From
Chris Hartmann
Title
TA140604 - Text Amendment - Engineering Pro Rata. Approval of a Text Amendment to Article 22: "Fee Schedule" of the Unified Development Code related to pro rata charges and types of reimbursable costs, and repealing Section 26-81 of the Code of Ordinances. The owner/applicant is the City of Grand Prairie Planning Dept. (On June 2, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a Text Amendment to Article 22: "Fee Schedule" of the Unified Development Code related to pro rata charges and types of reimbursable costs, and repealing Section 26-81 of the Code of Ordinances.
OVERVIEW
The City Council Development Committee, following a May 13, 2014 briefing and update with the City Manager staff, directed staff to initiate the preparation of an ordinance repealing Section 26-81 of the Code of Ordinances and amending Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
The proposed changes will repeal Section 26-81 of the Code of Ordinances and amend Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, to modify the City’s regulations related to pro-rata charges are as follows: Proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
Sec. 26-81. Pro rata charges established Reserved.
(a)
A charge which shall be known as the pro rata shall be made against each lot or tract of land and the owner thereof whose water and sewer line shall be hereafter connected with any water main or sanitary sewer line in the city constructed by a developer with whom the city has contracted for reimbursement of oversizing or constructing water or sewer mains or lines. The charge shall be at a rate per lot or acre as was agreed to by such contract which shall be based on total evaluated or contract cost divided proportionately by the acreage or number of lots served.
(b)
Pro rata charges shall be collected at the time of platting or, if the city's records do not show that such pro rata charges were paid at the time of platting, prior to issuance of a building permit.
(c)
Such charges shall be placed in trust funds for the reimbursement of the developer who oversized the line and transmitted to such developer as soon as practicable.
(d)
Pro rata contracts shall not exceed ten (10) years; and, upon expiration, such charge shall not be collected.
(Code 1964, Amended, § 28.15; Ord. No. 3050, § 1, 5-15-79; Ord. No. 3168, § 1, 10-7-80; Ord. No. 3857, § V, 9-24-85; Ord. No. 4696, § 7, 6-12-90)
Editor's note-
Former § 26-81 pertained to pro rata charges, was repealed by § Ord. No._____, adopted June 17, 2014, and derived from the Code 1964, Amended, § 28.15; Ord. No. 3050, § 1, 5-15-79; Ord. No. 3168, § 1, 10-7-80; Ord. No. 3857, § V, 9-24-85; Ord. No. 4696, § 7, 6-12-90
22.2.29 - Pro rata Charges
A charge which shall be known as the pro rata shall be made against each lot or tract of land and the owner thereof whose water and wastewater line shall be hereafter connected with any water main or wastewater line in the City constructed by a developer with whom the City has contracted for reimbursement of oversizing or constructing water or wastewater mains or lines. The charge shall be at a rate per lot or acre as was agreed to by such contract which shall be based on total evaluated or contract cost divided proportionately by the acreage or number of lots served.
a) Costs available for pro rata reimbursement are:
i.) Materials, labor and materials testing for the installation of the public infrastructure
ii.) Staking and layout ($/LF)
iii.) Trench Safety ($/LF)
iv.) Testing ($/LF and/or $/ea for manhole)
v.) Spoils removal ($/CY)
vi.) Pavement and sidewalk repairs ($/SY)
vii.) Inspection fees at 4% of the sum of values i - vi above
viii.) Engineering design fees ($/LF) are not to be included in the calculation of vii above.
The developer shall provide to the City proof of estimated costs or actual costs when possible. Costs shall be reviewed by the City prior to forwarding the pro rata for execution.
b) Pro rata charges shall be collected at the time of platting or, if the City’s records do not show that such pro rata charges were paid at the time of platting, prior to issuance of a building permit.
c) Such charges shall be placed in trust funds for the reimbursement of the developer who oversized the line and transmitted to such developer as soon as practicable.
d) Pro rata contracts shall not exceed ten (10) years; and, upon expiration, such charges shall not be collected.
The pro rata shall become effective once executed by the City Manager’s office and the documentation shall be recorded by the City within the County of the lots served by the water or wastewater line. The developer shall pay the costs for recordation as outlined in Article 22.2.3.7 Filing Fees.
