0510 •
G
ORDINANCE NO. no
AN ORDINANCE RELATING TO THE REGULATI N OF HE USE AND
DEVELOPMENT OF LAND IN THE INCORP RATED LIMITS OF
SOUTHLAKE, TEXAS; IMPOSING AN IMPA T F E ON LAND
DEVELOPMENT IN SOUTHLAKE FOR PROVIDIN WAT R AND SEWER
FACILITIES NECESSITATED BY SUCH NEW DE ELOPM NT; STATING
THE AUTHORITY FOR ADOPTION OF THE ORD NANC ; PROVIDING
DEFINITIONS; PROVIDING FINDINGS AND D CLARA IONS OF THE
CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND
TIME OF PAYMENT OF A WATER AND SEWER FACIL TIES IMPACT
FEE; PROVIDING FOR REVIEW OF WATER AND SEWE FACILITIES
IMPACT FEES AND THE FEE SCHEDULES; PROVID NG FOR THE
PLACEMENT OF REVENUE COLLECTED FROM WATE ' AND SEWER
FACILITIES IMPACT FEES INTO WATER AND SEWE ' FACILITIES
IMPACT FEE ACCOUNTS ESTABLISHED FOR T. T PURPOSE;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF
UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS liERIVED FROM
WATER AND SEWER FACILITIES IMPACT FEES; PR•VIDING THAT
WATER AND SEWER FACILITIES IMPACT FEES MA . BE PLEDGED
TOWARD PAYMENT OF BOND ISSUES AND S MILAR DEBT
INSTRUMENTS; PROVIDING A SAVINGS CLAUSE; P 'OVIDING FOR
PUBLICATION IN PAMPHLET FORM; AND PROVIDING EFFECTIVE
DATE.
WHEREAS, the City of Southlake is resp•nsible for and
committed to the provision of public facilitie and services at
levels necessary to cure any existing public se ice deficiencies
in already developed areas; and
1 WHEREAS, such facilities and service levels shall be provided
by the City utilizing funds allocated in the c.pital budget and
capital improvements programming processes and relying upon the
funding sources indicated therein; and
i
WHEREAS, new residential and nonresidential •evelopment causes
and imposes increased and excessive demands pon City public
1 facilities and services, including water and sewe , facilities, that
Iwould not otherwise occur; and
i
1
1
stake\impactfee.ord -1-
1
i
1
WHEREAS, planning and zoning projections indicate that such
development will continue and will place ever-increasing demands
on the City to provide necessary public facilities; and
WHEREAS, the development potential and property values of
properties is strongly influenced and encouraged by City policy as
expressed in the Comprehensive Plan and as implemented via the City
zoning ordinance and map; and
WHEREAS, to the extent that such new development places
demands upon the public facility infrastructure, those demands
should be satisfied by shifting the responsibility for financing
the provision of such facilities from the public at large to the
developments actually creating the demands for them; and
WHEREAS, the amount of the capital recovery fee to be imposed
shall be determined by the cost of the additional public facilities
needed to support such development, which public facilities shall
be identified in a capital improvements program, and
WHEREAS, the City Council, after careful consideration of the
matter, hereby finds and declares that capital recovery fees
imposed upon residential and nonresidential development to finance
specified major public facilities in designated service areas, the
demand for which is created by such development, is in the best
interests of the general welfare of the City and its residents, is
equitable, and does not impose an unfair burden on such
development;
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill
336, now codified as Chapter 395 of the Local Government Code,
slake\impact fee.ord -2-
providing guidelines and requirements
recovery fees;
WHEREAS,
has complied with said statute in
promulgation and methodology necessary
Fees;
for the adoption of capital
and
the City Council finds that in all things the City
the notice, adoption,
to adopt Capital Recovery
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
SHORT TITLE
This Ordinance shall be known and cited
Wastewater Capital Recovery Fees Ordinance.
as the Water and
SECTION 2
INTENT
This Ordinance is intended to impose water and wastewater
capital recovery fees, as established in this Ordinance, in order
to finance public facilities, the demand for which is generated by
new development in the designated service area.
SECTION 3
AUTHORITY
The City is authorized to enact this Ordinance by Chapter 395
of the Texas Local Government Code, (Senate Bill 336 enacted by the
70th Texas Legislature) and its successors, which authorize home-
rule cities, among others, to enact or impose impact fees (capital
recovery fees) on land within their corporate boundaries or
extraterritorial jurisdictions, and to persons with whom they have
a water or sewer service contract, as charges or assessments
imposed against new development in order to generate revenue for
slake\impact fee.ord
funding or recouping the costs of capital improvements or facility
expansions necessitated by and attributable to such new
development; and by the Southlake City Charter. The provisions of
this Ordinance shall not be construed to limit the power of the
City to adopt such Ordinance pursuant to any other source of local
authority, nor to utilize any other methods or powers otherwise
available for accomplishing the purposes set forth herein, either
in substitution of or in conjunction with this Ordinance.
Guidelines may be developed by resolution or otherwise to implement
and administer this chapter.
SECTION 4
DEFINITIONS
As applied in this Ordinance, the following words and terms
shall be used:
(i)
Assessment - The determination of the amount of the
maximum capital recovery fee per service unit which can
be imposed on new development pursuant to this Ordinance.
(2)
Buildinq Permit - Written permission issued by the City
for the construction, repair, alteration or addition to
a structure.
(3)
Capital Construction Cost of Service - Costs of
constructing capital improvements or facility expansions,
including and limited to the construction contract price,
surveying and engineering fees, land acquisition costs
(including land purchases, court awards and costs,
attorney's fees, and expert witness fees), and the fees
actually paid or contracted to be paid to an independent
qualified engineer or financial consultant preparing or
updating the capital improvements plan who is not an
employee of the City.
Capital Improvements Advisory Committee (Advisory
Committee) - Advisory committee, appointed by the City
Council, consisting of at least five members, not less
than 40 percent of which shall be representatives of the
real estate, development, or building industries which
are not employees of the city, and, if capital recovery
fees are to be applied within the extraterritorial
slake\impact fee.ord -4-
(5)
(6)
(7)
(8)
(9)
(10)
(ll)
(12)
jurisdiction of the City, including one member
representing the extraterritorial jurisdiction; or
consisting of the Planning and Zoning Commission,
including one regular or ad hoc member who is not an
employee of the city and which is representative of the
real estate, development, or building industry, and, if
capital recovery fees are to be applied within the
extraterritorial jurisdiction of the City, one
representative of the extraterritorial jurisdiction area;
which committee is appointed to regularly review and
update the capital improvements program in accordance
with the requirements of Chapter 395 of the Local
Government Code, and it successors.
