(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
This article shall be known and cited as the water and wastewater
impact fees ordinance.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
This article is intended to impose water and wastewater impact
fees, as established in this article, in order to finance public facilities,
the demand for which is generated by new development in the designated
conceptual service area.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
The city is authorized to enact this article by the city charter
and by chapter 395 of the Texas Local Government Code, which authorizes
home-rule cities, among others, to enact or impose impact fees on
land within their corporate boundaries and in their extraterritorial
jurisdictions, and on persons with whom they have a water or sewer
service contract, 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 to adopt such Ordinance
pursuant to any other source of local authority, 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.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 4089-01-2023, 1-23-2023; Ord. No. 5345-12-2023, 12/11/2023)
As applied in this article, the following words and terms shall
be used:
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this article.
Written permission issued by the city for the construction,
repair, alteration or addition to a structure.
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, attorney's fees, and expert witness fees),
and the fees actually paid or contracted to be paid to an independent
qualified engineer or financial consultant preparing or updating the
capital improvements plan who is not an employee of the city.
Advisory committee, appointed by the city council, consisting
of at least five members which are not employees of the city, not
less than 40 percent of which shall be representatives of the real
estate, development, or building industries, and, if impact fees are
to be applied within the extraterritorial jurisdiction of the city,
including one member representing the extraterritorial jurisdiction;
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 capital improvements program in accordance with the
requirements of chapter 395 of the Texas Local Government Code, and
its successors.
Plan which identifies water and wastewater capital improvements
or facility expansions pursuant to which impact fees may be assessed.
City of Burleson.
Governing body of the city of Burleson.
Chief executive officer of the city, appointed by the council,
or the city manager's designee.
The comprehensive long-range plan, adopted by the city council,
which is intended to guide the growth and development of the city
which includes analysis, recommendations and proposals for the city
regarding such topics as population, economy, housing, transportation,
community facilities and land use.
Area within the corporate boundaries and within the extraterritorial jurisdiction of the city as defined by chapter 42 (Extraterritorial Jurisdiction of Municipalities) and chapter 43 (Municipal Annexation) of the Local Government Code, to be served by the water or wastewater capital improvements or facilities expansions specified in the capital improvements program applicable to the conceptual service area. The conceptual service area represents the general geographic basis for planning the utility capital improvement programs, used to formulate the fees. The service area is conceptual in nature and does not necessarily represent a definitive commitment for service by the city; the conceptual service area boundary also does not necessarily represent limits to service potential or fee assessment. The city's conceptual service area is shown on exhibit A, attached to Ordinance 5345-12-2023 and made a part hereof by reference.
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.
A structure on a single lot designed to accommodate two dwelling
units, as authorized under the city's zoning regulations.
A structure or portion of an overall structure in which a
typical household or person or unrelated persons would reside together.
A single dwelling unit would include a single-family detached house
or individual units of attached housing, i.e., one unit within a duplex,
triplex, fourplex, or larger apartment building.
Amount of impact fee collected per service unit, which may
be equal to or less than the maximum impact fees. Effective impact
fees are as set forth in exhibit C, attached to Ordinance 5345-12-2023
and made a part hereof by reference.
All development within the conceptual service area which
had a water or wastewater tap on the city's water or sewer system,
as of November 15, 2005, the date of the city's adoption of the
initial impact fee ordinance.
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, modernization,
or expansion of an existing facility to serve existing development.
The map, drawing or chart on which is provided a subdivider's
plan of a subdivision, and which has received final approval by the
planning and zoning commission and city council and which is recorded
with the office of the county clerk.
Finance director of the city of Burleson.
Capital construction costs of service related to providing
additional service units to new development, either from excess capacity
in existing facilities, from facility expansions or from new capital
facilities. Growth-related costs do not include:
Construction, acquisition, or expansion of public facilities
or assets other than capital improvements or facility expansions identified
in the capital improvements plan;
Repair, operation or maintenance of existing or new capital
improvements or facility expansions;
Upgrading, updating, expanding, or replacing existing capital
improvements to serve existing development in order to meet stricter
safety, efficiency, environmental, or regulatory standards;
Upgrading, updating, expanding, or replacing existing capital
improvements to provide better service to existing development;
Administrative and operating costs of the city; and
Principal payments and interest or other finance charges on
bonds or other indebtedness, except for such payments for growth-related
facilities contained in the capital improvements program.
