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O2355 f-` KENNEDALE ROADWAY IMPACT FEE ORDINANCE r~`.,K _ ORDINANCE NO. 235 AN ORDINANCE AMENDING CHAPTER 20, STREETS AND SIDEWALKS, OF THE KENNEDALE CITY CODE (1992), AS AMENDED, BY ADDING A NEW ARTICLE II, ROADWAY IMPACT FEES, IMPOSING ROADWAY IMPACT FEES ON NEW LAND DEVELOPMENT OR REDEVELOPMENT IN THE CITY LIMITS OF THE CITY OF KENNEDALE, TEXAS; STATING THE PURPOSE AND AUTHORITY FORADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ADOPTION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLANS; ESTABLISHING SERVICE AREA; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF IMPACT FEES; PROVIDING FOR REVIEW OF IMPACT FEES AND FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUES COLLECTED FROM ROADWAY IMPACT FEES INTO A ROADWAY IMPACT FEE ACCOUNT ESTABLISHED FOR THOSE PURPOSES; PROVIDING FOR USE OF FUNDS DERIVED FROM IMPACT FEES; PROVIDING THAT ROADWAY FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; 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 and maintains roadway facilities to serve land within its City limits; and WHEREAS, the City is committed to providing roadway facilities at 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, new residential and nonresidential development causes and imposes increased and excessive demands upon City 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 roadway facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Plan and W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 1 as implemented through the City's Zoning Ordinance and map; and WHEREAS, to the extent that such new development places demands upon the publicfacility infrastructure, 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, the amount of the impact fees to be imposed is determined by the cost ofthe additional publicfacilities needed to support such development, which public facilities shall be identified in Capital Improvement Plans; and WHEREAS, the City Council, aftercareful consideration ofthe matter, herebyfinds and declares that impact fees imposed upon residential and nonresidential development to finance specified major public facilities, the demand for which is created by such development, is in the best interest of the general welfare of the City and its residents, is equitable, and does not impose an unfair burden on such development; and WHEREAS, the Texas Legislature has adopted Chapter 395 of the Texas Local Government Code, providing guidelines and requirements forthe adoption of impactfees; and WHEREAS, the City has previously adopted water and wastewater impact fees in accordance with Chapter 395; and WHEREAS, the City Council now desires to adopt roadway impact fees in accordance with Chapter 395; and WHEREAS, the City Council finds that the City has complied with Chapter 395 in the notice, adoption, promulgation and methodology necessary to adopt roadway impact fees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION 1. Chapter 20, "Streets and Sidewalks," of the Kennedale City Code is hereby amended by adding a new Article II, to read as follows: W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 2 Article II. ROADWAY IMPACT FEES DIVISION 1. GENERALLY Sec. 20-21. Short title. This article shall be known as the "Roadway Impact Fee Ordinance." Sec.20-22. Purpose. This article is intended to impose impact fees for roadway facilities as established in this article, in order to finance public facilities, the demand forwhich is generated by new development. Sec.20-23. Authority. The City Council is authorized to enact this article by Chapter 395 of the Texas Local Government Code, as amended, ("Chapter 395")which authorizes home-rule cities, among others, to enact or impose roadway impact fees on land within their corporate boundaries, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development. The provisions of this article shall not be construed to limit the power of the City Council to adopt such article pursuant to any other source of local authority, including the City Charter, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this article. Guidelines may be developed by resolution or otherwise to implement and administer this article. Sec.20-24. Definitions. As applied in this article, the following words and terms shall be used: Assessment -The levying or charging of the approved impact fee per service unit which can be imposed on new development pursuant to this article. Building Permit -Written permission issued by the City for the construction, repair, alteration or addition to a structure. Written permission herein shall refer to either a building permit or to a plumbing permit which is associated with an increase in Living Units Equivalent on the property. Capital Construction Cost of Service -Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorneys fees, and expert witness fees), and the fees actually paid or contracted W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 3 to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvement Plans who is not an employee of the City. Capital Improvements Advisory Committee (Advisory Committee) -Advisory committee, appointed bythe City Council, consisting of at leastfive members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the City; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the Land Use Assumptions, Capital Improvement