recovery fees collected through Sections 3-1-14 and 3-2-3 of the Code of Ordinances, as
amended, shall not be refunded; and shall be spent for those purposes for which or/~nally
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collected to assist in providing for cominued improvement of the street system for the City
of Coppell, Texas, and to reduce future need for bond indebtedness.
SECTION 6. That this ordinance shall be and is hereby declared to be cumulative
of all the ordinances of the City of Coppell, Texas; and this ordinance shall not operate to
repeal or affect any other ordinances or the Code of Ordinances except insofar as the
provisions might be inconsistent or conflict with the provisions, in which even such
conflicting provisions, ff any, in such other ordinances or the Code of Ordinances are hereby
repealed.
SECTION 7. That should any sentence, paragraph, subdivision, dame, 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 8. That the ordinances of the City of Coppell, Texas in conflict with the
provisions of this ordinance or the Code of Ordinances, as amended hereby, be, and in the
same are hereby repealed, and all other provisions of the ordinances of the City of Coppell,
Texas or the Code of Ordinances, as amended hereby, not in conflict with provisions of this
ordinance shall remain in full force and affect.
SECTION 9. That ail 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 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 10. 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 thin
remedy shall be in addition to any penal proviaion in this ordinance or in thc Code of
Ordinances of thc City of Coppell, Texas as amended hereby.
SECTION 11. 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.
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of
D, xL~Y P~SED by the City Council of the City of Coppell, Texas on the
,1995.
OM MORTON, MAYOR
ATTEST:
~ GRAU, CITY SECRETARY
APPROVED AS TO FORM:
day
PETER G. SMYI~ CITY ATI'ORNEY
(PGS/ct 12128194)
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SCHEDUI,E 1
WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U.* Wastewater Impact
Fee
5/8"X 3/4" 1.00 $ 566.96
1" 2.50 $ 1417.40
1 1/2" 5.00 $ 2834.80
2" 8.00 $ 4535.68
3" 16.00 $ 9071.36
4" 25.00 $14,174.00
6" 62.50 $35,435.00
8" 80.00 $45,356.80
10" 115.00 $65,200.40
* From Texas Rural Water Association Recommended Meter Equivalents, based on
AWWA Specifications and Design Criteria
SCHEDULE 1 - PAGE 1
AGG06448
SCHEDULE 1
WASTE WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U.* Wastewater Impact
Fee
5/8"X 3/4" 1.00 $ 559.38
1" 2.50 $ 1398.45
1 1/2" 5.00 $ 2796.90
2" 8.00 $ 4475.04
3" 16.00
25.00
6230
am
10"
80.00
115.00
$ 8950.08
$13,98430
$34,961.25
$64.328.70
From Texas Rural Water Association Recommended Meter Equivalents, based on
AWWA Specifications and Design Criteria
SCHEDULE 1 - PAGE 2
AGG06448
SCHEDULE 1
ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT
Service Area Cost Per
Service Unit
1 606
2 340
3 392
4 1121
5 540
6 447
7 337
8 73
9 1173
10 1258
629
Weighted Average
SCI-IEDUI,F- 1 - PAGE 3
AOCA)6448
SCHEDULE 2
WATER FACILITY AND PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Meter Size E.S.U.*
5/8"X 3/4" 1.00
1" 2.50
1 1/2"
2"
3"
4"
6"
8"
10"
Water Impact Fee
$ 450
$1,125
5.00 $2,250
8.OO $3,600
16.00 $7,200
25.00 $11,250
62.50 $28,125
80.OO $36,00O
115.00
$51,750
*From Texas Rural Water Association Recommended Meter Equivalent, based on AWWA
Specifications and Design Criteria
SCHEDULE 2 - PAGE 1
AGG06448
SCHEDULE 2
WASTEWATER FACILITY AND PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Meter Size
E.S.U.*
5/8" X 3/4" 1.00
1" 2.50
! 1/2" 5.00
2" 8.00
3" 16.00
4" 25.00
6" 6230
#
80.00
115.00
Water Impact Fee
$ 450
$1,125
$2,250
$3,600
$7,200
$11 250
$28,125
$36,000
$51,750
*From Texas Rural Water Association Recommended Meter Equivalent, based on AWWA
Specifications and Design Criteria
SCHEDULE 2 - PAGE 2
ACJG064~
SCHEDULE 2
ROADWAY FACILITY PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Service Area Payment and Collection Fee
Per Vehicle Service Mile
1 300
2 3O0
3 300
4 300
5 3OO
6 3OO
7 300
8 73
9 3O0
10 300
SCHEDULE 2 - PAGE 3
SCHEDULE 3
V/ATER AND SE;~ER BENEFIT AREA MAP
SCHEDULE 4
RIgAD~/AY BENEFIT AREA
To:
From:
RE:
MEMORANDUM
Mayor and City Council
Kenneth M. Griffin, P.E., Asst. City Manager/Dir. Public Works
Discussion and consideration of approval of an ordinance amending Chapter 17
of the Code of Ordinance adopting a Roadway Impact Fee and amending the
Water and Sanitary Sewer Impact Fee and authorizing the Mayor to sign.
