0330
ORDINANCE NO. 330
An Ordinance of the City of Southlake, Texas,
establishing fees to be paid as a result of the
impact of new developement and construction upon
water and streets in such city and the impact
of such new development necessitating the future
construction of a sewer system, establishing a
requirement for time of payment; providing for
certain exemptions; establishing funds for the
deposit of fees collected pursuant to this
ordinance; providing for injunctive action upon
violation of said ordinance; providing for an
effective date; containing a severability clause
and containing a savings clause; and providing
for publication.
WHEREAS, the City of Southlake, Texas, is experiencing rapid
development of its undeveloped and unimproved land into residential,
commericial and industrial uses; and
WHEREAS, such existing and future development and improvement of
such land is greatly impacting the existing streets, roads and
thoroughfares of such city in a manner that such development and
improvement is now necessitating and will continue to necessitate
repairs and expansion of such roads, streets and thoroughfares to
accomodate the increased traffic directly and indirectly resulting
from the improvement of unimproved land and the population increases
resulting therefrom; and
WHEREAS, such existing and future developement and improvement
of land is impacting, and will continue to impact, the existing
water system in a manner that such growth in construction and
improvement will require an upgrading and sizing of the existing
water mains, delivery system, and towers and will require the
construction of new mains, delivery system and towers to provide and
maintain sufficient distribution facilities and to provide and
maintain a satisfactory water supply which is being and will continue
to be diminished as a result of the impact of such developement and
improvement of unimproved land and as a result of the population
increases resulting therefrom; and
WHEREAS, such presently existing and future development of land
is necessitating the planning and future construction of a sanitary
sewer system to provide for effective means of disposing of effluent
and waste which will no longer be able to be adequately disposed of
through septic tanks; and
WHEREAS, the City Council of such city is of the opinion that as
a result of such impact, all future improvement of land in Southlake
shall contribute to the costs to be incurred by the City of Southlake
and the citizens living in such city at the present time and who have
incurred the expenses of the current facilities for past improvements
to Southlake's water system and roads, streets and thoroughfares, and
who are and will be paying for the undertaking of a sanitary sewer
system for such City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS THAT:
Section (1)- Water System Impact Fee-Upon application being made
for water service and the installation of a water meter for any
tract, lot or parcel of land to which no water service has been
provided previously, and which is located in the water service area
of the City of Southlake Municipal Water System, there shall be
charged to and collected from such applicant as a condition to the
providing of such requested water service, a one time fee per lot,
tract or parcel, for the availability of water to such lot, tract or
parcel, in addition to and not in lieu of any other applicable fees,
which said "availability fee" shall be in an amount as set forth
below and as may from time to time hereafter be amended, based upon
the use classification of the subject property:
A. Water Service to a lot, tract or parcel
of land zoned for agricultural or residen-
tial use, including mobile home/modular home
use--$500.00 per each residential dwelling
structure to which water is supplied.
B. Water Service to a lot, tract or parcel
of land zoned for commerical, industrial or
retail use or any use not classified in a
zoning district as agricultural or residential
--$500.00 per gross acre of lot, tract or
parcel of land to which the water service
is furnished.
Section (2)-Water System Improvement Fund- All funds collected
by the City of Southlake pursuant to Section 1 above shall be placed
into a special fund and account to be kept separate from all other
funds of the City and said account shall be entitled the "City of
Southlake-Water System Improvement Fund" and all funds therein shall
be used solely for capital improvements, including studies and
engineering thereof, to the water system, with expenditures from such
fund to be made at such times and in such amounts as designated from
time to time by the City Council by resolution.
Section (3)-Arterial and Thoroughfare Street and Road Impact
Fee-Upon application being made for a building permit for any tract,
lot or parcel of land located within the City of Southlake, there
shall be collected from the applicant for such building permit, prior
to the issuance thereof, a fee for the availability of arterial and
thoroughfare roads and streets within the City of Southlake and for
the impact of such construction thereon and for use and access
thereof to such lot, tract or parcel, which fee shall be in addition
to and not in lieu of any other applicable fees, and which
fee shall be as set forth below based upon classification of use,
provided however that a road and street availability fee shall only
be collected in connection with any lot, tract or parcel one time,
except as otherwise provided herein for subdivisions of land
occurring after the effective date of this ordinance.
A. Per Building Permit issued
for each residential dwelling
structure located upon a lot,
tract or parcel of land zoned
for any residential use-$1000.00
B. Per Building Permit issued for
construction of improvements upon
any land zoned for commercial,
industrial or retail use or any use
not classified in a zoning district
as agricultural or residential-$1000.00
per gross acre of the lot, tract or
parcel upon which the improvement to
be constructed will be located.
Section (4)- Road and Thoroughfare Improvement Fund- All funds
collected by the City of Southlake pursuant to Section 3 above shall
be placed into a special fund and account to be kept separate from
all other funds of the city with said account to be entitled the
"City of Southlake-Street, Road and Thoroughfare Improvement Fund"
and all funds therein shall be used solely for capital improvements
to existing arterial roads, streets and thoroughfares and for the
construction of new arterial streets, roads and thoroughfares in such
City at such time and in such amounts as designated from time to time
by the City Council by Resolution. The term "capital improvements"
as used in this section shall include studies and engineering costs
associated with such "capital improvements.
