The following words, terms and phrases when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means the fee imposed upon the city by the City of Fort Worth
for providing water and/or wastewater service to a 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.
means the city capital improvements advisory committee as
appointed by the city council.
means the determination of the amount of the maximum impact
fee per service unit which can be imposed on a new development pursuant
to this article.
means the area within the incorporated limits of the city as established by section 86-378, within which impact fees for capital improvements or facility expansions will be collected for a new development occurring 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.
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.
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 a new development,
for a period not to exceed ten years, and which are to be financed
in whole or in part through the imposition of impact fees pursuant
to this article.
means the amount determined under this section 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 the ordinance from which this article is derived.
means either a water facility expansion or a wastewater facility
expansion.
means a person applying for connection to the city's water
and/or sewer system and may or may not be the property owner.
means the filing of the final plat with the county following
compliance with all conditions of approval pursuant to the city's
subdivision regulations.
means the City of Fort Worth, Texas.
means a fee for water and/or wastewater facilities imposed
on a new development by the city pursuant to this article in order
to generate revenue to fund or recoup the costs of capital improvements
or facility expansion necessitated by and attributable to such new
development.
means the capital improvements plan adopted or revised pursuant
to this article.
means the projections of population and employment 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.
means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of increasing the requirements 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 subdivision 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 in this article or by schedules set out in section 86-383.
means the plan or map for the subdivision to be filed for
record with the county in accordance with the requirements of V.T.C.A.,
Local Government Code § 212.001 et seq., and includes replats.
means the act of preparing for approval and processing the
plat for the new development.
means any person, group of persons, firm, corporation or
any other legal entity having legal title to or sufficient proprietary
interest in the property on which a new development is to occur. Property
owner includes the developer for the new development.
means the imposition of an impact fee to reimburse the city
for previous expenditures eligible under V.T.C.A., Local Government
Code § 395.001 et seq.
means one equivalent meter unit, which is the standardized
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
three-fourths inch water meter.
means the physical connection of a new development to the
city's water and/or wastewater system, no matter if such connection
is made through or by intermediate lines.
means land or easements or improvements 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.
means the expansion of the capacity of any existing water
and/or wastewater facility for the purpose of serving a new development,
but does not include the repair, maintenance, modernization or expansion
of the existing water and/or wastewater facility to serve the existing
development.
[Code 1984, ch. 11, § 14(E)]
(a)
The
provisions of this article 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 article, unless
otherwise stated in this article, the following rules of construction
shall apply to the text of this section:
(1)
In case of any difference of meaning or implication between the text
of this article 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 partnership,
an incorporated association or any other similar entity.
(6)
Unless the context clearly indicates the contrary, where a regulation
involves two 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, provisions or
events may apply singly or in any combination.
c.
"Either…or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
(7)
The word "includes" shall not limit a term to the specific example
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
(8)
"City manager" means the city manager of the city or the city official
that he may designate to carry out the administration of this article.
[Code 1984, ch. 11, § 14(D)]
The city council of the city finds, determines and declares
that:
(a)
The
city must expand its water and sewer facilities in order to maintain
current standards of public health if a new development is to be accommodated
without decreasing current standards of public health;
(b)
The
state legislature through the enactment of V.T.C.A., Local Government
Code § 395.001 et seq., has enabled the city to enact impact
fees;
(c)
The
imposition of impact fees is one of the preferred methods of ensuring
that the development bears a proportionate share of the cost of water
and sewer facilities necessary to accommodate 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 the city by the City of Fort Worth;
(e)
The fees established by section 86-367 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 procedure outline in V.T.C.A., Local Government Code § 395.001 et seq.;
(f)
The
reports entitled "Impact Fee Study—Capital Improvements Program
and Impact Fees," dated May 1990, as prepared for the city 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 a new development on the need for and costs for additional
water and sewer facilities in this city and the city of Fort Worth,
are in accordance with the provisions of V.T.C.A., Local Government
Code § 395.001 et seq., and are hereby approved and adopted.
[Code 1984, ch. 11, § 14(A)]
(a)
The
ordinance from which this section is derived shall be known and may
be cited as the "City of Richland Hills Impact Fee Ordinance."
(b)
The
city council has the authority to adopt this article pursuant to V.T.C.A.,
Local Government Code § 395.001 et seq. and pursuant to the city
Charter. The provisions of this article shall not be construed to
limit the power of the city to utilize other methods authorized under
state or federal law or pursuant to other city powers to accomplish
the purposes set forth in this article, either in substitution for
or in conjunction with this article.
(c)
This
article shall apply to all new developments within the incorporated
areas of the city served by the municipal water and/or sewer systems
and which lie within the designated benefit area. The provisions of
this section shall apply uniformly within the benefit area.
[Code 1984, ch. 11, § 14(B)]
(a)
This
article is intended to assist in the implementation of the city capital
improvements plan as adopted as a portion of the impact fee study
prepared in accordance with V.T.C.A., Local Government Code §
395.001 et seq.
