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Ordinance 2006-47 ORDINANCE NO. 2006-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE, TEXAS; ESTABLISHING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING THOROUGHFARE IMPACT FEES; AUTHORIZING THE MAYOR TO SIGN THE APPROPRIATE COMPLIANCE STATEMENT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvement plan determining impact fees; and WHEREAS, the City council has amended the land use assumptions and adopted the capital improvement plan by Ordinance No. 2006-10 and Ordinance No. 2006-35 and desires to set the amount of the thoroughfare impact fees based thereon; and WHEREAS, the City council held a public hearing to discuss the proposed thoroughfare impact fees; and WHEREAS, the Advisory Committee, created under Section 395.058, Local Government Code, filed its written comments on the proposed thoroughfare impact fees before the fifth (5th) business day before the date of the public hearing on the amendments; and WHEREAS, within thirty (30) days after the public hearing on the proposed thoroughfare impact fees, the City Council is approving amendments as more fully set forth below; and WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, to approve the proposed thoroughfare impact fees charged per service unit; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to adopt the thoroughfare impact fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein, including the land use assumptions and capital improvement plan adopted by Ordinance No. 2006-10 and Ordinance No. 2006-35. Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 1 Article 1. Purpose. This Ordinance is intended to assure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Article 2. Definitions. Area-related facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located offsite or within or on the perimeter of the development site. Capital improvement means any thoroughfare facilities with a life expectancy of three (3) or more years that are owned and operated by or on behalf of Wylie. Capital Improvements Plan means a plan adopted by the Ordinance No. 2006-10 that identifies capital improvements or facility expansions for which impact fees may be assessed. City or Wylie means the City of Wylie, Texas. City Council means the City Council of the City of Wylie, Texas. Facility expansion means the expansion ofthe 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. Final plat or final plat approval or approved final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released by the city for filing with Collin, Rockwall or Dallas County, whichever is appropriate. Impact fee means a charge or assessment imposed as set forth in this Ordinance against new development for thoroughfares. The term does not include: (a) Required dedications ofland for public parks or payments in lieu thereof; or (b) Dedication of rights-of-way or easements or construction or dedication of onsite or off-site streets, sidewalks, or curbs ifthe dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development. Land use assumptions means a description ofthe service area and the projections of changes in land uses, densities, intensities, population and employment growth in the service area over at Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 2 least a ten (10) year period and adopted by the city by Ordinance No. 2006-10, as may be amended from time to time, upon which the capital improvements plans are based. New development means a project involving 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 has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit or connection to the city's water or wastewater system, and which has not been exempted from these regulations by provisions herein or attached hereto. Installation of a larger water meter will constitute new development. Off-site means a facility or expansion that is not a Site-related facility, as defined herein. Plat shall mean a final plat as described in the city's subdivision regulations. Plat includes replat. Property owner has the same meaning as the term "applicant" in the city's subdivision regulations. Property owner includes the developer for the new development and the owner of the property . Recoup means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development. Roadway or Thoroughfare facilities means arterial or collector streets or roads that have been designated on Wylie's official adopted thoroughfare plan, together with all necessary appurtenances. The term includes, but is not limited to, Wylie's share of costs for roadways/thoroughfares and associated improvements designated on the federal or Texas highway system, including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also includes, but is not limited to, interest in land, traffic lanes, intersection improvements, traffic control devices and turn lanes associated with the roadway or street lighting. Service area means the area of the city's corporate limits, as they exist or may be altered, to be served by the capital improvements or facilities expansions specified in the capital improvements plan. Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that had been calculated in accordance with generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "Roadway Impact Fees 2006-2015", which is attached hereto as Exhibit C and incorporated by reference herein, as may be amended from time to time. Single-family residential has the meaning given the term in the city's zoning regulations. Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 3 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 thoroughfare facilities to serve the new development, and which is not included in the capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. Article 3. Applicability. The provisions of this Ordinance regarding thoroughfare impact fees apply to all new development within the corporate boundaries of the city, as they exist or may be altered. Article 4. Impact Fees Adopted for Thoroughfares. The proposed thoroughfare impact fees have been reviewed, evaluated, updated and revised. The City Council finds that the thoroughfare impact fees set forth in Exhibit A, attached hereto and incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby adopted and approved. Article 5. Impact fee as condition of development approval/permit issuance. No final plat for new development shall be released for filing with the appropriate county without assessment of a thoroughfare impact fee pursuant to this Ordinance. No building permit shall be issued for new development, until the property owner has paid the thoroughfare impact fee imposed by and calculated herein or a contract for payment is approved by Wylie and executed by the parties. Article 6. Assessment of thoroughfare impact fees. (a) The assessment ofthe thoroughfare impact fee for any new development shall be calculated and made at the time of final plat approval (as defined in Article 2). (b) Following initial assessment ofthe impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased or additional service units at the impact fee rate then in effect. (c) Following the lapse or expiration of a final plat that has been approved, or a final plat deemed approved due to failure of Wylie to act, a new assessment shall be performed at the time of new final plat approval in accordance with this Ordinance. Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 4 Article 7. Computation and collection of impact fees. (a) The impact fees due on new development shall be collected at the time of application for a building permit, unless an agreement between the developer and the city has been executed providing for a different time of payment. (b) At the time of final plat approval, for all new developments, the city shall compute the impact fees due for the new development in the following manner: (I) The amount of each type of impact fee due shall be determined by multiplying the number of each type of service units generated by the new development by the impact fee due for each type of service unit in the applicable service area set forth in Exhibits A and/or B, respectively. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided by this Ordinance. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit in Exhibits A and/or B then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. Article 8. Credits against impact fees. (a) Any construction or contributions to or dedications of any area-related facility appearing in the capital improvements plan that is required to be constructed by a property owner as a condition of new development shall be credited against the impact fees otherwise due on that new development from the same category of impact fees assessed on the new development. (b) All credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and any additional administrative guidelines that may be adopted by the city. (1) No credit shall be given for the dedication or construction of site-related facilities. (2) No credit shall exceed an amount equal to the assessed impact fee. (3) If a credit applicable to a final plat has not been exhausted within ten (10) years from the acquisition of the first building permit issued or within such period as may otherwise