22.2.3.7 Filing Fees:
Applicant/Owner Filing:
|
Dallas County |
In Accordance with County Fee Schedule |
|
Tarrant County |
In Accordance with County Fee Schedule |
|
Ellis County |
In Accordance with County Fee Schedule |
|
Johnson County |
In Accordance with County Fee Schedule |
Staff Filing for Plats:
Filing for Pro-rata:
After consideration of these amendments on May 13, 2014 by the City Council Development Committee, the committee members directed staff to initiate the preparation of an ordinance repealing Section 26-81 of the Code of Ordinances and amending Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed repeal of Section 26-81 of the Code of Ordinances and amendment of Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, REPEALING SECTION 26-81 OF THE CODE OF ORDINANCES REGARDING PRO-RATA CHARGES; AND AMENDING ARTICLE 22 “FEE SCHEDULE” OF THE UNIFIED DEVELOPOMENT CODE, AS ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; SO TO REMOVE THE PRO-RATA CHARGES SECTION FROM THE CODE OF ORDINANCES AND TO CREATE SECTION 22.2.29 “PRO-RATA CHARGES, INCLUDING TYPES OF REIMBURSABLE COSTS, AND AMENDING SECTION 22.2.3.7 TO ESTABLISH A PRO-RATA TRANSPORTATION AND FILING FEE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on May 13, 2014, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to repeal Section 26-81 of the Code of Ordinances regarding pro-rata charges and an amendment of Article 22 “Fee Schedule” of the Unified Development Code to create Section 22.2.29 pro-rata charges, including types of reimbursable costs, and an amendment of Section 22.2.3.7 to establish a pro-rata transportation and filing fee; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance repealing Section 26-81 of the Code of Ordinances regarding pro-rata charges and amending Article 22 “Fee Schedule” of the Unified Development Code creating Section 22.2.29 pro-rata charges, including types of reimbursable costs, and amending Section 22.2.3.7 establishing a pro-rata transportation and filing fee for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on June 2, 2014, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on June 17, 2014 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Section 26-81 of the Code of Ordinances and Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print and deleted text being shown in with a single line strikethrough with, as follows:
Sec. 26-81. Pro rata charges established Reserved.
(a)
A charge which shall be known as the pro rata shall be made against each lot or tract of land and the owner thereof whose water and sewer line shall be hereafter connected with any water main or sanitary sewer line in the city constructed by a developer with whom the city has contracted for reimbursement of oversizing or constructing water or sewer mains or lines. The charge shall be at a rate per lot or acre as was agreed to by such contract which shall be based on total evaluated or contract cost divided proportionately by the acreage or number of lots served.
(b)
Pro rata charges shall be collected at the time of platting or, if the city's records do not show that such pro rata charges were paid at the time of platting, prior to issuance of a building permit.
(c)
Such charges shall be placed in trust funds for the reimbursement of the developer who oversized the line and transmitted to such developer as soon as practicable.
(d)
Pro rata contracts shall not exceed ten (10) years; and, upon expiration, such charge shall not be collected.
(Code 1964, Amended, § 28.15; Ord. No. 3050, § 1, 5-15-79; Ord. No. 3168, § 1, 10-7-80; Ord. No. 3857, § V, 9-24-85; Ord. No. 4696, § 7, 6-12-90)
Editor's note-
Former § 26-81 pertained to pro rata charges, was repealed by § Ord. No._____, adopted June 17, 2014, and derived from the Code 1964, Amended, § 28.15; Ord. No. 3050, § 1, 5-15-79; Ord. No. 3168, § 1, 10-7-80; Ord. No. 3857, § V, 9-24-85; Ord. No. 4696, § 7, 6-12-90
22.2.29 - Pro rata Charges
A charge which shall be known as the pro rata shall be made against each lot or tract of land and the owner thereof whose water and wastewater line shall be hereafter connected with any water main or wastewater line in the City constructed by a developer with whom the City has contracted for reimbursement of oversizing or constructing water or wastewater mains or lines. The charge shall be at a rate per lot or acre as was agreed to by such contract which shall be based on total evaluated or contract cost divided proportionately by the acreage or number of lots served.
a) Costs available for pro rata reimbursement are:
i.) Materials, labor and materials testing for the installation of the public infrastructure
ii.) Staking and layout ($/LF)
iii.) Trench Safety ($/LF)
iv.) Testing ($/LF and/or $/ea for manhole)
v.) Spoils removal ($/CY)
vi.) Pavement and sidewalk repairs ($/SY)
vii.) Inspection fees at 4% of the sum of values i - vi above
viii.) Engineering design fees ($/LF) are not to be included in the calculation of vii above.
The developer shall provide to the City proof of estimated costs or actual costs when possible. Costs shall be reviewed by the City prior to forwarding the pro rata for execution.
b) Pro rata charges shall be collected at the time of platting or, if the City’s records do not show that such pro rata charges were paid at the time of platting, prior to issuance of a building permit.
c) Such charges shall be placed in trust funds for the reimbursement of the developer who oversized the line and transmitted to such developer as soon as practicable.
d) Pro rata contracts shall not exceed ten (10) years; and, upon expiration, such charges shall not be collected.
The pro rata shall become effective once executed by the City Manager’s office and the documentation shall be recorded by the City within the County of the lots served by the water or wastewater line. The developer shall pay the costs for recordation as outlined in Article 22.2.3.7 Filing Fees.
22.2.3.7 Filing Fees:
Applicant/Owner Filing:
|
Dallas County |
In Accordance with County Fee Schedule |
|
Tarrant County |
In Accordance with County Fee Schedule |
|
Ellis County |
In Accordance with County Fee Schedule |
|
Johnson County |
In Accordance with County Fee Schedule |
Staff Filing for Plats:
Filing for Pro-rata:
SECTION 2
THAT all other provisions of the Code of Ordinances and Article 22 “Fee Schedule” of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 17th Day OF June, 2014.
ORDINANCE NO. 9727-2014
CASE NO. TA140604