Charge or assessment to be imposed by the city upon new development
to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable
to new development. The term includes authorized charges, lump-sum
charges, impact fees, contributions in aid of construction, and any
other fee that functions as described by this definition. Impact fees
do not include dedication of rights-of-way or easements, or construction
or dedication of site-related water distribution or wastewater collection
facilities, or streets, sidewalks, or curbs if the dedication or construction
is required by other valid ordinances of the city code and is necessitated
by and attributable to the new development; or lot or acreage fees
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.
Water meter used only for providing landscape irrigation
water demand.
Description of the conceptual 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, as may be amended
from time-to-time, upon which the capital improvement plan is based.
Basis for establishing equivalency among and within various
customer classes, based upon the relationship of the continuous duty
flow rate in gallons per minute for a water meter of a given size
and type compared to the continuous duty maximum flow rate in gallons
per minute for a 5/8" x 3/4" diameter simple water meter, using American
Water Works Association C700-C703 standards. LUE's for water
meters are shown below.
|
LINE EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS
| |||
|---|---|---|---|
|
Meter Type
|
Meter Size
|
Continuous Duty Maximum Rate (gpm)
|
Ratio to 5/8" x 3/4" Meter
|
|
Simple
|
5/8" x 3/4"
|
10
|
1.000
|
|
Simple
|
3/4"
|
15
|
1.500
|
|
Simple
|
1"
|
25
|
2.500
|
|
Simple
|
1-1/2"
|
50
|
5.000
|
|
Simple
|
2"
|
80
|
8.000
|
|
Compound
|
2"
|
80
|
8.000
|
|
Turbine
|
2"
|
100
|
10.000
|
|
Compound
|
3"
|
160
|
16.000
|
|
Turbine
|
3"
|
240
|
24.000
|
|
Compound
|
4"
|
250
|
25.000
|
|
Turbine
|
4"
|
420
|
42.000
|
|
Compound
|
6"
|
500
|
50.000
|
|
Turbine
|
6"
|
920
|
92.000
|
|
Compound
|
8"
|
800
|
80.000
|
|
Turbine
|
8"
|
1600
|
160.000
|
|
Compound
|
10"
|
1150
|
115.000
|
|
Turbine
|
10"
|
2500
|
250.000
|
|
Turbine
|
12"
|
3300
|
330.000
|
|
Source: AWWA Standards C700, C701, C702, C703.
| |||
A single structure containing three or more dwelling units.
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. New development excludes
the sale of water taps resulting from the conversion of an individual
well to the city's water utility and the sale of wastewater taps
resulting from the conversion of an individual septic or other individual
waste disposal system to the city's wastewater utility.
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.
A lot developed for use and occupancy as a single-family
residence or a duplex.
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
for a particular category of capital improvements or facility expansions
expressed in living units equivalent.
See living unit equivalent (LUE). For purposes of this article,
a service unit equivalent (SUE) is equivalent and interchangeable
with living unit equivalent (LUE) -
Single-family dwelling unit, as authorized under the city's
zoning regulations.
Improvement or facility which is for the primary use or benefit
of a new development and/or which is for the primary purpose of safe
and adequate provision of water or wastewater facilities to serve
the new development, and which is not included in the capital improvements
plan, and for which the developer or property owner is solely responsible
under subdivision and other applicable regulations.
A capital improvement or facility expansion which is designated
in the capital improvements plan and which is not a site-related facility.
A system-related facility may include a capital improvement which
is located offsite, within or on the perimeter of the development
site.
The filing with the city of a written application for a water
or wastewater tap and the acceptance of applicable fees by the city.
The term "tap purchase" shall not be applicable to a master water
meter or master wastewater connection purchased from the city by a
wholesale customer such as a water district, political subdivision
of the State of Texas, or other wholesale utility customer; nor shall
it be applicable to a meter purchased for and exclusively dedicated
to fire protection.
A structure on a single lot designed to accommodate three
dwelling units, as authorized under the city's zoning regulations.
Improvement for providing wastewater service, including,
but not limited to, land or easements, treatment facilities, lift
stations, or interceptor mains. Wastewater facility excludes wastewater
lines or mains which are constructed by developers, the costs of which
are reimbursed from charges paid by subsequent users of the facilities
and which are maintained in dedicated trusts. Wastewater facilities
also exclude dedication of rights-of-way or easements or construction
or dedication of on-site wastewater collection facilities required
by valid ordinances of the city and necessitated by and attributable
to the new development.