Capital Improvements Proqram (CIP) - Plan which
identifies water and wastewater capital improvements or
facility expansions pursuant to which capital recovery
fees may be assessed.
Capital Recovery Fee Fee to be imposed upon new
development, calculated based upon the costs of
facilities in proportion to development creating the need
for such facilities. Capital recovery fees do not
include dedication of rights-of-way or easements, or
construction or dedication of site-related water
distribution or wastewater collection facilities required
by other ordinances of the City Code; or lot or acreage
fees placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or sewer
mains or lines.
City - City of Southlake.
City Council (Council) - Governing body of the City of
Southlake.
City Public Works Director (Director) - Public Works
Director of the City of Southlake.
Commercial Development For
Ordinance, all development which
nor industrial.
the purposes of this
is neither residential
Comprehensive Plan (Master Plan) The comprehensive
long-range plan, adopted by the City Council, which is
intended to guide the growth and development of the City
which includes analysis, reco~u~endations and proposals
for the City regarding such topics as population,
economy, housing, transportation, community facilities
and land use.
Credit The amount of the reduction of a capital
recovery fee for fees, payments or charges for the same
slake\impact fee.ord -5-
(13)
(14)
(15)
(16)
type of capital improvements for which the fee has been
assessed.
Existing Development - All development within the service
area which has a water or wastewater tap on the City's
water or sewer system as of the date of the adoption of
this Ordinance.
Facility Expansion - The expansion of the capacity of an
existing facility which serves the same function as an
otherwise necessary new capital improvement in order that
the existing facility may serve new development.
Facility expansion does not include the repair,
maintenance, modernization, or expansion of an existing
facility to better serve existing development.
Final subdivision Plat - The map, drawing or chart
meeting the requirements of the City's Subdivision
Ordinance on which is provided a subdivider's plan of a
subdivision, and which has received final approval by the
Planning and Zoning Commission or City Council and which
is recorded with the office of the County Clerk.
Growth-Related Costs - Capital construction costs of
service related to providing additional service units to
new development, either from excess capacity in existing
facilities, from facility expansions or from new capital
facilities. Growth-related costs do not include:
(a)
Construction, acquisition, or expansion of public
facilities or assets other than capital improvements
or facility expansions identified in the capital
improvements plan;
(b)
(c)
Repair, operation, or maintenance of existing or new
capital improvements or facility expansions;
Upgrading, updating, expanding, or replacing
existing capital improvements to serve existing
development in order to meet stricter safety,
efficiency, environmental, or regulatory standards;
(d) Upgrading, updating, expanding, or replacing
existing capital improvements to provide better
service to existing development;
(e) Administrative and operating costs of the City; and
(f)
Principal payments and interest or other finance
charges on bonds or other indebtedness, except for
such payments for growth-related facilities
contained in the capital improvements program.
s lake\impact fee.ord -6-
(17)
(18)
(19)
(20)
Industrial Development - Development which will be
assigned to the industrial customer class of the water
or wastewater utilities; generally development in which
goods are manufactured, or development which is ancillary
to such manufacturing activity.
Land Use Assumptions - Description of the service area
and projections of changes in land uses, densities,
intensities, and population therein over at least a 10-
year period, adopted by the City, as may be amended from
time to time, upon which the capital improvement plan is
based.
Livinq Unit Equivalent (LUE) - Basis for establishing
equivalency among and within various customer classes
based upon the relationship of the continuous daily
maximum flow rate in gallons per minute for a water meter
of a given size and type compared to the continuous daily
maximum flow rate in gallons per minute for a 1" diameter
simple water meter, using American Water Works
Association C700-C703 standards. LUE's for water meters
are as follows:
METER SIZE TYPE LUE's
1-1/2"
10"
10"
12"
Simple
Simple
Simple
Simple
Simple
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Turbine
0.4
0.6
1.0
2.0
3.2
3.2
4.0
6.4
9.6
10.0
16.8
20.0
36.8
32.0
64.0
46.0
100.0
132.0
New Development Subdivision of land; or the
construction, reconstruction, redevelopment, conversion,
structural alteration, relocation, or enlargement of any
structure; or any use or extension of the use of land;
any of which increases the number of service units for
water or wastewater service and purchase of a new water
or wastewater tap. New development includes the sale of
water taps resulting from the conversion of an individual
well to the city's water utility and includes the sale
slake\impact fee.ord -7-
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
of wastewater taps resulting from the conversion of an
individual septic or other individual waste disposal
system to the City's wastewater utility.
Offset - The amount of the reduction of a capital
recovery fee designed to fairly reflect the value of
system-related facilities, pursuant to rules herein
established or administrative guidelines, provided and
funded by a developer pursuant to the City's subdivision
regulations or requirements.
Residential Development - A lot developed for use and
occupancy as a residence or residences, according to the
City's zoning ordinance.
Service Area Area within the corporate boundaries to
be served by the water and wastewater capital
improvements or facilities expansions specified in the
capital improvements program applicable to the service
area.
Service Unit - Standardized measure of consumption, use,
generation, or discharge attributable to an individual
unit of development calculated in accordance with
generally accepted engineering or planning standards for
a particular category of capital improvements or facility
expansions, expressed in living units equivalent.
Site-related Facility - 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 water or wastewater facilities to
serve the new development, and which is not included in
the capital improvements plan, and for which the
developer or property owner is solely responsible under
subdivision and other applicable regulations.
System-related Facility - A capital improvement or
facility expansion which is designated in the Capital
Improvements Plan and which is not a site-related
facility. A system-related facility may include a
capital improvement which is located offsite, within or
on the perimeter of the development site.
Tap Purchase The filing with the City of a written
application for a water or wastewater tap and the
acceptance of applicable fees by the City. The term "tap
purchase" shall not be applicable to a meter purchased
for and exclusively dedicated to fire protection.
