HomeMy Public PortalAboutOrdinance No. 621-90 06-20-1990 CITY OF RICHLAND HILLS, TEXAS
ORDINANCE N0. 621
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AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND
IN THE INCORPORATED LIMITS OF RICHLAND HILLS, TEXAS; IMPOSING AN IMPACT FEE ON
LAND DEVELOPMENT IN RICHLAND HILLS FOR PROVIDING WATER AND SEWER FACILITIES
NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF
THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS
OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF
PAYMENT OF A WATER AND SEWER FACILITIES IMPACT FEE; PROVIDING FOR REVIEW OF
WATER AND SEWER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR
THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND SEWER FACILITIES IMPACT
FEES INTO WATER AND SEWER FACILITIES IMPACT FEE ACCOUNTS ESTABLISHED FOR
THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED
FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND SEWER FACILITIES
IMPACT FEES; PROVIDING THAT WATER AND SEWER FACILITIES IMPACT FEES MAY BE
PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS;
PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS:
•
Section 1 - Legislative Findings
The City Council of the City of Richland Hills finds, determines and declares
that:
A. Richland Hills must expand its water and sewer facilities in order to
maintain current standards of public health if new development is to
be accomodated without decreasing current standards of public health;
B. The Leglislature of the State of Texas through the enactment of S.B.
336, as amended and codified in Chapter 395 of the Local Government
Code, hereinafter refered to as Chapter 395, has enabled Richland Hills
to enact impact fees;
C. The imposition of impact fees is one of the preferred methods of
ensuring that development bears a proportionate share of the cost of
water and sewer facilities necessary to accomodate such development.
This must be done in order to promote and protect the public health,
safety and welfare;
D. Connecting to the city water and/or sewer system will create a need
for the construction, equipping, or expansion of water and sewer
• facilities including those anticipated by the City of Fort Worth and
paid for by means of access fees imposed on Richland Hills by the same;
E. The fees established by Section 7 are derived from, are based upon
and do not exceed the costs of providing additional water and sewer
facilities necessitated by the connection to the city's water and
sewer systems as determined by the proceedure outline in Chapter 395;
F. The reports entitled "Impact Fee Study - Capital Improvements Program
• and Impact Fees", dated May 1990 as prepared for the City of Richland
Hills, and the reports entitled "Capital Improvements Plan for Water
Impact Fees" and "Capital Improvements Plan for Wastewater Impact Fees",
both dated February 1990 as prepared by the City of Fort Worth Water
Department, set forth reasonable methodologies and analyses for the
determination of the impact of new development on the need for and costs
for additional water and sewer facilities in the cities of Richland
Hills and Fort Worth, are in accordance with the provisions of
Chapter 395, and or hereby approved and adopted.
Section 2 - Short Title, Authority and Applicability
A. This ordinance shall be known and may be cited as the "City of
Richland Hills Impact Fee Ordinance."
B. The City Council of the City of Richland Hills has the authority to adopt
this ordinance pursuant to Chapter 395 and pursuant to the City of
Richland Hills Charter. The provisions of this ordinance shall not be
construed to limit the power of Richland Hills to utilize other methods
authorized under state or federal law or pursuant to other city powers
to accomplish the purposes set forth herein, either in substitution for
or in conjunction with this ordinance.
• C. This ordinance shall apply to all new development within the incorp-
orated areas of the City of Richland Hills served by the municipal water
and/or sewer systems and which lie within the designated benefit
area. The provisions of this ordinance shall apply uniformly within
the benefit area.
Section 3 - Intents and Purposes
A. This ordinance is intended to assist in the implementation of the
City of Richland Hills Capital Improvements Plan as adopted as a portion
of the Impact Fee Study prepared in accordance with Chapter 395.
B. The purpose of this ordinance is to regulate the use and development
of land so as to assure that new development bears a proportionate
share of the cost of capital expenditures necessary to provide water
and sewer facilities in Richland Hills.
Section 4 - Rules of Construction
A. The provisions of this ordinance shall be liberally construed so as to
effectively carry out its purpose in the interest of the public
health, safety and welfare.
• B. For the purposes of administration and enforcement of this ordinance,
unless otherwise stated in this ordinance, the following rules of
construction shall apply to the text of this ordinance:
(1) In case of any difference of meaning or implication between the
text of this ordinance and any caption, illustration, summary
table, or illustrative table, the text shall control.
• (2) The word "shall" is always mandatory and not discretionary; the
word "may" is permissive.