Date: January 10, 1995
For sometime now, Staff has been working with the consultant to develop a Roadway Impact
Fee to replace the current escrow policy. The Roadway Impact Fee will bring our substandard
road collection fees into compliance with Chapter 395 of the Texas Local Government Code.
The City is also amending it's Water and Sanitary Sewer Impact Fees which were originally
adopted in 1991.
Both the Roadway Impact Fee and Water and Sanitary Sewer Impact Fee were presented to the
Planning and Zoning Commission on November 1st, 1994. The Planning and Zoning
Commission is the Advisory Committee on Impact Fees to the City Council. Based on input
from Staff, the Planning and Zoning Commission recommended a Roadway Impact Fee of $300
per equivalent service unit for Zones 1-7, 9 & 10 and $73 for Zone 8. That number is
multiplied by a factor depending on the usage of the property and/or the square footage of the
building on the property in industrial/commercial districts.
The consultant who prepared the Water and Sanitary Sewer Impact Fee Study has recommended
a fee of $450 per equivalent service unit for both the water and sanitary sewer. The City
currently charges $450 for sanitary sewer and $650 for water.
The backup information for the Roadway Impact Fee was previously processed to the City
Council on December 13th, 1994.
Attached to this agenda item is the backup information for the Water and Sanitary Sewer Impact
Fee Study.
Staff will be available to answer any questions.
I
Minutes of November 1, 1994
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the City of Coppell met in special session at 7 p.m.,
on Tuesday, November 1, 1994, in the Coppell Town Center, 255 Parkway Boulevard, Coppell,
Texas 75019. The following members were present:
Chairman Marsha Tunnell
Commissioner Stan Lowry
Commissioner Texx Stewart
Commissioner Chuck Sturges
Commissioner Carl Thompson
Commissioner Larry Wheeler
Also present were City Engineer Ken Griffin, Planning Director Gary Sieb, and Administrative
Secretary Barbara Jahoda. Commissioner Redford was absent.
REGULAR SESSION 7 p.m. (Open to the Public)
1. Call to Order
Chairman Tunnell called the meeting to order.
2. Invocation
Commissioner Thompson gave the invocation.
3. RECESS INTO WORK SESSION: (Open to the Public)
Discussion headed by Ken Griffin, Assistant City Manager/City Engineer,
concerning a recommendation to the City Council on the Roadway Capital
Improvement Plan; the associated Impact Fee; Land Use Assumptions; Water and
Waste Water Capital Improvement Plans, and the proposed Water and Waste Water
Impact Fees.
City Engineer Ken Griffin presented an overview of the City's proposed upgrading of
water and waste water lines. After some discussion, it was suggested that the $450 fee
per equivalent service unit remain the same and that the existing water system fee of,
$650 be reduced to $450.
/
Regarding the Thoroughfare Plan, a $300 recommendation was made for all Zones with
the exception of Zone 8 which would remain at $73.
RECONVENE INTO REGULAR SESSION: (Open to the Public)
e
To consider the approval of making a recommendation to the City Council
concerning the Roadway Capital Improvement Plan and the associated Impact Fee.
Commissioner Sturges made a motion to recommend to Council approval of the Roadway
Capital Improvement Plan and a Roadway Impact Fee of $300 per equivalent service unit
for Zones 1-7, 9 and 10 and an equivalent service unit fee of $73 for Zone 8.
Commissioner Stewart seconded the motion. Motion carried (6-0) with Commissioners
Lowry, Wheeler, Thompson, Tunnell, Sturges and Stewart voting in favor. None
opposed. Commissioner Redford was absent.'
To consider the approval of making a recommendation to the City Council
concerning Land Use Assumptions, Water and Waste Water Capital Improvement
Plans and the proposed Water and Waste Water Impact Fees.
Commissioner Thompson made a motion to recommend to Council approval of the Land
Use Assumptions, Water and Waste Water Capital Improvement Plans and that the
proposed Water and Waste Water Impact Fees be $450 per equivalent service unit.
Commissioner Wheeler seconded the motion. Motion carried (6-0) with Commissioners
Lowry, Wheeler, Thompson, Tunnell, Sturges and Stewart voting in favor. None
opposed. Commissioner Redford was absent.
With nothing further to discuss, the meeting adjourned at 8:40 p.m.