Wastewater Facility - Improvement for providing
wastewater service, including, but not limited to, land
or easements, treatment facilities, lift stations, or
slake\impact fee.ord -8-
(29)
(30)
(31)
(32)
(33)
interceptor mains. Wastewater facility excludes
wastewater lines or mains which are constructed by
developers, the costs of which are reimbursed from
charges paid by subsequent users of the facilities and
which are maintained in dedicated trusts. Wastewater
facilities also exclude dedication of rights-of-way or
easements or construction or dedication of on-site
wastewater collection facilities required by valid
ordinances of the City and necessitated by and
attributable to the new development.
Wastewater Facility Expansion - Expansion of the capacity
of any existing wastewater improvement for the purpose
of serving new development, not including the repair,
maintenance, modernization or expansion of an existing
wastewater facility to serve existing development.
Wastewater Improvements Plan - Portion of the CIP, as
may be amended from time to time, which identifies the
wastewater facilities or wastewater expansions and their
associated costs which are necessitated by and which are
attributable to new development, and for a period not to
exceed ten (10) years, and which are to be financed in
whole or in part through the imposition of wastewater
capital recovery fees pursuant to this Ordinance.
Water Facility - Improvement for providing water service,
including, but not limited to, land or easements, water
supply facilities, treatment facilities, pumping
facilities, storage facilities, or transmission mains.
Water facility excludes water lines or mains which are
constructed by developers, the costs of which are
reimbursed from charges paid by subsequent users of the
facilities and which are maintained in dedicated trusts.
Water facilities also exclude dedication of rights-of-
way or easements or construction or dedication of on-
site water distribution facilities required by valid
ordinances of the City and necessitated by and
attributable to the new development.
Water Facility Expansion - Expansion of the capacity of
any existing water improvement for the purpose of serving
new development, not including the repair, maintenance,
modernization or expansion of an existing water facility
to serve existing development.
Water Improvements Plan - Portion of the CIP, as may be
amended from time to time, which identifies the water
facilities or water expansions and their associated costs
which are necessitated by and which are attributable to
new development, and for a period not to exceed ten (10)
years, and which are to be financed in whole or in part
through the imposition of water capital recovery fees
pursuant to this Ordinance.
SECTION 5
APPLICABILITY OF CAPITAL RECOVERY FEES
A. This Ordinance
development which occurs
areas.
shall be uniformly applicable to new
within the water and wastewater service
B. No new development shall be exempt from the assessment
of capital recovery fees as defined in this Ordinance.
SECTION 6
CAPITAL RECOVERY FEES AS
CONDITIONS OF DEVELOPMENT APPROVAL
No application for new development shall be approved within
the City without assessment of capital recovery fees pursuant to
this Ordinance, and no water and wastewater tap shall be issued
and no building permit shall be issued unless the applicant has
recovery fees imposed by and calculated
paid the capital
hereinunder.
SECTION 7
ESTABLISHMENT OF WATER AND
WASTEWATER SERVICE AREAS
A. The water and wastewater service areas are established
as shown on the Service Area Map which is Exhibit A for this
Ordinance.
B. The service areas shall be established consistent with
a~y facility service area established in the CIP for each utility.
Additions to the service area may be designated by the City Council
consistent with the procedure set forth in Chapter 395 of the Local
Government Code and its successors.
st ake\impact fee.ord -10-
SECTION S
LAND USE ASSUMPTIONS
Land use assumptions used in the development of the capital
recovery fees are contained in Exhibit B of this Ordinance. These
assumptions may be revised by the City Council according to the
procedure set forth in Chapter 395 of the Local Government Code
and its successors.
SECTION 9
SERVICE UNITS
A. Service units are established in accordance with
generally accepted engineering and planning standards.
B. Service units shall be calculated based on living units
equivalent as determined by the size of the water meter(s) for the
development, or alternatively, as approved by City Council, based
on the recommendation of the Director as a result of an engineering
report prepared by a qualified professional engineer licensed to
perform such professional engineering services in the State of
Texas, which demonstrates that the number of LUE's of service for
the new development will be different than those indicated by the
size of the water meter.
C. If the Director determines that the water pressure in the
City's transmission main is significantly higher or lower than
standard pressure such that the size of the water meter is not
indicative of actual service demand, the Council may adjust the
number of LUE's based on a smaller or larger sized meter which more
accurately reflects the flow rate and the system pressure
conditions.
slake\impact fee.ord -11-
D. If a fire demand meter (tap) is purchased for a property,
the meter size utilized to calculate the number of LUE's shall be
the dimension of the portion of the fire demand meter which
reflects the meter size which would provide only domestic service
to the property. Said reduced meter size shall then be utilized
to calculate the number of LUE's.
1. The meter types used to calculate the number of
LUE's shall be either simple or compound meters.
2. To avoid the use of fire flow volumes for domestic
usage, the owner of any property for which a fire demand meter
is purchased shall be required to execute a restrictive
covenant on a form approved by the City Attorney, which
covenant shall acknowledge the right of the City to assess
such fees to subsequent owners of the property. Said covenant
shall be executed prior to the purchase of the fire demand
meter and shall be filed in the deed records of the County.
E. Upon wastewater tap purchase for lots for which no water
meter has been purchased, service units shall be established by a
professional engineer licensed in the State of Texas, shall be
reviewed by the Director and shall be presented to Council, which
shall designate the appropriate number of service units.
F. The City Council may revise the service units designation
according to the procedure set forth in Chapter 395 of the Local
Government Code and its successors.
s[ake\impact fee.ord -12-
SECTION 10
CAPITAL RECOVERY FEES PER SERVICE UNIT
A. The maximum capital recovery fee per service unit for
each service area shall be computed by dividing the growth-related
capital construction cost of service in the service area identified
in the capital improvements plan for that category of capital
improvements, by the total number of projected service units
anticipated within the service area which are necessitated by and
attributable to new development, based on the land use assumptions
for that service area. Maximum assessable capital recovery fees per
service unit for each service area shall be established by category
of capital improvements and shall be set forth in Exhibit C to this
Ordinance.
the
395
B. Maximum assessable fees in Exhibit C may be amended by
City Council according to the procedure set forth in Chapter
of the Local Government Code and its successors.
C. Current collected fees shall be set forth in Exhibit C
to this Ordinance, and shall not exceed the maximum fees also set
forth in Exhibit C. Current collected fees may be amended by the
City Council from time to time, provided they do not exceed the
maximum assessable fees.
SECTION 11
ASSESSMENT OF CAPITAL RECOVERY FEES
A. The approval of any subdivision of land or of any new
development shall include as a condition the assessment of the
capital recovery fee applicable to such development.
