HomeMy WebLinkAboutORD 84-07 - Capital Recovery Fee-1 t 7/ �Bii , f 07.0?_
AN AMENDMENT TO THE CAPITAL RECOVERY FEES ORDINANCE
PASSED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN
ON JANUARY 10, 1984, BY ADDING 'THERETO PROVISIONS
ESTABLISHING CAPITAL RECOVERY FEE CREDITS AND
OVERSIZING REIMBURSEMENTS, SETTING STANDARDS,
REQUIREMENTS AND SPECIFICATIONS AND CONTAINING
SEVERABILITY AND EMERGENCY CLAUSES
WHEREAS, The City Council of the City of Georgetown has
passed an Ordinance providing for Capital Recovery Fees (C. R.
F.) for water and waste water service and,
WHEREAS, the City Council intends to allow a Capital
Recovery Fee credit under certain -circumstances,
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN as follows:
Capital Recovery Fees credits are hereby authorized under
the terms, conditions and requirements hereinafter appearing:
1. No Capital Recovery Fees credit shall qualify unless the
Applicant has either an approved plat or Site Plan. Such Plat or
Plan and the construction of utility improvements for which a
credit is sought must be covered by Georgetown's Comprehensive
Plan including, but not limited to, its Master Utility Plan and
its Development Plan.
2. To qualify for a Capital Recovery Fees credit the
Applicant shall first, prior to any construction, file a written
application and containing such information as the City Council
shall direct. Such application shall be considered by the City
Council for approval or disapproval. No credits shall be allowed
after five (5) years from date of the application. The
responsibility for requesting such credit shall 'be solely that of
Applicant and not of City.
3. Credits will be computed based on the oversizing of the
line or facility to accomodate future growth over and above what
the Applicant would be required to provide to meet his
development needs, with 8" being the minimum size line acceptable
by City.
4. No Capital Recovery Fees credit shall be allowed except
relative to the particular utility that has been installed by
Applicant. If the construction qualifying as application for
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credit was on a water line then credit shall be limited to
Capital Recovery Fees for water distribution line service. If
the qualifying construction was on a sewer line then the only
credit that can be allowed because of such construction shall be
on Capital Recovery Fees for sewer collection line service.
5. If such application qualifies and is approved then the
Applicant will be allowed a credit in the amount in question
toward future utility permit fees owing by Applicant.
6. All the conditions set out in paragraphs 1, 26 3, 4 and
5 of this Ordinance shall be fully applicable to said
reimbursement.
BE IT FURTHER ORDAINED BY THE -CITY COUNCIL OF THE CITY OF
GEORGETOWN that reimbursement from payments by third parties is
authorized under the terms, conditions and requirements
hereinafter appearing:
7. If the amount to be reimbursed exceeds the allowable
credits, thereafter, as third -parties connect to such line or
improvement, and pay their Capital Recovery Fees the portion paid
for the utility service that corresponds to the existing
reimbursement privilege will be paid to Applicant to the extent
of but not to exceed the amount Applicant has paid for such
oversizing. There may be more than one reimbursement required in
order to pay the full amount of the said oversize reimbursement
privilege. Unless Applicant becomes entitled to such credit or
reimbursement and has requested same in writing within five (5)
years of date of original application then no such credit or
reimbursement shall be allowed.
8. At the City Manager's direction, appropriate accounts
shall have been established. Reimbursement may occur only
without commingling City funds, disrupting budgetary policy or
otherwise violating the City of Georgetown's Charter, its
Ordinances and the laws of the State of Texas.
9. Off site improvements other than lines shall be
individually negotiated with the City Council.
10. Applicants for such reimbursement shall be solely
responsible to timely claim such reimburse,nsnt in writina and the
City shall not pay the reimbursement in the absense of a timely
claim by Applicant. The responsibility for notifying the City
when such reimbursement is in order shall be solely that of
Applicant and not of City.
The rule requiring the reading of ordinances on two (2)
separate days is hereby suspended and this Ordinance shall become
effective on this the day of its passage for the reason that it
is to the best interest of the citizens of Georgetown for those
who qualify for the credits and reimbursements provided for
herein to be available as soon as practicable.
PASSED AND APPROVED:
J-3ijaay7.1 -v 1984
ATTEST:
C Ti SECRETARY
ROVED TO FORM;
B, M CAAa t ER
CITY TORNEY
�,,,L C,
baa J N C. DOELER, MAYOR