M~'sl~a Tunnell, Chairma~ Ir
ATTEST:
~l~axTa H. Jahoda, t'/[dministrative Secretary
2
I
io t'V~T W3~
q,/a. oo
ROADWAY IMPACT FEE CHART
PROJECT NAME # OF LOTS ESCROW IMPACT FEE USING IMPACT FEE USING BUILDING
DUE MAXIMUM AMOUNT RECOMMENDED AMOUNT SQ. FT.
IN ZONES 1-10 IN ZONES 1-10
FOUNTAIN PARK 30 $100,528 $33,516 (3) $25,650 N/A
VILLAGE AT COTTONWOOD 152 $66,880 $262,519 (1) $129,960 N/A
CREEK SECT. IV
WOODLANDS 36 $204,608 $115,015 (4) $30,780 N/A
SAND POINT 27 $64,801 $26,163 (2) $23,085 N/A
GIBBS STATION PH. I 97 $0 $108,368 (3) $82,935 N/A
MJ DESIGN N/A $0 $624,246 (10) 9148,866 468133
CICI'S PIZZA N/A 90 $4,284 (2) 93,780 3600
LONE STAR PLYWOOD N/A 90 $140,015 (1 O) 933,390 105000
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING A
CAPITAL IMPROVEMENT PLAN FOR ROADWAY FACILITIES,
AMENDING THE LAND USE ASSUMP~. ONS AND THE CAPITAL
IMPROVEMENT PLAN FOR WATER AND WASTEWATER FACILITIES
AND AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF
THE CITY OF COPPELL, TEXAS AMENDING THE IMPACT FEES FOR
WATER AND WASTEWATER FACILITIES AND TO ESTABLISH IMPACT
FEES FOR ROADWAY FACILITIES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas previously imposed impact
fees for water and wastewater facilities for the financing of capital improvements required
by new development in the City; and
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
City of Coppell, Texas should also impose impact fees for roadway facilities for the financing
of capital improvements required by new development in the City; and
WHE~, Chapter 395 of the Texas Local Government Code regulates impact fees
on new development, and the City Council finds that the City of Coppell, Texas has
complied with Chapter 395 in all respects to amend the impact fees for water and
wastewater facilities or to adopt impact fees for roadway facilities; and
WHEREAS, the City Council established and appointed a Capital Improvements
Advisory Committee; and
WHERFa~, with the advice and assistance of the Capital Improvements Advisory
Committee, amendments to the Land Use Assumptions for Water and Wastewater Facilities
dated December 1994 have been prepared; and
WHEREAS, with the advice and assistance of the Capital Improvements Advisory
Committee, the Land Use Assnmptions for Impact Fees for Roadway Facilities dated July
14, 1994 have been prepared by/IBM Engineers & Planners and have been approved by the
City Council by Resolution following a public hearing; and
WHEREAS, based on the amendments to the Land Use Assumptions for Impact Fees
for Water and Wastewater Facilities, amendments to the Capital Improvements Plan for
Water and Wastewater Facilities have been prepared consisting of Water and Wastewater
System 1994 Capital Improvements Plan and Imp'act Fee Study for City of Coppell,. Texas
dated December 1994, by Rady & Associates; and
AGG0644D
/
WHEREAS, based on the Land Use Assumptions for Impact Fees for Roadway
Facilities, a Capital Improvements Plan has been prepared consisting of Roadway Impact
Fee Study Methodology and Results dated October 1994 by JBM Engineers & Planners; and
WHEREAS, the Capital Improvements Advisory Committee has filed written
comments on the Capital Improvements Plan for Roadway Facilities and the amendments
to the Capital Improvements Plan for Water and Wastewater Facilities; and the City Council
has received and reviewed those written comments; and
WHEREAS, the City Council of the City of Coppell, Texas has given the notices and
held public heatings required by Chapter 395 of the Texas Local Government Code for the
imposition of impact fees for the financing of capital improvements required by new
development within the City; and
WHEREAS, the City Council finds that it is in the best interest of the City of
Coppell, Texas and its citizens to approve and adopt the Capital Improvements Plan for
Roadway Facilities, the Amendments to the Land Use Assumptions and the Capital
Improvements Plan for Water and Wastewater Facilities, to establish impact fees consistent
with the Capital Improvements Plans, 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. That the City of Coppell, Texas Impact Fee Capital Improvements Plan
for Roadway Facilities dated October 1994, prepared by JBM Engineers & Planners, and
the amendments to the Land Use Assumptions and the Capital Improvements Plan for
Water and Wastewater Facilities consisting of the Water and Wastewater System 1994
Capital Improvements Plan and an Impact Fee Study for the City of Coppell, Texas dated
December 1994 prepared by Rady & Associates are hereby approved and adopted as the
amended Land Use Assumptions for Water and Wastewater Facilities and Capital
Improvements Plans of the City.
