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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 Y 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. a b g. In b bjar of nGt this stibseetit the eetmeill shail first determine th� the tise f-ef whish UAolll is .11 provide a pabb b b ftte 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)