HomeMy WebLinkAboutORD 96-01 - Water/Wastewater FeesAN ORDINANCE OF E CITY COUNCIL OF 1 OF
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IMPACT FEES; PROVIDING FOR THE ASSESSNIENT AND
COLLECTION OF SUCH IMPACTPROVIDING EXCEPTIi
AND EXEMPTIONS; REPEALING CONFLICTINGORDINANCES 1• t
RESOLUTIONS; Ii 1`. SEVERABILITYAND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395, the Texas Impact Fee Act
authorizes a city to adopt impact fees for the purpose of financing capital facilities required by
new developmend;
WHEREAS, the City of Georgetown has duly appointed an Impact Fee Advisory
Committee and has adopted Land Use Assumptions and an Impact Fee Capital Improvements
Plan in accordance with the requirements of the Texas Impact Fee Act; and
WHEREAS, the City of Georgetown, having complied with all substantive and
procedural requirments of the Texas Impact Fee Act, the City of Georgetown finds it necessary
and appropriate to establish water and wastewater impact fees to pay the costs of certain capital
improvements for new development;
NOW, THEREFORE9 BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF !' ! ATa
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereon, as if copied verbatim. The City Council hereby finds that this
ordinance implements Environmental and Resource Conservation Policy 2, Finance Policy 2, and
Utilities/Energy Policy 3 and 5 of the Century Plan - Policy Plan Elements, which state:
The City has a water resources system that provides a sufficient water supply of high
quality to meet future City needs, economic development and recreational requirements,
and to conserve wildlife;
Each utility system is a self -supported operation;
The City's Functional Plan for utilities creates and maintains a posture that encourages
and provides economic development in the City of Georgetown; and
Water and Wastewater Impact Fees
Ordinance No.
Page 1 of 2
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Water, wastewater, electricity, and solid waste collection cervices meet the immediate
and future needs of all citizens and encourage and provide for economic development;
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan,
SECTION 2. Attachment "A", relating to water and wastewater impact fees is hereby
adopted by the City Council of the City of Georgetown, Texas.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect in (10)
ten days on and after publication in accordance with the provisions of the Charter of the City
of Georgetown.
PASSED AND APPROVED on First Reading on the day of 12e e.,i; vwcr , 1995.
PASSED AND APPROVED on Second Reading on thelday of , x , 1995
City Secretary
APPROVED AS TO FORM:
THE CITY OF GEORGETOWN:
By: '--LEO WOOD
Mayor
Marianne Landers Banks
City Attorney
Water and Wastewater Impact Fees
Ordinance No.
Page 2 of 2
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Attachment "A" "
Section
13.32.010 General Provisions
13.32.020 Land Use Assumptions
13.32.030 Water and Wastewater Impact Fee Service Area
13.32.040 Impact Fee Capital Improvements Plan for Water and Wastewater Facilities
13.32.050 Determination of Service Units
13.32.060 Impact Fees Per Service Unit
13.32.070 Assessment of Impact Fees
13.32.080 Computation of Impact Fees
13.32.090 Collection of Impact Fees
13.32.100 Credits
13.32.110 Grandfathered Plats
13.32.120 Exceptions and Exemptions
13.32.130 Establishment of Accounts
13.32.140 Use of Proceeds of Impact Fee Accounts
13.32.150 Refunds
13.32.160 Updates to Plan and Revisions of Fees
13.32.170 Use of Other Financing Mechanisms
13.32.180 Impact Fees As Additional And Supplemental Regulation
13.32.190 Relief Procedures
(a) Purpose. The purpose of the water and wastewater impact fees are to generate
revenue for funding or recouping the cost of capital improvements or facility expansions
necessitated by and attributable to new development.
(b) Applicability. This chapter shall be applicable uniformly to new development
which occurs within the water and wastewater service area. For new development which occurs
within the boundaries of the city's wholesale customers or other political subdivisions, the
applicability and terms for the assessment and collection of the impact fee shall be defined by
agreement.
(c) Authority. This chapter is adopted pursuant to the authority of the Texas Local
Government Code Ann. Chapter 395 (Vernon 1988), hereinafter to be known as the "Texas
Impact Fee Act". The provisions of this chapter shall not be construed to limit the power of the
city to adopt an impact fee pursuant to any other source of local authority nor to limit the
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utilization of any other methods or powers otherwise available for accomplishing the purposes
set forth herein.