SECTION 2. That the City of Coppell Impact Fee Code, codified at Chapter 17 of
the Code of Ordinances of the City of Coppell, Texas be and the same is hereby amended
in part to read as follows:
Sec. 17-1-04 Definitions
"CHAPTER 17. IMPACT FEE CODE
ARTICLE I - IMPACT FEES
AGG0644D
(4)
(7)
Capital improvements mean roadway facilities and water and
wastewater facilities (including expansions of existing roadway facilities
and water and wastewater facilities to provide additional capacity) that
have a life expectancy of three (3) or more years, owned and operated
by or on behalf of the City; and which are identified as capital
improvements or facility expansions in the Capital Improvements
Plans.
Facility expansion means the expansion of the capacity of an existing
facility that serves the same function as an otherwise necessary new
capital improvement, in order that the existing facility may serve new
development. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve
existing development.
(9)
(10)
(11)
Impact fees mean fees imposed on new development pursuant to thi.q
Chapter in order to fund or recoup the costs of capital improvements
or facilities expansions necessitated by and attributed to such new
development. Impact fees do not include the dedication of right-of-
ways or easements for such facilities with the construction of such
improvements.
Impact fee Capital Improvements Plan means capital improvements
plans adopted by the City Council, as updated and amended pursuant
to this Chapter. The capital improvements plan identifies those capital
improvements for which impact fees may be imposed by the City, the
service areas, the maximum fee rate allowed in accordance with the
impact fee statute, and other pertinent information.
Land Use Assumptions mean the land use assumptions adopted by the
City Council, as updated and amended pursuant to this Chapter. The
land use assumptions serve as the basis for the capital improvements
plan and project changes in land uses, densities, intensifies and
population in the service areas of the City. The land use assumptions
include the description of the service area and projections of changes
in the land use, densities and population in the service area over a ten
(10) year period.
(12)
New development means the subdivision of land or a project involving
the construction, reconstruction, conversion, structural altercation,
relocation or enlargement of any structure, or any use or extension of
land, which has the effect of increasing the requirements for capital
improvements or facilities expansions, measured by the number of
service units to be generated by such activity, and which require either
the approval and filing of a plat pursuant to the City's Subdivision
Ordinance, the issuance of a building permit, or connection to the
City's water or sanitary system.
(14.1)
(i5)
(is.i)
(16)
Roadway facilities mean arterial or collector streets or roads which
have been designated on an officially adopted roadway plan of the
City, together with all necessary appurtenances, but does not include
any roadways or associated improvements designated on the Federal
or Texas Highway System.
Service Area means in the case of impact fees for roadway facilities,
any of the several roadway facility benefit areas described on the
service area map. In the case of impact fees for water and wastewater
facilities, service area means either a water benefit area or sanitary
sewer benefit area within the City, within which impact fees for capital
improvements or facilities expansions will be collected for new
development occurring within such area and within which fees so
collected will be expended for those types of capital improvements or
expansions identified in the capital improvements plan applicable to
the service area.
Roadway expansion means the expansion of the capacity of an existing
roadway in the City but does not include the repair, maintenance,
modernization, or expansion of an existing roadway to better serve
existing development.
Service unit means in the case of impact fees for water and wastewater
facilities, the applicable standard unit of measures shown on the
conversion table in the Impact Fees Capital Improvements Plan for
Water and Wastewater Facilities which can be converted to five
eighths inch times three-fourths inch (5/8" X 3/4") water meter
equivalent, as the context indicates, which serves as the standardized
measure of consumption, use or generation attributable to the new unit
of development. In the case of impact fees for roadway facilities, the
service unit shall be a %ekicle - mile in the p.m. peak hour", as more
particularly described in the Impact Fees Capital Improvements Plan
for Roadway Facilities.
-4- AGG0644D
(21)
Site-related facility means an improvement or facility which is for the
primary use or benefit of a new development and/or which is for the
primary purpose of safe and adequate provision of roadway, water or
sanitary sewer facilities to serve the new development, and which is not
included in the impact fees capital improvements plan and for which
the developer or property owner is solely responsible under the City's
Subdivision Ordinance or other applicable ordinances.
Sec. 17-1-07 Land Use Assumptions
Land use assumptions for the City shall be considered for update at
least every three (3) years.
Bo
The Advisory Committee shall recommend to the City Council whether
updating is necessary or appropriate.
Amendments to land use assumptions shall incorporate projections of
changes in land uses, densities, intensities, and population therein over
at least a ten (10) year period.
Sec. 17-1-08 Impact Fees per Service Unit
A. An impact fee.., and are established in Schedule 1 of this Chapter.
Bo
The impact fee per service unit, which is to be paid by each new
development within the service area shall be an mount less than or
equal to the max/mum impact fee per service unit. Impact fees that
are to be paid are established in Schedule 2 of this Chapter.
