Loading...
HomeMy WebLinkAboutORD 2004-06 - Infrastructure Reimbursement UDC#RDINANCE NO. ._1 r WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, the City Council in their motion to adopt the UDC directed staff to return to City Council at a future date with selected sections of the UDC for further study and amendment; and WHEREAS, a Public Workshop was conducted on October 30, 2003 to allow for public review of the proposed UDC amendments; and WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on December 2, 2003 to consider a recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of December 2, 2003 made a report to the City Council recommending approval of the proposed UDC amendment; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Century Plan as follows: 1. Policy End 12.00 in the Utilities / Energy element, which states: "City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers." 2. Focus End 12.02 in the Utilities / Energy element, which states: "City water and wastewater customers in all certified areas receive services which exceed state and federal standards." 3. Policy End 14.00 in the Finance element, which states: "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided." 4. Focus End 14.01 in the Finance element, which states: "Each utility system is a self - supported operation that provides a desirable and affordable level of service." 5. Focus End 14.03 in the Finance element, which states: "The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems." Infrastructure Reimbursement Page 1 of 4 and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 2. Section 13.09.030 of the "Unified Development Code," is hereby amended in its entirety as follows: Section 13.09.030 Infrastructure Construction Reimbursement A. Line Extension - 1. When it is necessary, in order to properly serve an entire area to be subdivided, to extend adequately sized water lines, wastewater lines, or irrigation lines, the sub -divider shall extend such utilities at its own expense. 2. Georgetown Utility Systems (GUS) maintains a Master Plan for the water distribution, wastewater collection, and irrigation utilities. Each master plan identifies future system improvements that are necessary to meet or exceed treatment and transport requirements for the specific utility. The planning horizon for the plan is up to 20 years in the future. When the Master Plan for a specific utility requires the installation of facilities designed to serve an area in excess of that required to serve the area being developed, the sub -divider shall extend such utilities at its own expense. 3. All necessary easements and/or rights-of-way shall be dedicated at no cost to the city. B. Oversized facilities 1. When the Utility Master Plan or GUS otherwise requires the installation of facilities exceeding the requirements for the specific developer beyond the appropriate u tility m inimum size (in accordance with section 13.06.020 and 13.06.030), then the facility shall be considered oversized. 2. GUS shall notify Development Services if the developer is required to oversize facilities during preliminary plat review. C. Line Oversizing Repayment 1. The City may, at its sole discretion, participate with the sub -divider in the cost of oversized facilities based upon, but not limited to the following factors: 1) the approved utility budget for the current year, 2) the ability of the specific utility to fund any future costs, 3) the degree to which the project conforms to and accomplishes the utility 5 -year GIP priorities 4) the degree to which the project accomplishes the utility Master Plan, and 5) the impact to system operations. Participation shall be by way of capital contribution through a cost participation contract, approved by resolution of the City Council, concurrent with preliminary plat approval. 2. When the sub -divider constructs line extensions included in the current five-year Infrastructure Reimbursement Page 2 of 4 Capital Improvement Plan (CIP), the approved cost participation contract shall provide for the payment to be scheduled during the same fiscal year as the CIP project that would have accomplished the line extension, and after the date of the issuance of the Certificate of Acceptance by GUS. 3, A Cost Participation Contract is not a guarantee of capacity. Guarantee of capacity is achieved through payment of normal impact fees. D. Impact Fee Credit Calculations 1. When the sub -divider constructs line extensions included in the ten-year Impact Fee CIP, the subdivider may be eligible for an Impact Fee Credit on the fee assessment for each lot in the planned development. 2. Impact Fee Credit shall be calculated based upon the number and size of service connections and the allocation of costs in the most recent Impact Fee Calculation. E. Cost Participation Calculations 1. The developer may be reimbursed for eligible construction costs of the oversized facilities greater than the utility minimum diameter. Cost participation shall be based upon the difference in cost between the actual line size and the line size required to serve the development, subject to the utility minimum. 2. The fees shall be calculated by GUS using information from the developer's engineer, using a methodology that apportions the developer's planned usage (based upon the minimum pipe size) to the available usage due to oversizing, and the following sources: a. Water/Wastewater facilities — the developer's engineer shall use the City's approved water or wastewater master plan as a basis for calculating residential flow per dwelling unit. Calculations for non-residential units shall be calculated using the latest edition of the "Design Criteria for Sewage Systems," as produced by the Texas Commission on Environmental Quality. b. Irrigation facilities — calculations for irrigation re -use facilities shall be made using the City's irrigation master plan. 3. Costs used in calculating cost participation shall be based on construction costs in effect at the time the tap is made. All calculations shall be submitted to GUS for appropriate review, verification, and approval. SECTION 3. All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application Infrastructure Reimbursement Page 3 of 4 t tot4.rr #y thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SEC_. This Ordinance shall be effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 13th day of January 2004, PASSED AND APPROVED on Second Reading on the 27th day of January 2004. ATTEST: Sandra D. Lee City Secretary Approved as to Form: A6" & Carls, LLP City Attorney Infrastructure Reimbursement Page 4 of 4 THE CITY OF GEORGETOWN