O-1068-12-91ORDINANCE NO. 1068-12-91
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS ADOPTING A CAPITAL IMPROVEMENTS PLAN AND ADOPTING
IMPACT FEES BASED ON SUCH CAPITAL IMPROVEMENTS PLAN;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Collin County, Texas (the "City Council")
has appointed a Capital Improvements Advisory Committee ( the "Advisory Committee") ; and
WHEREAS, the City Council has adopted rules for the Advisory Committee to follow in
carrying out its duties; and
WHEREAS, the Advisory Committee has submitted comments and recommendations on the
Capital Improvement Plan and Impact Fees calculated to the City Council; and
WHEREAS, the City Council in accordance with the provisions of Chapter 395 of the Texas
Local Government Code, has called and held a public hearing concerning approval of the
Land Use Assumptions for Development of Impact Fees for the City of Allen and have
adopted said Land Use Assumptions; and
WHEREAS, the City Council has had a Capital Improvements Plan prepared by a qualified
professional engineer as required by Chapter 395 of the Texas Local Government Code; and
WHEREAS, the City Council has called and held a public hearing concerning said Capital
Improvement Plan and the maximum impact fees identified in the plan; and
WHEREAS, the City Council finds that the City of Allen has complied in all things with
Chapter 395 of the Texas Local Government Code, and the notice, adoption, promulgation,
and methodology necessary to adopt a capital improvements plan and establish impact fees;
and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Allen to
adopt such capital improvements plan and the impact fees contained therein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That the Capital Improvements Plan prepared by Hunter Associates, Inc.
dated August, 1991 on file in the office of the City Secretary is hereby approved and
adopted as the Allen Capital Improvements Plan.
SECTION 2: That the City shall assess and collect impact fees for funding or recouping
the costs of capital improvements or facility expansions necessitated by and attributable
to new development under the provisions of this ordinance, to wit:
"IMPACT FEES"
ARTICLE I - GENERAL PROVISIONS
1.01 IN GENERAL; PURPOSE, POLICY - This Article is adopted pursuant to the
provisions of Chapter 395, Texas Local Government Code, V. A. T. S. , as well as
under the authority of Article 11, Section 5 of the Texas Constitution. This
Article implements a policy of the City to impose fees upon each new development
project to pay the costs of constructing capital improvements and facility
expansions necessary to serve new development.
1.02 DEFINITIONS - For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this Section:
(1) Advisory Committee - the members of the Planning and Zoning Commission,
and the representatives appointed by the City Council as required by the
enabling legislation for this ordinance.
(2) Assessment - the determination of the amount of the maximum impact fee
which can be imposed on new development pursuant to this Article.
(3) Capital Improvement - any of the following facilities that have a life
expectancy of three or more years and are owned and operated by or on
behalf of the City:
a. water supply and distribution facilities; wastewater collection
facilities; and storm water, drainage, flood control facilities as they
relate to the construction of roadway facilities; whether or not they
are located within the service area; and
b . roadway facilities.
(4) Capital Improvements Plan - a plan contemplated by this Article that
identifies capital improvements or facility expansions for which impact fees
may be assessed. The Capital Improvement Plan is hereby adopted with
this Ordinance.
(5) City - the City of Allen, Collin County, Texas.
(6) Credit - the amount of the reduction of an impact fee for fees, payments or
charges for or construction of the same type of facility.
(7) Facility expansion - the expansion of the capacity of an existing facility
that serves the same function as an otherwise necessary new capital
improvement, in order that the existing facility may serve new
development. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve existing
development.
(8) Final Plat Approval of Approval of a Final Plat - the point at which the
applicant has complied with all conditions of approval and the plat has been
released for filing with the County Clerk.
