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G-99-06-24-9B2 - 6/24/1999ORDINANCE NO. - ` G i (�� "G2'7 v AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE AMOUNT OF WATER IMPACT FEES AND WASTEWATER IMPACT FEES TO BE COLLECTED; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, Sec. 395.052, Tex. Local Gov't Code, requires a municipality imposing impact fees to review and evaluate its current land use assumptions and capital improvements plan at least every three (3) years (dating from the day the initial capital improvements plan is adopted); and WHEREAS, the last time such land use assumptions and capital improvements plan were review, evaluated and updated was three (3) years ago; and WHEREAS, the City Council has reviewed, evaluated, and now wishes to adopt updated land use assumptions and a capital improvements plan in order to comply with said Texas Local Government Code requirements for same; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That Chapter 10, Section 10.204(3), Code of Ordinances (1995 Edition), City of Round Rock is hereby amended to read as follows: K:\WPDOCS\ORDINANC\090610B1.2WP/sls 3 (3) 3 Amount and Assessment of Water Impact Fee (a) The city shall assess and collect on all new development and/or new connections to be served by the city's water system a Water Impact Fee of $1,345.00 for each LUE. (b) Beginning on August 1, 1999, the city shall assess and collect on all new development and/or new connections to be served by the city's water system a Water Impact Fee of $1,679.00 for each LUE. (c) Beginning on January 1, 2000, the city shall assess and collect on all new development and/or new connections to be served by the city's water system a Water Impact Fee of $2,012.00 for each LUE. (d) Beginning on August 1, 2000, the city shall assess and collect on all new development and/or new connections to be served by the city's water system a Water Impact Fee of $2,345.00 for each LUE. (4) Amount and Assessment of Wastewater Impact Fee (a) The city shall assess and collect on all new development and/or new connections to be served by the city's wastewater collection and treatment system a Wastewater Impact Fee of $1,250.00 for each LUE. (b) Beginning on August 1, 1999, the city shall assess and collect on all new development and/or new connections to be served by the city's wastewater collection and treatment system a Wastewater Impact Fee of $1,334.00 for each LUE. (c) Beginning on January 1, 2000, the city shall assess and collect on all new development and/or new connections to be served by the city's wastewater collection and treatment system a Wastewater Impact Fee of $1,417.00 for each LUE. (d) Beginning on August 1, 2000, the city shall assess and collect on all new development and/or new connections to be served by the city's wastewater collection and treatment system a Wastewater Impact Fee of $1,500.00 for each LUE. II. That Chapter 10, Section 10.204(7), Code of Ordinances (1995 Edition), City of Round Rock is hereby amended by deleting the following: 2 (7) Waiver of Impact Fees Editor's Note - All water and wastewater impact fees for commercial and industrial development within the city were waived pursuant to Ordinance No. 2476 of June 14, 1990. III. That Chapter 10, Section 10.204(8) (c), Code of Ordinances (1995 Edition) , City of Round Rock is hereby amended to read as follows: (8) Use of Funds (c) Expenditures of impact fees shall be made only to pay the cost of constructing and/or acquiring capital improvements or facility expansions, including the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees) and the fees paid to an independent qualified engineer or financial consultant to prepare or update the capital improvements plan, along with the payment of principal and interest on bonds, notes, or other obligations issued to finance capital improvements, facility expansions or other improvements identified in the capital improvements plan. IV. That Chapter 10, Section 10.204(9), Code of Ordinances (1995 Edition), City of Round Rock is hereby amended to read as follows: (9) Updated Capital Improvement Plan and Land Use Assumptions Pursuant to Section 395.052, Texas Local Government Code, the City must adopt new Land Use Assumptions and Capital Improvement Plans at least every three (3) years from the day the initial Impact Fee Capital Improvement Plan was adopted. The Land Use Assumptions and Capital Improvement Plan dated December 7, 1998, on record in the office of the City Secretary is hereby adopted and incorporated by reference. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 3 B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1999. Alternative 2. r� READ and APPROVED on first reading this the t / L) i day of , 1999. READ, APPROVED and ADOPTED on second reading this the =.r day of , 1999. 4 ATTEST: MSWJOA111,140 E LAND, City Secretary iVA If ROB..a A. STLUKA, JR., Mayor City of Round Rock, Texas 5 DATE: June 21, 1999 SUBJECT: City Council Meeting — June 24, 1999 ITEM: 9.B.2. Consider an ordinance concerning proposed adoption of Land Use Assumptions, a Capital Improvements Plan and Water and Wastewater Impact Fees. (Second Reading) A public hearing was held by the Capital Improvements Advisory Committee on May 5, 1999 and a public hearing was held by the City Council on May 27, 1999. The land use study prepared by S.D. Kallman, Inc. Engineers and Environmental Consultants for the City of Round Rock supports the proposed $3,845.00 impact fee. Staff recommends the fees be implemented in thirds. The first reading of the ordinance was approved on June 10, 1999. Staff Resource Person: Jim Nuse, Public Works Director.