This article is intended to impose impact fees for wastewater treatment and water supply, pumps and storage facilities as established in this article, in order to finance public facilities, the demand for which is generated by new development (please see definition) in the designated service area or areas.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
The city council is authorized to enact this article by Texas Local Government Code, chapter 395, as amended, which authorizes home-rule cities, among others, to enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions, and to persons with whom they have a wastewater or water supply service contract, as charges or assessments imposed against new development (please see definition) 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 (please see definition). The provisions of this article shall not be construed to limit the power of the city council to adopt such ordinance 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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
Editor’s note—Formerly, § 22-402 pertained to definitions, derived from Ord. No. 1128, § 1, adopted Nov. 9, 1999; Ord. No. 1162, § 2, adopted Sept. 26, 2000; and Ord. No. 1203, § 1, 1-8-2002. Such section was repealed by Ord. No. 1272, § 4, adopted Dec. 9, 2003. For current provisions pertaining to similar subject matter, see § 22-1 and § 22-408
(a) 
This article shall be uniformly applicable to new development (please see definition), which occurs within the corporate limits of the city and its extraterritorial jurisdiction, and other areas serviced by a city wastewater treatment facility or water facility.
(b) 
No new development (please see definition) shall be exempt from the assessment of impact fees as defined in this article.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
No application for new development (please see definition) 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 has paid the impact fees imposed by and calculated hereunder.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(a) 
The water and wastewater service areas are established as shown on the service area map, which is attached hereto as Exhibit B[1] to this chapter.
[1]
Editor's note–Said Exhibit B is included as an attachment to this chapter.
(b) 
The service areas shall be established consistent with any facility service area defined in the CIP for each utility or facility. Additions to the service area may be designated by the city council consistent with the procedure set forth in Texas Local Government Code, chapter 395.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
Land use assumptions used in the development of the impact fees are contained in Exhibit A[1] to this chapter. These assumptions may be revised by the city council according to the procedure set forth in Texas Local Government Code,, chapter 395.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
[1]
Editor's note–Said Exhibit A is included as an attachment to this chapter.
(a) 
Service units are established in accordance with generally accepted engineering and planning standards.
(b) 
The water and wastewater impact fees per service unit shall be calculated based on living unit equivalents as determined by the category of service for the development, or alternatively, as approved by the city council, based on the recommendation of the director as a result of an engineering report prepared by a qualified professional engineer licensed to perform such professional engineering services in the state, which demonstrates that the number of LUE's of service for the new development (please see definition) will be different than those indicated by the category of service.
(c) 
No impact fee shall be assessed or collected from properties utilizing water service through fire flow connectors or fire demand meters only.
(d) 
If a fire demand meter (tap) is purchased for a property, the number of service units shall be calculated based only upon the demand for regular residential, commercial or industrial service to the property.
(e) 
Living unit equivalent (LUE) established are as follows:
Category
Service Unit
LUE
Water CIF
Wastewater CIF
Total
Dwelling unit
1 unit
1.00
Lawn irrigation
1,000 sf of irrigated land
0.07
Swimming pool
1 pool
0.10
Restaurant
1 person (based on max)
0.07
Cocktail lounge
1 person (based on maximum)
0.04
Store/shop
1 restroom
0.50
Convenience store
1 store
2.78
Self-service laundry
1 washing machine
0.66
Bath house/spa
1 water fixture
0.06
Hospital
1 bed
0.50
Warehouse
1 restroom
0.50
Service station
1 station
2.30
Classroom (church or school)
1 student
0.05
Office building
150 square feet
0.05
Car wash
1 stall
2.50
Movie theater
1 seat
0.02
Recreational vehicle park
1 space
0.40
Motel/hotel (unit without kitchen)
1 unit
0.50
Motel with kitchen
1 unit
0.75
Nursing home/assisted care facility
1 unit per bed
0.50
Boat docks
1 slip
0.16
Church sanctuary
1 fixture
0.13
*NOTE: Dwelling units include manufactured homes, apartments, condominiums and all other residential dwelling structures not listed above.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1272, § 5, 12-9-03; Ordinance 1981 adopted 8/12/2025)
(a) 
The water and wastewater impact fee per service unit shall be determined based on the following'
System
Maximum Allowable Impact Fee per LUE
Impact Fee per LUE Assessment and Collection
Water
$4,056.00
$4,056.00
Wastewater
$3,819.00
$3,819.00
(b) 
Maximum assessable impact fees in subsection (a) may be amended by the city council according to the procedure set forth in Texas Local Government Code, chapter 395.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1203, § 2, 1-8-2002; Ordinance 1981 adopted 8/12/2025)
(a) 
The approval of any subdivision of land or of any new development (please see definition) 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 (please see definition) shall be made as follows and shall be based upon the impact fee per service unit set forth in Exhibit A[1] at the time of assessment:
(1) 
For a new development (please see definition), which has received final plat approval prior to the effective date of this article and for which no replatting is necessary prior to water or wastewater tap purchase, assessment shall be upon the effective date of this article.
