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HomeMy WebLinkAboutOrdinance No. 2024-02 ORDINANCE NO. 2024-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 74 "TAXATION," ARTICLE III "IMPACT FEES," SECTION 74-52 "IMPACT FEES FOR NEW CONSTRUCTION," SUBSECTION(D)"FEES"OF THE FRIENDSWOOD CITY CODE,TO AMEND THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ***************************************************************************************** WHEREAS, the City Council caused an update of the land use assumptions and capital improvements plan to be prepared in accordance with Subchapter C of Chapter 395 of the Texas Local Government Code(the "Act");and WHEREAS, on November 6, 2023, the City Council (i) reviewed and evaluated the current land use assumptions;(ii)received update of the land use assumptions,capital improvements plan and proposed impact fees; (iii) determined to amend the plan; and (iv) set a public hearing to discuss and review the update;and WHEREAS,on November 16,2023,the Planning and Zoning Commission,acting in its authority as the Capital Improvements Advisory Committee, met and reviewed the amendments to the land use assumptions,capital improvements plan and impact fees; and WHEREAS, on November 22, 2023, the Planning and Zoning Commission filed its written comments in accordance with law; and WHEREAS, on January 8, 2024, the City Council, after having published and mailed notices in accordance with law, held a public hearing on the amendments to the land use assumptions, capital improvements plan and impact fees; and WHEREAS,the City Council finds that all prerequisites of law have been satisfied for the periodic update required pursuant to Section 395.052 of the Texas Local Government Code; and • WHEREAS,after considering the testimony given at the public hearing and the comments received from the Planning and Zoning Commission, the City Council now desires to amend the land use assumptions and capital improvements plan and to modify the maximum allowable impact fee in accordance with this ordinance;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. All matters and facts set forth in the recitals above are found to be true and correct. Section 2. That the City Council of the City of Friendswood,Texas,hereby approves the land use assumptions, capital improvements plan and the modifications to the maximum allowable impact fee, which are included in the document entitled "2023 Water and Wastewater Impact Fee Update," which document is on file in the City Secretary's Office, and incorporated herein by this reference for all intents and purposes. Section 3. That Chapter 74"Taxation," Article III "Impact Fees," Section 74-52 "Impact fees for new construction," Subsection(d)"Fees" of the Friendswood City Code, is hereby amended to read as follows: CHAPTER 74. TAXATION ARTICLE III. IMPACT FEES Sec.74-52. Impact fees for new construction. (d) Fees. The water impact fee is $3,721.00 per equivalent service unit. The wastewater impact fee is $1,675.00 per equivalent service unit. Meter Size and Type t nits 1" simple 1 11/2" simple 2.3 2" simple 2.9 3" compound 9.1 4" compound 22.7 6" compound 36.4 8" compound 72.7 10" compound 118.2 12" compound 145.5 A one-inch meter is the smallest acceptable meter. In any situation where a meter smaller than one inch is installed,the one-inch fee will be charged. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however,that such repeal shall be only to the extent of such inconsistency and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 6. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 7. This ordinance shall become effective from and after its date of adoption and its publication, as provided by law. 2 PASSED, APPROVED, and ADOPTED on first and final reading by the affirmative vote of the City Council of the City of Friendswood on this the 8th day of January,2024. STEVE ROCKEY,Mayor Pro m A %T: / Ail .Pv.M4.10IIAk LE CIA BRYSCH,City Secre . p, ,.;'. °`y O0 I-- ,I A �'' U APPROVED AS TO FORM: STq 7-E Oft--' . HORNER,City Attorney H:\City Council\Ordinances\2024\01-08-2024\Ordinance-Impact Fee Update.docx 3