(3) Words used in the present tense shall include the future; and
words used in the singular number shall include the plural, and
the plural the singular, unless the context clearly indicates
the contrary.
(4) The phrase "used for" includes "arranged for", "designed for",
"maintained for", or "occupied for".
(5) The word "person" includes an individual, a corporation, a part-
nership, an incorporated association, or any other similar
entity.
(6) Unless the context clearly indicates the contrary, where a reg-
ulation involves two (2) or more items, conditions, provisions,
or events connected by the conjunction "and", "or" or "either
...or", the conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms, conditions,
provisions or events shall apply.
(b) "Or" indicates that the connected items, conditions, pro-
visions or events may apply singly or in any combination.
• (c) "Either...or" indicates that the connected items, condi-
tions, provisions or events shall apply singly but not in
combination.
(7) The word "includes" shall not limit a term to the specific ex-
ample but is intended to extend its meaning to all other instan-
ces or circumstances of like kind or character.
(8) "City Manager" means the City Manager of the City of Richland
Hills or the city official that he/she may designate to carry
out the administration of this ordinance.
Section 5 - Definitions
A. Access Fee - means the fee imposed upon the City of Richland Hills by
the City of Fort Worth for providing water and/or wastewater service
to new development contained within the incorporated city limits and
to which service is provided either directly or indirectly by the City
of Fort Worth water and/or wastewater system(s).
B. Advisory Committee - means the City of Richland Hills Capital Improve-
ments Advisory Committee as appointed by the City Council.
• C. Assessment - means the determination of the amount of the maximum
impact fee per service unit which can be imposed on new development
pursuant to this ordinance.
D. Benefit Area - means the area within the incorporated limits of the
City as established by Section 18 of this ordinance, within which
impact fees for capital improvements or facility expansions will be
collected for new development occuring within such area and within
• which fees so collected will be expended for those improvements or
expansions identified in the capital improvements plan applicable to
the benefit area.
E. Capital Improvement - means a facility expansion, improvement or
equipment purchase with a life expectancy of three or more years, to
be owned and operated by or on behalf of the City.
F. Capital Improvement Plan - means the adopted plan, as may be amended
from time to time, which identifies the capital improvements and their
associated costs which are necessitated by and which are attributable
to new development, for a period not to exceed ten (10) years, and
which are to be financed in whole or in part through the imposition of
impact fees pursuant to this ordinance.
G. City - means the City of Richland Hills, Texas.
H. Credit - means the amount determined under this ordinance by which an
impact fee may be reduced as a result of the payment of access fees
imposed previously by a new development prior to the effective date of
this ordinance.
I. Facility Expansion - means either a water facility expansion or a
wastewater facility expansion.
J. Feepayer - means a person applying for connection to the city's water
• and/or sewer system and may or may not be the property owner as
defined below.
K. Final Plat Recordation - means the filing of the final plat with the
County following compliance with all conditions of approval pursuant
to the City's subdivision regulations.
L. Fort Worth - means the City of Fort Worth, Texas.
M. Impact Fee - means a fee for water and/or wastewater facilities
imposed on new development by the City pursuant to this ordinance in
order to generate revenue to fund or recoup the costs of capital imp-
rovements or facility expansion necessitated by and attributable to
such new development.
N. Impact Fee Capital Improvements Plan - means the Capital Improvements
Plan adopted or revised pursuant to this ordinance.
0. Land Use Assumptions - means the projections of population and employ-
ment growth and land use patterns within the benefit area adopted by
the City, as may be amended and updated from time to time, upon which
the capital improvements plans are based.
P. New Development - means a project involving the construction, recon-
struction, redevelopment, conversion, structural alteration, reloca-
tion, or enlargement of any structure; or any use or extension of the
• use of land; any of which has the effect of increasing the require-
ments for capital improvements or facility expansions, measured by the
number of service units to be generated by such activity, and which
requires either the approval of a plat pursuant to the City's subdiv-
ision regulations, the issuance of a building permit, or connection to
the City's water or wastewater system and which has not been exempted
from compliance with these regulations by provisions herein or by
schedules attached hereto.
Q. Plat - means the plan or map for the subdivision to be filed for
record with the County in accordance with the requirements of Chapter
212 of the Texas Local Government Code, and includes replats.
R. Platting - means the act of preparing for approval and processing the
plat for the new development.
S. Property Owner - means any person, group of persons, firm, corpora-
tion, or any other legal entity having legal title to or sufficient
proprietary interest in the property on which new development is to
occur. Property owner includes the developer for the new develop-
ment.
