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:
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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