Plans, and impact fees in accordance with the requirements of Chapter 395 of the Local Government Code. Capital Improvement Plans (CIP) -Plans adopted in Section 20-29 and Section 23- 259 of the City Codewhich identify wastewater collection and treatment and water supply, pump and storage facilities and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. The Capital Improvement Plans are composed of a separate Wastewater Improvement Plan, and Water Improvement Plan and Roadway Improvement Plan. City -City of Kennedale, Texas. City Council (Council) -Governing body of the City of Kennedale. City Engineer (Engineer) -City Engineer of the City of Kennedale. City Manager- City Manager of the City of Kennedale, or his designee. Commercial Development -For purposes of this article, all development which is neither residential nor industrial. Comprehensive Plan (MasferP/an) -The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City, which may include analyses, recommendations and proposals forthe City regarding such topics as population, economy, housing, transportation, communityfacilities and land use. Credit -The amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. Existing Development- All land which has been subdivided and converted to urban use as of the date of adoption of this article. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 4 Facility Expansion -The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, or modernization of an existing facility to better serve existing development. Final Plat -The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. Impacf Fee - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of on-site or off-site water distribution or wastewater collection facilities or streets, sidewalks or curbs if the dedication or construction is required by other ordinances of the City and is necessitated by and attributable to the new development; lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains or lines; or other pro rata fees for reimbursement of water or wastewater mains or lines extended by the City. Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the City Council, as may be amended from time to time, upon which the Capital Improvement Plans are based. Living Unit Equivalent (LUE) -One LUE is equivalent to the number of afternoon peak vehicle miles for slow - or moderate-density residential unit, or 4.85 vehicle miles. New Development -Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units. Offset -The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City's subdivision regulations or requirements. On-Site Facility -Improvement or facility which is for the primary use or benefit of anew development and/orwhich is forthe primary purpose of safe and adequate provision of roadway facilities to serve the new development, and which is not included in the Capital Improvement Plans, and for which the developer or property owner is solely responsible W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 5 under subdivision and other applicable regulations. Residential Development -For purposes of this article, a lot developed for use and occupancy as a residence or residences, according to the City's Zoning Ordinance. Roadway Facility -Arterial or collector streets or roads that have been designated on the Roadway Improvement Plan, togetherwith all necessary appurtenances. Roadway facility includes the City's share of costs for roadways and associated improvements designated on the federal or Texas highway system, including local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way. RoadwayfacilityexcIudes dedication ofrights- of-way or easements or construction or dedication of on-site or off-site streets, sidewalks or curbs required by valid ordinances of the City and necessitated by and attributable to the new development. Roadway Facility Expansion -Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of any existing roadway facility to serve existing development. Roadway Improvement Plan -Portion of the Capital Improvement Plans, as may be amended from time to time, which identifies the roadway facilities or roadway facility expansions and their associated growth-related costs which are necessitated by and which attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this article. Service Area -The area within the corporate boundaries of the City to be served by the capital improvements or facility expansions specified in the Roadway Improvement Plan. The Roadway Service Area shall not exceed six miles. The service area used for calculation of roadway impact fees is the entire city limits and is set forth in exhibit A. Service Unit- Standardized measure of consumption, use, generation, ordischarge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the City during the previous ten years. The service units utilized in this article are based upon the number of peak vehicle miles generated by the development, as set forth in the definition of Living Unit Equivalent (LUE). System-related Facility - A capital improvement or facility expansion which is designated in the Capital Improvement Plans. Asystem-related facility may include a capital improvement, which is located offsite, within or on the perimeter of the development site. