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HomeMy WebLinkAboutOrdinance 4492 ORDINANCE NO, 4492 AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS § 159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION CA, TIME OF COLLECTION AND ENACT A NEW SUBSECTION C. 1 TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN EMERGENCY WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the time of collection prescribed in Act 1719; and WHEREAS, the Fayetteville Impact Fee Ordinance for water and sewer (§ 159.02 of the U.D.O.) shall go into effect on June 16, 2003, and must be effectively amended prior to that time to comply with state law and prevent disorder. Therefore in order to prevent confusion and confrontation that could endanger the peace and safety of Fayetteville citizens, this ordinance amending the Impact Fee Ordinance must go into effect immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.02 C. I . and in its stead adopts and enacts the new § 159.02 C. I . as stated below: "C. Time of collection. 41 . Water and wastewater impact fees shall be paid at the time of installation of the water meter serving the property or of the connection to the wastewater system, whichever comes first." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby declares an emergency exists such that this ordinance shall take effect immediately upon its adoption in order to prevent potential breaches of the peace and safety for our citizens which would result if our impact fee ordinance was not amended prior to its effective date so as to comply with state law. Because of such emergency, this ordinance shall be in full force and effect as soon is it is passed by the City Council and signed by the Mayor. Ord. No. 4492 Page 2 1PASSED and APPROVED this the 3rd day of June, 2003 . • APPROV AN COODY, Mayor Sondra Smith, City Clerk NAME OF FILE: Ord. No. 4492 CROSS REFERENCE: ' Item # Date Document 1 06/03/03 10rd. No. 4492 2 05/21/03 IStaff Review Form w/attachments: draft ordinance memo to mayor city/council proposed amendments copy of Ord. 4447 3 06/11/03 memo to Tim Conklin Af NOTES: NORTHVA71�ST ARKANSAS �1 TTI �NE� Arkansas Democrat Gazette. AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legc4l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas , and that from my own personal knowledge and reference to the files of said publication , that advertisement of: / was inserted in the regular editions on PO#f ** Publication Charge: $ 5. C / Subscribed and swom to before me this 7 day of , 2003. aA A L 0 V11 otary Public My Commission Expires: 5- 1 -07 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JUN 3 0 2003 OFFICIAL SEAL SHF.RI DENISE SUTTON C IT r. � IC E NOTARY PUBLIC , ARKANSAS crrvCLrAt`5oFr+CE WASHINGTON COUNTY COMMISSION EXP, 06/01/07 212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 ORDINANCE NO. 4492 AN ORDINANCE TO AMEND ORDINANCE NO, 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION C.1 . TIME OF COLLECTION AND ENACT A NEW SUBSECTION CA TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN p EMERGENCY. City of Fayeft Wile WHEREAS, Act 1719 of 2003 was Wendy passed by the legislature and signed nto few by Gwenlor Huckabee; and WHEREAS. Act 1719 requuas axisiblg inti fee Ordinenc0^ t0 comply with the tune Of collection prescribed! in Act 1719; and r WHEREAS, the FaystfiWile Impact Fee Ordnance for water and sewer (5159.02 of the O.D.O.) shal go Vito effect On June 18, 2003, and must be 09(telvey amended p for t0 that time to comply with state iaw and prevant t iforder. Therefore h O W tO Prevent m kW and mnfmnMa that mold endanger the peace and safety of Fayetteville atizens, this ordirlwce amerbing the Impact Fee Ordnance must go Vito effect Immediately upon its passage. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CfTy OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council Of the Cay of Fayetteville, Arkansas hereby repeals §159.02 C.1, and n j Its stead adopts and enacts the new §159,02 C.1. as stated below: 'C. Time of collection. 1. Water and wastewater Lnmct fees shall be paid at the time of Installation of the water meter serving Me property or of the connection to the wastewater system, whlchaver comas first' Section 2. That the City Council of the City of Fayettaellle, Arkansas hereby declares an emergency exists such that this Ordinance shall take effect immediately upon its atloption In order to prevent potential breaches of the peace and safety for per citizens which would result If Our impact fee ordinance was not amended prior to its effective date so es t0 mmpy with state law. Because of such emergency, this II ordnance shall be in full force and effect as soon Is it is passed by the City Council and signed by Ne Mayor. PASSED and APPROVED this the 3rd day of June, 2003. APPROVED: By: DAN COODY, Mayor ATTEST. By: Sandi Smth, City Clerk }� H f �. FAYETTEVTLLE THE CITY OF FAYETTEVIEEE, ARI(AHSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin CPE Services From: Clarice Buffalohead-Pearman City Clerk's Division Date: 6/11/2003 Re: Ordinance 4492 Attached hereto is a copy of the above ordinance repealing and amending §159.03 (C)(1 ). The original ordinance will filed in the city clerk's office, microfilmed and published in a paper of general circulation per Arkansas statutes. If anything else is needed please let the city clerk's office.know. . Icbp Attachment(s) cc: Nancy Smith, Internal Auditor tom-. N5� A &hz* d 15q.oa Cc ) (J ) STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION x AGENDA REQUEST For the Fayetteville City Council meeting of June 3, 2003 FROM: Tim Conklin Planning CPE Services Name Division Department ACTION REQUIRED: To amend Chapter 159.02 (C) (1 ) "Water and Wastewater Impact Fees" (Ordinance No. 4447) to change the time of collection to installation of the water meter or connection to the wastewater system. To amend Chapter15 2 (D) ( 1 ) Schedule of Fees to ove the word "average" er th� use classification o single-family. [ K SUMMARY XPLA ATI STAFF RECOMMENDATION: Approval Staff recommends approval of the amendments to Chapter 159. Diy4; Received in Mayor's Office ton ea / ate a[�e ((( K A t 26 -63 pity—Attorney ate Cross Reference epa�l5irector Date Prev Ord/Res #: F] ante n ntema ervtces 6irector / Gate Orig. Contract Date: S v'O3 Orig. Contract No: �mstra rve icer Date icer ate New Item: Yes x No a or ate ORDINANCE NO, AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT ORDINANCE TO REPEAL SUBSECTION C.1, TIME OF COLLECTION AND ENACT A NEW SUBSECTION C.1 TO CONFORM TO NEW STATUTORY REQUIREMENTS AND TO PROCLAIM AN EMERGENCY WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the time of collection prescribed in Act 1719; and WHEREAS, the Fayetteville Impact Fee Ordinance for water and sewer (§159.02 of the UDO) shall go into effect on June 16, 2003, and must be effectively amended prior to that time to comply with state law and prevent disorder. Therefore in order to prevent confusion and confrontation that could endanger the peace and safety of Fayetteville citizens, this ordinance amending the Impact Fee Ordinance must go into effect immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02 C.1 . and in its stead adopts and enacts the new §159.02 C.1 . as stated below: "C. Time of collection. "1 . Water and wastewater impact fees shall be paid at the time of installation of the water meter serving the property or of the connection to the wastewater system, whichever comes first." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby declares an emergency exists such that this ordinance shall take effect immediately upon its adoption in order to prevent potential breaches of the peace and safety for our citizens which would result if our impact fee ordinance was not amended prior to its effective date so as to comply with state law. Because of such emergency, this ordinance shall be in full force and effect as soon is it is passed by the City Council and signed by the Mayor. PASSED and APPROVED this the 3rd day of June, 2003. APPROVED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575$264 COMMUNITY PLANNING AND ENGINEERING SERVICES CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Tim Conklin, Community Planning and Engineering Services Director�C DATE: May 16, 2003 SUBJECT: Amendment to Chapter 159 Water and Wastewater Impact Fees BACKGROUND Staff is meeting weekly to setup the procedures and training for the collection of impact fees pursuant to Chapter 159 "Ordinance No. 4447' and to Act 1719 of 2003 passed by the 84`h General Assembly and signed by the Governor. Staff has identified several amendments that need to be made prior to June 16, 2003 . These amendments follow (f)(2)(b) of Act 1719 which allow impact fees to be collected ". . . in connection with and as a condition to the installation of the water meter serving the property. The proposed amendments include: • Changing the time of collection from building permit to installation of the water meter or connection to the wastewater system • Removing the word "average" in the schedule of fees for single family CURRENTSTATUS Ordinance to amend chapter 159 has been drafted for City Council approval. RECOMMENDATION Staff recommends approval of the amendments to Chapter 159. PROPOSED AMENDMENTS TO CHAPTER 159 IMPACT FEE ORDINANCE NO, 4447 C. Time of Collection Existing 1. Water and wastewater impact fees for new development shall be paid prior to the issuance of a new or larger water meter, connection to the wastewater system, or issuance of a building permit; whichever comes first. Proposed 1. Water and wastewater impact fees for new development shall be paid at the time of installation of the water meter serving the property or connection to the wastewater system bud&ngpern it; whichever comes first pursuant to Act 1719 of 2003. Rate Schedule — Remove the word "average" ORDINANCE NO. 4447 MICROFILMED AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT ORDINANCE, OF THE CODE OF FAYETTEVILLE, REGULATING COLLECTION AND DISBURSEMENT OF WATER AND WASTEWATER RvIPACT FEES WHEREAS, the protection of the health, safety, and general welfare of the citizens of the City requires that the water and wastewater systems of the City be expanded and improved to meet the demands of new development; and WHEREAS, the creation of an equitable impact fee system would enable the City to impose a proportionate share of the costs of required improvements to the water and wastewater systems on those developments that create the need; and WHEREAS,, the Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's water and wastewater systems; and WHEREAS, the water and wastewater impact . fees described in this Ordinance are based on the Impact Fee Study, and do not exceed the costs of acquiring additional land and the costs of acquiring or constructing additional facilities or equipment required to serve the new developments that will pay the fees; and WHEREAS, the types of improvements to the water and wastewater systems considered in the Impact Fee Study will benefit all new connections to the City's water and wastewater systems, and it is therefore appropriate to treat the City's entire utility service area as a single service area for purposes of calculating, collecting, and spending the impact fees for each type of facility; and WHEREAS, there is both a rational nexus and a rough proportionality between the development impacts created by each type of new development covered by this Ordinance and the water and wastewater impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which impact fees paid by new developments will be used to expand the water and wastewater systems, so