Ordinance No. 1068-12-91 page 2
(9) Impact Fee - a charge or assessment imposed as set forth in this Article
against new development. The term does not include:
a. required dedications of land for public parks or payments in lieu
thereof;
b. dedication of right-of-ways or easements or construction or
dedication of on-site water distribution, wastewater collection or
drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated
by and attributable to the new development; or
C. lot or acreage fees or pro -rata fees to be placed in trust funds for
the purposes of reimbursing developers for oversizing or
constructing water or sewer mains or lines.
(10) Land Use Assumptions - a description of the service area and projections
of changes in land uses, densities, intensities, and population in the
service area over at least a 10 year period which has been adopted by the
City and upon which the capital improvements plan is based.
(11) New development - the subdivision of land; the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of a structure; or any use or extension of the
use of land; any of which increases the number of service units.
(12) Off-site - located entirely on property which is not included within the
bounds of the plat being considered for impact fee assessment.
(13) On-site -located at least partially on the plat which is being considered for
impact fee assessment.
(14) Roadway facilities - arterial or collector streets or roads that have been
designated on the City's officially adopted roadway plan, together with all
necessary appurtenances. The term does not include any roadways or
associated improvements designated on the federal or Texas Highway
system. The term includes but is not limited to interest in land, traffic
lanes, curbs, gutters, intersection improvements, traffic control devices,
turn lanes, drainage facilities associated with the roadway or street
lighting.
(15) Service Area:
a. for water supply, treatment and distribution facilities, wastewater
collection and treatment: the entire area within the corporate limits
of the City and its extraterritorial jurisdiction to be served by the
capital improvements and facilities expansions specified in the
Capital Improvement Plan;
b . for roadway facilities: each individual service area designated in the
capital Improvements Plan served by the roadway facilities
designated in the Capital Improvements Plan.
Ordinance No. 1068-12-91 Page 3
(16) Service Unit - for the purpose of impact fee assessment the applicable
standard units of measure shown on the conversion table in the Capital
Improvements Plan and Impact Fee Calculation which can be converted to
equivalent single family residential PM Peak Hour average Vehicle Trip
Ends per acre for roadway facilities and five -eights inch (5/811) water
meter equivalents, as the context indicates which serves as the
standardized unit of measure of consumption or discharge for water and
wastewater facilities.
(17) Sanitary Sewer Facility - an improvement for providing wastewater
collection, including, but not limited to, land or easements, lift stations,
or interceptor mains. Sanitary sewer facility excludes sanitary sewer liens
or mains which are reimbursed from pro rata charges paid by developers
or owners of property in other subdivisions as a condition of connection to
or use of such facility.
(18) Water Facility - an improvement for providing water supply, treatment and
distribution service, including, but not limited to, land or easements water
treatment facilities, water supply facilities, or water distribution lines.
Water facility excludes water lines or mains which are constructed by
developers, the costs of which are reimbursed from pro rata charges paid
by developers or owners of property in other subdivisions as a condition
of connection to or use of such facility.
ARTICLE II - ADVISORY COMMITTEE
2.01 The Capital Improvements Advisory Committee ( "Advisory Committee") shall
consist of the Planning and Zoning Commission. If the Committee does not include
at least one representative of the real estate, development or building industry
who is not an employee of official of a political subdivision or governmental entity,
the City Council shall appoint at least one such representative as an add hoc
voting member of the Advisory Committee. If any impact fee is to be applied in
the extraterritorial jurisdiction of the City, a representative from the area shall
be appointed by the City Council.
2.02 The Advisory Committee serves in an advisory capacity and is established to:
(1) advise and assist the adoption of land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semi-annual reports with respect to the progress of the Capital
Improvements Plan and Report to the City Council any perceived inequities
in implementing the plan or imposing the impact fee; and
(5) advise the City staff and Council of the need to update or revise the land
use assumptions, capital improvements plan and impact fee.
