O429KENNEDALE ROADWAY IMPACT FEE ORDINANCE
ORDINANCE NO. 429
AN ORDINANCE AMENDING ARTICLE II, ROADWAY IMPACT FEES, OF
CHAPTER 20, STREETS AND SIDEWALKS, OF THE KENNEDALE CITY
CODE (1992), AS AMENDED, BY REVISING ROADWAY IMPACT FEES TO
BE COLLECTED ON NEW LAND DEVELOPMENT OR REDEVELOPMENT IN
THE CITY LIMITS OF THE CITY OF KENNEDALE, TEXAS; REVISING
EXHIBIT C, "SCHEDULE OF ASSESSED AND COLLECTED IMPACT FEES";
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale currently provides public roadway facilities that
serve land within its City limits; and
WHEREAS, the City is committed to providing public roadway facilities and minimum
levels of service by utilizing funds allocated in the capital budget and capital improvements
programming processes and relying upon the funding sources indicated therein; and
WHEREAS, the City Council has determined that new residential and nonresidential
development causes and imposes increased and excessive demands upon City facilities and
services, including roadway facilities that would not otherwise occur; and
WHEREAS, planning and zoning projections indicate that such development will
continue and will place ever-increasing demands on the City to provide necessary public
facilities; and
WHEREAS, to the extent that such new development places demands upon the public
facility infrastructure, the City Council has determined that those demands should be satisfied
by shifting the responsibility for financing the provision of such facilities from the public at large
to the developments actually creating the demands for them; and
WHEREAS, in accordance with state law, the City Council has previously adopted
impact fees to finance new development demands for roadway facilities; and
WHEREAS, the Capital Improvements Advisory Committee and the City Council have
reviewed the assessed and collected roadway impact fees adopted and have determined that
the the previously adopted impact fees should be updated; and
WHEREAS, the City Council now desires to update and amend the previously adopted
roadway impact fees to reduce the amount of impact fees to be collected for certain land uses.
t)rdinance '~o. 429. Roadway Impact Fee Amendment(03.04.09) Page 1 of 5
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
Exhibit C, "Schedule of Assessed and Collected Impact Fees attached hereto is hereby
amended and adopted and shall replace Exhibit C attached to Ordinance No. 371 adopted July
12, 2007, codified in Article II, Chapter 20 of the Kennedale City Code.
SECTION 2.
Sections 20-30, 20-31, 20-33, and 20-53 of the Kennedale City Code are hereby
amended to read as follows:
Sec. 20-30. Service units.
(a) Service units are established in accordance with generally accepted engineering
and planning standards.
(b) Service units utilized for calculation of roadway impact fees shall be as set forth
in Exhibit C attached to Ordinance No. 429.
(c) The city council may revise the calculation of service units according to the
procedures set forth in V.T.C.A., Local Government Code ch. 395.
Sec. 20-31. Impact fees per service unit.
(a) The assessed impact fee per service unit is computed by subtracting fifty (50)
percent of the total projected cost of implementing the capital improvement plans from the
capital construction cost in the capital improvement plans for that category of capital
improvements, and dividing that amount by the total number of projected service units
anticipated within the service area which are necessitated by and attributable to new
development, based on the land use assumptions for that service area. The assessed roadway
impact fees per service unit are set forth in Exhibit C, attached to Ordinance No. 429.
(b) The assessed impact fees in Exhibit C attached to Ordinance No. 429 may be
amended by the City Council according to the procedures set forth in V.T.C.A., Local
Government Code ch. 395.
Sec. 20-33. Calculation of impact fees.
(a) Following a request for a building permit or tap purchase for new development,
the city manager shall compute impact fees due for the new development in the following
manner'
(1) The number of service units shall be determined as set forth in Exhibit C,
attached to Ordinance No. 429; and
(2) The total service units shall be multiplied by the appropriate per-unit fee amount
determined as set forth in section 20-31.
Ordinance '~~~. 429_ Roadway Impact Fez Amendment(03.04.09) Page 2 of 5
(b) The total amount of each impact fee due for a new development shall not exceed
the amounts shown in Exhibit C attached to Ordinance No. 429.
(c) Separate impact fees shall be calculated for water, wastewater, and roadway
facilities.
Sec. 20-53. Roadway impact fees.
(a) The maximum impact fee values per service unit for roadway facilities are hereby
adopted and incorporated in Exhibit C attached to Ordinance No. 429.
(b) The maximum impact fee values per service unit for roadway facilities may be
amended from time to time, pursuant to the procedures in section 20-30.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed. Ordinance No. 1, as amended by Ordinance Nos. 138, 159, and 371 shall
remain applicable to the assessment and collection of impact fees on properties that are not
subject to the assessment and collection of impact fees under this Ordinance.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, and it is so
p~daln~,:,,,
~,4 .• ~~ AND APPROVED ON this the 12 day of March, 2009.
C= • .
_~r; '*=
- - ~}-
.-~va. °•• ••''•~,•. Mayor, Bryan Lankhorst
.,,AT' ~1'~~~,,,,,,,,
~~/f~~ ~~:e~~
Kathy Tur r, City Secretary
Ordinance ~o_ 429_ Roadway Impact Fee Amendment(03.04.09) Fage 3 of
APPROVED AS TO FORM AND LEGALITY:
~J/~o~c~
Wayne K. Olson, City Attorney
Ordinance ho. 429. Roadway Impact hee Amendment(03.04.09) Page 4 of 5
EXHIBIT C
SHEDULE OF ASSESSED AND COLLECTED IMPACT FEES
The assessed roadway impact fee per LUE is $1,336.33
MAXIMUM AND COLLECTED ROADWAY IMPACT FEES FOR VARIOUS LAND USES
LAND USE UNIT LUE
EQUIVALENCY MAXIMUM
IMPACT FEE
PER UNIT COLLECTED
IMPACT FEE
PER UNIT
Low Density Residential Dwelling Unit 1.00 $1,336.33 $1,336.33
Medium Density Residential Dwelling Unit 1.OD $1,336.33 $1,336.33
High Density Residential Dwelling Unit 0.61 $820.32 $820.32
Commercial /Retail 1000 Sq. Ft. 2.07 $2,771.10 $923.70
Office 1000 Sq. Ft. 1.48 $1,971.42 $657.14
Industrial 1000 Sq. Ft. 0.97 $1,296.64 $324.16
Schools Student 0.11 $148.19 $148.19
Urdintmce Nu. 429, Roadway Impact Fee Amendment(03.04.09) Page 5 of 5