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 6 Tap Purchase -The filing with the City of a written application for water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. Sec. 20-25. Applicability of impact fees. (a) This article shall be uniformly applicable to new development which occurs within the service area adopted by the City. (b) No new development shall be exempt from the assessment of impact fees as defined in this article. However, the City Council may pay fees from non-Utility funds on behalf of any new development for reasons of general community welfare. Sec. 20-26. Impact fees as conditions of development approval. No application for new development shall be approved within the City without assessment of impact fees pursuant to this article, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant or builder has paid the impact fees calculated and imposed hereunder. Sec. 20-27. Establishment of roadway service area. (a) The roadway service area is established as shown on the Service Area Map attached as exhibit A to this article. (b) The service area shall be established consistentwith any facility service area established in the Roadway Improvement Plan. Additions to the service area may be approved by the City Council consistent with the procedures set forth in Chapter 395. Sec. 20-28. Land use assumptions. Land use assumptions used in the development of Roadway impact fees are hereby adopted as shown in exhibit B to this article. These assumptions may be revised by the City Council according to the procedures set forth in Chapter 395. Sec. 20-29. Capital improvement plans. The Capital Improvement Plans for the City are hereby adopted as three separate components - a Water Improvement Plan and a Wastewater Improvement Plan as provided in divisions 2 and 3 to Article V of Chapter 23 of the City Code, and a Roadway Improvement Plan as provided in division 2 of this Chapter. The Capital Improvement Plans may be amended from time to time pursuant to the procedures set forth in Chapter W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 7 395. 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 to this article. (c) The City Council may revise the calculation of service units according to the procedures set forth in Chapter 395. Sec. 20-31. Impact fees per service unit. (a) The assessed impact fee per service unit is computed by subtracting fifty percent (50%) 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 to this article. (b) The assessed impact fees in exhibit C may be amended by the City Council according to the procedures set forth in Chapter 395. Sec. 20-32. Assessment of impact fees. (a) The approval of any subdivision of land for any new development shall include as a condition the assessment of the impact fees applicable to such development. (b) Assessment of the impact fees for any new development shall be made as follows and shall be based upon the impact fee per service unit set forth in exhibit C at the time of assessment: (1) For a new development which has received final plat approval pursuant to the City's subdivision regulations after the adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee in effect on the date of final plat recordation. (2) For a new development which was final platted pursuant to the City's subdivision regulations before adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee adopted in this W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 8 article. (c) Following assessment of the impact fees pursuant to subsection (b) of this section, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases. (d) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new plat for such development is filed. Sec. 20-33. Calculation of impact fees. (a) Following a request fora 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 asset forth in exhibit C to this article; and (2) The total service units shall be multiplied by the appropriate per-unit fee amount determined as set forth in Section 20-31. (b) The total amount of each impact fee due for a new development shall not exceed the amounts shown in exhibit C. (c) Separate impactfees shall be calculated forwater, wastewater, and roadway facilities. Sec. 20-34. Collection of impact fees. (a) No building permit shall be issued or water or wastewater tap allowed until all impact fees have been paid to the City except as provided otherwise by contract. (b) Impact fees shall be collected at the time of issuance of the building permit. (c) On property that was platted prior to the effective date of this article, no roadway impact fees shall be collected on any service unit forwhich a valid building permit is issued within one (1) year of the effective date of this article. (d) If a building permit obtained within one (1) year of the effective date of this article subsequently expires, and no new application is made and approved within such period, the new development shall be subject to the payment of the impact fees adopted in this article. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 9 (e) Notwithstanding anything in this article to the contrary, the City may enter into a contract with the owner of a tract of land for which a plat has been recorded providing for a different time and method of payment of the impact fees. (f) If the applicant demonstrates to the City Council that the payment of the full amount of the fee at the time of building permit issuance or tap purchase will work a financial hardship against the applicant, the City Council may approve an alternate payment agreement. (1) Upon approval by the City Council, the impact fees for such customers may be paid in increments over a period of not more than one year for residential customers or five years for other customers, with interest computed on the unpaid balance at the statutory rate as set forth in Section 302.002, Texas Finance Code. (2) If the City approves this extended payment plan, the applicant shall, as a condition of tap sale, sign and file with the City Secretary, and consent to the recordation of, a "notice of impact fee due", which shall be recorded as a lien against the subject property. The City shall release the lien held only upon payment in full of the impact fees and any late penalties and applicable interest. (3) Late payments shall subject the applicant to a penalty of ten percent of the amount due and additional interest in addition to all other remedies available to the City as lien holder. Sec. 20-35. Establishment of accounts and records. (a) The City Manager shall establish a separate interest-bearing account for roadway impact fees. (b) Interest earned shall be credited to that account and shall be used solely for the purposes specified for funds authorized in Section 20-36. (c) The City Manager shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this article. Disbursement of funds shall be authorized by the City Manager at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City Manager shall maintain and keep adequate financial records for W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05!08/02) Page 10 such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from the account shall be used solely and exclusively for the provision of uses specified in the Roadway Improvement Plan as system-related capital projects. Sec. 20-36. Use of proceeds of impact fee accounts. (a) The impact fees collected pursuant to this article may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Impact fees collected pursuant to this article shall not be used to pay for any of the following expenses: (1) Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate utility in the Capital Improvement Plans; (2) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; (3) Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) Administrative and operating costs of the City. Sec. 20-37. Offsets and credits against impact fees. (a) The City may offset the present value of any system-related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of rights-of-way and capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee due for that category of capital improvement. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 11 (b) The City may credit impact, perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to City ordinances against the value of impact fees due for that category of capital improvement, subject to guidelines established by the City. (c) The City shall give a credit for the dedication or construction by a developer of any roadway facilities that are identified in the Roadway Improvement Plan as eligible for impact fee funding. (d) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this article and additional standards promulgated by the City, which may be adopted as administrative guidelines. (1) No offset or credit shall be given for the dedication or construction of site-related facilities unless such facilities are identified in the Capital Improvement Plans as eligible for impact fee funding, except as prohibited in subsection (d)(2) below. (2) Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by the City as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from the development. (3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the Roadway Improvement Plan. (4) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of plat filing, or within such period as may be otherwise designated by contract, such offset or credit shall expire. (5) The City will not reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this article or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. (e) An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee assessment, or the entitlement to such offset or credit shall be deemed waived. The applicant shall file an application for offsets or credits with the City Manager. The contents of the application shall be established by administrative guidelines. The City Manager shall provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 12 may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development. (f) The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: (1) Such offset or credit shall be prorated equally among all service units and remain applicable to such service units, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due. (2) If the total number of service units used by the City in the original offset or credit calculation described in subsection (f)(1) is eventually exceeded by the number of total service units realized by the actual development, the City may, at its sole discretion, collect the full impact fee, exclusive of any associated offset or credits, for the excess service units. (g) At its sole discretion, the City may authorize alternative credits or offsets upon petition by the owner in accordance with guidelines promulgated by the City. Sec.20-38. Appeals. (a) The property owner or applicant for new