2.03 All professional reports concerning the development and implementation of the
Ordinance No. 1068-12-91 Page 4
capital improvements plan shall be made available to the Advisory Committee
2.04 The Advisory Committee shall elect a chair -person to preside at its meetings and
a vice -chairperson to serve in their absence. All meetings of the committee shall
be open to the public and posted at least 72 hours in advance. A majority of the
membership of the Committee shall constitute a quorum.
ARTICLE III - PERIODIC UPDATES REQUIRED
The land use assumptions and capital improvements plan upon which impact fees
are based shall be updated at least every three years, beginning with the first
such updated to be on or before June, 1994. Alternatively, the City Council
may, pursuant to the provision of Section 395.0575 of the Local Government Code
make a determination that no such update is required.
ARTICLE IV - IMPACT FEE REQUIRED; EXCEPTIONS
4.01 Impact fees shall be assessed to new development at the time plats are released
for recordation and due and payable prior to or at the time of recordation of plat.
Fees for property which is proposed to occur without platting shall be assessed
at any time and shall be due and payable prior to or at the time of issuance of the
building permit or connection to the City's water or sanitary sewer system,
whichever occurs first. Impact fees for properties platted prior to adoption of
this Ordinance shall be collected at any time after one (1) year of adoption of this
Ordinance and shall be due and payable prior to or at time of issuance of the
building permit or connection of the City's water and sanitary sewer system,
whichever occurs first.
4.02 Additional impact fees or increases in fees shall not be assessed unless the
number of service units to be developed on the tract increases. Should the
service units be increased, impact fees shall be increased in an amount equal to
the current impact fee per service unit multiplied by the difference in number of
service units.
4.03 Except for roadway facilities, impact fees may be assessed but not collected for
property where service is not available unless:
(1) the City commits to commence construction of necessary facilities identified
in the capital improvements plan within two years and have service
available in a reasonable time not exceeding five years; or
(2) the City agrees in writing to permit the owner of the property to construct
or finance the required capital improvement or facility expansion and
agrees that the cost incurred or funds advanced will either:
a. be credited against the impact fees other wise due from the new
development;
b. reimburse the owner for such costs from impact fees paid from other
new developments that will use such capital improvements or facility
expansions in which case fees shall be reimbursed to the owner at
the time collected as other new development plats are recorded; or
Ordinance No . 1068-12-91 Page 5
C. the owner voluntarily requests that the City reserve capacity to
serve future development and the City and the owner enter into a
valid written agreement.
4.04 The owner of the property for which there is a recorded plat may enter into a
written agreement with the City providing for the time and method of payment of
impact fees, which agreement shall prevail over any contrary provision of this
Article.
ARTICLE V - CALCULATION OF MACT FEES
5.01 Impact fees shall be determined by multiplying the number of service unit
equivalents in the proposed development by the amount per service unit
equivalent due under Exhibit "A" which is attached hereto and incorporated
herein for all purposes. The number of service unit equivalents shall be
determined by using the conversion table contained in the capital improvements
plan, and attached hereto and made a part of this ordinance as Exhibit "B".
5.02 If a development, subject to assessment of impact fees under this ordinance, has
an actual area coverage that varies by more than ten percent (10%) from the
average area coverage used as the basis for determination of impact fees as
contained in Exhibit "B", the impact fees assessed shall be determined by
multiplying the fees calculated in accordance with the preceding paragraph by a
ratio, the numerator, being the actual area coverage and the denominator being
the average area coverage per Exhibit "B".
5.03 The determination of impact fees shall be reduced by any allowable credits for the
category of capital improvements as provided in Article VI.
5.04 The total amount of unpaid impact fees shall be attached to the development
application, or, if to be paid at some later date, to the request for other permit
or connection.
5.05 Replatting shall not require recalculation of impact fees unless the number of
service units is increased or land uses change. If a proposed development
increases the number of service units, the impact fee shall be recalculated as
provided in Article IV.
