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Ordinance 1990-10 ORDINANCE NO. 9tJ--/tJ . AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING IMPACT FEES AS AUTHORIZED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING DEFINITIONS; APPROVING A CAPITAL IMPROVEMENTS PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas, has given the notices and held the 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 developments in the City; and WHEREAS, the City Council of the City of Wylie has heretofore adopted land use assumptions within the designated service area, and such assumptions have been used to develop the capital improvements plan; and WHEREAS, the City Council finds that the City has complied with Chapter 395 in all respects necessary to adopt impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. In this ordinance: a. "Advisory committee" means the City Planning and Zoning Commission. b. "Capital improvement" means any water supply, treatment, and distribution facilities; or wastewater collection and treatment facilities having a life expectancy of three (3) or more years and which are owned and operated by or on behalf of the City of Wylie. c. "Capital improvements plan" means the plan adopted by this ordinance that identifies capital improvements or facility expansions for which impact fees are assessed. d. "Impact fee" means the charge or assessment imposed by this ordinance against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. e. "Land use assumptions" include the description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over a ten (10) year period. f. "Living unit equivalent (LUE)" means a unit that consumes the amount of water or discharges the amount of wastewater that a standard low density (3.2 D.U. per acre) residential unit would (1.00 LUE per connection). g. "New development" means the subdivision of land; 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. h. "Service area" means the area within the corporate boundaries or extraterritorial jurisdiction of the City to be served by the capital improvements or facilities expansions specified in the capital improvements plan, such area being specified by this ordinance by a map attached to and included within the land use assumptions and capital improvements plan being approved hereby. i. "Service unit" means the standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development. SECTION 2. No application for new development shall be approved within the City without assessment of an impact fee pursuant to this ordinance, and no building permit shall be issued unless the applicant has paid the impact fee imposed by and calculated under this ordinance. SECTION 3. The "City of Wylie Land Use Assumptions for Impact Fees, 1990-2000," dated April, 1990, and heretofore approved by resolution of the City Council is attached hereto as Exhibit "A" and is approved hereby and incorporated herein by reference for all purposes. The land use assumptions for the City shall be updated at least every three (3) years as provided by Section 395.052 et seq of the Texas Local Government Code. Amendments to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities, and population therein over at least a ten (10) year period. SECTION 4. A capital improvements plan styled "City of Wylie Ten Year Water and Wastewater System Master Plan" dated May, 1990, is hereby adopted and is attached hereto and made a part hereof as Exhibit "B" for all purposes. --- SECTION 5. a. The impact fee per service unit or LUE which is to paid by each new development within the service area shall be as established herein and may be amended from time to time. b. The impact fees due for a new development shall be assessed prior to or at the time of platting in the case of a new subdivision or, if new development occurs or is proposed to occur without platting, such fees shall be assessed at the time of connection to the City's water or sewer system, and all such fees shall be collected at the time of issuance of a building permit. For new development platted prior to the adoption of this ordinance, an impact fee may not be collected under this ordinance for a period of one (1) year from the date of adoption hereof, provided, however, any other ordinance of the City requiring dedication of land for public parks, requiring dedication of right-of-way or easements, or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs necessitated by and attributable to new development, or fees to be placed in trust for the purpose of reimbursing the City or developers for oversizing or constructing water or sewer mains or lines shall remain in full force and effect and not be repealed by the terms of this ordinance. c. An impact fee of $ ~'t) . t!)" per service unit or LUE for water supply, treatment, and distribution facility is hereby imposed in accordance with the LUE for water set out in Table 10, Exhibit "B." An impact fee of $ 0"0- f) t:1 per service unit or LUE of new development for wastewater collection and treatment facilities is hereby imposed in accordance with the LUE for wastewater set out in Table 18, Exhibit "B." The amount of each impact fee due shall be determined by multiplying the number of LUE generated by the new development by the impact fee due per LUE. If a new development's water or wastewater uses will exceed the LUE's set out in Exhibit "B" by more then ten percent (10%) consumption or flow, the City Engineer shall calculate the amount of impact fees for each category based on actual use. SECTION 6. a. All funds collected through the adoption of this ordinance shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which these fees were adopted. Interest earned on such fees is considered funds of the account on which it is earned and is subject to all restrictions placed on the use of these fees. b. Impact fee funds may be spent only for the purposes for which the fee was imposed as set out in Exhibit "B." c. The records of account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours of the City of Wylie. d. Impact fees may not be collected under this ordinance unless the collection is made to pay for a capital improvement or facility expansion that has been identified in Exhibit "B," and the City commits to commence construction within two (2) years of such capital improvement or facility expansion, and commits to have the service available within a reasonable period of time not to exceed five (5) years. e. The City may agree that an owner of a new development may construct or finance the capital improvements or facility expansions and the costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development or the City may agree to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, or the owner voluntarily requests the City to reserve capacity to serve future development and the City and the owner enter into a valid written agreement. SECTION 7. That the advisory committee shall file semi-annual reports with respect to the progress of the capital improvements plan and report to the City Council any perceived inequities in implementing the plan or imposing the impact fees. The committee shall advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fees. The procedural rules of the Planning and Zoning Commission shall be applicable to the advisory committee in carrying out these functions. SECTION 8. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City and shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof are inconsistent or in conflict with the provisions hereof, and to the extent of such conflict, if any, such other ordinances are hereby repealed. SECTION 9. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 10. This ordinance shall take effect immediately from and after its passage as the la wand charter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the .;( h day of ~. 9J,.l-rJ.Yj , 1990. / APPROVED: ~\\\\'.\ \\\1111111/1111',,1. ~~I OF Wi~/,I~ ~~"' r(.~ ~,.... /:~ ee.> (0~ ;;j ~ ~ ~ ~ ~ I B ~ ~ ~ ;::: ~ ~ ~ ~ ~ r-_ ~ ~ 11/~.J ~ ~~ YL IE it'f-# ~ ~/!l;J. _, I- .,\\\\'\ -lr/!F] Ii 1 ~ n~r \\,:_~\k-" ~~~ MAYOR ATTEST: /-j ~"", ; , . I I !(//~ /J~ I J / (_, Urlv/C rt7~/...~~~r (CVl'Y EC ARY \, 1,/'~ ,./" '--~ROVED AS TO FORM: ! '\ \"J I~) (~HII ' CITY ATTORNEY ~) ;', I /1 (I,t .j.....-- RLD/sb 5/21/90