development may appeal the following decisions to the City Manager: (1) The applicability of an impact fee to the development; (2) The value of the impact fee due; (3) The calculation of applicable service units attributable to the development; (4) The availability or value of an offset or credit; or (5) The application of an offset or credit against an impact fee. All appeals shall be filed with the City Manager within thirty (30) days of notice of the action from which the appeal is taken. (b) The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 13 for determining offsets and credits. (c) The appellant may appeal the decision of the City Manager to the City Council. The applicant must file a notice of appeal to the City Council with the City Secretary within thirty (30) days following the City Manager's decision. (d) The City Council shall hear the appeal within 35 days of receipt by the City Secretary. Notice of the hearing shall be mailed to the applicant at least seven (7) days prior to the hearing. (e) At the hearing, the City Council shall consider all relevant evidence and shall allow testimony from the applicant, City personnel and other interested persons relevant to the appeal. The hearing may be continued from time to time. (f) The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the determination of service units or the value of the fee or of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established in this article. The applicant shall submit an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the State of Texas, which demonstrates that the applicant's burden has been met. (g) Following the hearing, the City Council shall consider all evidence and determine whether the appeal should be granted (in whole or in part) or denied. (h) If the appeal is accompanied by a bond or other sufficient security satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending. Sec. 20-39. Updates to plan and revision of fees. The City shall review the Land Use Assumptions and Capital Improvement Plans for roadway facilities at least every five years, the first five-year period to commence from the date of adoption of the Roadway Improvement Plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the Land Use Assumptions, Roadway Improvement Plan or impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395, either update the Land Use Assumptions, Roadway Improvement Plan and impact fees or make a determination that no update is necessary. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 14 Sec. 20-40. Advisory committee. (a) The functions of the Capital Improvements Advisory Committee are those set forth in Chapter 395 and shall include the following: (1) Advise and assist the City Council in adopting land use assumptions; (2) Review the Capital Improvement Plans regarding construction of water, wastewater and roadway facilities capital improvements and file written comments thereon; (3) Monitor and evaluate implementation of the Capital Improvement Plans; (4) Advise the City of the need to update or revise the Land Use Assumptions, Capital Improvement Plans and impact fees; and (5) Submit to the City Council a semiannual report evaluating the progress of the City in achieving the Capital Improvement Plans and identifying any problems in implementing the plan or administering the impact fees. (b) The City Council shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Capital Improvement Plans. (c) The City Council shall adopt procedural rules for the Advisory Committee to follow in carrying out its duties. Sec. 20-41. Use of other financing mechanisms. (a) The City Council may finance roadway facilities, and capital improvements orfacilities expansions designated in the Roadway Improvement Plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (b) Except as herein otherwise provided, the assessment and collection of an impactfee shall be additional and supplemental to, and not in substitution of, anyothertax, fee, charge or assessment which is lawfully imposed on and due against the property. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 15 Sec. 20-42. Impact fees as additional and supplemental regulation. (a) Impact fees established by this article are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of the City's Comprehensive Plan, Capital Improvement Plans, Zoning Ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. (b) This article shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Sec. 20-43. Certification of compliance. The City shall submit a written certification verifying compliance with Chapter 395 to the Attorney General not later than September 30'h of each year. The certification shall be signed by the Mayor and include the statement: "This statement certifies compliance with Chapter 395, Local Government Code." Sec.20-44. Refunds. (a) Any impact fee or portion thereof collected pursuant to this article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Section 302.002, Texas Finance Code. (b) If a refund is due pursuant to subsection (a), the City shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (c) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 16 (1) Existing service is available and service is denied; (2) Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two (2) years of fee payment; or (3) Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement orfacility