be designated by contract, such credit shall lapse. (4) In no event will the city reimburse the property owner or developer for a credit when no impact fees for the new development can be collected pursuant to city ordinance or for any amount exceeding the total impact fees due for the new development for Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 5 the category of capital improvement, unless otherwise agreed to by the city. (c) The available credit associated with new development shall be applied against an impact fee in the following manner: (1) For single-family residential lots in a new development consisting only of single- family residential development, such credit shall be prorated equally among such lots, to be applied at the time of application of a building permit for each lot, against impact fees to be collected at the time the building permit is issued. (2) For all other types of new development, including those involving mixed uses, the credit applicable to the new development shall be applied to the impact fee due at the time of approval. (3) At its sole discretion, the city may authorize alternative credit agreements upon written agreement with the property owner in accordance with the city's administrative guidelines. Article 9. Establishment of accounts. (a) The city shall establish an account to which interest is allocated for the service area for each type of capital facility for which an impact fee is imposed. Each impact fee collected within the service area shall be deposited in such account. (b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used only in the same manner as which the underlying funds may be used. (c) The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the accounts are utilized solely for authorized purposes. (d) The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended within the service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The city may establish a fee for . . copymg servIces. Article 10. Use of proceeds of impact fee accounts. (a) The impact fees collected for the service area maybe used to finance or to recoup the costs of any capital improvements or facility expansion identified in the capital improvements plan for the service area, including but not 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). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 6 by or on behalf of the city to finance such capital improvements or facility expansion. (b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: (I) Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) Repair, operation or maintenance of existing or new capital improvements or facility expanSIOn; (3) Upgrade, update, expansion or replacement of existing capital improvements to provide better service to existing development; or (4) Administrative and operating costs of the city. Article 11. Refunds. (a) Upon application by an owner of property, any impact fee or portion thereof collected pursuant to city ordinance, which; (i) has not been expended within ten (10) years from the date of payment, or (ii) existing facilities are available and service is denied, or (iii) the city has, after collecting the impact fee when service was not available, failed to commence construction within two (2) years or service is not available within a reasonable period considering the type of improvement or expansion, but in no event later than five (5) years from the date of payment; shall be refunded to the record owner ofthe property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of payment to the date of refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002, or its successor statute. The application for refund pursuant to this article shall be submitted within sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis. (b) An impact fee collected pursuant to this Ordinance shall also be considered expended if the total expenditures for capital improvements or facility within the service area within ten (10) years following the date of payment exceed the total fees collected within the service area for such improvements or expansions during such period. (c) If a refund is due pursuant to subsections (a) and (b), the city shall divide the difference between the amount of expenditures and the amount ofthe 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 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. (d) Upon completion of all the capital improvements or facility expansions identified in the Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 7 capital improvements plan for the service area, the city shall recalculate the impact