Expansion of the capacity of any existing wastewater improvement
for the purpose of serving new development, not including the repair,
maintenance, modernization or expansion of an existing wastewater
facility to serve existing development.
Portion of the CIP, as may be amended from time-to-time,
which identifies the wastewater facilities or wastewater facility
expansions and their associated growth-related costs which are necessitated
by and which are attributable to new development, for a period not
to exceed ten (10) years, which are to be financed in whole or in
part through the imposition of wastewater impact fees pursuant to
this article.
Improvement for providing water service, including, but not
limited to, land or easements, water supply facilities, treatment
facilities, pumping facilities, storage facilities, or transmission
mains. Water facility excludes water lines or mains which are constructed
by developers, the costs of which are reimbursed from charges paid
by subsequent users of the facilities and which are maintained in
dedicated trusts. Water facilities also exclude dedication of rights-of-way
or easements or construction or dedication of on-site water distribution
facilities required by valid ordinances of the city and necessitated
by and attributable to the new development.
Expansion of the capacity of any existing water improvement
for the purpose of serving new development, not including the repair,
maintenance, modernization or expansion of an existing water facility
to serve existing development.
Portion of the CIP, as may be amended from time-to-time,
which identifies the water facilities or water facility expansions
and their associated growth-related costs which are necessitated by
and which are attributable to new development, for a period not to
exceed ten (10) years, which are to be financed in whole or in part
through the imposition of water impact fees pursuant to this article.
Water or wastewater customer of the city's utilities
which purchases utility service at wholesale rates for resale to their
retail customers.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
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 for new development that receives
water or wastewater service from the city shall be issued and no building
permit shall be issued unless the applicant has paid the impact fees
imposed by the Ordinance and calculated hereunder.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The water and wastewater conceptual service areas are established
as shown on the conceptual service area maps that are marked exhibit
A, attached to Ordinance 5345-12-2023 and made a part hereof by reference.
(b)
The conceptual service areas shall be established consistent with
any facility conceptual service area established in the CIP for each
utility. Additions to the conceptual service area may be designated
by the city council consistent with the procedure set forth in chapter
395 of the Texas Local Government Code and its successors.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
Land use assumptions used in the development of the impact fees
are contained in exhibit B attached Ordinance 5345-12-2023 and made
a part hereof by reference. These assumptions may be revised by the
city council according to the procedure set forth in chapter 395 of
the Texas Local Government Code and its successors.
(Ord. No. C-590(D0314), § 1(1.09), 3-17-2014; Ord.
No. 5345-12-2023 adopted 12/11/2023)
(a)
Service units are established in accordance with generally accepted
engineering and planning standards.
(b)
Service units shall be calculated based on living units equivalent
as determined by the size of the water meter(s) for the development;
or alternatively, as approved by the city manager as a result of an
engineering report prepared by a qualified professional engineer licensed
to perform such professional engineering services in the State of
Texas, which demonstrates that the number of LUE's of service
for the new development will be different than those indicated by
the size of the water meter.
(c)
If a fire demand meter (tap) is purchased for a property, the meter
size utilized to calculate the number of LUE's shall be the dimension
of the portion of the fire demand meter which reflects the meter size
which would provide only domestic service to the property. Said reduced
meter size shall then be utilized to calculate the number of LUE's.
(1)
The meter types used to calculate the number of LUE's shall
be either simple or compound meters.
(2)
If the fire protection capacity of the fire demand meter is
routinely utilized for domestic purposes as evidenced by the registration
of consumption recorded on the city's meter-reading and billing
systems, the then-owner of the property shall be assessed the then-current
fee for the fire protection capacity which has been converted to domestic
capacity by its routine usage as domestic capacity.
(3)
To avoid the use of fire flow volumes for domestic usage, the
owner of any property for which a fire demand meter is purchased shall
be required to execute a restrictive covenant on a form approved by
the city, which covenant shall acknowledge the right of the city to
assess such fees to subsequent owners of the property. Said covenant
shall be executed prior to the purchase of the fire demand meter and
shall be filed in the deed records of the County.
(4)
No fees shall be collected for the purchase of taps which shall
be utilized to provide only fire protection capacity.