B. Assessment of the capital recovery fee for any new
development shall be made as follows:
slake\impact fee.ord -13-
1. For a development which is submitted for approval
pursuant to the City's subdivision regulations following the
effective date of this Ordinance, assessment shall be at the
time of final plat recordation, and shall be the value of the
capital recovery fee per service unit then in effect, as
provided in Exhibit C as set forth in Section 10(A). The City
may provide the subdivider with a copy of Exhibit C prior to
final plat approval, but such shall not constitute assessment
within the meaning of this Ordinance.
2. For a development which has received final plat
approval prior to the effective date of this Ordinance and for
which no replatting is necessary prior to tap purchase,
assessment shall be upon tap purchase, and shall be the value
of the capital recovery fee per service unit set forth in
Exhibit C.
3. Because fire protection is of critical concern to
the community as a whole, water demand related solely to fire
protection is not subject to collection of a capital recovery
fee. However, if the fire protection capacity of the fire
demand meter is routinely utilized for domestic purposes as
evidenced by the registration of consumption recorded on the
City's meter-reading and billing systems, the current owner
of the property shall be assessed the current capital recovery
fees for the fire protection capacity which has been converted
to domestic capacity by its routine usage as domestic
capacity.
slake\impact fee.ord -14-
C. Following assessment of the capital recovery fee pursuant
to subsection liB, no additional capital recovery fees or increases
thereof shall be assessed against that development unless the
number of service units increases, as set forth under Section 9.
D. Following the lapse or expiration of approval for a plat,
a new assessment must be performed at
for such development is filed.
the time a new application
SECTION 12
CALCULATION OF CAPITAL RECOVERY FEES
A. Following the request for new development as provided.in
Section 11 of this Ordinance, the City shall compute capital
recovery fees due for the new development in the following manner:
1. The number of LUE's shall be determined by the size
of the water meter(s) or by evaluation of the Director and
determination of Council upon review of reports provided by
a professional engineer licensed in the State of Texas, as
determined according to Section 9 of this Ordinance.
2. LUE's shall be summed for all meters purchased for
the development~
3. The total service units shall be multiplied by the
appropriate per-unit fee value determined as set forth in
Section 10; and
4. Fee credits and offsets shall be subtracted as
determined by the process proscribed in Section 14 of this
Ordinance.
C. The value of each capital recovery fee due for a new
development shall not exceed a value computed by multiplying the
fee assessed per service unit pursuant to Section 10 by the number
of service units generated by the development.
SECTION 13
COLLECTION OF CAPITAL RECOVERY FEES
A. No water or wastewater tap shall be issued until all
capital recovery fees have been paid to the City except as provided
otherwise by contract.
B. Within one (1) year of the effective date of this
Ordinance, capital recovery fees shall be collected at the time of
the issuance of the building permit for new development, or if no
permit is required, at the time of tap purchase. Subsequent to
that one year period, capital recovery fees shall be collected as
follows:
1. For a development which is submitted for approval
pursuant to the City's subdivision regulations subsequent to
the effective date of this Ordinance, capital recovery fees
shall be collected at the time of building permit.
2. For a development which has received final plat
approval prior to the effective date of this Ordinance or for
which no replatting is necessary prior to provision of a water
or wastewater tap, capital recovery fees shall be collected
at the time of tap purchase.
B. The City may, at its sole discretion, enter into
contracts to establish a different date of fee collection than
those provided in this Section.
slake\impact fee.ord -16-
SECTION 14
SUSPENSION OF FEE COLLECTION
A. For any new development which has received final plat
approval prior to the effective date of this Ordinance in
accordance with Texas Local Government Code, Ordinance 212, or
pursuant to the City's subdivision regulations, the City may
assess, but shall not collect any capital recovery fee as herein
defined, on any service unit for which a valid building permit is
issued within one (1) year subsequent to the effective date of this
Ordinance.
B. If the building permit, which is obtained within the
period provided for in subsection (A), subsequently expires, and
no new application is made and approved within such period, the new
development shall be subject to the payment of a capital recovery
fee, as provided in Section 13.
C. Prior to the expiration of the one year period described
in Subsection A, the city shall assess and collect on such new
development described
pursuant to Ordinance
A. The City
related facilities,
constructed
in Subsection A capital recovery fees
330.
SECTION 15
OFFSETS AND CREDITS AGAINST
CAPITAL RECOVERY FEES
shall offset the present value of any system-
pursuant to rules established in this section,
which have been dedicated to and have been received by the City,
including the value of rights-of-way or capital improvements
pursuant to an agreement with the city, against the
slake\impact fee.ord -17-
value of the capital recovery fee due for that category of capital
improvement.
B. The City shall credit capital recovery, pro rata, acreage
or lot fees which have been paid pursuant to Ordinance(s)
prior to the effective date of this Ordinance against the value of
a capital recovery due for that category of capital improvement,
subject to guidelines established by the City.
C. All offsets and credits against capital recovery fees
shall be subject to the following limitations and shall be granted
based on this Ordinance and additional standards promulgated by the
City, which may be adopted as administrative guidelines.
1. No offset or credit shall be given for the
dedication or construction of site-related facilities.
2. The unit costs used to calculate the offsets shall
not exceed those assumed for the capital improvements included
in the capital improvements plan for the category of facility
within the service area for which the capital recovery fee is
imposed.
3. If an offset or credit applicable to a plat has not
been exhausted within ten (10) years from the date of the
acquisition of the first tap purchase made after the effective
date of this ordinance or within such period as may be
otherwise designated by contract, such offset or credit shall
lapse.
4. In no event will the City reimburse the property
owner or developer for an offset or credit when no capital
recovery fees for the new development can be collected
slake\~mpact fee.ord -18-
pursuant to this Ordinance or for any value exceeding the
total capital recovery fees due for the development for that
category of capital improvement, unless otherwise agreed to
by the City.
D. An applicant for new development must apply for an offset
or credit against capital recovery fees due for the development
either at or before the time of fee payment, unless the City agrees
to a different time. The applicant shall file a petition for
offsets or credits with the City on a form provided for such
purpose. The contents of the petition shall be established by
administrative guidelines. The City must provide the applicant,
in writing, with a decision on the offset or credit request,
including the reasons for the decision. The decision shall specify
the maximum value of the offset or credit which may be applied
against a capital recovery fee, which value and the date of the
determination shall be associated with the plat for the new
development.
