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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 /P3 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