(d)
Upon wastewater tap purchase for lots for which no water meter has
been purchased, service units shall be established by a professional
engineer licensed in the state and shall be reviewed by the city manager,
who shall designate the appropriate number of service units.
(e)
The city council may revise the service units designation according
to the procedure set forth in chapter 395 of the Texas Local Government
Code and its successors.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The maximum impact fee per service unit for each conceptual service
area shall be computed by subtracting fifty percent (50%) of the total
projected cost of implementing the capital improvements plan for that
category of capital improvements, and dividing the growth-related
capital construction cost of service in the conceptual service area
identified in the capital improvements plan for that category of capital
improvements, by the total number of projected service units anticipated
within the conceptual service area which are necessitated by and attributable
to new development, based on the land use assumptions for that conceptual
service area. Maximum impact fees per service unit for each conceptual
service area are established by category of capital improvements and
are set forth in exhibit C attached Ordinance 5345-12-2023 and made
a part hereof by reference.
(b)
Exhibit C may be amended by the city council according to the procedure
set forth in chapter 395 of the Texas Local Government Code and its
successors.
(c)
The effective impact fees per service unit, shown in exhibit C to
Ordinance 5345-12-2023, may be amended from time-to-time by the city
council, through ordinance amendment, to any amount equal to or less
than the maximum fees set forth in exhibit C.
(d)
In accordance with section 395.014(a)(7) of the Local Government
Code, the capital improvements plans (exhibits D and E to Ordinance
5342-12-2023) have included a credit equal to fifty percent (50%)
of the total projected cost of implementing the capital improvements
plans, and the credit was applied to such projected costs prior to
calculation of the maximum and effective impact fees shown in exhibit
C.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The approval of any subdivision of land or of any new development
shall include as a condition the assessment of the impact fee applicable
to such development.
(b)
Assessment of the impact fee for any new development shall be made
as follows:
(1)
For new development which is submitted for approval pursuant to the city's subdivision regulations following the effective date of this article, assessment shall be at the time of recording the final subdivision plat with the county clerk and shall be the value of the effective impact fee per service unit then in effect, as provided in exhibit C to Ordinance 5345-12-2013 as set forth in section 44-60(c). The city may provide the subdivider with a copy of exhibit C prior to final subdivision plat approval, but providing such copy shall not constitute assessment within the meaning of this article.
(2)
For new development for which a final subdivision plat was recorded
with the county clerk prior to November 15, 2005 and for which no
replatting is necessary prior to the issuance of a building permit,
assessment shall be upon the issuance of a building permit (or upon
issuance of a water or sewer tap for properties outside the city limits),
and shall be the value of the maximum impact fee per service unit
in effect November 15, 2005.
(3)
For new development occurs or is proposed to occur without platting,
assessment shall be upon the issuance of a building permit (or upon
issuance of a water or sewer tap for properties outside the city limits),
and shall be the value of the maximum impact fee per service unit
set forth in exhibit C to Ordinance 5345-12-2023.
(4)
For properties with existing taps that were purchased prior to November 15, 2005, owners may exchange those purchased taps for taps which will reflect an equivalent number of LUE's, as determined under section 44-59. If the exchange of said taps will result in an increase in the number of LUE's, the purchaser shall be assessed the effective impact fee in effect at the time of tap exchange, based on the additional LUE's required.
(5)
Water demand related solely to landscape irrigation demand shall
be assessed a water impact fee, but shall not be assessed a sewer
impact fee.
(6)
Because fire protection is of critical concern to the community
as a whole, water demand related solely to fire protection is not
subject to assessment of an impact fee. However, if the fire protection
capacity of the fire demand meter is routinely utilized for domestic
purposes as evidenced by the registration of consumption recorded
on the city's meter-reading and billing systems, the current
owner of the property shall be assessed the impact fees currently
in effect at the time such conversion is established by the city for
the fire protection capacity which has been converted to domestic
capacity by its routine usage as domestic capacity.
(d)
Following the lapse or expiration of approval for a plat, a new assessment
must be performed at the time a new application for such development
is filed.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
Following the request for new development as provided in section 44-61 of this article, the city shall compute impact fees due for the new development in the following manner:
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
No water or wastewater tap or building permit shall be issued until
all impact fees due have been paid to the city, or until a "notice
of impact fee due" is recorded as provided in this section, except
as provided otherwise by contract.