E. The available offset or credit associated with the plat
shall be applied against a capital recovery fee in the following
manner:
1.
among all
Such offset or credit shall be prorated equally
living units equivalent, as calculated in Section
9, and remain applicable to such LUE's, to be applied at time
0~ filing and acceptance of an application for a building
permit or tap purchase, as appropriate, against capital
recovery fees due.
slake\impact fee,ord -19-
2. If the total number of LUE's used by the city in the
original offset or credit calculation described in (1) is
eventually exceeded by the number of total LUE's realized by
the actual development, the city may, at its sole discretion,
collect the full capital recovery fee exclusive of any
associated offset or credits for the excess LUE's.
3. At its sole discretion, the City may authorize
alternative credit or offset agreements upon petition by the
owner in accordance with guidelines promulgated by the City.
SECTION 16
ESTABLISHMENT OF ACCOUNTS AND RECORDS
A. The City shall establish separate interest-bearing
accounts, in a bank authorized to receive deposits of city funds,
for each major category of capital facility for which a capital
recovery fee is imposed pursuant to this Ordinance.
B. Interest earned by each account shall be credited to that
account and shall be used solely for
funds authorized in Section 17.
C. The City shall establish
the purposes specified for
adequate financial and
accounting controls to ensure that capital recovery fees disbursed
from the account are utilized solely for the purposes authorized
in Section 17. Disbursement of funds shall be authorized by the
city at such times as are reasonably necessary to carry out the
purposes and intent of this Ordinance; provided, however, that any
fee paid shall be expended within a reasonable period of time, but
not to exceed ten (10) years from the date the fee is deposited
into the account.
slake\impact fee,ord -20-
D. The City shall maintain and keep adequate financial
records for each such account, which shall show the source and
disbursement of all revenues, which shall account for all monies
received, and which shall ensure that the disbursement of funds
from each account shall be used solely and exclusively for the
provision of uses specified in the capital improvements program as
system-related capital projects. The City Finance Department shall
also maintain such records as are necessary to ensure that refunds
are appropriately made under the provision in Section 19 of this
Ordinance, and such other information as may be necessary for the
proper implementation of this Ordinance.
SECTION 17
USE OF PROCEEDS OF CAPITAL
RECOVERY FEE ACCOUNTS
A. The capital recovery fees collected pursuant to this
Ordinance may be used to finance or to recoup capital construction
costs of service. Capital recovery fees may also be used to pay
the principal sum and interest and other finance costs on bonds,
notes or other obligations issued by or on behalf of the City to
finance such capital improvements or facilities expansions.
B. Capital recovery fees collected pursuant to this
Ordinance shall not be used to pay for any of the following
expenses:
1. Construction, acquisition or expansion of capital
improvements or assets other than those identified for the
appropriate utility in the capital improvements plan;
2. Repair, operation, or maintenance of existing or new
capital improvements or facilities expansions;
slake\impactfee.ord -21-
improvements to serve existing
stricter safety, efficiency,
standards;
Upgrading, expanding or replacing existing capital
development in order to meet
environmental or regulatory
4. Upgrading, expanding or replacing existing capital
improvements to provide better service to existing
development; provided however, that capital recovery fees may
be used to pay the costs of upgrading, expanding or replacing
existing capital improvements in order to meet the need for
new capital improvements generated by new development; or
5. Administrative and operating costs of the city.
SECTION 18
APPEALS
The property owner or applicant for new development may
decisions to the Director or his/her
The applicability of a capital recovery fee to the
The value of the capital recovery fee due;
The availability or the value of an offset or
The application of an offset
recovery fee due;
The amount of the refund due,
appeal the following
designate:
1.
development;
2.
3.
credit;
4.
capital
5.
or credit against a
if any.
(30) days of notice of the
Ail appeals shall be taken within thirty
action from which the appeal is taken.
s[ ake\impact f ee.ord -22-
B. The burden of proof shall be on the appellant to
demonstrate that the value of the fee or the value of the offset
or credit was not calculated according to the applicable capital
recovery fee schedule or the guidelines established for determining
offsets and credits.
C. The appellant may appeal the decision of the Director to
the Council. A notice of appeal to the Council must be filed by
the applicant with the City Secretary within thirty (30) days
following the Director's decision. If the notice of appeal is
accompanied by a bond or other sufficient surety satisfactory to
the City Attorney in an amount equal to the original determination
of the capital recovery fee due, the development application or
tap purchase or building permit issuance may be processed while the
appeal is pending.
SECTION 19
REFUNDS
interest
refund at
79, Revised Statutes (Article 5069-1.03,
Statutes), or any successor statute.
A. Any capital recovery fee or portion thereof collected
pursuant to this Ordinance which has not been expended within ten
(10) years from the' date of payment, shall be refunded, upon
application, to the record owner of the property at the time the
refund is paid, or, if the capital recovery fee was paid by another
governmental entity, to such governmental entity, together with
calculated from the date of collection to the date of
the statutory rate as set forth in Article 1.03, Title
Vernon's Texas Civil
slake\impact fee.ord -23-
B. If a refund is due pursuant to subsection (A), the City
shall pro-rate the same by dividing the difference between the
amount of expenditures and the amount of the fees collected by the
total number of service units assumed within the service area for
the period to determine the refund due per service unit. The
refund to the record owner or governmental entity shall be
calculated by multiplying the refund due per service unit by the
number of service units for the development for which the fee was
paid, and interest due shall be calculated upon that amount.
C. Upon completion of all the capital improvements or
facilities expansions identified in the capital improvements plan
upon which the fee was based, the City shall recalculate the
maximum impact fee per service unit using the actual costs for the
improvements or expansions. If the maximum impact fee per service
unit based on actual cost is less than the impact fee per service
unit paid, the City shall refund the difference, if such difference
exceeds the impact fee paid by more than ten percent (10%). The
refund to the record owner or governmental entity shall be
calculated by multiplying such difference by the number of service
units for the development for which the fee was paid, and interest
due shall be calculated upon that amount.
D. Upon the request of an owner of the property on which a
capital recovery fee has been paid, the City shall refund such fees
if:
1. Existing service is available and service is denied;
or
st ake\$mpact fee.ord -24-
2. Service was not available when the fee was collected
and the City has failed to commence construction of facilities
to provide service within two years of fee payment; or
3. Service was not available when the fee was collected
and has not subsequently been made available within a
reasonable period of time considering the type of capital
improvement or facility expansion to be constructed, but in
any event later than five years from the date of fee payment.