expansion to be constructed, but in any event later than five (5) years from the date of fee payment. (d) Petition for refunds shall be submitted to the City Engineer on a form provided by the City for such purpose. Within one (1) month of the date of receipt of a petition for refund, the City Engineer shall provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the City Engineer shall notify the finance director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the City Manager and City Council, as set forth in section 20-38. Sec. 20-45. Agreement for capital improvements. (a) The City Council may approve the owner of a new development to construct or finance some of the public improvements identified in the Capital Improvement Plans. In the case of such approval, the property owner must enter into an agreement with the City prior to fee collection. The agreement shall be on a form approved by the City, and shall establish the estimated cost of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements shall be completed to City standards, and any other terms and conditions the City deems necessary. The City Engineer shall review the improvement plan, verify costs and time schedules, determine if the improvement is contained in the Capital Improvement Plans, and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable impact fee before submitting the proposed agreement to the City Council for approval. (b) The City and such owner either may agree that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development, or they may agree that the City shall reimburse the owner for such costs from impact fees paid from other new developments which will use such capital improvements orfacility expansions. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 17 Secs. 20-46 - 20-50. Reserved. DIVISION 2. ROADWAY FACILITIES FEES Sec. 20-51. Roadway service area. (a) There are hereby established roadway service area as depicted on exhibit A, attached hereto and incorporated herein by reference. (b) The boundaries of the roadway service area may be amended from time to time, and new roadway service areas may be delineated, pursuant to the procedures in Section 20-27. Sec. 20-52. Roadway Improvement Plan. (a) The Roadway Improvement Plan for the City is hereby adopted as exhibit D attached hereto and incorporated by reference herein. (b) The Roadway Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. 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 hereto and made a part hereof by reference. (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 indirect conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 18 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 orsection ofthis 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 ordained. PASSED AND APPROVED ON this the 9th day of May, 2002. •• ; 9 "' =V~' ~~i *. ~* • - __~• .vl= ~: ATTEST: '999 ; .•' ,,,,,,yr~o~~,,,,. ~- ~~ Mayor City Secreta APPROVED AS TO FORM AND LEGALITY: ~C City Attorney W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 19 EXHIBIT A ROADWAY SERVICE AREA MAP W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 20 ~~ F 3~ ~ r - ° ~ , _ _ _ - P ~3i~ y ` ~ ' ~- ,-~~ - `~ C I T Y ° I~- ~~ - `\ - r - ~ OF ~~ _- _ - - r ~~ _ - - _-~°~• KENNEDALE - - ~ _ ` E TJ MAP +~ - ~ ,~ - ~ µy~ as - ~ - - ~~. '~ `~ I. - Y ~ _ _ / .~.w € ~~n urn Ohl Hi ` a ~ jy . ~ i .. , _ - _ ~ ~ - - ` =_ a +~~ ~F -, ~z 2^,` P .. r~i P.. T - - _ o _ - r ~ ~ - - n~- \ '- .~. a -~- // - ~ h-~ - _ 'f - ! - z ~~ f - - .y a-'~ _ - - ~' Z __ ~ . w - _ =~ ~ ~ ~ - ~ _ y ~~e ~° ~ o FA~;~ s ~ • -,9 N / ~ / / P ~4k5 445 - S ~ - ~ - 6 - ( _ _ - _ - 0 _ ,, f 1 \\~ a P,~5~. 3 - ~ - _ R. ~Z = ~ 36 - - ~ ~- .. - - _ - N - - _ - -_ - -- - _ - - - _- - i - - ~_~__,_-~: - CtIEATNAM b ASSOCIRTES 3 - - - . ~., _ T.~ _ e _ _ .. ca.~ruo aenan - wnt.su - n..o~ _ - _ wu ur wr wMR wo ru+o1w. mu Mug EXHIBIT B Land Use Assumptions W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 21 TABLE lit CURRENT AND PROJECTED LAND USES AND POPULATION FOR THE CITY OF KENNED/LLE 1198 ?AOD 2810 ULTMMTH 1.AlID 118E ACRES x A ft'tES x ACR68 x ACtiEB x Residertial 1,090 28.07% 1,119 28.81% 1,689 43.49% 2,585 66.5896 Indrstrial 325 8.37% 334 8.59% 356 9.16% 545 14.03% Comnerdal / Prbic l Sertu-P~b6c 183 4.71% 188 4.84% 253 6.51% 387 9.97% Mapr Roadareys 90 2.32% 92 2.38% 146 3.76% 223 5.75% Parks /Open Space 60 1.55% 82 1.5996 93 2.3996 142 3.88% Undevebped 2,135 54.98% 2,089 53.8096 1,347 34.6996 (0) -0.00% TOTAL ACREAGE ;88.4 100.00% 9,883 100.00% 9,8&4 10800% 3,883 100.00% POPULATION 5,700 5,850 8,830 13,519 POPULATION PER ACRE 1.47 1.51 2.27 3.48 Souroes and Assirnplion: 1999 Lad Use and PopJeGon from MPRG Inc., Compr~eive Lad Uae Plan for 8e Cily of Kertedde, March 9, 200D. 2000 Pop~edon from U. S. Bueau of tha Carers, 2000 Caws of Popuation, Mach 2001. 2000 Land Uses assumed to increase over 19991and uses at same rate as population graMh. 2010 Populaton and Residential Land Use Projections based on 2000-2010 growth in households projected by NCTCOG, January 2001. 2010 Industrial Land Use Projections based on 2000-2010 growth in basic employment projected by NCTCOG, January 2(101. 