(d) Development approval. No application for new development shall be
approved by the city without assessment of an impact fee pursuant to this chapter, and no
application for tap purchase shall be approved until the applicant has paid the impact fee imposed
by and calculated hereunder.
(e) Definitions. As utilized in this chapter, the following terms shall have the
meanings ascribed to them herein below:
(1) ASSESSMENT means a determination of the amount of the impact fee per
service unit in effect on the date or occurrence established for same herein and is the maximum
amount that can be charged per service unit of development.
(2) CAPITAL IMPROVEMENT means water supply, treatment and distribution
facilities and wastewater collection and treatment facilities owned and operated by or on behalf
of the City of Georgetown having a live expectancy of three or more years.
(3) IMPACT FEES means a charge imposed upon new development in order to
generate revenue for funding or recouping the costs of capital improvements or facility
expansions necessitated by or attributable to new development. The term does not include
dedication of site -related water distribution or wastewater collection facilities required by other
ordinances of the City Code or fees placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or sewer mains or lines.
(4) DIRECTOR means the Director of the City of Georgetown Community
Owned Utilities or his designee.
(5) EXISTING DEVELOP NT means 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.
(6) ECONOMIC DEVELOPMENT PROJECT means a new development
project which has been designated an Exonomic Development Project by the City Council and
which has received any one of the following: (a) Federal funds in the form of loans or grants;
(b) City funds in the form of fee waivers, tax incentives, discounted costs or rates for city
services; or (c) any discount or cost reduction not available without specific action of the City
Council.
(7) FINAL SUBDIVISION PLAT means the map, drawing or chart on which
is provided a subdivider's plan of a subdivision which has received final approval by the
Planning Commission or City Council and which is recorded with the office of the County
Clerk.
(8) GROWTH RELATED COSTS means capital construction cost of service
related to providing additional water and wastewater capacity to new development, either from
excess capacity in existing facilities, from facility expansions or from new capital facilities.
Growth related costs do not include:
(a) Construction, acquisition, or expansion of public facilities or assets
other than capital improvements or facilities expansions identified in the capital improvements
plan;
(b) Repair, operation, or maintenance of existing or new capital
improvements or facilities expansions;
(c) Upgrading, updating, expanding, or replacing existing capital
improvements to serve existing development in order to met stricter safety, efficiency,
environmental or regulatory standards;
(d) Upgrading, updating expanding, or replacing existing capital
improvements to provide better service to existing development;
(e) Administrative and operating costs of the city; and,
(f) Principal payments and interest or other finance charges on bonds
or other indebtedness except for such payments made with respect to growth related facilities
identified in the impact fee capital improvements plan.
(9) IMPACT EEE means the water and wastewater impact fee as defined
hereinabove.
(10) IMPACT EEE CAPITAL IMPROVEMENTS PLAN means the plan
required by the Texas Impact Fee Act as adopted or amended from time to time by the City
Council that identifies the capital improvements or facilities expansions and the associated costs
for which impact fees may be assessed.
(12) LAND USE ASSUMPTIONS means 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 ten year period as adopted and amended from time to time by the City of Georgetown.
(13) NEW DEVELOPMENT means the subdivision of land; 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 for water and wastewater service. New development includes the sale of water or
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wastewater taps resulting from the conversion of an individual well or septic or other individual
waste disposal system, to the city's water or wastewater utility.
(14) SERVICE AREA means that area within the corporate limits and
extraterritorial jurisdiction of the City of Georgetown to be served by the water and wastewater
capital improvements or facilities expansions specified in the Impact Fee Capital Improvements
Plan.
(15) SERVICE UNIT means 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 for a particular category of capital
improvements or facility expansions. For water and wastewater facilities, the service unit shall
constitute the basis for establishing equivalency within various customer classes based upon the
relationship of the continuous duty maximum 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 3/4 -inch diameter simple water meter using American Water Works Association
0700-C703 Standards.
(16) SITE -RELATED FACILITY means an 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 and wastewater facilities to serve the new development
and which is not included in the Impact Fee Capital Improvements Plan and for which the
developer or property owner is solely responsible under subdivision and other applicable
regulations.
