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HomeMy WebLinkAbout2014-3545 - Ordinance - 01/09/2014ORDINANCE NO. 2.0 14 -?545 AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADOPTING SECTION 12 RELATING TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS; ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL TO CREATE MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY OR THE CITY'S AREA OF EXTRATERRITORIAL JURISDICTION; REQUIRING DEPOSITS FOR COSTS INCURRED; REQUIRING PREREQUISITE DOCUMENTATION FOR CONSENT AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; AND AMENDING CHAPTER 14, "SERVICE FEES", SECTION 14-6 "DEVELOPMENT SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SUBSECTION B. RELATING TO THE FEES TO BE PAID IN CONJUNCTION WITH THE CREATION AND OPERATION OF MUNCIPAL UTILITY DISTRICTS. WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Texas Local Government Code give the City authority relating to the creation and operation of special purpose districts, including municipal utility districts, located within the City or its extraterritorial jurisdiction; and WHEREAS, the creation of municipal utility districts may affect the City's ability to implement the City's Comprehensive Plan; and WHEREAS, the City may benefit from the creation of municipal utility districts in which infrastructure costs and services for such districts are funded through the districts; and WHEREAS, a municipal utility district that finances public infrastructure benefits development by enabling development to reduce debt through the use of public financing; and WHEREAS, creation of a municipal utility district should benefit the community generally in addition to the benefits realized by properties located within such districts; and WHEREAS, the City wishes to amend the City's Code of Ordinances relating to the City's exercise of its authority over municipal utility districts in the City and the City's extraterritorial jurisdiction; now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That Chapter 14, "Service Fees", Section 14-6 "Development Fees", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "B", attached hereto and made a part hereof for all purposes. PART 3: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PASSED, ADOPTED and APPROVED this 9th day of January, 2014. APPROVED: Mayor ATTEST: APPROVED: (athLiq,k4/wtr-kJ City Attorney EXHIBIT "A" That Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 12 in its entirety as follows: SECTION 12: CREATION OF MUNICIPAL UTILITY DISTRICTS A. District defined. In this section, a district means any municipal utility district, created and operating under the authority granted by Section 59, Article XVI of the Texas Constitution. B. Compliance with policies. Any municipal utility district to be created within the City of College Station or its extraterritorial jurisdiction must, as a condition of its creation, comply with written policies adopted by the City Council. C. Reimbursement for expenses. (1) Petition to create district. Within six (6) months after consent to the creation of a district is given by the City, or within three (3) months after the district is created by the Texas Commission on Environmental Quality or its successor agency, whichever is later, the owner or the developer of the land within the district must pay the fee established pursuant to Chapter 14, "Service Fees", to reimburse the City for expenses relating to processing the petition to create the district. (2) Petition to annex or acquire land. To partially reimburse the City for expenses related to a district's annexation or acquisition of land, the owner or developer of land within the district that has not paid the council - approved fee to process the petition to create the district must make a one- time payment in the amount established pursuant to Chapter 14, "Service Fees", within six (6) months after receiving the City's consent to annex or after the district acquires land that is: (a) (b) Not contiguous to the district's boundaries; or Contiguous to the district's boundaries and greater than five (5) acres. (3) Infrastructure plan review and inspection fee. (a) Defined. The infrastructure plan review and inspection fee means the fee established pursuant to Chapter 14, "Service Fees", to reimburse the City for engineering and planning fees and expenses related to the City's: (i) (ii) Review of plans and specification of the district's facilities; and Inspection of the district's facilities. (b) When fee required. In addition to the other district fees required by this section, the owner or developer of land within a district that constructs public infrastructure must pay the City the infrastructure plan review and inspection fee when a district: (i) Is created; or (ii) Annexes new land into the district or acquires land and public infrastructure improvements are constructed in the newly annexed or acquired area. (c) When paid. The infrastructure plan review and inspection fee must be paid each time the owner or developer of land within the district requests: The City's initial acceptance of the public infrastructure located in the city limits; or A letter from the City confirming that the public infrastructure within the district located in the City's extraterritorial jurisdiction complies with the City's ordinances and regulations applicable to public infrastructure within the City. EXHIBT "B" That Chapter 14, "Service Fees", Section 14-6, "Development Fees" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Subsection B. in its entirety as follows: B. Municipal Utility District Fees. (1) Fee to process petition to create district. (2) Fee to process petition to acquire or annex land. (3) Infrastructure plan review and inspection fee.