(2) 
For a development, which is final platted pursuant to the city's subdivision regulations following the effective date of this article, assessment shall be at the time of final plat recordation.
[1]
Editor's note–Said Exhibit A is included as an attachment to this chapter.
(c) 
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 regular residential, commercial or industrial purposes as evidenced by the record of consumption recorded on the city's meter-reading and billing systems, the then current impact fee should be assessed and collected from the current owner of the property for the routine usage as domestic capacity.
(d) 
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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(a) 
Following a request for a building permit or tap purchase for new development (please see definition), the director shall compute impact fees due for the new development (please see definition) in the following manner:
(1) 
The number of LUE's shall be determined by the category of service or as otherwise determined by the city council as provided in subsection (b) of section 22-408; and
(2) 
The total service units shall be multiplied by the appropriate per-unit fee value determined as set forth in section 22-409.
(b) 
The value of each impact fee due for a new development (please see definition) shall not exceed the values shown in Exhibit A[1].
[1]
Editor's note–Said Exhibit A is included as an attachment to this chapter.
(c) 
Separate impact fees shall be calculated for water and wastewater service.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(a) 
No water or wastewater tap shall be allowed until all impact fees have been paid in full to the city, except as provided otherwise by this section.
(b) 
Except as provided in subsections (c) below, impact fees shall be collected at the time of issuance of the building permit. For land platted outside this city's corporate limits, the city shall collect impact fees at the time an application for an individual meter connection to the city's water and/or wastewater system is filed. If the city lacks authority to issue building permits in the area where the impact fees applies, the city shall collect the impact fees at the time an application is filed for an individual meter connection to the political subdivision's water or wastewater system.
(c) 
The city may enter into an agreement with the owner of a tract of land for which a plat has been recorded providing for payment of the impact fees in up to 18 monthly payments.
(d) 
Impact fees paid overtime shall accrue interest of six percent APR and monthly payments shall not be less than $100.00.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1148, § 1, 5-11-00; Ordinance 1162, § 3, 9-26-00; Ordinance 1203, § 3, 1-8-2002; Ordinance 1238, § 1, 1-28-03; Ordinance 1981 adopted 8/12/2025)
(a) 
The director shall establish separate interest-bearing accounts, in a bank authorized to receive deposits of city funds, for each major category of capital facility for which an impact fee is imposed pursuant to this article.
(b) 
Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in section 22-414.
(c) 
The director 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 22-414. Disbursement of funds shall be authorized by the director 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 director shall maintain and keep adequate financial records for each 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 each account shall be used solely and exclusively for the provision of uses specified in the capital improvements plan as system-related capital projects.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(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 improvements plan;
(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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(a) 
The property owner or applicant for new development (please see definition) may appeal the following decisions to the director or his/her designee:
(1) 
The applicability of an impact fee to the development;
(2) 
The value of the impact fee due;
(3) 
All appeals shall be filed with the city secretary within 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 for determining offsets and credits.
(c) 
The appellant may appeal the decision of the director to the city council. The applicant must file a notice of appeal to the city council with the city secretary within 30 days following the director's decision. If the notice of appeal is accompanied by a bond or other sufficient surety 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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
The city shall review the land use assumptions and capital improvements plan for wastewater treatment and water supply, pumps and storage facilities at least every five years, the first five-year period to 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, either update the fees or make a determination that no update is necessary.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1203, § 4, 1-8-2002; Ordinance 1981 adopted 8/12/2025)
(a) 
The functions of the 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 improvements plan regarding wastewater treatment and water supply, pumps and storage facilities capital improvements and file written comments thereon;
(3) 
Monitor and evaluate implementation of the capital improvements plan;
(4) 
Advise the city of the need to update or revise the land use assumptions, capital improvements plan and impact fees; and
(5) 
File a semiannual report evaluating the progress of the city in achieving the capital improvement plan 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 plan.
(c) 
The city council shall adopt procedural rules for the advisory committee to follow in carrying out its duties.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(a) 
The city council may finance wastewater treatment and water supply, pumps and storage facilities, and capital improvements or facilities expansions designated in the capital improvements 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 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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
(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 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.
(Ordinance 1128, § 1, 11-9-99; Ordinance 1981 adopted 8/12/2025)
The city shall submit a written certification verifying compliance with chapter 395 to the attorney general each year not later than the last day of the city's fiscal year. The certification shall be signed by the mayor and include the statement:
"This statement certifies compliance with Texas Local Government Code, chapter 395."
(Ordinance 1203, § 5, 1-8-2002; Ordinance 1981 adopted 8/12/2025)