T. Recoupment - means the imposition of an impact fee to reimburse the
City for previous expenditures eligible under Chapter 395.
U. Service Unit - means one equivalent meter unit, which is the standard-
ized measure of consumption, use or generation of wastewater or water
services equivalent to the consumption, use or generation of such
facilities attributable to a single-family detached dwelling unit
utilizing a 3/4" water meter.
V. Utility Connection - means the physical connection of new development
to the 'City's water and/or wastewater system, no matter if such conn-
ection is made through or by intermediate lines.
W. Water and/or Wastewater Facilities - means land or easements or imp-
rovements associated with water and/or wastewater treatment facilities,
water storage and pumping facilities, water transmission and meter
stations, wastewater collection systems, wastewater lift stations and
meter stations, and other related improvements, whether or not such
facilities are owned or operated by the City or in behalf of the City.
X. Water and/or Wastewater Facility Expansion - means the expansion of
the capacity of any existing water and/or wastewater facility for the
purpose of serving new development, but does not include the repair,
maintenance, modernization, or expansion of the existing water and/or
wastewater facility to serve existing development.
Section 6 - Imposition of Impact Fees
A. Except a specifically exempted herein, any person who, after the
effective date of the Ordinance seeks to connect to the Richland Hills
water and/or sewer systems is hereby required to pay an impact fee in
the manner and amount set forth in this ordinance.
B. No final plat or replat for new development shall be approved within
the benefit area for recording without assessment of an impact fee
pursuant to this ordinance, and no building permit shall be issued nor
shall any utility connection be made until the applicant has paid the
impact fee imposed by and calculated herein.
Section 7 - Computation of Impact Fees
A. Maximum impact fees per service unit shall be calculated within each
• benefit area and shall be the amount set forth in Schedule 1, attached
hereto and made a part of this ordinance by reference.
B. The impact fee per service unit for each category of capital improve-
ments, which is to be paid by each new development within the benefit
area, shall be that established by the City Council, as may be amended
from time to time, and shall be not more than the maximum impact fee
per service unit extablished in Section 7.A above. Impact fees which
are to be paid shall be as set forth in Schedule 2, attached hereto
and made a part of the ordinance by reference.
C. Impact fee Schedules 1 and 2 may be amended from time to time utiliz-
ing the amendment proceedures set forth in Section 14 herein.
Section 8 - Assessment and Collection of Impact Fees
A. Assessment of the impact fee for any new development shall be made as
follows:
(1) For a development which is submitted for approval pursuant to
the City's subdivision regulations following the effective date
of this ordinance, assessment shall occur at the time of final
plat recordation, and shall be the amount of the maximum impact
• fee per service unit then in effect, as set forth in Schedule 1.
The City, in its sole discretion, may provide the subdivider with
a copy of Schedule 1 prior to final plat approval, but such
shall not constitute assessment within the meaning of this ord-
inance.
(2) For a development which has received final plat approval prior
to the effective date of this ordinance, for which no replatting
is necessary prior to issuance of a building permit, and which
plat has been recorded with the County, or for lots which pre-
date the City's subdivision regulations and which are exempt
from platting requirements, assessment shall occur on the effec-
tive date of this ordinance, and shall be the amount of the max-
imum impact fee per service unit set forth in Schedule 1.
B. Following assessment of the impact fee for a new development pursuant
to Section 8.A above, the amount of the impact fee per service unit
for that development cannot be increased, unless the owner proposes to
change the approved development by the submission of anew application
for final plat approval, in which case the impact fee will be reasses-
sed at the Schedule 1 rate then in effect.
C. The impact fees due for the new development shall be collected prior
to or at the time of issuance of the building permit or prior to or at
the time of connection to the City's water and/or wastewater systems,
whichever occurs first, unless an agreement has been executed between
• the property owner and the City providing for a different time of pay-
ment.
D. Following the filing and acceptance of an application for a building
permit or the request for a connection to the City's water and/or
wastewater systems, the City shall compute the impact fees due for the
new development in the following manner:
• (1) The amount of each impact fee due shall be determined by mult-
iplying the number of service units generated by the new develop-
ment by the impact fee due per service unit for the benefit area
using Schedule 2. The number of service units shall be deter-
mined by using the conversion table contained in the Impact Fee
Studies.
(2) The amount of each impact fee due shall be reduced by any allow-
able credits for that category of capital improvements, in the
manner provided in Section 9 of this ordinance.