(b)
The
purpose of this article is to regulate the use and development of
land so as to assure that a new development bears a proportionate
share of the cost of capital expenditures necessary to provide water
and sewer facilities in the city.
[Code 1984, ch. 11, § 14(C)]
(a)
Except
as specifically exempted in this article, any person who, after the
effective date of the ordinance from which this article is derived
seeks to connect to the city water and/or sewer systems is hereby
required to pay an impact fee in the manner and amount set forth in
this article.
(b)
No
final plat or replat for a new development shall be approved within
the benefit area for recording without assessment of an impact fee
pursuant to this section, 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 in this article.
[Code 1984, ch. 11, § 14(F)]
(a)
Maximum impact fees per service unit shall be calculated within each benefit area and shall be the amount set forth in schedule I as set out in section 86-383.
(b)
The impact fee per service unit for each category of capital improvements, 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 established in subsection (a) of this section. Impact fees which are to be paid shall be as set forth in schedule II which is set out in section 86-383.
[Code 1984, ch. 11, § 14(G)]
(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 the
ordinance from which this article is derived, 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 I. The city, in its sole discretion, may provide the subdivider
with a copy of schedule I prior to final plat approval, but such shall
not constitute assessment within the meaning of this article.
(2)
For a development which has received final plat approval prior to
the effective date of the ordinance from which this article is derived,
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 predate the city's subdivision regulations and which are exempt
from platting requirements, assessment shall occur on the effective
date of the ordinance from which this article is derived and shall
be the amount of the maximum impact fee per service unit set forth
in schedule I.
(b)
Following assessment of the impact fee for a new development pursuant to subsection (a) of this section, 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 a new application for final plat approval, in which case the impact fee will be reassessed at the schedule I 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, unless an agreement
has been executed between the property owner and the city providing
for a different time of payment.
(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 multiplying
the number of service units generated by the new development by the
impact fee due per service unit for the benefit area using schedule
II. The number of service units shall be determined by using the conversion
table contained in the impact fee studies.
(2)
The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided in section 86-369.
(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 I 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 a new application is thereafter filed, the impact fees
due shall be computed using schedule II 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 collected for
such new service units shall be determined by using schedule II then
in effect, and such additional fee shall be collected at the time
building permits are issued for a development or construction on each
benefited property.
[Code 1984, ch. 11, § 14(H); Ord. No. 912-01, §§ I, II, 9-25-2001]
(a)
For
any new development which has received final plat approval in accordance
with V.T.C.A., Local Government Code § 212.001 et seq., 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 the
ordinance from which this article is derived) the city may assess,
but shall not collect, water impact fees on any service unit for which
a valid building permit is issued within one year subsequent to the
effective date of the ordinance from which this article is derived.
(b)
If the building permit, which is obtained within the period provided for in subsection (a) of this section 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 86-367.
(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 additional
or larger water and/or sewer connections are requested.
(2)
The replacement of a building or structure 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 section or where a mobile
home legally existed on such site on or prior to the effective date
of the ordinance from which this section derives.
(4)
Any building permit application which was duly accepted for filing
prior to the effective date of the ordinance from which this section
derives and which is subsequently granted shall be exempt from the
assessment and payment of an impact fee, unless such application thereafter
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.
[Code 1984, ch. 11, § 14(I)]
(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 article. 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 deposited shall be considered funds of the account and shall be used solely for the purpose authorized in section 86-371.
(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 86-371. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten 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 business
hours.
[Code 1984, ch. 11, § 14(J)]
(a)
The
impact fees collected for the benefit area pursuant to this article
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 for the water impact fee account established in section 86-370 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)
If
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 article.
(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 section. Monies may be transferred to the general fund of
the city to reimburse the general fund 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 article.
(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 the city after the effective
date of the ordinance from which this article is derived. Prior refunding
agreements may be renegotiated in order to bring such agreements into
accord with the provisions of this article.
(g)
Funds
may be used for any other purposes permitted by law as deemed appropriate
by the city council.
(h)
Impact
fees collected pursuant to this section 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 improvements plan.
(2)
Repair, operation or maintenance of any capital improvements or facility
expansion.
(3)
Upgrade, expansion or replacement of existing capital improvements
to serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards.
(4)
Upgrade, expansion or replacement of existing capital improvements
to provide better service to the existing development; provided, however,
that impact fees may be used to pay the costs of upgrading, expanding
or replacing existing capital improvements in order to meet the need
for new capital improvements generated by the new development.
(5)
Administrative and operating costs of the city.
[Code 1984, ch. 11, § 14(K)]
(a)
The
property owner or feepayer for a new development may appeal the following
decisions to the city council:
(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
30 days following the decision. The development application may be
processed while the appeal is pending, if the notice of appeal is
accompanied by a bond or other sufficient security satisfactory to
the city manager in an amount equal to the original determination
of the impact fee due.
