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HomeMy WebLinkAboutORD 98-73 - Water/Wastewater Impact Fees�,/1.,• a 1 i I! • .1s AAA 1 ! 1 1 1 1' TAND 11 Of a 01 OUN V CA 09 k ..1 WHEREAS, Texas Local Government Code, Chapter 395, the Texas Impact Fee Act authorizes a city to adopt impact fees for the purpose of financing capital facilities required by new development; and WHEREAS, the City is required to update its impact fees at least once every three years; and WHEREAS, the City of Georgetown has duly appointed an Impact Fee Advisory Committee and has adopted Updated Land Use Assumptions and an Impact Fee Capital Improvements Plan in accordance with the requirements of the Texas Impact Fee Act; and WHEREAS, the City of Georgetown, having complied with all substantive and procedural requirements of the Texas Impact Fee Act, the City of Georgetown finds it necessary and appropriate to update its water and wastewater impact fees to pay the costs of certain capital improvements for new development; NOW, THEREFORE,ORDAINED BY THECOUNCIL GEORGETOWN, 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 Environmental and Resource Conservation Policy 3. 1, Finance Policy 5. 1, and Utilities/Energy Policy 14.0 of the Century Plan - Policy Plan Elements, which state: Georgetown's water resources system provides a sufficient water supply of high quality to meet future City needs, to meet economic development and recreational requirements, and to conserve wildlife; Each utility system is a self -supported operation that provides a desirable and affordable level of service; Georgetown's utility systems provide safe and reliable service which meets the needs of all citizens and promotes the economic health of the community; and further finds 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, SECTION 2. Section 13.32.020(A) of the Georgetown Code of Ordinances is hereby amended to read: The Updated Land Use Assumptions 1998 for the City dated September, 1998, on record in the office of the City Secretary, are adopted and incorporated by reference. 1998 Impact Fee Update Ordinance No. d Page I of 2 SECTION 3. Section 13.32.030(A) of the Georgetown Code of Ordinances is hereby amended by replacing the impact fee service area map referred to as Exhibit A with the updated impact fee service area map attached to this ordinance as Exhibit A. SECTION 4. Section 13.32.040(A) of the Georgetown Code of Ordinances is hereby amended to read: The Impact Fee Capital Improvements Plan for Water and Wastewater Facilities dated November 1998, on record in the office of the City Secretary, is adopted and incorporated in this chapter by reference. SECTION 5. Section 13.32.100, "Credits", of the Georgetown Code of Ordinances is hereby amended to read: In the event that the City requires as a condition of development approval, or otherwise enters into an agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost of a water or wastewater capital improvement or facility expansion, the City may provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development. In the event that the amount of such credits would be insufficient to reimburse the developer for the cost of required improvements, the City may provide for reimbursement to the developer up to the balance of the cost of said required improvements from water or wastewater impact fees collected from other new development within the same service area. In determining the amount of such credits, the developer shall submit evidence of the actual, fair -market cost of the required improvements. Such credits shall only be applicable against the impact fees for the type of facility (water or wastewater) for which the capital improvement is made. SECTION 6. 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 7. 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. F!. i E ... • • Reading on •. • fo, •*• PASSED AND APPROVED on • • Reading on day of >.eemhalft 1998. ATTEST: Sandra D. Lee City Secretary AS TO FORM: Marianne Landers Banks City Attorney 1998 Impact Fee Update Ordinance No. `" t Page 2 of 2 THE CITY OF GEORGETOWN 3� f By: LEO WOOD Mayor IMPACT FEE SERVICE AREA MAP 'ss BY THE CITY OF GEORGETOWN Systems Engineering 9/16/98 � �• � 73 EXHIBIT A 0 7500 15000