fee per service unit using the actual costs for the improvements or expansions. Ifthe 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 (10) percent. If the difference is less than ten (10) percent, no refund shall be due. The refund to the record owner 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. Article 12. Updates to plan and revision of fees. (a) The city shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code Chapter 395 or in any successor statute. (b) The city may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly, or whether any Exhibits hereto should be changed. (c) If, at the time an update is required pursuant to subsection (a), the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code Section 395.0575 or its successor statute. (d) In addition to the reviews required by this Article, the city shall also conduct the reviews required by Article 4, Impact Fees Adopted for Thoroughfares, above. Article 13. Use of other financinl! mechanisms. (a) The city may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (b) Except as herein otherwise provided, the assessment and collection of an impact fee 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. Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 8 Article 14. Impact fee as additional and supplemental rel!ulation. Impact 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 certificates of occupancy, including but not limited to water and wastewater impact fees Such fee is intended to be consistent with and to further the policies of the city's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances, codes and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Article 15. Relief procedures. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city 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 duty be performed within sixty (60) days ofthe request. Ifthe city council determines that the duty is required pursuant to this 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. SECTION 3: Certificate of Compliance Statement. The Mayor is hereby authorized to sign the appropriate annual compliance statement required under Section 395.082 ofthe Texas Local Government Code or its successor statute acknowledging compliance with the requirements thereof. SECTION 4: Saving/Repealing Clause. All provisions of any ordinances in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its adoption. Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 9 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of July, 2006. Jo Mo y, ayor \ ""'/I 1// "'~I 0 F W 111// ",^" .<"'''. r/ "; ,$ " 4lJC'ell 0.... '\/ ~ ~ () /~ C'~, ~ eo. <<' ~ = l;:;-.r ~: - : \~,t<AL : = =- ~. I~=-~~:-:.:~ f ~ __" e.... ;. o,)',a. .... ~ ~ ,~. "'... .... t".- ~ ~ ryY,...... ~J" ;"" '-IE TEi-- "", 1///,,,,', n"\\\\ ATTESTED TO AND CORRECTLY RECORDED BY: Date of publication in The Wylie News - August 2. 2006 Ordinance No. 2006-47 Thoroughfare Impact Fee 456835.v3 Page 10 Ordinance 2006-47 (Exhibit A) * C&S Media, Inc. \!rbe jfarmcnilJille \!rimell . Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN 31 J-D3;--- Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinances Numbers 2006-43, 2006-46 and 2006-47 was published in said newspaper on the folIo . g ate, to-wit: August 2, 2006 Subscribed and sworn before me on this, the q Chad Engbrock, Publisher day of lllJ i>yU<1.J-: 2006 to certify which witness my hand and seal of office. Not Y Public in and for The State of Texas My commission expires '2-. .z ,. WIG ~'\UVV:'",. ..._~~.. ..'t.<- ~~.' '."t->~ I: d \;.p..;. ......so ~,:';O;(\.~:.~ 11""",\\" TAMMV BURTON Notary Public. State of Texas My Commission Expires February 21, 2010 Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318 Farmersvi lle/Princeton Office. 101 S. Main . P.O. Box 512 . Farmersville, TX 75442 . 972-784-6397 . fax 972-782-7023 1349 Empire Centr~1 ' Drive Suite 1000 Dallas, Texas 75247-4066 phone (214) 631-6100 Fax (214) 631-6109 E-mail: cmanning@apaienv.com The cost for Contract Documents is $375 per set for full-size docu- ments, $275 per set for half~sile documents, or $100 per CD-ROM for PDF documents. The cost of Contract Documents is not refund- able. Submit check, cashier's check or money order for payment. Cash will not be accepted. Contract Documents are on file and may be exam- ined without charge in the offices of the North Texas Municipal Water District at the address where pro:... posals are to be received. or at the offices of Alan Plummer Associates, Inc., at the address listed above. Contract Documents are also on file in the following Plan Rooms: ORDINANCE NO, 2006-43 AN ORDINANCE OF