ARTICLE VI - CREDITS
6.01 Any construction of, contributions to, or dedications of any facility appearing on
the capital improvements plan which is required by the City to be constructed by
the owner as a condition of development shall be credited against the impact fees
otherwise due for the same category of impact fees otherwise due from the
development. Credit for impact fees due an owner in one category of impact fees
(i.e. water, wastewater treatment and thoroughfares) may not be used as an off-
set for impact fees due in another category of impact fees.
6.02 The amount of each credit for required construction of a facility on the capital
improvements plan shall be calculated by multiplying the value of the facility
assessed for the capital improvements plan by a fraction, the numerator of which
Ordinance No. 1068-12-91 page 6
is the impact fee per service unit equivalent due for the new development
computed using Exhibit "A" and the denominator of which is the maximum impact
fee per service unit computed using the plan.
6.03 As an alternative to the foregoing, the City and the owner may enter into an
agreement providing that in addition to the credit, the owner will be reimbursed
for all or a portion of the costs of such facilities from impact fees as received from
other new developments that will use such capital improvements or facility
expansions.
6.04 An owner shall be entitled to a credit against any category of impact fee as
provided in any written agreement between the City and the owner.
6.05 No credit for construction of any facility shall exceed the total amount of impact
fees due from the development for the same category of improvements.
ARTICLE VII - EXPENDITURE AND ACCOUNTING FOR FEES AND INTEREST
7.01 All impact fees collected shall be deposited in interest bearing accounts clearly
identifying the category of capital improvements or facility expansions within the
service area for which the fee is adopted.
7.02 Interest earned shall be credited to the account and shall be subject to the same
restrictions on expenditures as the funds generating such interest.
7.03 Impact fees and the interest earned thereon may be spent only for the purposes
for which such fees were imposed as shown in the capital improvements plan.
7.04 The records of the accounts into which impact fees are deposited shall be open for
public inspection and copying during ordinary business hours.
ARTICLE VIII - REFUNDS
8.01 On the request of an owner of property on which an impact fee has been paid,
impact fees shall be refunded if existing facilities are available and service is
denied, or , if the City failed to commence construction of facilities required for
service within two years of payment of the fee, or, if such construction is not
completed within a reasonable time but not in any event in more than five years
from the date of payment of the fee.
8.02 Upon completion of capital improvements or facility expansions identified in the
capital improvements plan, the impact fee shall be recalculated utilizing actual
costs. If the impact fee based on actual cost is less than the impact fee paid, the
City shall refund the difference if such difference exceeds the impact fee paid by
more than ten percent.
8.03 Any impact fee funds not expended within ten years after payment shall be
refunded.
8.04 Refunds shall bear interest calculated from the date of collection to the date of
refund at the statutory rate set forth in Article 5067-11-.03, Vernons Texas
Civil Statutes or it s successor statute.
Ordinance No. 1068-12-91 Page 7
8.05 All refunds shall be made to the record owner of the property at the time the
refund is paid. However, if the impact fees were paid by another political
subdivision or governmental entity, payment shall be made to the political
subdivision or governmental entity.
8.06 The owner of the property on which an impact fee has been paid or another
political subdivision or governmental entity that paid the impact fee has standing
to sue for a refund under this section.
ARTICLE IX - APPEALS
9.01 Upon written application of an owner of property upon which impact fees were
assessed, the City Council shall consider appeals to the interpretations of or
errors in the application of the impact fee regulations or schedules which are used
to calculate the fees or credits.
SECTION 3: If any section, article, paragraph, sentence, clause, phrase or work in this
ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 4: This ordinance shall be in full force and effect from and after its passage,
and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THIS THE 5th DAY OF DECEMBER, 1991.
