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i ''• TOWN OF PROSPER, TEXAS ORDINANCE NO. 0 /
AN ORDINANCE OF THE TOWN OF PROSPER TEXAS, AMENDING
ORDINANCE NO. 95-01 REGARDING IMPACT FEES TO BE ASSESSED
BY THE TOWN OF PROSPER, TEXAS IN ORDER TO COMPLY WITH
THE NEWLY ENACTED REQUIREMENTS OF SENATE BILL 243
WHICH AMENDS CHAPTER 395 OF THE LOCAL GOVERNMENT
CODE; ESTABLISHING A COLLECTION DATE; ESTABLISHING A
PLAN FOR AWARDING CREDITS FOR IMPACT FEE CHARGES;
ESTABLISHING A DATE TO CALL A PUBLIC HEARING FOR
AMENDING THE TOWN OF PROSPER, TEXAS' IMPACT FEES;
PROVIDING FOR THE COLLECTION OF INTERIM IMPACT FEES;
AUTHORIZING THE MAYOR TO SIGN THE APPROPRIATE
COMPLIANCE STATEMENT; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council')) has
previously adopted Ordinance No. 95-01 of the Town of Prosper, Texas ("Prosper") establishing
impact fees to be assessed by Prosper; and
WHEREAS, the 77th Legislative Session enacted a bill amending Chapter 395 of the Local
j Government Code which provided for, among other things, the time at which a political
subdivision may collect impact fees and the requirement that a political subdivision prepare a plan
for awarding credits to impact fee charges as part of its capital improvements plan; and
WHEREAS, such amendments to Chapter 395 of the Local Government Code went into
effect September 1, 2001; and
WHEREAS, Prosper desires to take advantage of its ability to charge impact fees and to
comply with the provisions of Senate Bill 243.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION l: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Ordinance No. 95-01. Ordinance No. 95-01 is amended to
read as follows (amended sections in italics):
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A. Section 3: Definitions.
K. Impact Fees: A charge or assessment imposed as set forth in this
Ordinance against new development. The term does not include:
Required dedications of land for public parks or payments in lieu
thereof;
2. Dedication of rights -of -way or easements or construction or
dedication of on -site or off -site water distribution, waste water
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;
3. Lot or acreage fees or pro-rata fees to be placed in trust funds for
the purpose of reimbursing developers for oversizing or
constructing water or sewer mains or lines; or
4. Other pro rata fees for reimbursement of water or sewer mains or
lines extended by Prosper.
B. Section 4: Assessment and Collection of1mpact.Fees.
A. Impact Fees shall be assessed and collected at the time of
permitting, or in the cases within Prosper's extraterritorial -.jurisdiction, at the
time an application is filed for an individual meter connection for water or
wastewater. No wastewater Impact Fee will be collected on property tracts
greater than one (1) acre, if a septic tank system is utilized; the septic tank system
must be approved by Prosper.
E. Receipt by Prosper of the Impact Fees payable under this section
is a condition to the issuance of a building permit or water utility connection and
service, as the case may be.
C. Section 13: Periodic Updates Required.
The Land Use Assumptions and Capital Improvements Plan upon which
Impact Fees are based shall be updated at least every five (5) years.
Alternatively, the Town Council may, pursuant to the provisions of Section
395.0575 of the Local Government Code, V.A. T.S., make a termination that no
such update is required.
<� IMPACT FEE ORDINANCE - Page 2
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SECTION 3: Plan for Awarding Credits. The Capital Improvements Plan is hereby
L_1 amended to include a Plan for Awarding Credits. Credits shall be granted for the portion of ad
valorem tax and utility service revenues generated by new service units during the program period
that is used for the payment of improvements, including the payment of debt, that are included in
the Capital Improvements Plan. Alternatively, a credit equal to fifty percent (50%) of the total
projected cost of implementing the Capital Improvements Plan may be granted.
SECTION 4: Advisory Committee. The Advisory Committee shall oversee a review of
the methodologies and calculations used to generate the Capital Improvements Plan in order to
determine if a credit is to be awarded.
SECTION 5: Public Hearing. The Town Council hereby calls a public hearing to be set
by the Town Administrator at least thirty (30) days prior to the hearing date for the purpose of
establishing a credit for Impact Fees established under this Ordinance. The Town Administrator is
hereby directed to undertake and publish all necessary notices to call such hearing in accordance
with this provision and as required by law.
SECTION 6: Interim Impact Fees. During the review period, maximum Impact Fees set
out in the Capital Improvements Plan shall be assessed and collected. In the event it is determined
that a credit shall be awarded to those fees set out in the Capital Improvements Plan,
reimbursements for such credits shall be applied to the Impact Fees collected during the review
period.
SECTION 7: Certificate of Compliance Statement. The Mayor is hereby authorized to
sign the appropriate compliance statement under Senate Bill 243 acknowledging compliance with
the requirements of Senate Bill 243.
SECTION 8: Saving/Repealin Cg lause. Prosper Ordinance No. 95-12 shall remain in full
force and effect, save and except as amended by this or any other ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any
pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent
prosecution from being commenced for any violation if occurring prior to the repeal of the
Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect.
SECTION 9: Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 10: Effective Date. This Ordinance shall become effective immediately upon its
adoption.
EVOACT FEE ORDINANCE - Page 3
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DULY PASSED AND PROVED BTHE TO COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this day of 206f
4
ATTESTED AND CORRECTLY
RETRDED:
r I A
AMBER PHILLIPS,
Town Secretary
JAAS DUNMIRE, Mayor
APPROVED AS TO FORM:
ABERNATHY, ROEDER, BOYD &
JOPLIN, P.C.
Town Attorneys
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EVIPACT FEE ORDINANCE - Page 4
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