(b)
Effective impact fees, as shown in exhibit C to Ordinance # 5345-12-2023, shall be paid at the time of the issuance of a building permit, except as provided in subsection (c) through section (f) of this section.
(c)
For land platted outside the corporate boundaries of the city, fees
shall be collected at the time an application for connection to the
city's water or wastewater system is filed.
(d)
If the city lacks authority to issue building permits in the area
where the impact fee applies, impact fees shall be collected at the
time an application is filed for connection to the city's water
or wastewater system.
(e)
The city may, at its sole discretion, enter into contracts to establish
a different date of fee collection than those provided in this section.
(f)
It shall be the policy of the city to attempt to revise any contracts
which might exist with wholesale customers, or which in the future
may be entered into for wholesale service, in such a manner that impact
fees are collected from the wholesale customer according to the number
of LUE's attributable to each retail meter for new development
within the wholesale customer's service area.
(g)
The city of Burleson shall collect city of Fort Worth impact fees
at the same time as but in addition to city of Burleson impact fees.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
This section is no longer applicable. There is no suspension
of fee collection.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
Pursuant to rules established in this section, the city may offset
50% of the value of any system-related facilities which have been
dedicated to and received by the city without city participation in
the cost thereof, including the value of rights-of-way or capital
improvements constructed pursuant to an agreement with the city, against
the value of the impact fees due for that category of capital improvement.
(b)
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.
(2)
The unit costs used to calculate the offsets shall not exceed
those assumed for the capital improvements included in the capital
improvements plan for the category of facility within the conceptual
service area for which the impact fee is imposed.
(3)
If an offset or credit applicable to a plat or development has
not been exhausted within 10 years from the date of the issuance of
the first building permit after the effective date of this article
or within such period as may be otherwise designated by contract,
such offset or credit shall lapse.
(4)
In no event will the city 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.
(c)
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 plat recordation, or if development is to occur without platting,
at or before issuance of a building permit (or at or before issuance
of a water or sewer tap for properties outside the city limits). The
applicant shall file a petition for offsets or credits with the city
on a form provided for such purpose. The contents of the petition
shall be established by administrative guidelines. The city must 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 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.
(d)
The available offset or credit associated with the plat or development
shall be applied against an impact fee in the following manner:
(1)
Such offset or credit shall be prorated equally among all service units, as calculated in section 44-59, and remain applicable to such service units, to be applied at time of filing and acceptance of an application for a building permit, against impact fees due.
(2)
If the total number of service units used by the city in the original offset or credit calculation, as described in subsection (1) above, 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.
(3)
At its sole discretion, the city may authorize alternative credit
or offset agreements upon petition by the owner in accordance with
guidelines promulgated by the city.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The city's finance department shall establish an account for
each service area for each category of capital facility for which
an impact fee is imposed. Each impact fee collected within the service
area shall be deposited in such account.
(b)
Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in section 44-67. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article.
(c)
The city's Finance Department shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 44-67. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purpose and intent of this article. Any impact fee paid shall be expended within a reasonable period of time, not to exceed ten (10) years from the date the fee is deposited into the account. Execution of a design or construction contract by the city shall be considered to be expenditure of funds of the account.
(d)
The city's finance department shall maintain and keep financial
records for impact fees, which shall show the source and disbursement
of all fees collected in or expended from each service area. The records
of the account into which impact fees are deposited shall be open
for public inspection and copying during ordinary business hours.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(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 retire bonds or 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 construction
costs of service.
(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 in the associated capital improvements
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.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The property owner or applicant for new development may appeal the
following decisions to the city council:
(b)
The burden of proof shall be on the appellant to demonstrate 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 for determining offsets and credits.
(c)
The appellant must file a notice of appeal with the city manager
within thirty (30) days following the decision. The development application
or tap purchase or building permit application may be processed while
the appeal is pending if the notice of appeal is accompanied by a
bond or other sufficient surety satisfactory to the city Secretary
in an amount equal to the original determination of the impact fee
due.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
Any impact fee or portion thereof collected pursuant to this article
which has not been expended as authorized by this article 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 political subdivision or
governmental entity, to such political subdivision or 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, Finance Code, or its successor statute.
