HomeMy WebLinkAboutORD 2001-03 - Water/Wastewater Impact FeesAN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS
AMENDING SECTION 13.32.120 OF THE CODE OF
ORDINANCES RELATING TO EXCEPTIONS AND
EXEMPTIONS FROM WATER AND WASTEWATER IMPACT
FEES; PROVIDING A REPEALING CLAUSE AND
SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, on January 9, 1996, the City Council adopted Ordinance No. 96-01,
codified as Chapter 13.32 of the Code of Ordinances of the City of Georgetown,
establishing water and wastewater impact fees, providing for the assessment and
collection of such fees and for exceptions and exemptions therefrom ("Impact Fee
Ordinance"); and
WHEREAS, on November 28, 2000, the City Council has determined it to be in the
best interest of the citizens of Georgetown to delete from the Impact Fee Ordinance the
exception concerning the waiver of such fees for government and church -owned property;
and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun
on December 6, 2000 in compliance with the City Charter of the City of Georgetown;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT.
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 following elements of the Century Plan Policy Plan
and that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan:
• Finance Policy 5.0: All municipal operations are conducted in an efficient
business -like manner and sufficient financial resources for both short-term
and long-term needs are provided; and
SECTION 2, The City Council of the City of Georgetown hereby amends Chapter
13.32 of the Code of Ordinances, entitled "WATER AND WASTEWATER IMPACT FEES',
to delete subparagraph G., entitled "Government and Church -Owned Property" from
Section 13.32.120, entitled "Exceptions and Exemptions", and to re -letter the following
subparagraph H. accordingly to G.
Ordinance No. 61001 ` 005
Revision to Impact Fee Ordinance
Page 1 of 2
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer of any force and
effect.
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application 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.
SECTION 5, The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 12th day of December, 2000,
PASSED AND APPROVED on Second Reading on the `A day of January, 2001.
ATTEST:
Sandra Lee, City Secretary
="100 • •'
Marianne Landers Banks, City Attorney
Ordinance No. CZ001® 003
Revision to Impact Fee Ordinance
Page 2 of 2
THE CITY OF GEORGETOWN:
B J�
MaryEllen Kersch, Mayor
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13.32.160
13.32.160 Updates to plan and revisions of fees.
The City shall review the land use assumptions and impact fee capital improvements plan
for water and wastewater facilities at least every three years, with the first three-year period to
commence from the date of adoption of the impact fee capital improvements plan referenced in
this section. The City Council shall accordingly make a determination of whether changes to the
land use assumptions, impact fee capital improvements plan or impact fees are needed and shall,
in accordance with the procedures set forth in the Texas Impact Fee Act, or any successor statute,
either update the fees or make a determination that no update is necessary. (Ord. 96-1 § 2 (Att.
A) (per))
13.32.170 Use of other financing mechanisms.
A. In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements plan through
the issuance of bonds, through the formation of public improvements 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.
B. Except as otherwise provided herein, the assessment and collection of a 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. (Ord. 96-1 § 2 (Att. A) (part))
13.32.180 Impact fees as additional and supplemental regulation.
A. Impact fees established by this chapter 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 the City's Century Plan,
impact fee 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 chapter 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 City, which shall be operative and remain in full force and
effect without limitation with respect to all such development. (Ord. 964 § 2 (Att. A) (part))
13.32.190 Relief procedures.
A. Any person who has paid an impact fee or an owner of land upon which an impact fee
has been paid may petition the Council to determine whether any duty required by this chapter
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 the request that the act be performed within 60 days
of the request. If the Council determines that the duty is required pursuant to this chapter and is
late in being performed, it shall cause the duty to commence within 60 days of the date of the request
and to continue until completion.
(Georgetown Supp. 9) 266-20
13.32.194
B. Any person who has been assessed an impact fee under this chapter may appeal that
assessment by written application to the Director. The City Council may enforce, reduce or modify
the assessment, after providing a public hearing with due notice and opportunity to be heard, if
it determines that the assessment is unwarranted or in error.
C. The Council may by ordinance grant a variance or waiver from any requirement of this
chapter, upon written request by a developer or owner of property subject to this chapter, following
a public hearing, and only upon finding that a strict application of such requirement would, when
regarded as a whole, result in extreme hardship to the applicant and that the grant of the waiver
or variance is in the best interest of the City.
D. If the Council grants a variance or waiver to the amount of the impact fees due for new
development under this section, it shall cause to be appropriated from other City funds the amount
of the reduction in the impact fees to the amount in which the fees would have been deposited.
(Ord. 96-1 § 2 (Att. A) (part))
266-21
(Georgetown Supp. 1I)
13.32.110
2. If a building permit is issued after one year but before two years of the effective date
of said ordinance, only fifty percent of the assessed fee in Table C-1 will be collected.
3. If a building permit is issued any time two years or more after the effective date of said
ordinance, one hundred percent of the assessed fee in Table C-1 will be collected. (Ord. 96-1 § 2
(Art. A) (Part))
13.32.120 Exceptions and exemptions.
A. Limitation on Modification. Except as provided in this chapter or by contract in existence
on the effective date of the ordinance codified in this chapter, any reduction, change or modification
in the amount or time of payment of the impact fee must be approved by a duly enacted ordinance
of the City Council.
B. Private System Connected. An impact fee shall not be assessed on any property that receives
service from a central water supply system owned by a person or an entity other than the City of
a wastewater treatment plant owned by a person or entity other than the City and which water supply
system or wastewater treatment system is to be tied into the City's water and wastewater system.
C. Consumption Meter. The owner of a meter used to monitor water that is utilized exclusively
for consumptive purposes and/or that cannot enter the City wastewater system will not be charged
the wastewater impact fee.
D. Fire Protection Capacity. No fee shall be collected for the purchase of a tap that is utilized
to provide only fire protection capacity.
E. Nothing hereinabove stated shall be construed to alter the terms of a contract with a wholesale
customer of the City regarding the payment of impact fees and shall not be construed to authorize
the payment of impact fees in installments in areas encompassed by such a contract for wholesale
service.
F. Exchange. A tap may be exchanged before any water or wastewater service has been received
for another tap without collection of the impact fees established in this chapter if the exchange
will result in an equivalent or lesser number of service units to be utilized on the property for which
the tap was originally purchased. The number of service units to be exchanged shall be determined
in accordance with Section 13.32.050 and shall not be based on the number of units at the time
of initial purchase.
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JPr Economic Development Projects. No fee shall be collected from any new development
designated by the City Council as an economic development project. (Ord. 96-1 § 2 (Att. A) (part))
266-17 (Georgetown Supp. 9)