tHE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 78 (PARKS AND RECREATION), SECTION 78-72 (DEDI- CATION PROCE- DURES), .PARAGRAPH (a) OF WYLIE'S CODE OF ORDINANCES; PROVIl)ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVu>- ING FOR REPEALIN(t,' SAVINGS AND SEVER- ABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCB. ORDINANCE NO. 2006-46 AN ORDINANCE OF' THE CITY OF WYLIE, TEXAS, AMENDING TIlE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPER- McGraw Hill tY, ZONING CASE Construction Dodge NUMBER 2006-08, TO 9155 Sterling Street, PLANNED DEVELOP- Ste. 160 MENT 2003-01 TO Irving. Texas 75063 ALLOW FOR A SPORTS Phone (972) 819-1400 COMPLEX; PROVID- . N~tr6'~e~l;'~61;i~~t't~"ftfi,,~~.tilit\~~ Reports . OF THIS ORDINANCE; 11325 Pegasus #233W PROVIDING FOR THE Dallas, TX 75238 REPEAL OF ALL ORDI- Phone (214) 342-9200 NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Direct. questions regard- ing distribution of Contract Documents and questions related to the design of the project to Mr. Charles Manning, P.E. All questions must be submitted in writing, at least forty-eight (48) hours I)efore the bid opening and may be sub- mitted to Alan Plummer Associates, Inc., AUo: Charles Manning, P.E. via mail, fax or e-mail (con- tact information provided above). ORDINANCE NO. 2006-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING tHOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE, tEXAS; ESTABLISH- ING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING THOR- OUGHFARE IMPACT FEES; AUTHORIZING THE MAYOR TO SIGN THE APPROPRIATE COMPLIANCE STATE- MENT; PROVIDING FOR REPEALING, SAV- INGS AND SEVER- ABILITY CLAUSES: AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Bidders must submit a cashier's check, certified check, or acceptable bid- der's bond with their pro- posal as a guarantee that the Bidder will enter into a contract for the project with the Owner within ten (10) days of Notice of Award of the contract. The security must be payable to the North Texas Municipal Water District in the amount of five percent (5%) of the maximum total bid sub- John Mondy, Mayor milled. Contractor must ATTEST: execute I the contract, bonds and certificates of Carole Ehrlich, insurance on. the forms City Secretary b:~~ti~~~e::~~a~~tnnl un.. .......1.~:~1:,~~~.8911 A performance bond and a payment bond, each in the amount of not less than one hundred (100%) per- cent of the contract price, conditioned upon the The TCEQ Executive faithful performance of Director has completed the contracU, and upon the technical review of the payment of all persons application IUld prepared a '''''P'l';"!! 'o""'-=-i=--4<&ft-p&rfuit The draft nishing materials, will be permit, if approved, would required. establish the conditions under which the facility must operate. The Executive Director has made a preliminary deci- sion that this permit, if issued, meets all statutory and regulatory require- ments. The permit appli- cation, Executive Director's preliminary decision, and draft pennit are available for viewing and copying at U.S. Anny Corps of Engineers, La von Lake Project Office, 3375 Skyview Drive, Wylie, Texas. I At this time and plllce the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Contract Documents, including Plans and Specifications, are on file and may be examined or procured in the office of the North Texas Municipal Water District, Wylie, Texas, Telephone # (972) 442-5405. A cashier's check. certi- fied check or acceptable bidder's bond, payable to the North Texas Municipal Water District in an amount not less than five (5%) percent of the bid submitted, must accompa- ny each bid as a guarantee that, if awarded the con- tract, the Bidder will, within fifteen (15) days after receipl of Notice of Award, enter into a con- tract and execute bonds on the forms provided in the Contract Documents. In case of ambiguity or lack of clearness in stating proposal prices, the North Texas Municipal Water Dilllrict reserves the right to adopt the most advanta. geous construction there- of, or to reject any or all bids, and waive formali- ties. No bid may be with- drawn within sixty (60) days after date on which bids are opened. NORTH TEXAS MUNICIPAL WATER DISTRICT By: Ken Bell Presidebt, Board of Directors 11-3t-231-10711 NOTICE OF PUBLIC HEARING A public hearing will be held by the Planning and Zoning Commission of the City of Sachse, Texas at 7:00 P.M., Monday, August 14, 2006, at City Hall, 5560 SH 78 to con- sider th~ application of Charles Smith, requesting a change in zoning from Residential-5 (R-5) District to Commercial-I (C-l) Neighborhood Shopping District. I. :~~.;"~.