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85-11-Ordinance-Amending Impact Fees-06/03/1985CITY OF SANGER, TEXAS ORDINANCE NO. 85-11 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS TO ADD SECTION 16, CHAPTER 10 ENTITLED COMMUNITY IMPACT FEES, PROVIDING A FEE FOR ALL WATER, WASTEWATER, AND ELECTRIC UTILITY CUSTOMERS OF THE CITY OF SANGER, SUCH FEES BEING BASED UPON LIVING UNIT EQUIVALENTS OR BUSINESS UNIT EQUIVALENTS; SETTING SAID FEES AT $1500 PER LUE AND $1500 FOR BUE, PROVIDING FOR LIMITED EXEMPTIONS FOR PRESENT UTILITY USERS WITHIN THE CITY AND FOR OTHER PERSONS HAVING PRIOR SEPARATE AGREEMENTS WITH THE CITY; REQUIRING PAYMENT OF SUCH FEES UPON CONSIDERATION OF A PLAT BY THE PLANNING AND ZONING COMMISSION OR APPLICATION FOR BUILDING PERMIT, WHICHEVER COMES FIRST, PROVIDING OR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVI DING AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 10 OF THE CODE OF ORDINANCES TEXAS IS HEREBY AMENDED TO ADD SECTION 16 IMPACT FEES WHICH SHALL READ AS FOLLOWS: SECTION 16: COMMUNITY IMPACT FEES OF THE CITY OF SANGER, ENTITLED COMMUNITY A. Applicability (1) Except as provided in Paragraphs 2 and 3 below this section is applicable to all persons desiring water, wastewater, and/or electric service of the City of Sanger whether the proposed use of such service is within or without the corporate limits of the city. (2) There shall be no Community Impact Fee for water, wastewater, or electric services for currently platted and developed lots at the time of enactment of this ordinance. (3) Persons who have separate agreements with the City, which agreements were entered into prior to passage of this ordinance, and which provide for Capital Recovery Charges or Community Impact Fees, as consideration for the rights of such persons to participate in the present and future capacity of the city's water, wastewater and/or electric systems, to the extent of such separate agreements shall be exempt from the provisions of this section. C%JTY SECRETARY (4) Persons may be required by the City to po ICIALCOPY letters of credit with the City to reserve line capacity for water, wastewater and/or electric service. Letters of credit shall be for the sum of money equal to the total of lots times the Impact Fee charge. Computation %J Fee (1) A Living Unit Equivalent (L.U.E.) is a unit of measure representing the quantity of water and electricity consumed and wastewater generated on an average daily basis from a single-family detached residence of average size and occupancy. (2) A Business Unit Equivalent (B.U.E.) is a unit of measure representing the quantity of water and electricity consumed and wastewater generated on an average daily basis from a local business of average size and occupancy. (3) The Community Impact Fee is based upon L.U.E.'s and B.U.E.'s which are approved by the City and is in the following amounts: Water: Lines, pump stations, storage, treatment and appurtenance Sewer: Lines, pump stations, storage, treatment plant and outfall lines Electric: Substation (4) The payment in full of shall be made prior to plat by the Sanger City 750.00 500.00 250.00 1500000 the approval Community Impact Fee of the final Council. (5) If property was subdivided prior to the effective date hereof no impact fees shall be required however, if all or a portion of said property is subsequently re -subdivided, these fees shall be assessed to the re -subdivided property if the re -subdivision requires any increase in the number of L.U.E.s or B.U.E.s to serve such re -subdivision, to the extent of such increase. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. -2- SECTION III CITY SECRETAny It is hereby declared to be the intention of the CiIINALOY Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid I or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV Whenever in this Ordinance an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Ordinance, the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision shall be punished by a fine of not exceeding Two Hundred ($200.00) Dollars; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State. Each day any violation of this Ordinance shall continue shall constitute a separate offense. SECTION V This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this day of a., 1985, by the City Council of the City of Sa ger, Texas. ATTEST: -3- APPROVED: Mayor