(3) The amount of each impact fee due for a new development shall
not exceed an amount computed by multiplying the maximum impact
fee per service unit under Schedule 1 by the number of service
units generated by the development.
(4) If the building permit for which an impact fee has been paid has
expired, and anew application is thereafter filed, the impact
fees due shall be computed using Schedule 2 then in effect, and
previous payments of impact fees shall be credited against the
new fees due.
(5) Whenever the property owner proposes to increase the number of
service units for a development, the additional impact fees col-
lected for such new service units shall be determined by using
Schedule 2 then in effect, and such additional fee shall be
• collected either prior to or at the time of issuance of a new
building permit, or prior to or at the time of the connection to
the City's water and/or wastewater systems, or enlargement of
such connection.
Section 9 - Exemptions, Credits and Rebates
A. For any new development which has received final plat approval in
accordance with Texas Local Government Code Chapter 212, or pursuant
to the City's subdivision regulations (or for which an application for
final approval has been made prior to the effective date of this
ordinance) the City may assess, but shall not collect water impact fees
as herein defined, on any service unit for which a valid building
permit is issued within one year subsequent to the effective date of
this ordinance.
B. If the building permit, which is obtained within the period provided
for in Section 9.A above subsequently expires, and no new application
for a building permit is approved within such one year period, payment
of an impact fee shall be required prior to issuance of a new building
permit, as provided for in Section 7 above.
C. A property owner who has paid a wastewater system facility access fee
as required by Fort Worth may reduce the amount of a wastewater impact
• fee due for a new development for a given service unit, by the amount
of the access fee paid, following written request and approval by the
City, provided that no construction has occurred on the lot or tract
and that no utility connection has been made.
D. If the building permit for a new development for which an impact fee
has been paid has expired, no utility connections for that category
of capital improvements have been made to the development, and a
• modified or new application has not been approved within six months
of such expiration, the City shall, upon written application, rebate
the amount of the impact fee to the record owner of the property for
which the impact fee was paid. If no application for rebate pursuant
to this subsection has been filed within this period, no rebate shall
become due.
E. The following shall also be exempted from payment of the impact fee:
(1) Alterations or expansion of an existing building where no add-
itional or larger water and/or sewer connections are requested.
(2) The replacement of a building or stucture with a new building
or structure of the same size and use where no additional or
larger water and/or sewer connections are requested.
(3) The installation of a replacement mobile home on a lot or other
such site when a water and/or sewer impact fee for such mobile
home site has previously been paid pursuant to this ordinance
or where a mobile home legally existed on such site on or prior
to the effective date of this ordinance.
(4) Any building permit application which was duly accepted for
filing prior to the effective date of this ordinance and which
is subsequently granted, shall be exempt from the assessment
and payment of an impact fee, unless such application there-
. after expires.
F. Any claim of exemption must be made by the owner or feepayer no later
than the time of application for connection to the City's water and/or
sewer system. Any claim not so made shall be deemed waived.
G. Credits and exemptions shall not be transferable from one project or
development to another or from one component of the water and sewer
impact fee to another component of this fee.
Section 10 - Establishment of Accounts
A. The City shall establish an account to which interest is allocated
for each benefit area for each type of capital facility for which an
impact fee is imposed pursuant to this ordinance. Each impact fee
collected within the benefit area shall be deposited in such account.
B. Interest earned on the account into which the impact fees are depos-
ited shall be considered funds of the account and shall be used solely
for the purpose authorized in Section 11 herein.
C. The City shall establish adequate financial and accounting controls
to assure that impact fees disbursed from the account are utilized
solely for the purposes authorized in Section 11 herein. Disburse-
. ment of funds shall be authorized by the City at such times as are
reasonably necessary to carry out the purposes and intent of this ord-
inance; provided, however, that funds shall be expended within a
reasonable period of time, but not to exceed ten (10) years from the
date that an impact fee has been paid.
D. The City shall maintain and keep financial records for impact fees,
which shall show the source and disbursement of all fees collected in
or expended from each benefit area. The records of such accounts
• shall be open for public inspection and copying during ordinary bus-
iness hours.
Section 11 - Use of Proceeds of Impact Fee Accounts
A. The impact fees collected for the benefit area pursuant to this ord-
inance may be used to finance or to recoup the costs of any capital
improvements or facility expansion identified in the applicable
capital improvements plan for the benefit area, including but not
limited to the construction contract price, surveying and engineering
fees, land acquisition costs (including land purchases, court awards
and costs, attorney fees, and expert witness fees).
