HomeMy WebLinkAboutOrdinance - 2024-O0068 - Update To The Impact Fee Ordinance - 05/14/2024First Reading
April 024
Iter.i No. 1.9
ORDINANCE NO. 2024-00068
Second Reading
May 14, 2024
Item No. 6.16
AN ORDINANCE AMENDING CHAPTER 41, IMPACT FEES; AMENDING ARTICLE
41.01 TO ADD A DEFINITION; AMENDING ARTICLE 41.05 TO CLARIFY A
PROVISION FOR CERTAIN PROJECTS EXEMPT FROM IMPACT FEES;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WIIEREAS, Chapter 395, Texas Local Government Code (the Statute) provides the
requireiiicr.t� 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, as city staff has been administering the Impact Fee program, it has been
determined that Section 41.01.002 needs further clarification regarding infill development
projects that qualify for Impact Fee exemption; 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 41.01.002 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended as foll()ws to ad(: the following term, which shall be placed in alphabetical
order with the other dctiritin-.i< il� e same section:
Previously occupied. The cros ink, )wilding was issued a certificate of occupancy, and at some
time was being used for its intended pu:-pose prior to the current, new use.
SECTION 2. THAT Section 41.05.002(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended as follows:
41.05.002 Impact fee exemptions.
(e) No additional roadway impact fee shall be assessed for existing, previously occupied
buildings that:
Are not being demolished;
Have a change of use; and
The total square footage is not increased by more than 1,000 additional square feet.
SECTION 3. 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 4. 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 5. THAT the City Secretary is herehv 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 23rd day of April , 2024.
Passed by the City Council on second reading this 14th day of May 2024.
ATT ST:
Couz ney Paz, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
IA' 'r
1 elli Leisure, Senior Assistant City Attorney
Amen dO rd.Im paetP ees_2024
4.10.24