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.
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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:
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APPROVED:
Mayor