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HomeMy WebLinkAbout2025-4632 - Ordinance - 09/25/2025ORDINANCE NO.2025-4632 AN ORDINANCE AMENDING CHAPTER 107, "IMPACT FEES," ARTICLE I, "RESERVED," SECTION 107-1, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING CERTAIN SECTIONS RELATING TO AN IMPACT FEE ADVISORY COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 107, "Impact Fees," Article I, "Reserved,"," Section 107-1 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2025-4632 Page 2 of 4 PASSED, ADOPTED and APPROVED this 25" day of September, 2025. ATTEST: City Secretary APPROVED: I'I,SUG U)Lf f U4, City Attorney APP' OVFP��&� Mayor ORDINANCE NO. 2025-4632 Page 3 of 4 EXHIBIT A That Chapter 107, "Impact Fees" Article I, "Impact Fee Advisory Committee," Section 107-1 of the Code of Ordinances of the City of College Station, Texas, shall hereby read as follows: Sec. 107-1. — Impact Fee Advisory Committee A. Creation. An Impact Fee Advisory Committee is created for the purpose of reviewing impact fee land use assumptions and capital improvements plans and to perform such other duties in accordance with Chapter 395 of the Texas Local Government Code, as amended. The Impact Fee Advisory Committee shall also act as the Capital Improvement Advisory Committee. The City Council shall adopt this ordinance as the rules of procedure. B. Membership and Terms. The City Council shall appoint eight (8) voting members. Members must be residents of the City of College Station and eligible voters. 1. Membership Representation. The City Council may appoint members from the following areas: a. Four (4) members from the real estate, development, or building industries who are not employees or officials of the City or a governmental agency; b. Two (2) members of the Planning and Zoning Commission, one of them being the Chair or their designee; and c. Two (2) ad hoc members. 2. Terms, term limits, vacancies, and officers. The committee members term is three (3) years. Terms are limited to six (6) consecutive years. Vacancies are filled by the City Council for the unexpired term of any member whose position becomes vacant. Members appointed to fill vacancies on the committee are for the remainder of the unexpired term of the predecessor. C. Officers, Meetings, Quorum. 1. Officers. A chairperson is appointed annually by the City Council. The Impact Fee Advisory Committee shall select a vice -chairperson from among its members as needed. 2. Meetings. Members of the Impact Fee Advisory Committee shall meet as necessary to fulfill its designated responsibilities. The Committee may regularly meet. The chairperson shall designate the time and place of such meetings by direction of City Council or City Manager. ORDINANCE NO. 2025-4632 Page 4 of 4 3. Quorum. Five (5) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present is a negative report. 4. Minutes. The Impact Fee Advisory Committee shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record. D. Powers and Duties. The Impact Fee Advisory Committee shall have the following powers and duties: 1. Advise and assist the City in adopting land use assumptions; 2. Review the capital improvements plan and file written comments; 3. Monitor and evaluate implementation of the capital improvements plan; 4. File semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and 5. Advise the City of the need to update or revise the land use assumptions, capital improvements plan, and impact fee.