Loading...
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, -3- AGG0644D 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 Co Sec. 17-1-09 Bo 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 - A~D 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. -6- A~C.~4~ Sec. 17-1-11 Bo 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. -7- AOC,0644D Sec. 17-1-12 Bo 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 Bo 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 -8- 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,. -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. 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. Bo 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. -11- AC, C_,a~V 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 Bo The City Council may grant. · to this Chapter,. · any requirement of this Chapter,. C. The City Council may. . of this Chapter on. Do [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. -12- 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. Bo 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. Co 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. -13- AOOOSUn 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. Bo 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 -14- ^ooo~n 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. -15- ACm0~D 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) -16- 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. -13- AGG06t4D 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 Page 8 of 11