~~(l.is~:~~~._ SION, U.S. Army Corps of Engineers, 3375 Sky view Drive, Wylie, texas 75098, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 12055-001, which author- izes the discharge of treat- ed domestic wastewater at . daily average flow not to exceed 18,000 gallons per day. TCEQ received thi, application on March 4. 2006. The facility is located in Avalon Park, on the'south side of Lavon Lake, immediately northwest of Lavan Dam, and approxi- mately 2.5 miles north- west of the intersection of State Highway 78 and State Highway 205. in Collin County, Texas. The treated efflueni is. dis- charged to Lavan Lake in Segment No. 0821 of the Trinity River Basin. The designated uses for Segment No. 0821 are high aquatic life uses, public water supply, and contact recreation. All determinations are prelim- inary and subject to addi- donal review and/or revi- sions. PUBLIC COMMENT/PUBLIC MEETING, 'you may submit public comments or request a public meet- ing about this applica- tion, The purpose of a public meeting is to pro- vide the opportunity to submit comments or to ask questions about the application. tCEQ holds a publiC meeting if the Executive Director deter- mines that there is a sig- nificant degree of public interest in the application or if requested by a local legislator. A public meet- ing is not a contested case hearing. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the .-lpgdlinp_ for <mh,.,.,iU;no . . . . . . . D ROADWAY IMPACT FEE 2006 - 2015 FINAL DRAFT REPORT Prepared For . CITY OF WYLIE . Prepared By BIRKHOFF, HENDRICKS & CONWAY L.L.P. & 7502 GREENVILLE A VENUE, #220 DALLAS, TEXAS 75231 LEE ENGINEERING 17440 DALLAS PARKWA Y, #204 DALLAS, TEXAS 75287 . M~ 2006 FINAL DRAFT REPORT CITY OF WYLIE THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES The first step in the development impact fee process is the development of a 10-year Capital Improvement Plan (CIP). This capital improvement plan includes projects intended for construction by the City of Wylie in the next 10 years to serve existing and future development. The CIP was provided by the City of Wylie. Existi02 Facilities The City of Wylie arterial and major collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage. The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544, FM 1378, Ballard Avenue, Brown Street, and Stone Road. Several arterial roadways including SH 78, FM 544 and FM 1378 are under the operation and maintenance jurisdiction of the Texas Department of Transportation (TxDOT). Proposed Facilities The City of Wylie adopted a revised Comprehensive Plan including an updated thoroughfare plan in 2005 that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use and. The highest classification of roadway is the Principal Arterial type facility. These roadways are generally multi-lane (4 or 6 lanes) with median dividers that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining development. The character of the developments served should determine the sizes and alignments of collector roadways. City of Wylie - 2006 Roadway Impact Fee Page 1 FINAL DRAFT REPORT Capital Improvement Plan for Imoact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table 1 and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the project length, and estimated cost to the City. In addition, under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the CIP are identified in the City of Wylie Thoroughfare Plan. Construction costs, without the benefit of a detailed preliminary engineering study for each project, have been determined based on data provided by the City of Wylie. Financing costs for the projects in the thoroughfare CIP were also included in the total estimated cost. 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'ii en ~ ::J 0:0: !! 1 1; "0 ~ "t:I ~ W 0 lilt 'C G> ~ ~ i tICl GO j I~ "E -0 r- ~ ~ 0 0 m 0: 0: Jii (I) ~ 51!! .!'1 '" .!!! ~I!e '0 - I IA ~ lIiI i ~ :!! c ::J 2() C e c l! 2 :E ~ 8 u u I~ CD ~ ~ 0 ~ Ui~ IL IL 22 :(( en CI) CI) (:) . :, ! 11 I - ~ I' rnr- I ~ .. ~I I" J I JI~ ..I i ! i , u ::J 1Il => I ::I li: ~ ~ ~ ~ ~. ~ ~ i ~ t ~ ~ ~ ~ ~ I a~~~~ ~~~~I ~ DO 0 ~ II III ~ ~ g ~ 8 ~ DO ~ i II ~ ~ I ~ e ~ 3 j ~ ~ ~ ~ ~ ODD ;ii~~ ~ I ; i ~ ~ ~ ! 8 ODD FINAL DRAFT REPORT IMPACT FEE CALCULATION I. INTRODUCTION The next step of the Development Impact Fee process is the determination of the maximum fee per service unit that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period by the number of service units of growth forecast to occur. The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 4. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth. II. SERVICE UNIT To determine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour V ehic1e-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation, 7th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within the City of Wylie. Table 2 shows the typical service units for each land use type. City of Wylie - 2006 Roadway Impact Fee Page 5 FINAL DRAFT REPORT Table 2 Service Unit Calculation by land Use Type City of Wylie 2006 Roadway Impact Fee Variable PM Peak Trips' Trip Length" Vehicle-Miles (vehicles) (miles) Residential Dwellirm Unit 1.01 3.0 3.03 Office 1.000 ft2 1.49 3.0 4.47 Commercial I Retail 1,000 ft2 3.75 2.4 9.00 Industrial 1,000 W 0.98 3.0 2.94 Public and Institutional 1,000 W 1.01 2.1 2.12 Parks and Recreational Acre 13.01 2.1 27.32 .. Based on lTE Tnp Generation, 7th Edition 2 Based on NCTCOG data FINAL DRAFT REPORT III. SERVICE AREAS The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (West and East) were established for the City of Wylie to ensure that funds are spent within six miles of where they are collected. The service areas include most of the developable land within the city limits of Wylie. Within Wylie, the growth and intensities of growth for the ultimate development of the City and that portion of the service area expected to occur during the 10-year period, 2006-2015, is forecast. The two service areas are shown in Figure 2. IV. ASSUMPTIONS AND EV ALUA nON CRITERIA Determination of the eligible costs of capital improvements to serve the forecast growth over the lO-year period, 2005-2014, was based on data provided by the City of Wylie. The basic criteria and assumptions made for this study include the following: 1. Costs of existing facilities constructed to serve new development have been included, and City of Wylie staff identified projects of this type. 2. Bond interest costs are included. 3. Street facility improvements, although necessary for additional capacity by new growth, will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for the build-out. Table 3 shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years and is used to pro-rate the identified costs in the service area. In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off-site should be treated as a credit to the impact fee assessment. City of Wylie - 2006 Roadway Impact Fee Page 7 II ",# j) ~ ~ I ~-""l< r - It -~ t " \. Ir, #' ~ II '-, (i ~ t~ I1Tn--.. _ _ ...u.u...I--'iI__ ~ I --==== ... ~ I I I -- j - ,~ __I, 'n -, I- en w ~ ---- t'-' H ''==-0 !r=: .. (JCD Cc al! ~C ~ c.. Ei . 51! ". Cl > :: C a: 5 0.. Y a:CD r ,~ ~ .L..llll L . I I /t -- ~.., J-,,;' J -. n .... t" 1-.. j '5 I . !.--.J =- " -- I 4 ~ '- ~---- '\. ) 5.- ,,< '< < /"< / , -..-- . ~ l~1 ""1, .;;;;: ~ '~ 1/ '!~ ~ II ,("I 'J I 7- - J'- =:J I-r T~ _ --=_ ~r nT -- " I I i , r --J · I < _JJ~:.1 .~- ! I ~. I i===--= Ii ~~ / ~ =~::..:;- -=~ I . ~ ;;/ ~- II j /fl - I " I I' FINAL DRAFT REPORT Table 3 Summary of Vehicle - Mileage Distribution by Development Period City of Wytie 2006 Roadway Impact Fee Existing 2006 - 2015 Year 2016 - Ultimate Service Vehlcle-Mlles Portion of Vehicle-Mlles PorDon of Vehicle-Mlles Poruon of Ultimate Area 2005 Ultimate Added Ultimate Added Ultimate Vehicle-Miles Vehlcle-Mlles 2006-2015 Vehicle-MDes 2016 . UUlmate Vehicle-Miles W 30,597 0.443 34,057 0.493 4,431 0.064 69,085 E 16.563 0.422 21.972 0.560 670 0.017 39,205 Total 47,1tiO 56,029 5,100 108,289 FINAL DRAFT REPORT V. ELIGIBLE COSTS Table 4 presents a summary of the roadway capital improvement costs for the two service areas. The lO-year portion of the total costs was calculated using the data from Table 3. Costs of each of the individual street projects were accumulated, or apportioned, for the service area in which they were located. Boundaries of the service areas were located to be coincident with natural barriers, the center of existing or proposed street facilities included in the capital improvements plan or along city limit lines. Costs of these projects included only those costs that will be paid for by the City of Wylie. VI. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY The determination of growth of service units and resulting impact fee rates were then made. Table 5 presents the derivation of service unit equivalents for each of the six defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 presents a summary of the calculations and resulting eligible costs per service unit. Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs. The total eligible costs per service unit are shown in Table 6. These City will use a detailed financial analysis to adjust for tax credits or will use 50 percent of these eligible costs. VII. IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps. The first step is to determine the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the ten-year period. This calculation for Service Area W is summarized on page 14. City of Wylie - 2006 Roadway Impact Fee Page 10 I . FINAL DRAFT REPORT Table 4 Summary of Capital Improvement Cost by Service Area City of Wylie 2006 Roadway Impact Fee Zone Cost of Portion of Capacity of Cost of Thoroughhue Service Area Thoroughfare Thoroughfare Attributed Attributed to Growth to Growth (2006 - 2015) (2006 - 2015) W $60,076,160.00 0.493 $29,617,546.88 E $56,382,991.83 0.560 $31,574,475.42 Totals $116,459,151.83 561,192,022.30 FINAL DRAFT REPORT Table 5 Thoroughfare Land Use Equivalency City of Wylie 2006 Roadway Impact Fee Land Use Development Veh-Mlles I Development Unit SU Equivalency Unit (1) (2) Residential Dwelling Unit 3.03 1.00 Office 1,000 tf 4.47 1.48 Commercial I Retail 1,000 tf 9.00 2.97 Industrial 1,000 tf 2.94 0.97 Public and InsitutionaJ 1,000 tf 2.12 0.70 Parks and Recreational 1,000 ff 27.32 9.02 Notes: (1) Based on data from the ITE Trip Generation Manual and NCTCOG (2) Ratio of each land use to service unit of Residential FINAL DRAFT REPORT Table 6 Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2006 Roadway Impact Fee Cost of Thoroughfare Number of New Cost Per Cost Per Service Area Attributed to Growth Service Units Service Unit Service Unit (2008 - 2015) (2006 - 2015) (Rounded) W $29,617,546.88 34,057 $869.65 $869 E $31,574,475.42 21,972 $1,437.01 $1,437 Totals $61,192,022.30 56,029 FINAL DRAFT REPORT Cost of Roadway Facilities (Table 1 - Service Area W) = $60,076,160 Proportion of Capacity Attributable to New Growth (Table 3 - Service Area W) = 0.493 Cost of Roadway Facilities Attributable to Growth (2006-2015 - Service Area W): $60,076,160 x 0.493 = $29,617,546.88 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next 10 years (2006-2015) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area W is: Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total Growth in Equivalent Service Units (Table 3) = $29.617.546.88 34,057 ESU = $869.65/ ESU = $869/ ESU (Service Area W) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. Impact Fee Calculation Example The land use equivalency table is provided in Table 7. This table identifies the total service units generated by specific uses within each land use category. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from Table 7 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming an impact fee of $232.50 per service unit (50 percent of the maximum allowable impact fee) are shown page 16. City of Wylie - 2006 Roadway Impact Fee Page 14 FINAL DRAFT REPORT CATEGORY Table 7 Land Use Equivalency City of Wylie 2006 Roadway Impact Fee DEVELOPMENT ITE TRIP TRIP UNITS' RATEz LENGTH3 LAND USE PASS-BY SERVICE TRAFFIC4 UNITS5 0 3.03 0 1.86 0 4.47 0.7 7.27 0.5 38.88 0.2 5.88 0 1.77 0.2 20.97 0.3 7.88 0 2.94 0 0.32 0.9 0.22 0 1.39 RESIDENTIAL Single-Family Detached Dwelling Unit 1.01 3.0 Apartment Dwelling Unit 0.62 3.0 IoFFICE Office Building 1,000 fe GFA 1.49 3.0 COMMERCIAL Convenience Stores/Gas Pumps 1,000 fe GFA 60.61 0.4 Drive-In Bank 1,000 ft2 GFA 45.74 1.7 Home Improvement Store 1,000 ft2 GFA 2.45 3.0 Hotel Rooms 0.59 3.0 Restaurant 1,000 ft2 GFA 10.92 2.4 Shopping Center 1,000 ftz GFA 3.75 3.0 INDUSTRIAL Industrial 1,000 ft2 GFA 0.98 3.0 INSTITUTIONAL School Students 0.15 2.1 Day Care Center Students 0.82 2.7 House of Worship 1,000 tf GFA 0.66 2.1 GFA = Gross Floor Area 2 (Vehicles); Based,on ITE Tffp Generation, 7th Edition 3 (Miles); Based on NCTCOG Data 4 Percentage of traffic already passing by site - land use is an intennediate destination S (Vehicle-Miles) . The land uses and trip generation characteristics listed In this chart are Intended as examples. The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers "Trip Generation, Seventh Edition; which is incorporated herein by reference. f'llV.4L I)R.4f~1~ REP(JRT SINGLE-FAMILY DWELLING (Service Area W) · Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.03 Vehicle-Miles / Dwelling Unit) = 3.03 Vehicle-Miles · Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $434.50 / Service Unit: (3.03 Vehicle-Miles) x (5434.50/ Vehicle-Miles) = $ 1316.53 50,000 ft2 SHOPPING CENTER (Service Area W) · Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.88 Vehicle-Miles /1,000 ft2) = 394 Vehicle-Miles · Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $434.50/ Service Unit: (394 Vehicle-Miles) x ($434.50/ Vehicle-Miles) = $ 171.193.00 City of Wylie - :WOCi Roadway Impact Fee Page 1 6