C. Impact Fee Schedules 1 and 2 may be amended from time to time.
Sec. 17-1-09 Assessment of Impact Fees
Assessment of the impact fee for any new development shall be made
as follows:
For development which is submitted for approval pursuant to
the City's Subdivision Ordinance following the January 20, 1995
assessment shall be made in the development review process,
and shall be the amount of the actual impact fee per service
-5-
unit then in effect, as set forth in Schedule 2. The City, at its
sole discretion, 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.
For development which has received final plat approval by City
Council prior to January 20, 1995, and for which no replatting
is necessary, impact fees for Water and Wastewater Facilities
shall be determined according to the fee schedule in effect at
the time of approval as set forth in Schedule 2.
For development for which an application for plat approval has
been filed with the City prior to January 20, 1995, 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.
The assessment of impact fees may change as the result of
future amendments to the Code of Ordinances and other
applicable ordinances of the City. If the payment and collection
rate changes, the applicable payment and collection rate for
purposes of calculating impact fees payable shall be the lesser
of: (i) the payment and collection rate as set forth in Schedule
2 in effect at the time the impact fee is payable; and (ii) the
payment and collection rate as set forth in Schedule 2 prior to
such amendment.
Sec. 17-1-10
An application for an amending plat made pursuant to Section 212.016
of the Texas Local Government Code, as amended, and the City's
Subdivision Ordinance is not subject to reassessment for an impact fee.
Computation and Collection of Impact Fees
The impact fees due for new development shall be collected prior to
recordation of the subdivision plat or at the time of connection to the
City water or sewer system or at the time the City issues a building
permit, if new development occurs or is proposed to occm' without
platting, unless an agreement between the developer and the City has
been executed providing for a different time of payment.
-6 - AGG0644D
Sec. 17-1-11
Following the filing and acceptance of an application for plat, building
permit or the request for connection to the City's water or wast,water
system, as the case may be, the City shall compute the impact fees due
for the new development in the following manner:
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.
The amount of each impact fee due shall be reduced by any
allowable offsets or credits for that category of capital
improvements.
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.
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.
De
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.
Whenever the property owner proposes to increase the number of
service units for a development, the additional impact fees collected
for such new service units shall be determined by using the schedule
then in effect, and such additional fee shall be collected prior to the
issuance of a new building permit, or prior to enlargement of the
connection to the City's water or sanitary sewer system.
Suspension of Fee Collection
There is no suspension period for impact fees for water and
wastewater facilities for new development which has not received final
approval prior to November 12, 1991.
-7-
Sec. 17-1-12
Suspension of impact fee collection for roadway facilities shall be as
follows:
For any new development for which an application for plat
approval has been filed prior to January 20, 1995 in accordance
with Chapter 212 of the Texas Local Government Code as
amended or pursuant to the City's Subdivision Ordinance, or for
which an application for final plat approval has been made
prior to that date, the City may assess, but shall not collect any
impact fees as herein defined, on any service unit for which a
valid building permit is issued within one (1) year subsequent
to January 20, 1995.
If the building permit, which is obtained within the period
provided for above, subsequently expires, and no new
application is made and approved within such a period, the new
development shall be subject to the payment of roadway impact
fees.
During such one year period, the City may impose and collect
on such new development escrow fees for roadway facilities as
determined by a pro rata charge as provided in Article 18-11 of
the Code of Ordinances, unless the amount of such substandard
roadway fee exceeds the amount of roadway impact fees
otherwise due pursuant to Schedule 2 of this Chapter, in which
event the City shall collect the lesser amount. After the
expiration of such period, collection of such escrow fees, unless
elsewhere expressly authorized, shall be suspended and roadway
impact fees shall be collected for such new development
pursuant to the provisions of this Chapter.
Offsets and Credits Against Impact Fees
City shall offset the reasonable value of any area-related facilities,
pursuant to rules.., category of capital improvement. The City shall
credit eligible escrow fees deposited for roadway facilities prior to
January 20, 1995, 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.
B. All offsets and credits
'8- AGG0644D
If an offset or credit applicable to a plat has not been
exhausted within ten (10) years from the acquisition of the first
building permit issued or connection made after the effective
date of the adoption of the applicable impact fees or within
such period as may othenvise be designated by contract, such
offset or credit shall lapse.
o
In no event Mi1 the City reimburse the property owner or
developer for an offset or credit when no impact fees for the
new development can be collected pursuant to this Chapter or
for any mount exceeding the total impact fees due for the
development for the category of capital improvement, unless
otherwise agreed to by the City.
No offsets shall be given for roadway facilities which are not
identified within the applicable impact fees capital
improvements plan, except that offsets may be given for the
value of dedicated fights-of-way or the value of constructed
capital improvements for roadways designated in the City's
thoroughfare plan built to City standards and initially accepted
by the City.