E. The City shall refund an appropriate proportion of
capital recovery fee payments in the event that a previously
purchased water meter is replaced with a smaller meter, based on
the LUE differential of the two meter sizes and the per-LUE fee at
the time of the original fee payment, less an administrative charge
set forth in City guidelines.
F. Petition for refunds shall be submitted to the Director
on a form provided by the City for such purpose. Within one month
of the date of receipt of a petition for refund, the Director must
provide the petitioner, in writing, with a decision on the refund
request, including the reasons for the decision. If a refund is
due to the petitioner, the Director shall notify the Finance
Director and request that a refund payment be made to the
petitioner. The petitioner may appeal the determination to the
Council, as set forth in Section 18.
SECTION Z0
UPDATES TO PLAN AND REVISION OF FEES
The City shall review the land use assumptions and capital
improvements plan for water and wastewater facilities at least
s~ake\~act fee.ord
every three years, the first three year period which shall commence
from the date of adoption of the capital improvements plan
referenced herein. The city Council shall accordingly then make
a determination of whether changes to the land use assumptions,
capital improvements plan or capital recovery fees are needed and
shall, in accordance with the procedures set forth in Chapter 395
of the Local Government Code, or any successor statute, either
update the fees or make a determination that no update is
necessary.
SECTION 21
FUNCTIONS OF ADVISORY COMMITTEE
A. The functions of the Advisory Committee are those set
forth in Chapter 395 of the Local Government Code, or any successor
statute, and shall include the following:
1. Advise and assist the city in adopting land use
assumptions;
2. Review the capital improvements plan regarding water
and wastewater capital improvements and file written comments
thereon;
3. Monitor and evaluate implementation of the capital
improvements program;
4. Advise the city of the need to update or revise the
land use assumptions, capital improvements program and capital
recovery fees; and
5. File a semiannual report evaluating the progress of
the City in achieving the capital improvements plans and
slake\i~Dact fee. ord -26-
any
implementation of the capital improvements plan.
C. The Council shall adopt procedural
committee to follow in carrying out it duties.
SECTION 22
AGREEMENT FOR CAPITAL IMPROVEMENTS
identifying any problems in implementing the plans or
administering the capital recovery fees.
B. The City shall make available to the Advisory Committee
professional reports prepared in the development or
rules for the
A. The City Council may approve the owner of a new
development to construct or finance some of the public improvements
identified in the CIP. In the case of such approval, the property
owner must enter into an agreement with the City prior to fee
collection. The agreement shall be on a form approved by the City,
and shall establish the estimated cost of improvement, the schedule
for initiation and completion of the improvement, a requirement
that the improvement shall be completed to City standards, and any
other terms and conditions the City deems necessary. The Director
shall review the improvement plan, verify costs and time schedules,
determine if the improvement is contained in the CIP, and determine
the method and timing of reimbursing the owner for construction
costs from capital recovery fee or other revenues.
SECTION 23
USE OF OTHER FINANCING MECHANISMS
A. The City may finance water and wastewater capital
improvements of facilities expansions designated in the capital
improvements plan through the issuance of bonds, through the
formation of public improvement districts or other assessment
slake\impact fee.ord -27-
districts, or through any other authorized mechanism, in
manner and subject to such limitations as may be provided by
in addition to the use of capital recovery fees.
B. Except as herein otherwise provided, the
collection of a capital recovery fee shall be
such
law,
assessment and
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.
SECTION 24
CAPITAL RECOVERY FEES AS ADDITIONAL
AND SUPPLEMENTAL REGULATION
A. Capital recovery fees established by this Ordinance are
additional and supplemental to, and not in substitution of, any
other requirements imposed by the City on the development of land
or the issuance of building permits or the sale of water or
wastewater taps or the issuance of certificates of occupancy. Such
fees are intended to be consistent with and to further the policies
of City's Comprehensive Plan, capital improvements plan, zoning
ordinance, subdivision regulations and other City policies,
ordinances and resolutions by which the city seeks to ensure the
provision of adequate public facilities in conjunction with the
development of land.
B. This Ordinance shall not affect, in any manner, the
permissible use of property, density of development, design, and
improvement standards and requirements, or any other aspect of the
development of land or provision of public improvements subject to
the zoning and subdivision regulations or other regulations of the
s l ake\impact fee.ord -28-
city, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
SECTION 25
RELIEF PROCEDURES
A. Any person who has paid a capital recovery fee or an
owner of land upon which a capital recovery fee has been paid may
petition the Council to determine whether any duty required by this
ordinance has not been performed within the time so prescribed.
The petition shall be in writing and shall state the nature of the
unperformed duty and request that the act be performed within sixty
(60) days of the request. If the Council determines that the duty
is required pursuant to the ordinance and is late in being
performed, it shall cause the duty to commence within sixty (60)
days of the date of the request and to continue until completion.
B. The Council may grant a variance or waiver from any
requirement of this ordinance, upon written request by a developer
or owner of property subject to the ordinance, following a public
hearing, upon finding that a strict application of such requirement
would, when
property.
regarded as a whole, result in confiscation of the
WATER FACILITIES FEES
SECTION 26
WATER SERVICE AREA
A. There is hereby established a water service area as
depicted on Exhibit A, attached hereto and incorporated herein by
reference.
slake\impact fee.ord -29-
B. The boundaries of the water service area may be amended
from time to time, and new water service areas may be delineated,
pursuant to the procedures in Section 7.
SECTION 27
WATER IMPROVEMENT PLAN
A. The Water Improvement Plan for the City is hereby adopted
as Exhibit D attached hereto and incorporated by reference herein.
B. The Water Improvement Plan may be amended from time to
time, pursuant to the procedures set forth in Chapter 395 of the
Local Government Code and its successors.
SECTION 28
WATER CAPITAL RECOVERY FEES
A. The maximum capital recovery fee values per service unit
for water facilities are hereby adopted and incorporated in Exhibit
C attached hereto and made a part hereof by reference.
B. The capital recovery fee values per service unit for
water facilities may be amended from time to time, pursuant to the
procedures in Section 10.
