HomeMy WebLinkAboutOrdinance - 2022-O0068 - Amending Chapter 41 Impact Fees - 04/12/2022First Reading
April 12, 2022
Item No. 8.19
ORDINANCE NO. 2022-00068
Second Reading
April 26, 2022
Item No. 7.21
AN ORDINANCE AMENDING CHAPTER 41, IMPACT FEES; ADOPTING AN
UPDATED IMPACT FEE STUDY; UPDATING ROADWAY IMPACT FEE
COLLECTION RATES; ADDING A SECTION FOR ANNEXED AREAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, Chapter 395, Texas Local Government Code (the Statute) provides the
requirements and procedures for the adoption of land use assumptions, a capital improvements
plan, and Impact Fees; and
WHEREAS, on October 27, 2020 the City Council of the City of Lubbock (the "City
Council") adopted an Impact Fee Ordinance No. 2020-00136; and
WHEREAS, since ordinance adoption, the City of Lubbock (the "City") has accepted
large areas of land as voluntary petition annexations from various landowners, thereby changing
the size and boundaries of the City; and
WHEREAS, said increase necessitated an update to the capital improvements plan and
the service areas for Roadway Impact Fees as well as an Impact Fee Ordinance amendment to
address any future annexations of property; and
WHEREAS, after notice of a public hearing was given, as required by the Statute, the
City Council held a public hearing on March 22, 2022, to discuss an update to the capital
improvements plan, Service Area map, and Impact Fee Ordinance amendments; and
WHEREAS, the City Council finds it to be in the best interest of the citizens of the City
of Lubbock to adopt and approve the amendments to the Impact Fees Ordinance herein; NOW,
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 41.02.001 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended as follows: -
Sec. 41.02.001 Study adopted
The updated impact fee study dated December 2021 (which includes an updated Roadway
Service Area map) is hereby approved, adopted, and incorporated herein for all purposes
consistent with this chapter.
SECTION 2. THAT Section 41.02.003(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended as follows:
41.02.003. Impact Fees Adopted.
(c) A Roadway Impact Fee shall be assessed and charged against New Development in the
Service areas as set forth below. The number of service units applicable are identified in the
LUVMET table contained within the adopted study.
Roadway
Service
Area
Max Roadway Impact
Fee Per Service Unit
Collection Rate
Effective before
10/01/2022*
Collection Rate
(Updated Study)
Effective on or after
10/l/2022*
A
$855
$439
$427.50
B
$655
$327.50
$327.50
C
$825
$412.50
$412.50
D
$623
$319.50
$311.50
E
$1,011
$497.50
$505.50
F
$1,188
$589.00
$594
G
$22
$0
$0
H
$77
$0
$0
*** Impact Fee Reductions for Collection Rates.
Roadway Impact Fees: Service Areas G & H shall receive a one hundred percent (100%)
discount from the Maximum Impact Fee rate shown above in Sec. 41.02.003(c) for all land uses.
Roadway Impact Fees: All other Service Areas shall receive a fifty percent (50%) discount from
the Maximum Impact Fee rate shown above in Sec. 41.02.003(c) for all land uses.
SECTION 3. THAT Section 41.03.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section, to be numbered 41.03.003(g), which said section reads
as follows:
41.03.003. Assessment of Impact Fees
(g) Newly Annexed Territories: Upon annexation, a newly annexed area shall be
immediately added into the nearest, adjacent Roadway Service Area so long as in doing so the
Roadway Service Area still complies with the distance requirements in Chapter 395 of the Texas
Local Government Code. The collection rate shall be assessed at the rate of the existing Roadway
Service Area and may be adjusted upon a future study update.
In the event that said addition to the nearest, adjacent Roadway Service Area brings that
Roadway Service Area out of compliance with the distance requirements in Chapter 395 of the
Texas Local Government Code, a new impact fee study shall be commenced as soon as possible,
and upon adoption of an updated study, the Roadway Service Areas shall be adjusted to
incorporate the newly annexed area.
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed applicable fines in accordance with Section
1.01.004 of the City Code of Ordinances.
SECTION 5. THAT should any paragraph, sentence, clause, phrase or work of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th day of April , 2022.
Passed by the City Council on second reading this26th day of it , 2022.
DANIEL M. POPE, MAYOR
ATTEST:
R,-&, X,
Rebec a Garza, City Secre
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Leisure, Assistant City Attorney
AmendOrd.ImpactFees_ 2022
3.29.22