No credit shall be given for roadway facilities which are not
identified within the applicable impact fee capital improvements
plan, except that a credit may be given for money deposits
(other than impact fees) paid to the City toward the cost of
rights-of-way or the cost of constructing capital improvements
for eligible roadways designated in the City's thoroughfare plan
built to City standards and accepted by the City.
Co
Sec. 17-1-13 Establishment of Accounts
mJ
The City's Finance Department shall establish an account to which. · . pursuant to this Chapter. Each.
Interest earned on. . for the purposes authorized by Chapter 395
of the Texas Local Government Code, as amended.
The City's Finance Department. . by Chapter 395 of the Texas
Local Government Code, as amended. Dispersement. . and intent
of this Chapter,.
-9- AGG0644D
Sec. 17-1-14
Use of Proceeds of Impact Fee Accounts
A. The impact fees. . to this Chapter.
B. Impact fees collected pursuant to this Chapter shall not be used to pay
for any of the following expenditures:
Sec. 1%1-15
Se
Appeals
Administrative and operating costs of the City; or
Roadway facilities or roadway expansions in the extraterritorial
jurisdiction of the City.
Sec. 17-1-16
Refunds
A. Any impact fee. . to this Chapter, which.
B. An impact fee collected pursuant to this Chapter shall.., under this
Chapter within.
Sec. 1%1-17 Update
A.
Ce
of Plan and Revision of Fees
The land use assumptions and capital improvemems plan shall be
reviewed and evaluated by the Advisory Committee at least every three
(3) years. The Advisory Committee shall recommend to the City
Council whether updating is necessary or appropriate.
If the City Council determines that the land use assumptions and the
capital improvements plan should be updated to reflect changed
conditions, it shall cause the updated land use assumptions and the
updated capital improvements plan to be prepared before the end of
the applicable three (3) year period, following which, the applicable
procedures in Chapter 395 of the Texas Local Government Code, as
amended, for amending 'land use assumptions, the capital
improvements plan, and this Chapter shall be followed.
If the City Council determines that the land use assumptions and the
capital improvements plans do not need to be updated, it shall comply
-10- ^OC,0¢,44D
Sec. 17-1-18
with the applicable notice and other procedures incident to that
decision under Chapter 395 of the Texas Local Government Code, as
amended.
Do
Notwithstanding the above, the City may review the land use
assumptions, the capital improvement plans, and the impact fees more
frequently than provided above to determine whether the land use
assumptions, the capital improvements plans and impact fees should
be amended.
Functions of the Capital Improvement Advisory Committee
Sec. 17-1-19 Agreement for Capital Improvements
An owner of a new development may construct or finance a capital
improvement or facility expansion designated in the impact fee capital
improvement plan, if required or authorized by the City, by entering
into an agreement with the City prior to the approval of final plat for
the development. The agreement shall be in a form acceptable to the
City, and shall identify the estimated costs, the improvement, or
expansion, the schedule for initiation and completion of the
improvement and expansion, a requirement that the improvement be
designed and completed to City standards and such other terms and
conditions as deemed necessary by the City. The agreement shall
provide for the method to be used to determine the amount of the
offset to be given against impact fees due for the development.
Sec. 17-1-20 Use of Other Financing Mechanisms
The City may finance capital improvements or facilities expansions
designated in the impact fee capital improvements plan through the
issuance of bonds, through the formation of public improvement
districts or other assessment districts, or through any other author/zed
mechanism, in such a manner and subject to such limitations as may
be provided by law, in addition to the use of impact fees.
Except as otherwise provided, the assessment and collection of the
impact fees shall be additional and supplemental to, and not in
substitution of, any other tax, fee, charge or assessment which is
lawfully imposed on and due against the property.
-11- ^OC, O~D
Sec. 17-1-21
Sec. 17-1-22
Sec. 17-1-23
Co
City may pay all or part of impact fees due for a new development
taking into account available offsets and credits pursuant to duly
adopted criteria.
Impact as Additional and Supplemental Regulation
B.
Relief
Impact fees established by this Chapter.
Receipt by the City of impact fees payable under this Chapter is a
condition to the release of plats for recording, to the issuance of a
building permit or certificate of occupancy, or to water and sewer
utility connection and service, as the case may be.
Procedures
Any person who has paid.
Chapter.
The City Council may grant. · to this Chapter,.
· by this Chapter.
· pursuant to this
Co
D.
[Reserved for Future Use]
· any requirement of this Chapter,.
The City Council may. . of this Chapter on.
Sec. 17-2-01
Sec. 17-2-02
Water
Bo
Water
A.
ARTICLE II- WATER FACILITIES FEES
Benefit Area
The water benefit area for the City as amended and updated is
designated on the map as shown in Schedule 3 of this Chapter·
The boundaries of the water benefit area. . may be delineated.
Improvement Plan
The capital improvement plan for water facilities as amended and
updated pursuant to this Chapter shall be maintained in the office of
the City Secretary.