B. Funds from the water impact fee account established in Section 10
above may only be used for water facilities purposes and funds from
the sewer impact fee account similarly established may only be used
for sewer facilities purposes. Funds shall be expended in the order
in which they are collected.
C. In the event that bonds or similar debt instruments are issued for
advanced provision of capital facilities for which water and sewer
facilities impact fees may be expended, impact fees may be used to pay
debt service on such bonds or similar debt instruments to the extent
• that the facilities provided are of the type described in this section.
D. At least once each fiscal year the City Manager shall present to the
City Council a proposed capital improvement program for water and
sewer facilities, assigning funds, including any accrued interest,
from the several water and sewer impact fee accounts to specific water
and sewer facilities improvement projects and related expenses.
Monies, including any accrued interest, not assigned in any fiscal
period shall be retained in the same water and sewer impact fee
accounts until the next fiscal period except as provided by the refund
provisions of this ordinance. Monies may be transferred to the
General Fund of the City to reimburse same for the cost associated
with the engineering associated with the establishment of the impact fee
ordinance and the preparation of the required impact fee studies to
support this ordinance.
E. Funds may be used to provide refunds as described in Section 13.
F. Funds may be used to rebate developer costs for providing water and/or
sewer capital facilities in excess of the capacity required to the
individual developer making the provision. Any rebates must be
pursuant to a refunding agreement between the developer and Richland
Hills after the effective date of this ordinance. Prior refunding
agreements may be re-negotiated in order to bring such agreements into
accord with the provisions of this ordinance.
• G. Funds may be used for any other pruposes permitted by law as deemed
appropriate by the City Council.
H. Impact fees collected pursuant to this ordinance shall not be used to
pay for any of the following expenses:
(1) Construction, acquisition or expansion of capital improvements
other than those identified in the applicable capital improve-
ments plan.
• (2) Repair, operation, or maintenance of any capital improvements
or facility expansion.
(3) Upgrade, expansion or replacement of existing capital improve-
ments to serve existing development in order to meet stricter
safety, efficiency, environmental or regulatory standards.
(4) Upgrade, expansion or replacement of existing capital improve-
ments to provide better service to existing development;
provided, however, that impact fees may be used to pay the costs
of upgrading, expanding or replacing existing capital improve-
ments in order to meet the need for new capital improvements
generated by new development.
(5) Administrative and operating costs of the City.
Section 12 - Appeals
A. The property owner or feepayer for new development may appeal the
following decisions to the City Council: (1) the applicability of an
impact fee to the development; (2) the amount of the impact fee due;
(3) the denial of or determination of the amount of a credit; (4) the
• application of a credit against an impact fee due; and (5) the amount
of a refund due, if any.
B. The burden of proof shall be on the appellant to demonstrate that the
amount of the fee or the amount of the credit was not calculated
according to the applicable schedule of impact fees or the guidelines
established for determining credits.
C. The appellant must file a written notice of appeal with the City
within thirty (30) days following the decision. The development app-
lication may be processed while the appeal is pending, if the notice
of appeal is accompanied by a bond or other sufficient security satis-
factory to the City Manager in an amount equal to the original deter-
mination of the impact fee due.
Section 13 - Refunds
A. Upon application, any impact fee or portion thereof collected pursuant
to this ordinance, which has not been expended or otherwise encumbered
within the benefit area within ten (10) years from the date of payment,
shall be refunded, upon application, to the record owner of the prop-
erty for which the impact fee was paid or, if the impact fee was paid
by another governmental entity, to such governmental entity, together
with interest calculated from the date of collection to the date of
refund at the statutory rate as set forth in Article 1.03, Title 79,
• Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statutes),
or its successor statute.
B. An impact fee collected pursuant to this ordinance shall also be con-
sidered expended if, within ten (10) years following the date of
payment, the total expenditures for capital improvements or facility
expansion authorized in Section 11 above within the benefit area for
• such improvements or expansions exceeds collections during such period.
C. If a refund is due pursuant to Sections 13.A and 13.B above, the City
shall divide the difference between the amount of expenditures and the
amount of the fees collected by the total number of service units
assumed within the benefit area for the period to determine the refund
due per service unit. The refund to the record owner shall be calcu-
lated by multiplying the refund due per service unit by the number of
service units for the development for which the fee was paid, and
interest due shall be calculated upon that amount.