[Code 1984, ch. 11, § 14(L)]
(a)
Upon
application, any impact fee or portion thereof collected pursuant
to this article, which has not been expended or otherwise encumbered
within the benefit area within ten years from the date of payment,
shall be refunded, upon application, to the record owner of the property
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 V.T.C.A., Finance Code
§ 302.002.
(b)
An impact fee collected pursuant to this article shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion authorized in section 86-371 within the benefit area for such improvements or expansions exceeds collections during such period.
(c)
If a refund is due pursuant to subsections (a) and (b) of this section, 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 calculated 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. If the difference is less than ten percent, 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.
[Code 1984, ch. 11, § 14(M)]
(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 such plan and report to the city any perceived
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 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.
(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 subsection (b) of this section to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether schedule I or II should be revised.
(d)
If, at the time an update is required pursuant to subsection (b) of this section, 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 procedures in V.T.C.A., Local Government Code § 395.001 et seq.
[Code 1984, ch. 11, § 14(N)]
(a)
The
city may finance capital improvements or facility expansion designated
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)
The
city shall update its land use assumptions and capital improvements
plans at least every five 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.
[Code 1984, ch. 11, § 14(O); Ord. No. 912-01, § III, 9-25-2001]
Impact fees established by this article are additional and supplemental
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 comprehensive land
use plan, the capital improvements plan, the zoning ordinance, 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.
[Code 1984, ch. 11, § 14(P)]
(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 article, other than those matters which may be appealed pursuant to section 86-372, 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 60 days of the request. If the city council determines that the duty is required pursuant to the section, and is late in being performed, it shall cause the duty to commence within 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 section,
upon written request by a property owner subject to the section, 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 article, it shall
cause to be appropriated from other city funds the amount of the reduction
in the impact fee and deposit such funds in the account for the benefit
area in which the property is located.
[Code 1984, ch. 11, § 14(Q)]
(a)
There
is hereby established one benefit area, constituting the entire incorporated
limits of the city as a whole. This benefit area is depicted on a
map to be kept on file in the office of the city secretary.
[Code 1984, ch. 11, § 14(R)]
The following are adopted and incorporated by reference herein
and are kept on file in the office of the city secretary:
(1)
City
of Richland Hills Impact Fee Study Land Use Assumptions, April 1990,
Exhibit B.
(2)
City
of Richland Hills Impact Fee Study Capital Improvements Program and
Impact Fees, May 1990, Exhibit C.
(3)
Land
Use Assumptions—Wastewater, February 1990, City of Fort Worth,
Exhibit D.
(4)
Land
Use Assumptions—Water, February 1990, City of Fort Worth, Exhibit
E.
(5)
Capital
Improvements Plan for Wastewater Impact Fees, February 1990, City
of Fort Worth, Exhibit F.
(6)
Capital
Improvements Plan for Water Impact Fees, February 1990, City of Fort
Worth, Exhibit G.
[Code 1984, ch. 11, § 14(S)]
(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 86-367 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 86-367 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.
[Code 1984, ch. 11, § 14(T)]
(a)
With
respect to the providing of wastewater services within the city, this
section replaces and supersedes those provisions for payment of Fort
Worth wastewater system facility access fees. After the effective
date of the ordinance from which this article is derived, all retail
wastewater system facility impact fees shall be imposed on or collected
from a new development subject to this article.
(b)
This
article shall be cumulative of all provisions of ordinances and of
the Code of the city, except where the provisions of this article
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.
[Code 1984, ch. 11, § 14(U)]
(a)
Penalties.
Any person who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this article, 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 designee, the building official
or any municipal officer who is charged with the administration of
this article 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.
(b)
Injunction.
The city shall have and retain the right for injunctive relief
against any person who is in the process of or about to violate any
section, paragraph, or part of this article. Such right for injunctive
relief shall exist independent of the other penalty provisions of
this article 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 to inflict temporary or permanent
injury on the general public by a failure to comply with the terms
of this article.
[Code 1984, ch. 11, § 14(V)]
The schedule of impact fees shall be as follows:
|
THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER
| |||
|---|---|---|---|
|
Effective January 1, 2023 to December 31, 2026
| |||
|
Meter Size
|
Equivalency Factor
|
Water
|
Wastewater
|
|
5/8" x 5/8" and 5/8" x 3/4"
|
1.00
|
$1,981
|
$1,796
|
|
3/4" x 3/4"
|
1.50
|
$2,972
|
$2,694
|
|
1"
|
2.50
|
$4,953
|
$4,490
|
|
1-1/2"
|
5.00
|
$9,905
|
$8,980
|
|
2"
|
8.00
|
$15,848
|
$14,368
|
|
3"
|
21.75
|
$43,087
|
$39,063
|
|
4"
|
37.50
|
$74,288
|
$67,350
|
|
6"
|
80.00
|
$158,480
|
$143,680
|
|
8"
|
140.00
|
$277,340
|
$251,440
|
|
10"
|
210.00
|
$416,010
|
$377,160
|
[Ord. No. 1346-18, 4-23-2018; Ordinance 1469-23 adopted 3/13/2023]