-12- AOCKI644D
Sec. 17-2-03
Sec. 17-3-01
Sec. 17-3-02
Sec, 17-3-03
B. The water improvement plan may be amended from time to time.
Water Facility Fees
The maximum impact fees per service unit for water facilities are
established in Schedule 1 of this Chapter.
The impact fees per service unit for water facilities, which are to be
paid by new development are established in Schedule 2 of this
Chapter.
The impact fees per service unit for water facilities may be amended
from time to time.
ARTICLE III - SEWER FACILITIES FEES
Sanitary Sewer Benefit Area
The sanitary sewer benefit area as amended and updated for the City
is designated on the map as shown in Schedule 3 of this Chapter.
The boundaries of the sanitary sewer benefit area .
delineated.
· may be
Sanitary Sewer Improvements Plan
The Capital Improvement Plan for Wastewater Facilities as amended
and updated pursuant to this Chapter shall be maintained in the office
of the City Secretary.
The sanitary sewer improvements plan may be amended from time to
time.
Sanitary Sewer Facilities Fees
The maximum impact fees per service unit for sanitary sewer facilities
are established in Schedule 1 of this Chapter.
The impact fees per service unit for sanitary sewer facilities which are
to 'be paid by each new development are established in Schedule 2 of
this Chapter.
-The impact fees per service unit for sanitary sewer facilities may be
amended from time to time.
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ARTICLE IV - ROADWAY FACILITIES FEES
Sec. 17-4-01 Roadway Benefit Area
The roadway benefit areas as amended and updated are designated on
the map as shown in Schedule 4 of this Chapter.
The boundaries of the roadway benefit area may be amended from
time to time, and new benefit areas may be established.
Sec. 17-4-02 Roadway Improvements Plan
The roadway improvements plan for the City as amended and updated
pursuant to this Chapter shall be maintained in the office of the City
Secretary.
B. The roadway improvements plan may be amended from time to time.
Sec. 17-4-03 Roadway Facilities Fee
The maximum impact fees per vehicle mile for each roadway benefit
area are established in Schedule 1 to this Chapter.
The impact fees per service unit which are to be paid by each new
development for each roadway benefit area are established in Schedule
2 of this Chapter.
The impact fees per service unit for roadway facilities may be amended
from time to time.
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 Sewer Benefit Area Map, Schedule 3; Roadway Benefit
Area, Schedule 4.
SECTION 4. That Sections 3-1-14 and 3-2-3 of the Code of Ordinances of the City
of Coppell, Texas, as amended, be, and the same are hereby repealed effective January 20,
1995 and such sections shall thereafter be reserved for future use.
SECTION 5. All unexpended substandard road fees, and water and sewer capital
recovery fees collected through Sections 3-1-14 and 3-2-3 of the Code of Ordinances, as
amended, shall not be refunded; and shall be spent for those purposes for which originally
-14- AGG0644D
collected to assist in providing for continued improvement of the street system for the City
of Coppell, Texas, and to reduce future need for bond indebtedness.
SECTION 6. That this ordinance shall be and is hereby declared to be cumulative
of all the ordinances of the City of Coppell, Texas; and this ordinance shall not operate to
repeal or affect any other ordinances or the Code of Ordinances except insofar as the
provisions might be inconsistent or conflict with the provisions, in which even such
conflicting provisions, if any, in such other ordinances or the Code of Ordinances are hereby
repealed.
SECTION 7. 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 inval/d, 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 8. That the ordinances of the City of Coppell, Texas in conflict with the
provisions of this ordinance or the Code of Ordinances, as amended hereby, be, and in the
same are hereby repealed, and all other provisions of the ordinances of the City of Coppeil,
Texas or the Code of Ordinances, as amended hereby, not in conflict with provisions of this
ordinance shall remain in full force and affect.
SECTION 9. 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 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 10. 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 Coppeil, Texas as amended hereby.
SECTION 11. 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.
-15- ^GC, OCmD
of
D~Y P~SED by the City Council of the City of Coppell, Texas on the
,1995.
APPROVED:
OM MORTON, MAYOR
ATTEST:
L~ GRAU, C SECRETARY
APPROVED AS TO FORM:
(PGS/ct 12/28/94)
day
-16- AGG-0644D
SCHEDULE 1
WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U.* Wastewater Impact
Fee
5/8" X 3/4" 1.00 $ 566.96
1" 2.50 $ 1417.40
1 1/2" 5.00 $ 2834.80
2" 8.00 $ 4535.68
3" 16.00 $ 9071.36
4" 25.00 $14,174.00
6" 62.50 $35,435.00
8" 80.00 $45,356.80
10" 115.00 $65,200.40
* From Texas Rural Water Association Recommended Meter Equivalents, based on
AWWA Specifications and Design Criteria
SCHEDULE 1 - PAGE 1
AGG-06448
SCHEDULE 1
WASTE WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size
5/8" X 3/4"
1 1/2"
E.S.U.*
1.00
2.50
5.00
2" 8.00
3" 16.00
4" 25.00
!!