2010 Industrial Land Use Projections based on 2000-2010 growth in retail and service employment projected by NCTCOG, January 2001. Ultimate land use is in same proportion a5 projected 2010 land use. Ultimate population is based on the sane population:residential aces as in 2010. Kennedale Impad Fees.123 OtY28/02 Rimrodc Consulting Company EXHIBIT C SCHEDULE OF ASSESSED AND COLLECTED IMPACT FEES The assessed roadway impact fees are $1,006.09 per LUE. The actual amount of impact fees to be collected shall be $1,006.09 per LUE W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 22 TABLE 6-6 MAXIMUM ROADWAY IMPACT FEES FOR VARIOUS LAND USES MAXIMUM LUE IMPACT LAND USE. UNIT EQUIVALENCY FEE PER UNIT Low Density Residential Dwelling Unit 1.00 $1,006.09 Medium Density Residential Dwelling Unit 1.00 $1,006.09 High Density Residential Dwelling Unit 0.61 $617.60 Commercial /Retail 1000 Sq. Ft. 1.73 $1,738.58 pffce 1000 Sq. Ft. 1.66 $1,669.77 Industrial 1000 Sq. Ft. 1.01 $1,016.89 Schools Student 0.09 $87.16 Kennedale Impact Fees.123 06/28/02 Rimrock Consulting Company EXHIBIT D ROADWAY IMPROVEMENT PLAN W:\Kennedale\ORDINANC\Roadway Impact Fee.2002.cIn.002.wpd (05/08/02) Page 23 TABLE 5-2 CHAPTER 395 IMPACT FEE STUDY ASSUMPTIONS USED IN FEE CALCULATION FACTOR ROADWAY FEE ASSUMPTIONS: PM Peak Trips, based on ITE Trip Generation, 6th Edition: Low Density Residential Medium Density Residential High Density Residential Commercial /Retail Office Industrial Schools Trip Length, based on NCTCOG data: Low Density Residential Medium Density Residential High Density Residential Commercial /Retail Office Industrial Schools Pass-By Traffic (Lee Engineering): Commercial /Retail Vehicle-Miles: Low Density Residential Medium Density Residential High Density Residential Commercial /Retail Office Industrial Schools FUTURE BONDING ASSUMPTIONS: SOFT COSTS INTEREST RATE TERM VALUE/RATTONALE 1.01 Trips /dwelling unit 1.01 Vips /dwelling unit 0.62 trips /dwelling unit 3.74 trips / 1,000 sq. ft. 1.49 trips / 1,000 sq. ft. 0.98 trips / 1,000 sq. ft. 0.20 trips /student 4.8 miles /trip 4.6 miles /Vip 4.8 miles /Vip 3.2 miles /trip 5.4 miles /trip 5.D miles /Vip 2.1 miles /trip 30% 4.85 vehicle-miles per peak trip 4.85 vehicle-miles per peak trip 2.98 vehicle-miles per peak trip 8.38 vehicle-miles per peak trip 8.05 vehicle-miles per peak trip 4.90 vehicle-miles per peak trip 0.42 vehicle-miles per peak trip 0.990 of principal, according to 1998 CO Bonds 7.75% annually, accoMing to City Staff 20 years, according to City Staff Kennedale Impact Fees.123 06/28/02 Rimroclc ConsuRing Company TABLE 5-5 ROADWAY LUE EQUIVALENCIES FOR VARIOUS LAND USES P'1A PEAK TRIP VEHICLE- LUE LAND t>,SE UNiT TWP3 / LENGTH f11lLE$ / EQtNVALENCY LMN'T (Mlles) Ui~IfT Low Density Residential Dwelling Unit 1.01 4.8 4.85 1.00 Medium Density Residential Dwelling Unit 1.01 4.8 4.85 1.00 High Density Residential Dwelling Unit 0.62 4.8 2.98 0.61 Commercial /Retail 1000 Sq. Ft. 3.74 3.2 8.38 1.73 Office 1000 Sq. Ft. 1.49 5.4 8.05 1.66 Industrial 1000 Sq. Ft. 0.98 5.0 4.90 1.01 Schools Student 0.20 2.1 0.42 0.09 Source: Lee Engineering, 2001. Thoroughfare Capital Improvement Plan (Draft). Kennedale Impact Fees.123 06/28/02 Rimrock Consulting Company TABLE 5$ ESTIMATED SERVICE DEMAND AND LUE'S FOR VARIOUS LAND USES ROADWAYS DEMAND LAND USE 2000 2010 ULTIMATE LOW /MODERATE DENSITY RESIDENTIAL Dwelling Units 2,277 3,489 5,893 Vehicle-Miles /Dwelling Unit 4.85 4.85 4.85 Vehicle-Miles of Demand 11,043 16,922 28,581 VehiGe-Miles per LUE 4.85 4.85 4.85 Subtotal LUE's 2,277 3,489 5,893 HIGH DENSITY RESIDENTIAL Dwelling Units 21 32 54 Vehicle-Miles /Dwelling Unit 2.98 2.98 2.98 VehiGe~Miles of Demand 63 95 161 Vehice-Miles per LUE 4.85 4.85 4.85 Subtotal LUE's 13 ZO 33 COMMERCIAL /RETAIL Employees 867 962 1,095 Employees / 1000 sq. ft. 1.4 1.4 1.4 1000 sq. ft. 619 687 782 VehiGe-Miles / 1000 sq. ft. 8.38 8.38 8.38 Vehicle_Mites of Demand 5,190 5,758 6,554 VehiGe-Miles per LUE 4.85 4.85 4.85 Subtota/ LUE s 1,070 1,187 1,351 OFFICE Employees 529 918 1,488 Employees 11000 sq. ft. 3 3 3 1000 sq. ft. 176 306 496 Vehicle_Miles / 1000 sq. ft. 8.05 8.05 8.05 VehiGe•Miles of Demand 1,419 2,463 3,993 VehiGe-Miles per LUE 4.85 4.85 4.85 Subtotal LUE's 293 508 823 INDUSTRIAL Employees 822 877 947 Employees / 1000 sq. ft. 2 2 2 1000 sq. ft. 411 439 474 VehiGe-Miles / 1000 sq. ft. 4.9 4.9 4.9 Vehicle-Miles of Demand 2,014 2,149 2,320 Vehice-Miles per LUE 4.85 4.85 4.85 Subtotal LUE's 415 443 478 TOTALS Vehicle-(Niles of Demand 19,729 27,387 41,809 LUEs 4,088 5,647 8,579 Source: Lee Engir>eering, 2001. Thoroughfare Capital Improvement Plan (Draft) Kennedale Impact Fees.123 06/28/02 Rimrock Consulting Company TABLE 6.11 ROADWAY CAPITAL IMPROVEMENTS INVENTORY CAPACITY 2000. 1000 FACILITY 4aM6T1tl1C'fgN ?0'10 2010 CCBf FOR CURRENT FJ(CESE EXCESS CAPITAL t:08T TYPE/ Nama TOTAL CUSTOMERS a 10 YEARS s 40 YEARS COST TOTAL P$R LUE BOWMAN SPRINGS ROAD EXISTING FACILITIES 2-Lane Undivided IFi20 Frontage Rd. to Bus. US287 SubtotalExistinpfaCilltiss 50 100.00% 47.41% 18.41% 94.18% 50 FUTURE FACILITIES Realign and build 4 lanes City Limit to Bus US287 $1 178 100 Subtotal Fuhrro FaCilleisa 51,178,100 100.00% 47.41% 18.41% 94.18% $218,829 TOTALBOWNANSPRBilGSROAD 51,178,100 100.00% 47.41% 18.41% 94.18% $218,828 5137.J2 BUSINESS US287 EXISTING FACILITIES 2aane Undivided SubtoUlExiadnpFaeilidet 50 100.00% 47.41% 18.41% 94.18% 50 FUTURE FACILITIES Build 3 lanes Dick Prime Rd. to Eden Rd. $989,251 Subtotal Futuro FaoilWsa 5889,251 100.00% 47.41% 18.4i% 94.18% 5182,072 TOTAL BUSINESS US287 5989,251 100.00% 47.41% 18.41% 94.18% 5182,072 $115.91 DICK PRICE ROAD