Section (5)- Sanitary Sewer System Impact Fee- Upon application
being made for a building permit for any tract, lot or parcel of land
located within the City of Southlake, there shall be collected from
the applicant for such building permit, prior to the issuance
thereof, a fee for the impact of such construction upon the
necessity for such City to create and construct a sanitary sewer
system and for the future availability of same and for the future use
and access of same by such lot and structure erected thereon,
which fee shall be in addition to and not in lieu of any other
applicable fees, and which fee shall be as set forth below based upon
classification of use, provided however that a sanitary sewer
system impact fee shall only be collected in connection with any lot,
tract or parcel one time, except as otherwise provided herein for
subdivisions of land occurring after the effective date of this
ordinance.
A. Per Building Permit issued for each
residential dwelling structure to be
located upon a lot, tract or parcel
zoned for any residential use - $500.00
B. Per Building Permit issued for construction
of improvements upon any lot, tract or parcel
or land zoned for commerical, industrial or
retail use or any use not classified in a
zoning district as agricultural or residential
500.00 per gross acre of the lot tract or
parcel upon which the improvement to
be constructed will be located.
Section 6-Sanitary Sewer System Fund- All funds collected by
the City of Southlake pursuant to Section 5 above shall be placed
into a special fund and account to be kept separate from all other
funds of the City with said account to be entitled the "City of
Southlake- Sanitary Sewer Fund" and all funds therein shall be used
solely for creation, study, development and construction of a
sanitary sewer system for the City of Southlake, with expenditures
from such fund to be made at such time and in such amounts as
designated from time to time by the City Council by resolution.
Section 7-Subdivided Tracts- Upon the subdividing of any tract
or parcel of land into two or more tracts for which a final plat
approval is received or which subdivision otherwise occurs subsequent
to the effective date of this ordinance such tracts, parcels or lots
created as a result of such subdividing, by plat or otherwise, shall
be treated as new and distinct lots, tracts or parcels for the
purposes of this ordinance and the fees imposed hereunder and any fee
previously paid pursuant to this ordinance in connection with water
service or building permits for the original tract prior to such
subdividing shall be allocated, at the direction of the subdivider,
to any one lot, tract or parcel created by such subdivision of land,
or, to the remaining portion, if any, of the original lot, tract or
parcel from which such subdivision occurs, and all other remaining
lots, tracts or parcels resulting from such subdividing shall be
subject to the fees required under this ordinance for water
availability, for streets, roads and thoroughfares, and for sanitary
sewer system impact.
Section (8)-Grandfather Rights-Existing Water Service- It is
not intended and this ordinance shall not be interpreted to require
the payment of any water availability fee for any lot, tract or
parcel of land or structure located thereon to which water service is
being furnished on the effective date of this ordinance, except as
may be required as a result of the subdivision of such lot, tract, or
parcel subsequent to the effective date of this ordinance. It is
further intended and so ordained that once a fee has been collected
for water availability to a particular tract, lot or parcel of land,
except as to future subdivisions of said lot, tract or parcel of
land, there shall be no future charge or collection of a water
availability fee to such lot, tract or parcel, regardless of change
of water service or customers unless the zoning use classification of
such lot, tract or parcel changes to a use that would otherwise
require a fee greater than that already collected.
Section (9)-Effective Date-Building Permits- (a) This
ordinance is to apply to and be effective as to any building permit
application for construction of improvements upon a lot,tract or
parcel of land zoned for agricultural, residential, or mobile
home/modular home use, not granted or approved as of the effective
date of this ordinance.
(b) This ordinance is to apply to and be effective as to
anybuilding permit application for construction of improvements upon
a lot, tract or parcel of land zoned for light commerical, heavy
commercial, neighborhood community service commercial, or
heavy commercial uses or for any use other than for residential
purposes, not granted or approved for issuance as of the sixty-first
day from and after the date that this ordinance was passed and
adopted.
Section (10)-Legal Remedies- Upon a majority vote of the City
Council by Resolution instructing the City Attorney for the City of
Southlake to seek injunctive or other relief, any violation of this
ordinance may be remedied by injunctive action or by suit for
collection of the particular fee to be collected.
Section (11)- Effective Date- Generally- This ordinance shall
be and become effective from and after its passage and publication as
required by law, except that implementation of fees to be collected
pursuant to this ordinance shall commence as set forth in Section 9
above.
Section (12)- Severability Clause- Should any section,
subsection, clause or paragraph of this ordinance be declared or
determined to be invalid or unconstitutional, then it is the intent
of the City Council of the City of Southlake, that such invalidity or
unconstitutionality shall not affect the remaining portion or
portions of this ordinance, and such remaining portion or portions of
this ordinance would have been passed and adopted notwithstanding the
invalidity or unconstitutionality of the other portion or portions.
Section (13)-Non-Cumulative Effect Of Ordinance- This ordinance
shall be in addition to and not cumulative of any other ordinances of
the City of Southlake establishing fees of any nature and this
ordinance shall not be intended to, and it shall not, repeal any such
prior ordinance. All fees calculated, charged and collected pursuant
to this ordinance are and shallbe in addition to andnot in lieu of
anyo ther fees collected bythe City of Southlake pursuant to other
ordinances.
SPASSED AND ADOPTED this 21st day of June, 1986, by a vote of
ayes, and 0 nays, and 0 abstaining.
l.' L
L a
ryd
a, Jr., yor
y •Sothlake Texas
Attest : j
`S ndra LeGrand
City Secretary
Aproved as to form:
William H`: Smith
City Attorney