APPROVED:
� e �
Jde Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
Bort r, CITY ATTORNEY J yAMo on, CITY SECRETARY
Ordinance No. 1068-12-91 page 8
EXHIBIT "A"
IMPACT FEE RATES
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. 1068-12-91 Page 9
SERVIC-E
AREA:'-
MAXIMUM
IMPACT .FEE PER
SERVICE UNIT
EQUIVALENT* - - - -
ADOPTED
IMPACT FEE PER
SERVICE UNIT
EQUIVALENT*
WATER FACILITIES
ALL
$ 547
$ 274
WASTEWATER FACILITIES
ALL
$ 92
$ 92
THOROUGHFARE FACILITIES
1
$2,475
-0-
THOROUGHFARE FACILITIES
2
$4,400
-0-
THOROUGHFARE FACILITIES
3
$1,950
-0-
THOROUGHFARE FACILITIES
4
$3,976
-0-
THOROUGHFARE FACILITIES
5
$1,730
-0-
THOROUGHFARE FACILITIES
6
$3,086
-0-
THOROUGHFARE FACILITIES
7
$5,712
-0-
THOROUGHFARE FACILITIES
8
$5,732
-0-
THOROUGHFARE FACILITIES
9
$2,339
-0-
THOROUGHFARE FACILITIES
10
$ 102
-0-
THOROUGHFARE FACILITIES
11
$6,631
-0-
THOROUGHFARE FACILITIES
12
$4,508
-0-
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. 1068-12-91 Page 9
EXHIBIT "B"
EQUIVALENCY TABLE
WATER AND WASTEWATER FACILITIES
WATER METER SIZE
WATER SERVICE UNIT
EQUIVALENT
SEWER. SERVICE UNIT
EQUIVALENT.
5/8"
1.0
1.0
3/4"
1.5
1.3
1" Simple
2.5
1.8
1 1/ 2" Simple
5.0
3.0
2" Simple
8.0
4.5
2" Compound
8.0
4.5
2" Turbine
10.0
5.5
3" Compound
16.0
8.5
3" Turbine
20.0
12.5
4" Compound
25.0
13.0
4" Turbine
35.0
21.0
6" Compound
50.0
25.0
6" Turbine
80.0
46.0
8" Compound
80.0
40.0
8" Turbine
140.0
80.0
10" Compound
115.0
100.0
10" Turbine
250.0
100.0
THOROUGHFARE FACILITIES
LAND USE TYPE
AVG. AREA
COVERAGE
SERVICE -UNIT
EQUIVALENT
RESIDENTIAL
3.9 *
1.0
COMMERCIAL/RETAIL
10,890 **
10.1
OFFICE/ INDUSTRIAL
13,070 **
6.6-
.6PUBLIC/
PUBLIC/SEMI-PUBLIC
10,890 **
3.0
* Dwelling Unit (DU)
** Gross Square Feet (GSF) Building Area per Acre
Ordinance No. 1068-12-91 Page 10
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
_O_Ldj as n c e #106a-12-93—
of
1068_1293
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday December 11,_1991 &_Sunday December 15L 1991
and which was issued on December 11 , 1 9 9 1 _ _ ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 1-5 day ofA.D. 19 9a
Ltvl)
V.A. TODD
MY COMMISSION EXPIRE,! Dogmber 5, 1992
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $-3-1-.-,5-0 ____
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
December 5, 1991 (Title and Penalty
Clause only):
Ordinance No 1068-12-91. An Ordinance
of the City of Allen, Collin County, Texas,
Adopting a Capital Improvements Plan and
Adopting Impact Fees Based on Such
Capital Improvements Plan; Providing a
Severability Clause and Providing an Ef-
fective Date.
That any person, firm or corporation violat-
ing any of the provisions or terms of .this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of One Thousand
Dollars ($1,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinancb at
_their regular meeting held on Thursday,
December 5, 1991 (Title and Penalty
,Clause only):
Ordinance No. 1068-12-91: An Ordinance
of the City of Allen, Collin County, Texas,
Adopting a Capital Improvements Plan and
Adopting Impact Fees Based on Such
Capital Improvements Plan; Providing a
Severability Clause and Providing an Ef-
fective Date.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of One Thousand
Dollars ($1,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret -
11 City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary