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96-17 O - Amendment to Impact Fees CITY OF PROSPER, TEXAS ORDINANCE NO. 9 6- 17 AN ORDINANCE AMENDING THE IMPACT FEES BASED ON THE CAPITAL IMPROVEMENTS PLAN ASSESSED BY THE CITY OF PROSPER, TEXAS IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; REPEALING ANY CONFLICTING ORDINANCES; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION HEREOF. WHEREAS, the City Council of the City of Prosper, Texas ("City Council") finds that Prosper has met all statutory prerequisites for adopting amended land use assumptions as contained in Chapter 395, Local Government Code, including but not limited to, providing proper notice and conducting a public hearing; and WHEREAS, the City Council of the City of Prosper, Texas (the "City Council") has investigated and determined that it is in the best interest of the citizens of Prosper that the City of Prosper ("Prosper") should amend its' Impact Fees in order to pay certain costs associated with the construction and expansion of capital improvements serving the new development; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER: WHEREAS, the City Council finds that the Capital Impact Fees should be amended by redefining the"Service Unit" and by revising "Schedule 2 of the Equivalency Table (attached hereto as "Exhibit A") as follows: SECTION 3: Definitions. V. Service Unit: A service unit is defined for the purpose of Impact Fee assessment as the average water consumption and wastewater production of 1.0 single-family dwelling unit. ORDINANCE AMENDING IMPACT FEES FOR THE CITY OF PROSPER-Page 1 da/7/9/96/11:03 am/L:\MBOX8\PROSPER\IMPACT\IMPCTFEE.AMD/870076.201 • Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in the sum of not more than Five Hundred ($500.00) for each violation. Should any part or portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. All ordinances in conflict herewith are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. The caption of this Ordinance shall be published in accordance with the law and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER ON THIS THE 9 DAY OF JULY , 1996. ST OFFMAN, M ATTEST: APPROVED AS TO FORM: lam ,' EY J HARD M. ABERNATHY City Secretary D. KAY WOODS City Attorneys Date of Publication: JULY 15, 1996 , McKinney Courier Gazette ORDINANCE AMENDING IMPACT FEES FOR THE CI'I'Y OF PROSPER-Page 2 da/7/9/96/11:03 am/L:\MBOx8\PROSPER\IMPACT\IMPCTFEE.AMD/870076.201 • "EXHIBIT A" SCHEDULE 2 EQUIVALENCY TABLE Service Unit Equivalent Avg. Area Water Wastewater Street Land Use Type Coverage Facilities Facilities Facilities Residential 1.0* 1.0 1.0 N/A Retail/Commercial 10,890** 21.6 27.2 N/A Industrial 1.0*** 1.7 1.7 N/A * Dwelling Unit (DU) per Service Unit (equivalent to 1.0 Single-Family) ** Gross Square Feet (GSF)Building Area per Acre *** Gross Acre i\_ ) •