WASTEWATER FACILITIES FEES
SECTION 29
WASTEWATER SERVICE AREA
A. There is hereby established a wastewater service area as
depicted on Exhibit A, attached hereto and incorporated herein by
reference.
B. The boundaries of the wastewater service area may be
amended from time to time, and new wastewater service areas may be
delineated, pursuant to the procedures in Section 7.
stake\impact fee.ord
SECTION 30
WASTEWATER IMPROVEMENT PLAN
A. The Wastewater Improvement Plan for the City is hereby
adopted as Exhibit E attached hereto and incorporated by reference
herein.
B.
to time, pursuant to the procedures set forth
the Local Government Code and its successors.
The Wastewater Improvement Plan may be amended from time
in Chapter 395 of
SECTION 31
WASTEWATER CAPITAL RECOVERY FEES
A. The maximum capital recovery fee values per service unit
for wastewater facilities are hereby adopted and incorporated in
Exhibit C attached hereto and made a part hereof by reference.
B. The capital recovery fee values per
wastewater facilities may be amended from time
to the procedures in Section 10.
service unit for
to time, pursuant
SECTION 32
This ordinance shall be cumulative of all provisions of
ordinances of the City of $outhlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed. Ordinance 330
shall remain in force and effect as provided in Section 14C of this
Ordinance.
SECTION 33
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
slake\impactfee.ord -31-
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 34
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
any ordinances affecting the imposing of impact fees which have
accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 36
The City Secretary of the City of Southlake is hereby
authorized to publish this ordinance in book or pamphlet form for
general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof.
SECTION 37
The city Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
slake\impact fee.ord -32-
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 38
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS /7
~' · 1990.
~- ~: · = ATTEST:
% '.. .. ~ , ~ i
., ............
",,,,,,, · . .,,,,,,,* ·
,~,,,.m~ CITY SECRETARY
DAY OF
PASSED AND
APPROVED ON SECOND READING ON THIS ~ DAY OF
~-- '~-'-~" '~.- AT T:
-.. . .. .. ~
C~ SECRETARY'
slake\~mpact fee.ord -33-
y , •r
APPROVED AS TO FORM AND LEGALITY:
?-)
City Attorney r �
Date: (26 0 , /7 /f /9 / 0
ADOPTED: ,, 1110
EFFECTIVE: () / 1 q ) 190
1
slake\impactfee.ord -34-
EXHIBIT A
CITY
OF
SOUTHLAKE
YEAR 2000
WATER & SEWER
SERVICE AREA
EXHIBIT B
LAND USE ASSUMPTIONS
EXHIBIT C
SCHEDULE OF MAXIMUM CAPITAL RECOVERY FEES AND CURRENT COLLECTED
CAPITAL RECOVERY FEES
The maximum assessable capital recovery fees are as follows:
Water:
$1,035, plus the amount of impact fee
assessed by the City of Fort Worth, plus
the prorata cost of any approach main which
is not specifically identified in the CIP and
which is required by a new development
Wastewater:
$1,562, plus the prorata cost of any localized
lift station and approach main which is not
specifically identified in the CIP and which
is required by a new development
The current collected capital recovery fees are as
Water:
Wastewater:
follows:
$500, plus the amount of impact fee
collected by the City of Fort Worth, plus the
prorata cost of any approach main which is
not specifically identified in the CIP and
which is required by a new development
$1,000, plus the prorata costs of any
localized lift station and approach main
which are not specifically identified in the
CIP and which are required by a new
development
EXHIBIT D
WATER IMPROVEMENT PLAN
The Water Improvement Plan is that contained in the attached Table D.
....................................
.............................. CO~L%TRUCTIOI~ IN EXC[SS [XCE$S CAPITAL COST
~XiST IN~ FACIL[TI[S
pUtIIp Station at ~rth Beach $132,243 6.500 2621 2535 1.343 $51,582
$60.60
$0.00
CONSTRUCTION
EX$STIN(~F^CILtTIES
EXISflNG FACILITIES
Bicentennial Park Elevated Tank $86295~ 1500 0 340 0.328 0.832 $~8B,987
................................. CONSTRk.~TIOhi IN EXCESS EXCESS CAPITAL COST
$743,573
..........................................................................
EXHIBIT E
WASTEWATER IMPROVEMENT PLAN
The Wastewater Improvement Plan is that contained in the attached Table E.
..................................
£×¢ess/(Defl¢lency) 0 000 [I.269] {52g0)
................................. CO~JSTRtJCTJON IN EXCESS EXCESS CAPITAL COST
FUTURE FACILITIES
LOC&IlZed Iii( stations (d)
CONSTRUCTION IN EXCESS EXCESS CAPITAL COST
fACILITiES
Fort Worth Star.Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
a.
--- STATE OF TEXAS
ity of Tarrant
Before me, a Notary Public in and for said County and State , this day
personally appeared D h1A L-A ry Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County , Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
AUG 10 6569215 CL . 358 1X90 L 90 . 38 34 . 20
aun'ct. Tn
ORDINANCE NO.510
AN ORDINANCE RE-
LATING TO THE REGU-
LATION OF THE USE
AND DEVELOPMENT
OF LAND IN THE INCOR-
PORATED LIMITS OF
SOUTHLAKE, TEXAS;
IMPOSING AN IMPACT
FEE ON LAND DEVEL-
OPMENT IN SOUTH-
LAKE FOR PROVIDING
WATER AND SEWER
FACILITIES NECESSI-
TATED BY SUCH NEW
STAT-
ING T EPMENT AUTHORITY
FOR ADOPTION OF THE
ORDINANCE; PROVID-
ING DEFINITIONS- /y j� �
PROVIDING FINDINGS SIGNED .a- K^-�-
-"'a' DECLARATION
HECTYCOUNCLS \ND SWORN TO BEFORE ME , TH S THE /Ld al DAY OF // I-1S,7 / cIg9.
VIDING FOR THE-SSMENT, PAY-
NOTARY PURER
AncniT PAYMENT
TIME OF ✓V_
AND ENTOFAWATER
`'v r
AND SEWER FACILI-
TIES IMPACT FEE; TARS RAN C N , TEXAS
PROVIDING FOR RE-
VIEW OF WATER AND
SEWER FACILITIES IM- ...