(b)
An impact fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements or facilities expansions authorized in section 44-67 within ten (10) years following the date of payment exceeds the total fees collected for such improvements or expansions during such period.
(c)
If a refund is due pursuant to subsections (a) and (b), 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 conceptual 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.
(d)
Upon completion of all the capital improvements or facilities expansions
identified in the capital improvements plan upon which the fee was
based, the city shall recalculate the maximum impact fee per service
unit using the actual costs for the improvements or expansions. If
the maximum impact fee per service unit based on actual cost is less
than the impact fee per service unit paid, the city shall refund the
difference, if such difference exceeds the impact fee paid by more
than ten percent (10%). The refund to the record owner or governmental
entity shall be calculated by multiplying such difference by the number
of service units for the development for which the fee was paid, and
interest due shall be calculated upon that amount.
(e)
Upon the request of an owner of the property on which an impact fee
has been paid, the city shall refund such fees if:
(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 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 or facility expansion
to be constructed, but in no event later than five years from the
date of fee payment.
(f)
The city shall refund an appropriate proportion of impact fee payments
in the event that a previously purchased unused water meter is replaced
with a smaller meter, based on the LUE differential of the two meter
sizes and the per-LUE fee at the time of the original fee payment,
less an administrative charge of $50.00.
(g)
Petitions for refunds shall be submitted to the city council on a
form provided by the city for such purpose. Within one month of the
date of receipt of a petition for refund, the council must 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 council shall notify the finance director and request
that a refund payment be made to the petitioner.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
The city shall review the land use assumptions and capital improvements
plan for water and wastewater facilities at least every five years,
the first five year period which shall commence from the date of adoption
of the capital improvements plan referenced herein. The city council
shall accordingly then make a determination of whether changes to
the land use assumptions, capital improvements plan or impact fees
are needed and shall, in accordance with the procedures set forth
in chapter 395 of the Texas Local Government Code, or any successor
statute, either update the fees or make a determination that no update
is necessary.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The functions of the advisory committee are those set forth in chapter
395 of the Texas Local Government Code, or any successor statute,
and shall include the following:
(1)
Advise and assist the city in adopting land use assumptions;
(2)
Review the capital improvements plan regarding water and wastewater
capital improvements and file written comments thereon;
(3)
Monitor and evaluate implementation of the capital improvements
program;
(4)
Advise the city of the need to update or revise the land use
assumptions, capital improvements program and impact fees; and
(5)
File semiannual reports evaluating the progress of the city
in achieving the capital improvements plans and identifying any problems
in implementing the plans or administering the impact fees, and any
perceived inequities in administration of the fee.
(b)
The city shall make available to the Advisory Committee any professional
reports prepared in the development or implementation of the capital
improvements plan.
(c)
The council shall adopt procedural rules for the committee to follow
in carrying out its duties.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The city may finance water and wastewater capital improvements or
facilities expansions designated in the capital improvements plan
through the use of operating cash transfers, 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 impact fee shall be additional and supplemental to, and not
in substitution of, any other tax, fee, charge or assessment which
is lawfully imposed on and due against the property.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(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 impact fees are intended to be consistent with
and to further the policies of the city's comprehensive plan,
capital improvements plan, 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.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
Any person who has paid an impact fee or an owner of land upon
which an impact fee has been paid may petition the city manager to
determine whether any duty required by this article has not been performed
within the time so prescribed. The petition shall be in writing and
shall state the nature of the unperformed duty and request that the
act be performed within 60 days of the request. If the manager determines
that the duty is required pursuant to this article and is late in
being performed, it shall cause the duty to commence within 60 days
of the date of the request and to continue until completion.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
In an area where water service is provided under a contract between
the city and a water district, utility district, or other political
subdivision, the city may agree that the water impact fees or other
capital recovery fees of the district or political subdivision shall
be collected in the area instead of the city's water impact fees.
Before the city enters into such a contract the city council shall
find that the agreement will be in the city's best interest.
(Ord. No. C-590(D0314), 3-17-2014; Ord.
No. 5345-12-2023, 12/11/2023)
(a)
The city manager shall submit a written certification verifying compliance
with this chapter to the Texas Attorney General each year not later
than the last day of the city's fiscal year.
(b)
The certification must be signed by the presiding officer of the
city council and must include a statement that reads substantially
similar to the following: "This statement certifies compliance with
chapter 395, Local Government Code."