D. Upon completion of all the capital improvements or facility expansion
identified in the capital improvements plan for the benefit area, the
City shall recalculate the maximum impact fee per service unit using
the actual costs for the improvements or expansions. If the maximum
impact fee per service unit based on actual cost is less than the
impact fee per service unit paid, the City shall refund the difference,
if such difference exceeds the impact fee paid per service unit by
more than ten percent (10%). If the difference is less than ten per-
cent (10%), no refund shall be due. The refund to the record owner
shall be calculated by multiplying such difference by the number of
service units for the development for which the fee was-paid, and
interest due shall be calculated upon that amount.
Section 14 - Review and Update of Plan and Revision of Fees
• A. The advisory committee shall monitor and evaluate the implementation
of the Capital Improvements Plan and file semiannual reports with.
respect to the progress of the same and report to the City any per-
ceived inequities in implementing the plan or imposing the impact fee,
and shall advise the City Council of the need to update or revise the
land use assumptions, capital improvements plan and impact fee.
B. The City shall update its land use assumptions and capital improvements
plans at least every three (3) years, commencing from the date of
adoption of such plans, and may recalculate the impact fees based
thereon in accordance with the procedures set forth in Chapter 395,
or any sucessor statute.
C. The City may review its land use assumptions, capital improvements
plans, impact fees and other factors such as market conditions more
frequently than provided in Section 14.B above to determine whether
the land use assumptions and capital improvements plans should be
updated and the impact fee recalculated accordingly, or whether
Schedules 1 or 2 should be revised.
D. If, at the time an update is required pursuant to Section 14.B above,
the City Council determines that no change to the land use assumptions,
capital improvements plans or impact fee is needed, it may dispense
with such update in conformance with the proceedures in Chapter 395.
Section 15 - Other Financing Mechanisms
• A. The City may finance capital improvements or facility expansion des-
ignated in the capital improvements plan through the issuance of
bonds, through the formation of public utility 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,
in addition to the use of impact fees.
B. Except as herein otherwise provided, the assessment and collection of
an impact fee shall be additional and supplemental to, and not in sub-
stitution of, any other tax, fee, charge or assessment which is law-
fully imposed on and due against the property.
Section 16 - Impact Fee as Additional and Supplemental Regulation
A. Impact fees established by this ordinance are additional and supple-
mental to, and not in substitution of, any other requirements imposed
by the City on the development of land, the issuance of building
permits, or the connection of utilities. Such fee is intended to be
consistent with and to further the policies of the City's comprehen-
sive land use plan, the capital improvements plan, the zoning ordin-
ance, 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.
Section 17 - 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 City Council to determine
whether any duty required by this ordinance, other than those matters
which may be appealed pursuant to Section 12, has not been performed
within the time frame so prescribed. The petition shall be in writing
and shall state the nature of the unperformed duty and request that
the duty be performed within sixty days of the request. If the City
Council determines that the duty is required persuant to the ordinance
and is late in being performed, it shall cause the duty to commence
within sixty (60) days of the date of the request and to continue
until completion.
B. The City Council may grant a variance from any requirement of this
ordinance, upon written request by a property owner subject to the
ordinance, following a public hearing, and only upon finding that a
strict application of such requirement would, when regarded as a
whole, result in the confiscation of the property.
C. If the City Council grants a variance that reduces the amount of the
impact fee due for a new development under this ordinance, it shall
• cause to be appropriated from other City funds the amount of the red-
uction in the impact fee and deposit such funds in the account for
the benefit area in which the property is located.
Section 18 - Benefit Areas
. A. There is hereby established one (1) benefit area, constituting the
entire incorporated limits of the City as a whole. This benefit area
is depicted on Exhibit A attached hereto and incorporated herein by
reference.
B. The boundaries of this benefit area may be amended from time to
time, or new benefit areas may be delineated pursuant to Section 14
above.
Section 19 - Reference and Incorporation of Reports and Plans
The following are adopted and incorporated by reference herein and attached
as the designated exhibit:
A. "City of Richland Hills Impact Fee Study - Land Use Assumptions",
April 1990, Exhibit B.
B. "City of Richland Hills Impact Fee Study - Capital Improvements
Program and Impact Fees", May 1990, Exhibit C.
C. "Land Use Assumptions - Wastewater", February 1990, City of Fort
Worth, Exhibit D.
D. "Land Use Assumptions - Water", February 1990, City of Fort Worth,
Exhibit E.
E. "Capital Improvements Plan for Wastewater Impact Fees", February 1990,
City of Fort Worth, Exhibit F.
F. "Capital Improvements Plan for Water Impact Fees", February 1990, City
of Fort Worth, Exhibit G.