(17) TAP PURCHASE means the filing with the city of a written application for
a water or wastewater tap and the acceptance of applicable fees therefor 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 utility customer.
(18) WASTEWATER FACILITY means a capital improvement or facility
expansion for providing wastewater service including but not limited to land or easements,
treatment facilities, lift stations, and interceptor mains. The term does not include wastewater
lines or mains which are constructed by developers, the costs of which are reimbursed from
charges paid by subsequent users of facilities and which are maintained in dedicated trusts. The
term "wastewater facilities" also does not include dedication of easement or 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 new development.
(19) WATER FACILITY means improvements for providing water service
including but not limited to land or easements, water supply facilities, treatment facilities,
pumping facilities, storage facilities or transmission mains. The term does not include water
lines or mains constructed by developers, the costs of which are reimbursed from charges paid
by subsequent users of the facilities maintained in dedicated trusts. The term does not include
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 new development.
(20) WHOLESALE CUSTOMERS means water or wastewater customers of
the city's water and/or wastewater utilities which purchase such utility service at wholesale for
resale to their retail customers.
(a) The Land Use Assumptions for the city dated December, 1994, on record in the
Office of the City Secretary, are hereby adopted and incorporated by reference.
(b) Said Land Use Assumptions for the city shall be updated at least every three years
utilizing the amendment procedure set forth in the Texas Impact Fee Act.
(c) Amendment to the Land Use Assumptions shall incorporate projections of changes
in land uses, densities, intensities and population for the service area over at least a ten year
period.
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(a) There is hereby established a Water and Wastewater Impact Fee Service Area,
the boundaries of which are depicted on the map attached hereto as "Exhibit A" on record in the
Office of the City Secretary and incorporated herein by reference.
(b) The boundaries of the Water and Wastewater Impact Fee Service Area may be
amended from time to time in accordance with the procedures set forth in the Texas Impact Fee
Act.
`41 IM[PACT FEE CAPITAL IMPROVEMENTS PLAN Ff.WATER .iii,
WASTEWATER FACILITIES
(a) The Impact Fee Capital Improvements Plan for Water and Wastewater Facilities
dated July, 1995, on record in the Office of the City Secretary, is hereby adopted and
incorporated herein by reference.
(b) The Impact Fee Capital Improvements Plan for Water and Wastewater Facilities
may be amended from time to time pursuant to the procedures set forth in the Texas Impact Fee
Act.
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(a) Conversion table. The number of service units for both water and wastewater
service is determined by the size and type of the water meter purchased for the property in
accordance with the following schedule:
Meter Size (Inch) Type Service Units
5/8 x 3/4 Simple 0.667
3/4 Simple 1.000
1 Simple 1.667
1 1/2 Simple 3.333
2 Simple 5.333
2 Compound 5.333
2 Turbine 6.667
3 Compound 10.667
3 Turbine 16.000
4 Compound 16.667
4 Turbine 28.000
6 Compound 33.333
6 Turbine 61.333
8 Compound 53.333
8 Turbine 106.667
10 Compound 76.667
10 Turbine 166.667
12 Turbine 220.000
(b) Calculation. Upon application for tap purchase, service units shall be calculated
based upon the size of the water meter as set out above.
(c) Pressure anomalies. If a larger or smaller meter is required solely due to
abnormally low or high pressure in the city's main, the Director or his designee may adjust the
number of service units to reflect more accurately the flow rate and system pressure conditions.
(d) Fire demand meters. The number of service units for a fire demand meter shall
be determined as follows:
{1) If a fire demand meter composed of a combination of independent units
in separate housings monitoring both fire and domestic usage is purchased for property, the
meter size utilized to calculate the number of service units shall be the dimension of the largest
independent unit for the fire demand meter that provides only domestic service to the property.
For purposes of this section, only a simple or compound meter shall be used to calculate the
number of service units represented by the fire demand meter.
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(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 owner of the property shall be assessed the current fee
for the fire protection capacity that has been converted to domestic capacity by routing usage.
(3) No service units shall be attributed to a tap purchased to provide only fire
protection capacity.
