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<br />::i <br />cr~ <br />W~ <br />..Jo <br />i!~ <br />'~I <br />,;:. <br /><I( <br /> <br />d <br />: ~J <br />~ 5~ <br />~ 6 <br /> <br />ORDINANCE NO. 2002- <br /> <br />o <br />;:::;: <br />'<C) <br />0- <br />--I <br />(J)-< <br />wc) <br />::II <br />3:m <br />e>>::D <br />a" <br />. <br />. <br /> <br />113. <br /> <br />~ ~'JJ <br />~ ~r <br />~ g.m <br />~ ~O <br />~ p:::;: <br />~ <br /> <br />67 <br /> <br />AN ORDINANCE AMENDING CHAPTER 86, UTILITIES, OF THE CITY CODE <br />BY REPEALING DIVISIONS 4 AND 5 OF ARTICLE 3; AMENDING IMPACT <br />FEES FOR WATER AND WASTEWATER FACILITIES; ADOPTING UPDATED <br />LAND USE ASSUMPTIONS AND AN UPDATED IMP ACT FEE CAPITAL <br />IMPROVEMENTS PLAN; AMENDING IMPACT FEE SERVICE AREAS FOR <br />THESE FACILITIES; PROVIDING FOR COLLECTION AND ASSESSMENT OF <br />IMP ACT FEES; PROVIDING FOR OFFSETS AND CREDITS AGAINST <br />IMPACT FEES; PROVIDING FOR ACCOUNTS FOR IMPACT FEES AND USE <br />OF FUNDS IN THESE ACCOUNTS; PROVIDING FOR APPEALS, RELIEF <br />PROCEDURES AND EXEMPTIONS; PROVIDING FOR FUTURE UPDATES; <br />PROVIDING FOR AGREEMENTS FOR CAPITAL IMPROVEMENTS; <br />INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENAL TIES. <br /> <br />RECIT ALS: <br /> <br />1. In 1987 the Texas Legislature adopted Senate Bill 336, subsequently amended and adopted <br />as Chapter 395 of the Local Government Code, authorizing impact fees for water, wastewater, and <br />other facilities; and <br /> <br />2. The City previously has adopted land use assumptions, capital improvements plan and <br />impact fees for water and wastewater facilities; and <br /> <br />3. In 2001 the Texas Legislature adopted Senate Bill 243, amending Chapter 395 of the <br />Local Government Code, requiring impact fees to be calculated in a different manner, and requiring <br />an annual certification of compliance with state law by the City to the Attorney General; and <br /> <br />4. The City Council desires to update and amend its impact fee program for water and <br />wastewater facilities in accordance with Senate Bill 243; and <br /> <br />5. The City Council on August 12, 2002 designated the Planning and Zoning Commission, <br />with one additional ad hoc member, as the City's Capital Improvements Advisory Committee on <br />Impact Fees to advise the City Council concerning amendment of the land use assumptions, impact <br />fee capital improvements plan and the amounts of impact fees for water and wastewater facilities; <br />and <br /> <br />6. The Capital Improvements Advisory Committee on Impact Fees met on September 10, <br />2002, to review updates to the land use assumptions, impact fee capital improvements plan and <br />impact fees for water and wastewater facilities, and the Committee approved written comments to <br />the City Council in accordance with Chapter 395, as amended; and <br />