Section 20 - New and Enlarged Connections by Existing Development
A. If any existing development within the benefit area presently utilizes
a water well, a septic tank, or an individual waste disposal system
and the property owner requests to be connected to the City's water
and/or wastewater system, the owner shall pay the fee prescribed by
Section 7 above prior to connection to such system.
B. If the property owner of any existing development within the benefit
area requests enlargement of a water meter presently serving the
development, and no new development is to occur on the property, the
owner shall pay the fee prescribed by Section 7 for the enlarged meter
less a credit for the fee associated with the size of the existing
meter, prior to the installation of the enlarged meter.
• Section 21 - Prior Code and Ordinance Provisions
A. With respect to the providing of wastewater services within the City,
this ordinance replaces and supercedes those provisions for payment
of Fort Worth wastewater system facility access fees. After the
effective date of this ordinance, all retail wastewater system
facility impact fees shall be imposed on or collected from a new
development subject to this ordinance.
• B. This ordinance shall be cumulative of all provisions of ordinances and
of the Code of the City of Richland Hills, Texas, except where the pro-
visions of this ordinance are in direct conflict with the provisions
of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
Section 22 - Penalty Provision
PENALTIES - Any person, firm or corporation who violates, disobeys,
omits, neglects, or refuses to comply with any of the provisions of this
ordinance, shall be fined not more than $2,000.00 for each offense. Each
day that a violation exists shall constitute a separate offense. Knowingly
furnishing false information to the City Manager, his/her designee, the
Building Official or any municipal officer who is charged with the adminis-
tration of this ordinance shall constitute a violation hereof. The penalty
should not be construed as exclusive, and the City hereby provides that
any other remedy available to it, in law or in equity, is not intended to
be, and is not, foreclosed by the provision of such penalty.
INJUNCTION - The City shall have and retain the right for injunctive
relief against any person, firm or corporation who is in the process of or
about to violate any section, paragraph, or part of this ordinance. Such
right for injunctive relief shall exist independent of the other penalty
• provisions of this ordinance and not in lieu thereof. The right of
injunctive relief is essential to the City in order that it may maintain an
orderly and properly planned control over water and sanitary sewer
facilities thus protecting the health, morals, safety and well being of the
citizens and halting any attempt by any person, firm, or corporation to
inflict temporary or permanent injury on the gerneral public by a failure
to comply with the terms of this ordinance.
Section 23 - Severability
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid, unenforceable or unconstitutional
by the valid judgement or decree of any court of competent jurisdiction, such
invalidity, unenforceability or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
the incorporation in the ordinance of any such invalid, unenforceable or
unconstitutional phrase, clause, sentence, paragraph or section.
Section 24 - Effective Date
This ordinance shall be in full farce and effect from and after its passage
• and publication as required by law.
• PASSED AND DULY ADOPTED THIS 20th DAY OF JUNE 1990.
APPR4V~D:
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Ames R. Truitt, Mayor
ATTEST:
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Pauline Kempe, City cretary
APPROVED AS TO FORM AND LEGALITY:
• l r
Paul Wienes e, City Attorney
DATE: June 20 , 1990
SCHEDULE 1
•
MAXIMUM ASSESSABLE
IMPACT FEES
•
•
CITY OF RICHIAND NILLS, TEXAS
YASTEYATER IMPACT FEE SCHEDULE
MAXIMUM CHARGE PER 3/4" EQUIVALENT METER - YASTEVATER