EXISTING FACILITIES 2-L~e Undivided Bus US287 to City Limit SubtotalExistinpFaCilibes 50 100.00% 47.41% 18.41% 94.18% 50 FUTURE FACILITIES Realign and build 4lanes Bus US287 to SP RR $642,000 Build 2lanes SP RR to City Limit 52,499,000 Subtots/FuturoFacllitfas 59,141,800 100.00% 47.41% 18.41% 94.18% 5578,212 TOTAL DICK PRICE ROAD 59,141,800 100.00% 47.41% 18.41% 94.18% 5578,212 5988.18 EDEN ROAD EXISTING FACILITIES 2-Lane Undivided Mansfield Cardinal to City Limit Subtotal Exiatinp Facilities 50 100.00% 47.41% 18.41% 94.18% SO FUTURE FACILITIES Build new 4-lane roadway Bus. US267 to Mansfield Carcli 5535,500 Build 2 lanes Mansfield Cardinal to City Limn 51,017,450 Bus. US287 to Mansfield Cardinal (to be built after 2010) SubtotalFuturoFacilities 51,652,950 100.00% 47.41% 18.41% 34.18% 5285,821 TOTAL EDEN ROAD 51,552,950 100.00% 4L41% 15.41% 94.18% 5285,821 5181.01 Kennedale Impact Fees.123 06/28102 Rimrock Consulting Company TABLE 6.11 ROADWAY CAPITAL IMPROVEMENTS INVENTORY CAPACITY 2004• Z000- MCIUTY ~ 2tN0 2010 G t79'f FOR WRRENT F.X4 8SS EXCE4S CAPITAL COST TYPFJ Name TOTAL CUSTOMERS < 10 YEARS > 10 YEAR8 COST TOTAL PER LUE HUDSON VILLAGE CREEK ROAD EXISTING FACILITIES 2-Lane Undivided Kennedale New Hope to Eden Rd S Subtotal Exiadng FaNlides 30 100.00% 47.41% 18.4f % 34.18% 30 FUTURE FACILITIES Subtotal Fubtro Facllkhs 30 100.00% 47.41% 18.41% 34.18% 30 TOTAL HUDSON VILLAGE CREEK ROAD 30 100.00% 47.41% 18.1'1% 34.18% 30 30.00 JOPLIN ROAD EXISTING FACILITIES 2-Lane Undivided JR Hawkins to Swiney Hiatt Subtotal ExlsNng Facilities 30 100.00% 47.41% 18.41% 34.18% 30 FUTURE FACILITIES Kennedale Sublett to JR Hawkins (to be built after 2010) Swiney Hiatt to City Limn (to be built after 2010) Subtotal Futuro FaelliNes 30 100.00% 47.41% 18.41% 34.18% 30 TOTAL JOPLIN ROAD 30 100.00% 47.41% 18.41 % 34.18% SO 50.00 KENNEDALE NEW HOPE ROAD EXISTING FACILITIES 2-Lane Undivided Bus US287 to Hudson Yllage Cn3ek Subtotal Exlstinp Faeilitfss SO 100.00% 47.41% 18.41% 34.18% SO FUTURE FACILITIES Build 2 lanes Bus US287 to SP RR 3535,500 Build 2 lanes SP RR to Hudson V81ape 52,677,500 Subtotal Futuro FaellWes 53,219,000 100.00% 47.41% 18.41% 34.18% 3591,353 TOTAL KENNEDALE NEW HOPE ROAD 33,213,000 100.00% 47.41% 18.41% 34.18% 5591,959 3974.61 KENNEDALE SUBLETT ROAD EXISTING FACILITIES 2-Lane Undivided Bus US287 to Kennedale-L.iltle Schad 2-Lane Undivided Kennedale-Ldtle Scholl to Joplin Subtodl ExiaNnp Facilitiss 50 100.00% 47.41% 18.41% 34.18% 50 FUTURE FACILITIES Realign and build 4lanes Bus US287 to Hillside 5499,800 Build 2 lanes Hillsde to Kennedale-little 3856,800 Realign and build 4lanes Kennedale-Little to Peppy Lsrn 3714,000 Build 2lanes Peggy Lane to COY Limit $267,447 Traffic Signal at Kennadale-Liltle Scholl 3100,000 Subtotal Futuro Facilitier 32,438,047 100.0096 47.41% 18.41% 34.18% 3448,723 Kennedale Impact Fees.123 osnaroz Rimrock Consulting Company TABLE 6.11 ROADWAY CAPITAL IMPROVEMENTS INVENTORY CAPACITY 2080• 2800. FAC)L1TY GO tmTFNICTtt]N 8010 x010 COST FOR CiIRRENT EJtCESS EXCESS CAPITAL COST TYPFJ Nattte TOTAL CUSTOMfR8 < to YEARS > 10 YEARS COST TOTAL PER t.UE KENNEDALE LITTLE SCHOOL ROAD EXISTINl3 FACILITIES 4-Lane Undivided IH2O to Pennsylvania 2-Lane Undivided Pennsylvania to Mansfield Cardinal Build 2 lanes S of Pennsylvania Ave to S of Shady Creek 5781,571 Subtohl Existing Facflitiae (781,671 100.00% 47.41% 18.41% 94.18% 5149,848 FUTURE FACILITIES Build 21~es S of Shady Creek to KennedaleSublett 5749,700 Build 2 lanes Kennedale-Sublet( to Mansfield Cardinal 51,017,450 Build new 41ane roadway Mansfield Cardinal to Bus US2 51,320,900 Mansfield Cardinal to Kennedale New Hope (after 2010) Subtotal Future Facilities 19,889,821 100.00% 47.41% 18.41% 94.18% 5712,204 TOTAL KENNEDALE LITTLE SCHOOL ROAD 14,851,192 100.00% 47.41% 18.41% 94.18% 1858,052 154215 TREEPOINT DRIVE EXISTING FACILITIES 2-Lane Undivided City Lunt to Kennedale-Ultle Schod 4-Lane Undivided Median Way to Vandalic Trail 2-Lane Undivided Vandalia Trail to Kennedale Sublett Subtopl Existing FacilKise FUTURE FACILITIES f0 100.00% 47.41% 18.41% 94.18% 10 Subtotal FuLVra Faellltiss SO 100.00% 47.41% 18.41% 94.18% f0 TOTAL TREEPOINT DRIVE f0 100.00% 47.41% 18.41% 94.18% f0 10.00 TOTALS 117,184,140 12,000.88 The future fadldies in this CIP are representative roads. The City may construct altemafive projeGs to accommodate new growth, which will provide the same vehide-miles d capadty for new gn Kennedale Impact Fees.123 06/28102 Rimrock Consulting Company TABLE 6-5 DERNATION OF MAXIMUM ROADWAY CAPITAL RECOVERY COSTS THROUGH 50°k REDUCTION OF FEE LESS EQUALS 5076 OF MAXBAUM CONSTRUCTION CONSTRUCTION IMPACT ITEM COSTS COSTS FEE PER LUE Bowman Springs Road $137.32 $68.66 $68.66 US Bus 287 $115.31 $57.65 $57.65 Dick Price Road $366.19 $183.09 $183.09 Eden Road $181.01 $90.51 $90.51 Hudson Vllage Creek Raod $0.00 $0.00 $0.00 Joplin Road $0.00 $0.00 $0.00 Kennedale New Hope Road $374.51 $187.25 $187.25 Kennedale Sublett Road $284.18 $142.09 $142.09 Kennedale Little School Road $542.15 $271.07 $271.07 Treepoint Drive $0.00 $0.00 $0.00 CIP/Study Costs $11.53 $5.76 $5.76 Total Water 52,012.19 x1,006.09 $1,006.09 The future facilities in this CIP are representative roads. The City may construct attemative projects to accommodate new growth, which will provide the same vehicle-miles of capacity for new growth. Kennedale Impact Fees.123 06/28/02 Rimrock Consulting Company