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02-57 - O . 5300 0025L '+ 20012- 01 710,33 TOWN OF PROSPER, TEXAS ORDINANCE NO. 02-57 AN ORDINANCE OF THE TOWN OF PROSPER TEXAS, AMENDING ORDINANCE NOS. 95-01, 01-24 AND 02-19 IN REGARD TO AMENDMENTS TO IMPACT FEES TO BE ASSESSED BY THE TOWN OF PROSPER, TEXAS; ASSESSING AN IMPACT FEE FOR THOROUGHFARES; 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 Nos. 95-01, 01-24 and 02-19 of the Town of Prosper,Texas ("Prosper") establishing impact fees to be assessed by Prosper; and WHEREAS, Prosper has fully complied with Chapter 395, Local Government Code, concerning the notice, adoption,promulgation and methodology necessary to adopt land use assumptions and a capital improvement plan establishing impact fees and has properly adopted Ordinance Nos. 95-01, 01-24 and 02-19; and WHEREAS, the Town Council desires to amend the land use assumptions to amend the amount of impact fees for water and wastewater; and WHEREAS, the Town Council desires to amend the land use assumptions and amend the capital improvement plan to include impact fees for thoroughfares; and WHEREAS,the Town Council finds that Prosper has reviewed the land use assumptions and capital improvement plan adopted under Ordinance No. 95-01 in compliance with Chapter 395, Local Government Code; and WHEREAS, the Town Council adopted Ordinance No. 02-41 setting a public hearing to discuss the amendment and imposition of the impact fees described herein; and WHEREAS, on November 12, 2002,the Town Council held a public hearing to discuss the proposed ordinance amending and imposing the impact fees; and WHEREAS,before the thirtieth(30th)day before the date of the public hearing on the amendment and imposition of an impact fee, Prosper sent a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the Town Secretary, or other designated official of Prosper,requesting notice of the hearing, if any, within two (2) years preceding the date of the adoption of Ordinance No. 02-41 setting the public hearing; and WHEREAS,the Town Council published notice of the public hearing before the thirtieth (30th)day before the date set for the public hearing in one(1) or more newspapers of general IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 1 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc 5300 002545 circulation; and WHEREAS, the notice of public hearing contained a head line which read as follows: "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVMENTS PLAN RELATING TO POSSIBLE ADOPTION OF IMPACT FEES"; and WHEREAS, the notice of public hearing contained the time, date and location of the hearing; and WHEREAS,the notice of public hearing contained a statement that the purpose of the hearing is to consider the adoption of impact fees; and WHEREAS, the notice of public hearing contained the amount of the imposed impact fees per service unit; and WHEREAS,the notice of public hearing contained a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fees; and WHEREAS, the Town Council finds that Prosper has, within sixty(60) days after the date it received and reviewed the land use assumptions and the capital improvement plan and assessment of impact fees, adopted Ordinance No. 02-41 setting a public hearing to discuss and review the assessment of impact fees and determine whether to amend and adopt the same; and WHEREAS, on or before the date of the first publication of the notice of the public hearing on the amendments and modification, including the amount of the proposed amended impact fee per service unit, such information was made available to the public; and WHEREAS, the Town Council held a public hearing to discuss the proposed amendments to the land use assumptions, capital improvement plan and impact fees for water, wastewater and thoroughfares; and WHEREAS,the Town Council finds that the Advisory Committee, created under Section 395.058, Local Government Code, filed its written comments on the proposed amendments to the land use assumptions, capital improvements plan and impact fees for water, wastewater and thoroughfares before the fifth(5th)business day before the date of the public hearing on the amendments; and WHEREAS, the Town Council finds that, within thirty(30)days after the date of the public hearing on the proposed amendments to the land use assumptions, the Town Council is