This article is intended to assure the provision of adequate
public facilities to serve new development in the city by requiring
each such new development to pay its share of the costs of such improvements
necessitated by and attributable to such new development.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
This article is adopted pursuant to the general legislative
and governmental authority of the city as provided by the Texas Constitution
and the general laws of the state, including, but not limited to,
Texas Local Government Code chapter 395. This article shall not be
construed to limit the power of the city to utilize other methods
authorized under state law or pursuant to other city powers to accomplish
the purposes set forth herein, either in substitution or in conjunction
with this article. Guidelines may be developed by resolution or otherwise
to implement and administer this article.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
Terms defined herein are specific to this article and shall
not be construed as conflicting with similar terms in other parts
of the code.
The determination of the amount of the impact fee per service
unit to be imposed on new development pursuant to this article.
Any water supply, treatment, and distribution, wastewater
collection and treatment, or roadway that has a life expectancy of
three or more years and is owned and operated by or on behalf of the
city including the city’s share of costs for infrastructure
and associated improvements designated on a city’s master plan
but constructed by another entity.
The advisory committee created in compliance with Texas Local
Government Code, section 395.058.
A plan recommended by capital improvements advisory committee
and approved by the city council that identifies capital improvements
or facility expansions for which impact fees may be assessed. This
is the equivalent of the capital improvements plan as described in
Texas Local Government Code chapter 395.
The City of Odessa, Texas.
The city council of the City of Odessa, Texas.
The city manager of the City of Odessa, Texas, or his or
her designee.
The amount assessed per service unit, which is equal to the maximum assessable impact fee as reduced accordingly in compliance with section 10-4-33.
An amount equal to the portion of ad valorem tax and utility
service revenues generated by new service units during the program
period that is used for the payment of improvements, including the
payment of debt, that are included in the capital improvement plans
in accordance with Texas Local Government Code, section 395.014 (credit
is not an offset, defined below).
September 9, 2021.
The expansion of the capacity of an existing facility that
serves the same function as an otherwise necessary new capital improvement,
in order that the existing facility may serve new development. The
term does not include the repair, maintenance, modernization, or expansion
of an existing facility to better serve existing development.
The point at which the plat has been filed with the county.
This term applies to both original plats and replats.
A charge or assessment imposed as set forth in this article
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 the new development.
The term includes amortized charges, lump-sum charges, capital
recovery fees, contributions in aid of construction and any other
fee that functions as described by this article. The term is inclusive
of both the maximum assessable impact fee and the impact fee collection
rate as herein described. The term does not include:
Dedication of land for public parks or payment in lieu of the
dedication to serve park needs;
Dedication of rights-of-way or easements or construction or
dedication of on-site or off-site water distribution, wastewater collection
or drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated
by and attributable to the new development;
Lot or acreage fees to be placed in trust funds for the purpose
of reimbursing developers for oversizing or constructing water or
sewer mains or lines; or
Other pro rata fees for reimbursement of water or sewer mains
or lines extended by the city.
An item included in the Capital Improvement Plans may not be
required to be constructed except in accordance with Texas Local Government
Code, section 395.019(2), and an owner may not be required to construct
or dedicate facilities and to pay impact fees for those facilities.
A description of the service area and projections of changes
in land uses, densities, intensities, and population in the service
area over at least a 10-year period.
Are tables set forth in the impact fee study that provide
the standardized measure of consumption or use of roadway facilities
attributable to a new development. The LUVMET expresses the number
of service units consumed by each individual land use application
as vehicle miles per development unit based on regionalized city values.
The impact fee that is established for each service area computed by calculating the total projected costs of capital improvements necessitated by and attributable to new development and subtracting a credit in accordance with Texas Local Government Code, section 395.015. The maximum impact fee shall be established and reflected in section 10-4-33. The city may adopt an impact fee collection rate that is less than this amount, but in no instance shall the impact fee exceed the maximum assessable impact fee except by amendment of this article.
A project involving the subdivision of land and/or the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of any structure, or any use or extension
of the use of land which has the effect of increasing the requirements
for capital improvements, measured by an increase in the number of
service units.
An owner of real property, or an agent, employee, applicant
or representative thereof who is authorized to act on the real property
owner’s behalf, or a person who is subject to and/or has paid
an impact fee.
The amount of a reduction of an impact fee reflecting the
value of any construction of, contribution to, or dedication of a
system-related facility agreed to or required by the city as a condition
of development approval, pursuant to rules herein established or pursuant
to administrative guidelines which value shall be credited on an actual
cost basis against capital improvements (offset is not a credit, defined
above).
An arterial that has been designated on the adopted master
thoroughfare plan of the city, together with all necessary appurtenances
(excluding rights-of-way). The term includes the city’s share
of costs for roadways and associated improvements designated on the
federal or state 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.
The area(s) of the city to be served by the capital improvements
or facilities expansions specified in the capital improvement plans.
The map of City of Odessa Service Areas adopted is contained within
the impact fee study and incorporated herein.
For water and wastewater impact fees:
One (1) service area covers the city and extraterritorial
jurisdiction.
For roadway impact fees:
The term means the three (3) service areas within the city’s
corporate limits, which:
A standardized measure of consumption, use, generation, or
discharge 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 (10) years. (For water and wastewater this is measured
by meter size and for roadway this equals one vehicle mile of travel
in the afternoon peak hour of traffic and is also referred to as a
“vehicle mile”).
An improvement or facility which is for the primary use or
benefit of a new development, or which is for the primary purpose
of safe and adequate provision of roadway, water, or wastewater facilities
to serve the new development, and which is not included in the capital
improvement plans.
Is designated in the capital improvement plans for purpose
of impact fees. This term may include a capital improvement, which
is located off-site, within, or on the perimeter of the new development
site.
Includes, but is not limited to, a wastewater interceptor
or main, lift station or other facility or improvement used for providing
wastewater collection and treatment included within the city’s
collection system for wastewater as illustrated on the city’s
master plan. This term includes land, easements, or structures associated
with such facilities. This term excludes a site-related facility.
Includes, but is not limited to, a water interceptor or main,
pump station, storage tank, or other facility or improvement used
for providing water supply, treatment, and distribution service included
within the city’s water storage or distribution system as illustrated
on the city’s master plan. This term includes, but is not limited
to, land, easements, or structures associated with such facilities.
This term excludes site-related facility.
A device owned by the city for measuring the flow of water
to a service unit(s), whether for domestic or irrigation purposes.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
