HomeMy Public PortalAboutOrdinance No. 912-01 09-25-2001 ORDINANCE NO. 912-O1
AN ORDINANCE AMENDING SECTION 86-368 OF ARTICLE
VII "IMPACT FEES" OF CHAPTER 86 "UTILITIES" OF
THE CODE OF ORDINANCES OF THE CITY OF RICHLAND
HILLS, TEXAS, AS AMENDED; REVISING SAID SECTION
TO CLARIFY THAT IMPACT FEES SHALL BE
COLLECTED ONLY UPON ISSUANCE OF A BUILDING
PERMIT FOR THE SERVICE UNIT AFFECTED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, the City of Richland Hills has enacted ordinances concerning the calculation,
assessment and collection of impact fees contained in Article VII "IMPACT FEES" of Chapter 86
"UTILITIES" of the Richland Hills Code of Ordinances; and
WHEREAS, the 77"' Texas Legislature amended Chapter 395 of the Texas Local
Government Code to require that all impact fees be collected at the time of the issuance of a building
permit for the benefitted property; and
WHEREAS, such legislative changes require the following amendments to Section 86-368
of the Richland Hills Code of Ordinances, to clarify that impact fees shall in all cases be collected
at the time of the issuance of a building permit for the benefitted property.
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That subsection (c) of Section 86-368 "ASSESSMENT AND COLLECTION OF IMPACT
FEES" of Article VII "IMPACT FEES" of Chapter 86 "UTILITIES" of the Code of Ordinances of
the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as
follows:
(c) The impact fees due for the new development shall be collected prior to or at the time
of issuance of the building permit, unless an agreement has been executed between
the property owner and the city providing for a different time of payment.
II.
That paragraph (5) of subsection (d) of section 86-368 "ASSESSMENT AND
COLLECTION OF IMPACT FEES" Article VII "IMPACT FEES"of Chapter 86 "UTILITIES" of
the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to
hereafter be and read as follows:
(b) Whenever the property owner proposes to increase the number of service units for
• a development, the additional impact fees collected for such new service units shall
be determined by using schedule II then in effect, and such additional fee shall be
ORDINANCE NO. Page 1
collected at the time building permits are issued for a development or construction
• on each benefitted property.
III.
That subsection (b) of section 86-375 "REVIEW AND UPDATE OF PLAN AND
REVISION OF FEES" of Article VII "IMPACT FEES" of Chapter 86 "UTILITIES" of the Code
of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be
and read as follows:
(b) The city shall update its land use assumptions and capital improvements plans at least
every five (5) 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 V.T.C.A., Local Government Code § 395.001 et seq.
IV.
Severability Clause. That 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 or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity 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 this ordinance of any such invalid or unconstitutional phrase,
• clause, sentence, paragraph or section.
V.
Saving Clause. That Chapter 86 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
VI.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 25~day of Sept. , 2001, by a vote of 5 ayes, ~ nays,
and Q abstentions.
~~~~~~niiuui~,~~~
\\\,,~.~``~~~~-~`,'ND /~I~~`%,,~~~/// APPROVED:
-
_o i ~ ~
rte.. ` ~ t~i~ _ C. F. Kelley, Mayor
'v
ORDINANCE NO. Page 2
ATTEST:
i Willis, City cretary
APPROVED S TO FORM AND LEGALITY:
c
Ja>~~~rb~s, City Attorney
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