62.50
Wastewater Impact
Fee
$ 559.38
$ 1398.45
$ 2796.90
$ 4475.04
$ 8950.08
$13,984.50
$34,961.25
8" 80.00 $44,750.40
10" 115.00 $64,328.70
From Texas Rural Water Association Recommended Meter Equivalents, based on
AWWA Specifications and Design Criteria
SCHEDULE 1 - PAGE 2
AGG06448
SCHEDULE 1
ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT
Service Area Cost Per
Service Unit
I 606
2 340
3 392
4 1121
5 540
6 447
7 337
8 73
9 1173
10 1258
Weighted Average 629
SCHEDULE 1 - PAGE 3
AGG06448
SCHEDULE 2
WATER FACILITY AND PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Meter Size E.S.U.*
5/8"X 3/4" 1.00
1" 2.50
! 1/2" 5.00
2" 8.00
Water Impact Fee
$ 450
$1,125
$2,250
$3,600
3" 16.00 $7,200
4" 25.00 $11,250
6" 62.50 $28,125
8" 80.00 $36,000
Iff' 115.00 $51,750
*From Texas Rural Water Association Recommended Meter Equivalent, based on AWWA
Specifications and Design Criteria
SCHEDULE 2 - PAGE 1
AGG06448
SCHEDULE 2
WASTEWATER FACILITY AND PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Meter Size E.S.U.* Water Impact Fee
5/8"X 3/4" 1.00 $ 450
r' 2.50 $1,125
1 1/2" 5.00 $2,250
2" 8.00 $3,600
3" 16.00 $7,200
4" 25.00 $11,250
6" 62.50 $28,125
8" 80.00 $36,000
10" 115.00 $51,750
*From Texas Rural Water Association Recommended Meter Equivalent, based on AWWA
Specifications and Design Criteria
SCHEDULE 2 - PAGE 2
AGG06448
SCHEDULE 2
ROADWAY FACILITY PAYMENT AND COLLECTION FEE
PER SERVICE UNIT
Service Area Payment and Collection Fee
Per Vehicle Service Mile
1 3O0
2 300
3 300
4 300
5 300
6 300
7 300
8 73
9 300
10 300
SCHEDULE 2 - PAGE 3
AGG06448
WA TER AND SE WER
CITY OF COPPELL,
MAP
TEXAS
R OA D WA Y IMPA C T FEE MA P
CITY OF COPPELL, TEXAS
15.
Consideration and approval of an ordinance revising the City of Coppell
Thoroughfare Plan to designate Sandy Lake Road as a four-lane divided
boulevard (C4D) from Denton Tap Road to MacArthur Blvd. and authorize
the Mayor to sign.
Ken Griffin, Assistant City Manager/Director of Public Works, addressed concerns of where
Sandy Lake Road will be situated. No action was taken on this item pending negotiations with
the Public Utilities Commission and TU Electric.
16.
PUBLIC HEARING: To consider the amendment of Land Use Assumptions,
the Capital Improvement Plan for Water and Wastewater Facilities, and to
consider the imposition of Water and Sanitary Sewer Impact Fees; and
consider the adoption of a Capital Improvements Plan for and the imposition
of impact fees for Roadway Facilities.
Ken Griffin, Assistant City Manager/Director of Public Works, made a presentation to the
Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to
speak against this proposal. There were none. He then asked for those persons wishing to
speak in favor of this proposal. Again, there were none. Mayor Pro Tem Robertson moved to
close the Public Heating and approve Item 16 and Ordinance No. 95685 amending Chapter 17
of the Code of Ordinances, adopting a Roadway Impact Fee and amending the Water and
Sanitary Sewer Impact Fee, and authorizing the Mayor to sign. Councilmember Reitman
seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion.
17.
Discussion and consideration of approval of an ordinance amending Chapter
17 of the Code of Ordinances, adopting a Roadway Impact Fee and amending
the Water and Sanitary Sewer Impact Fee, and authorizing the Mayor to sign.
This item was considered under Item 16. See Item 16 for minutes.
18.
Consideration and approval to award Bid Q-1194-04 for Cleaning and Related
Services to American Housekeeping, Inc. in the amount of $34,619.52 for all
City facilities to include the new Library with services commencing
February 1, 1995.
Mayor Pro Tem Robertson moved to approve Bid Q-1194-94 for Cleaning and Related Services
to American Housekeeping, Inc. in the amount of $34,619.52 for all City facilities to include
the new Library with services commencing February 1, 1995. Councilmember Reitman
CM011095
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