PACT FEES AND THE :;.-F�P�'.. BONNIE A. ADAMS ( 01 AFFIDAVITS
FEE SCHEDULES;PRO- •- e'•.•
VIDING FOR THE
PLACEMENTOF REVE- I. \.} NOTARY PUBLIC
NUE COLLECTED � �•` State of Texas FROM WATER AND `+',,
SEWER FACILITIES IM- / �.�r�+• �0, Comm.
PACT FEES INTO WA- )L , or Exp. 11-06-93 ,
AN
D
TER SEWERFA-
CILITIES IMPACTFEE ( �►''+-%"►-----
ACCOUNTS ESTABLISH-
ED FOR THAT PUR-
E;PROVIDING FOR
EXSEMPTIIONS; PRO- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —L
VIDING FOR REFUND —
OF UNEXPENDED
FUNDS; PROVIDING
FOR USE OF FUNDSDE-
RIVED FROM WATER REMIT TO : 400 W . SEVENTH , FW , TX 76102
AND SEWER FACILI-
TIES IMPACT FEES;
PROVIDING THAT WA- -�
C TER AND SEWER FA- tar-Telegram :::mt r IC: ►X ii•X40,0 04X X8X- 4.4c Y(1A XrX/rniY•76'197
FA-
CILITIES IMPACT FEES
MAY BE PLEDGED
TOWARD PAYMENT OF
BOND ISSUESANDSIMI-
ACCOUNT
LAR DEBT INSTRU- CIT57 AMOUNTDE 34 . 20
MENTS; PROVIDING NUMBER O
THAT TH IS OR DINANCE
SHALL BE CUMULA-
TIVE OF ALL ORDI- �F 1
NANCES;PROVIDINGA PAGE
SEVERABILITY
CLAUSE PROVIDING A
SAVINGSCLAUSE;PRO-
VIDING FOR PUBLICA-
TION IN PAMPHLET
FORM; PROVIDING
FOR PUBLICATION IN
THE OFFICIAL NEWS-
PAPER; AND PROVID-
ING AN EFFECTIVE
DATE.
PASSED AND APPROVED
- -1990 INSECo DF AUG-
OF SOUTHLAKE ORIGINA
)ING.
(FICKES CARROLL rTHIS
._.,.. � 34 . 20
ATTEST:OF SOUTHLAKE A K E TX 76092 0 AMOUNT P.
`
C•' .)RA L.LEGRAND
SECR
OVEDAS ETAR TOFORM:Y TN : SANDY LEGRAND - - - -
_LEN TAYLOR,JR.
--Y ATTORNEY
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
•unt of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared Dona Latta Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
CH/LINE INCHlLi AMOUNT
JUL 25 6557131 CL . 358 1X88 L 88 . 38 33 . 44
july 25
1358 Legal Notices !
NOTICE OF
PUBLIC HEARING
NOTICE is hereby given to all I
Interested persons that theClty
Council of the City of Southlake,
Texas,will be holding a public ._..... -,__...
hearing during the Regular Ci-
ty Council meeting on August 7,
1990,to begin at 7:30 p.m.in the
City Council Chamber of CITY
Hall,667 NorthCarroll Avenue,
Southlake,Texas.
Pu rposeof the hea ring is tocon-
sider the second reading of the
following ordinance.
e ORDINANCE NO.510 SIGNED kol----„--,a_tat .a.....,AN ORDINANCE RE-
LATING THE REGU-
PATIOON OOELOPMENT HIS THE 25th. DAY O F July, 1990.
SEDDINT"M Ts of AND SWORN TO BEFORE f1E T NOTARY PUBL e, • �� LZ� _,._..._,1
LAKE, TEXAS;
IMPOSING AN IMPACT
FEE ON LAND REVEL- •!..•....,-'. r.r-, T A R R A N T CO T Y , TEXAS
OPMENT IN SOUTH- :`i�P�� •.. ''-`•'' ""' '
LAKE FOR PROVIDING ,1 BONNIE A. DAMS
WATER AND SEWER -�� (� Nl3TARY PUBLIC 01 A F F I D A V I S
FACILITIES NECESSI- 1• •�
TATED BY SUCH NEW M Stag
r�
DEVELOPMENT;STAT-
ING ��••Ni Texas
OR ADOPTION OF THE of�� Comm M. Exp. ]1'06-93
ORDINANCE; PROV10.
ING DEFINITIONS; .ram...,, I
PROVIDING FINDINGS
AND DECLARATIONS
OF THE CITY COUNCIL; elf/} "
PROVIDING FOR THE t '�/� (,
PAY-
MENT ANDASSESSMENTIME o TEAR LONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ---
� - -
PAYMENTOFAWATER
AND SEWER FACILI-
TIES IMPACT FEE;
PROVIDING FOR RE-
VIEW
SEWER FACILITIES IM- REMIT TO : 400 W • SEVENTH , FW , TX 76102
PACT FEES AND THE , ,,-1,,S
FEE SCHEDULES;PRO-
VIDING FOR THE Star-Telegram
PLACEMENTOF REVE- {1_.p,li �;• rX��107CIGkO XQ (�,XX76197
NUE COLLECTED
FROM WATER AND — -
SEWER FACILITIES IM-
PACT FEES INTO WA- ACCOUNT C I T 5 7 AMOUNT 33 . 44
' TER AND SEWER FA- NUMBER DUE
i CILITIES IMPACT FEE
ACCOUNTS ESTABLISH-
ED FOR THAT PUR-
Pr PROVIDING FOR PAGE IF 1
t IPTIONS; PRO-
Y .; FOR REFUND
OF UNEXPENDED
FUNDS; PROVIDING
FOR USE OF FUNDSDE-
RIVED FROM WATER
AND SEWER FACILI-
TIES IMPACT FEES;
PROVIDING THAT WA-
TER AND SEWER FA-
CILITIES IMPACT FEES
MAY BE PLEDGED
TOWARD PAYMENT OF
BOND ISSUESANDSIMI-
MENTSS;LAR EPROVIDING A T INSTRU- Y OF SOUTHLAKE ORIGINA
SAVINGS CLAUSE;PRO-
VIDING FOR PUBLICA- N C A R R O L L 3 3 • 44
TOR M;IN AND PROV D- T H L A K E T X 7 6 0 9 2 0 THIS AMOUNT ►
ING AN EFFECTIVE
DATE. ATTN : SANDRA LEGRAND
City of Southlake
Sandra L.LeGrand
City Secretary
PLEASE WRITE IN AMOUNT ENCLOSED