RICHLAMO HILLS BENEFIT AREA 525.17
FORT YORTH ACCESS FEE 51,285.00
FORT YORTH FORT YOR'TH MAXIMUM ASSESSABLE
METER SIZE/TYPE EQUIVALENCY FACTOR RICHLAND HILLS RICHLAND HILLS RICHIAND HILLS
ACCESS FEE EQUIVALENCY FACTOR IMPACT FEE IMPACT FEE
3/4" 1.00 51,285.00
1-1/2" 4'~ S2,Z48.15 1.75 544.05 51,310.17
55,140.00 52,292.80
2" 7.00 58,995.00 4.00 5100.68 55,240.68
3" 16.00 520,560:00 7'00 5176.19 59,171.19
4" 28.00 535.980.00 16.00 5402.72 520,962.72
6" 64.00 28.00 5704.16 536.684.76
582,240.00
8" 100.00 5128,500.00 x'00 51,610.88 583,850.88
10" 150.00 5192,750.00 100.00 ;2,517.00 5131,011.00
150.00 53,775.50 5196,525.50
• ~
CITY OF RICHLAND HILLS, TEXAS
PATER IMPACT FEE SCHEDULE
MAXIMUM CHARGE PER 3/4" EQUIVALENT METER - PATER
RICHLAND;HILLS BENEFIT AREA ~ ;25.11
FORT VORTH ACCESS FEE _ 5839.00
FORT YORTH MAXIMUM ASSESSABLE
FORT VORTH RICHLANO HILLS RICHLAND HILLS RICHLANO HILLS
METER SIZE/TYPE EQUIVALENCY FACTOR ACCESS FEE EQUIVALENCY FACTOR IMPACT FEE
IMPACT FEE
3/4" 1.00 5839.00 1.00
1" 1.75 51,468.25 1 15 525.17 =864.17
i-1/2" 4.00 j3,356.00 4.00 544.05 51,512.30
2„ 7.00 25,873.00 5100.68 53,456.68
3" 16.00 =13,424.00 16.00 5176.19 56,049.19
4" 28.00 523,492.00 5402.12 513,826.72
6" 64.00 553,696.00 64.00 5704.76 524,196.76
8„ 100.00 =83,900.00 51,610.88 555,306.88
10" 100.00 52,517.00
150.00 ;125,850.00 150.00 23,775.50 586,417.00
5129,825.50
' • • •
SCHEDULE 2
•
IMPACT FEE
COLLECTION RATES
•
•
SCHEDULE 2
. THE FOLLOWING IMPACT FEE CHARGES SHALL BE COLLECTED AS SCHEDULED:
A. For the period from the time of adoption of the Impact Fee Ordinance
until September 30, 1990 the following WASTEWATER IMPACT FEE charges
shall be in effect:
Fort Worth Richland Hills
Meter Size / Type Access Fee Impact Fee
~~3/4" 128.80 25.17
1 225.40 44.05
1-1/2° 515.20 100.68
2~~ 901.60 176.19
3° 2,060.80 402.72
4° 3,606.40 704.76
6° 8,243.20 1610.88
8~~ 12,880.00 2511.00
10" 19,320.00 3775.50
Total impact fee charges shall be the sum of the Fort Worth Access fee and
the Impact Fee for the benefit area. These charges are for WASTEWATER IMPACT
. FEES ONLY, with no scheduled collections for water impact fees during this
period.
B. For the period from October 1, 1990 to December 31, 1990 the following
WASTEWATER IMPACT FEE charges shall be in effect:
Fort Worth Richland Hills
Meter Size / Type Access Fee Impact Fee
„3/4° 161.00 25.17
1 281.75 44.05
1N1/2" 644.00 100.68
2 1,127.00 176.19
3" 2,576.00 402.72
4" 4,508.00 704.76
6" 10,304.00 1610.88
8" 16,100.00 2517.00
10" 24,150.00 3775.50
Total impact fee charges shall be the sum of the Fort Worth Access fee and
the Impact Fee for the benefit area. These charges are for WASTEWATER IMPACT
FEES ONLY, with no scheduled collections for water impact fees during this
• period.
. C. After December 31, 1990 the following WASTEWATER IMPACT FEE charges
shall be in effect:
Fort Worth Richland Hills
Meter Size / Type Access Fee Impact Fee
~~3/4" 502.00 25.17
1 878.50 44.05
1-1/2" 2,008.00 100.68
2" 3,514.00 176.19
3" 8,032.00 402.72
4" 14,056.00 704.76
6" 32,128.00 1610.88
8" 50,200.00 2517.00
10" 75,300.00 3775.50
Total impact fee charges shall be the sum of the Fort Worth Access fee and
the Impact Fee for the benefit area for water and/or wastewater systems.
D. After DECEMBER 31,1990 the following WATER IMPACT FEE charges
shall be in effect:
• Fort Worth Richland Hills
Meter Size / Type Access Fee Impact Fee
3/4" 839.00 25.17
1" 1,468.25 44.05
1-1/2" 3,356.00 100.68
2" 5,873.00 176.19
3" 13,424.00 402.12
4" 23,492.00 704.76
6" 53,696.00 1610.88
8" 83,900.00 2517.00
10" 125,850.00 3775.50
Total impact fee charges shall be the sum of the Fort Worth Access fee and
the Impact Fee for the benefit area for water and/or wastewater systems.
•
•
Benefit Area Limits
City of ~ =s...-~
. RICHI.AND HILLS ; E ~ ~ . ~`~f,
'T'EXAS . ' . ~ ,
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~ . ~ 121 -Q
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MAP OF BENEFIT AREA
EXHIBIT A
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