approving amendments to the land use assumptions, capital improvement plan and impact fees for water, wastewater and thoroughfares are more fully set forth below; and IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 2 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc 5300 0025E46 WHEREAS, the Town Council finds that Prosper has fully complied with Chapter 395, Local Government Code,to approve the proposed land use assumptions, capital improvement plan and impact fees for water, wastewater and thoroughfares charged per service unit; and WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper to adopt such land use assumptions, capital improvements plan and amend and adopt the impact fees for water,wastewater and thoroughfares. NOW,THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Compliance with the Law. This Ordinance is adopted pursuant to the provisions of Chapter 395, Local Government Code, and Article 11, Section 5, of the Texas Constitution. The Town Council finds that Prosper has fully complied with the notice, adoption, promulgation and methodology necessary to adopt the updated and revised land use assumptions and capital improvements plan and establish amended impact fees as set forth herein. SECTION 3: Land Use Assumption Update. The proposed land use assumptions have been reviewed and evaluated, and the Town Council finds that the proposed Land Use Assumptions for Impact Fees for the years 2001-2012,which is attached hereto and incorporated herein for all purposes as Exhibit"A", should be and are approved. SECTION 4: Capital Improvements Plan Update. The capital improvements plan has been reviewed and evaluated and the Town Council finds that the proposed capital improvements plan, attached hereto and incorporated herein for all purposes as Exhibit`B", should be and is approved. SECTION 5: Impact Fees Amended. The proposed impact fees have been reviewed and evaluated and the Town Council finds that the proposed impact fees as set forth in Exhibit`B" should be and are approved. In Exhibit`B", the impact fees for water and wastewater is shown as"Maximum Charge Per Unit(1/2 impact fee)". SECTION 6: Thoroughfare Impact Fees. The proposed thoroughfare impact fees have been reviewed and evaluated, and the Town Council finds that the proposed thoroughfare impact fees as set forth in Exhibit`B" should be and are approved. In Exhibit`B"the impact fee for thoroughfares is shown as"Maximum Charge Per Unit". IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 3 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc 5300 002547 • SECTION 7: Amendments to Ordinance No. 95-01 (Section 3). Prosper Ordinance No. 95-01; Section 3 (Definitions) is amended as follows: SECTION 3: S. Service Area: In the case of Impact Fees for water and wastewater facilities, the entire area within the territorial boundaries of Prosper to be served by the capital improvements and facilities expansions specified in the Capital Improvements Plan. In the case of Impact Fees for thoroughfares, each individual area designated in the Land Use Assumption served by the Roadway Facilities designated in the Capital Improvements Plan. V. Service Unit: A service unit is defined for the purpose of Impact Fee assessment as the average water consumption and wastewater production of an acre of equivalent single- family residential land use. Each unit is assumed to contain 3.0 persons per dwelling units for the ten(10)year and ultimate projections. Z. Roadway Facilities: Arterial or collector streets or roads that have been designated on Prosper's official adopted roadway plan, together with all necessary appurtenances. The term includes,but is not limited to, Prosper's share of costs for roadways and associated improvements designated on the federal or Texas highway system, including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights of way. The term also includes,but is not limited to, interest in land, traffic lanes, street lighting, intersection improvements, traffic control devices and turn lanes associated with the roadway or street lighting. SECTION 8: Amendments to Ordinance No. 95-01 (Section 5). Prosper Ordinance No. 95-01, Section 5 (Calculation of Impact Fees) is amended as follows: SECTION 5: Calculation of Impact Fees. A. Impact Fees shall be determined by multiplying the number of service unit equivalents in the proposed development by the amount per service unit equivalent due under Exhibit"B". The number of service unit equivalents shall be determined by using the conversion table contained in IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 4 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc 5300 002548 Exhibit`B". B. If a development, subject to assessment of Impact Fees under this Ordinance, has an actual area coverage that varies from the average area coverage used as the basis for determination of Impact Fees as contained in Exhibit`B",the Impact Fees assessed shall be determined by multiplying the fees calculated in accordance with the preceding paragraph by a ratio, the numerator being the actual area coverage and the denominator being the average area coverage per Exhibit`B". SECTION 9: Amendments to Ordinance No. 95-01 (Section 18). Prosper Ordinance No. 95-01, Section 18 (Adoption of Impact Fee Analysis for Water and Wastewater) is amended to read as follows: SECTION 18: Adoption of Impact Fee Analysis for Water, Wastewater and Thoroughfares. The Impact Fee Analysis for Water, Wastewater and Thoroughfares dated September 12, 2002 and attached hereto as Exhibit "B"is hereby approved and adopted as the Capital Improvements Plan of Prosper. SECTION 10: Saving/Repealing Clause. Prosper Ordinance Nos. 95-01, 01-24 and 02- 19 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 11: 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 12: Effective Date. This Ordinance shall become effective N OY, , 9.(9)), , 2002. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS on this 12th day of November, 2002. 100001 J ES DUNMIRE, Mayor IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 5 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc • V V% % 5300 00251,19 ATTESTED AND CORRECTLY REC RD D: d)aibQ1-14Q - A1VFt'P a ILLIPS; O;Ywn.5. ,t 4. • .43 •VI r .3t r �. % l .• E t' Date of Publication: November 15, 2002 McKinney Courier Gazette IMPACT FEE ORDINANCE(AMEND ORDINANCE NOS.95-01,01-24 AND 02-19)-Page 6 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 02-57.doc )(22% /eilt .ft 530 aa '- 550 6.7a pito:1,e))) • 0- b))( 30 ? r-3h-bv-4, `j K -75D7 g ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,RENTAL,OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW COUNTYOfCOLLIN) (THE STATE OF TEXAS) I hereby certify that this instrument was FILED in the File Number Sequence on the elate nthe time odrbyme; and was my RECORDED,in the Oticial Public and Realr Properly Col County, NOV 1 9 2002 � < Collin{ .ou n y, flcKinney TX Honorable Helen Starnes Collin County Clerk On Nov 19 2002 At 11:53am Doc/Num : 2002- 0171033 Recording/Type:OR 21.00 Receipt #: 41275 I , ' ?L i =E HFR ' S AFFIDAVIT ' THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of The McKinney Courier-Gazette and that said newspaper meets the requirements of Section 201.004, 201.00/5�and 201.006 of the Texas Government Code, to wit: la Printer's Fee $ , No. CJ 02 -J7 Description: a-71'l2-12-7t.-cc61• Pii _ C_)---1,140- i.AllitietA—(z--- _________________. IA It devotes not less than twenty-five percent (251) of its total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit; c VAp. %!Of, L , 2002 AD � E and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who is personally known to me, or b) provided the following evidence to establish his/her identity, on this the / day of .D. 2002 to certify whic witness my hand and seal of office. ( 6CZ-- 11-----e---- Ge_ (... e.e-----__ Notary blic, State of Texas (SEAL) COMMISSION EXPIRES • _ ___ LAVERNE GRAVES J Notary Public,State of Texas /��, My Commission Expires 05-12.2005 TOWN OF PROSPER _,XAS ORDINAN"'' NO. 02-57 AN ORDINANCE OF THE TOWN OF PROSPER TEXAS, AMENDING ORDINANCE NOS. 95-01, 01,24 AND 02-19 IN REGARD TO AMENDMENTS TO IMPACT FEES TO BE • ASSESSED BY THE TOWN OF PROSPER,TEXAS; ASSESSING AN IMPACT FEE FOR THOROUGHFARES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. To be published in the McKinney Courier-Gazette on Friday,November 15,2002. TOWN OF PROSPER,TEXAS ORDINANCE NO.02-57 AN ORDINANCE•OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NOS.95-01,01- 24 AND 02-19 IN REGARD TO AMENDMENTS TO IMPACT FEES TO BE ASSESSED BY THE TOWN OF PROSPER, TEXAS; ASSESSING AN IMPACT FEE FOR THOROUGHFARES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.