(e) No water meter. Upon application for a building permit for lots for which no
water meter has been purchased, wastewater service units shall be determined by a professional
engineer licensed in the State of Texas subject to the approval of the Director.
(f) Nonstandard meter. No adjustment in service units shall be made for water use
or fire demand that falls between standard meter sizes or combinations.
(g) Revision of service units designation. The City Council may revise the
service units designation in accordance with the procedures set forth in the Texas Impact Fee
Act.
Maximum allowable fee. The maximum impact fee per service unit shall be computed
by dividing the cost of water and wastewater capital improvements and facilities expansions
necessitated by and attributable to new development identified in the Impact Fee Capital
Improvements Plan for each category of capital improvements by the total number of projected
service units in the impact fee service area based upon the land use assumptions. Maximum
impact fees per service unit shall be established for each category of capital improvements and
shall be as set forth in "Exhibit B" attached hereto, on record in the Office of the City Secretary,
and incorporated herein by reference.
(a) The approval of any subdivision of land or of any new development within the
Impact Fee Service Area shall include as a condition of development the assessment of the
impact fee applicable to such development.
(b) The impact fee per service unit to be assessed within the service area shall be an
amount less than or equal to the maximum impact fee per service unit as set forth in "Exhibit
B" attached hereto, on record in the Office of the City Clerk, and incorporated by reference.
(c) Assessment of the water and wastewater impact fees for any new development
shall be made as follows:
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(1) For a development which is submitted for approval pursuant to the city's
subdivision regulations following the effective date of this chapter, assessment shall be at the
time a final plat is obtained and shall be in the amount of the assessed fee per service unit then
in effect as set forth in "Exhibit C", attached hereto, on record in the Office of the City
Secretary, except as provided in (c)(2).
(2) For a development for which no plat is required or issued, assessment shall
occur at the time of building permit.
(3) For a development for which a plat was obtained, but which plat has
expired after the effective date of this act, assessment shall occur at the time a new plat approval
is sought.
(4) For septic tank cutovers, assessment shall be at the time of connection to
the City's wastewater facilities.
(d) Following assessment of the impact fee hereunder, the amount of the impact fee
per service unit may not be increased above the assessed fee unless the owner obtains final
approval for replatting in which case a new assessment shall occur at the assessed water and
wastewater impact fee per service unit in effect at the time of such replatting.
(e) An application for an amended plat made pursuant to Tex. Local Government
Code § 212.416 (Vernon 1988) or the city's subdivision rules is not subject to a reassessment
of the impact fee.
RAWIMKOW10 I*
(a) The impact fees due for the new development shall be collected at the time of
building permit.
(b) Following the filing and acceptance of a written application for building permit,
the city shall compute the impact fee due in the following manner:
(1) The number of service units shall be determined by the size of the water
meter purchased or by evaluation of the Director at the time of tap purchase as hereinabove
provided;
(2) Service units shall be summed for all meters purchased for the
development;
(3) Total service units shall be multiplied by the collected fee per service unit
for water or wastewater service as depicted in "Exhibit B" attached hereto and on record in the
Office of the City Secretary;
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(4) All applicable offsets, credits or discounts per service unit allowable under
this chapter for water or wastewater service shall be subtracted from the product derived under
the preceding subpart.
(c) The amount of impact fee due for new development shall not exceed the amount
computed by multiplying the assessed fee for water or wastewater service by the total number
of service units generated by the development.
(d) Whenever the property owner increases the number of service units for a
development, the additional impact fees collected for such new service units shall be determined
based on the assessed fee and applicable offsets, credits, and discounts then in effect and such
additional fee shall be collected at the time the additional meters are purchased.
(e) In the event the property owner decreases the number of service units for a
development, the property owner shall be entitled to a refund of the impact fee for impact fees
actually paid, but only for the amounts represented by the decrease in service units based on the
assessed fee and offsets credits, or discounts applicable at the time the fee was paid.
(f) Payment of an impact fee in accordance with the terms and conditions of this
chapter shall entitle the payor to receive a credit for same to be used in the event the tap for the
property for which the fee is paid expires and must be repurchased provided, however, that the
impact fee is not refundable upon expiration of the tap.
(g) If the tap or building permit for the property on which an impact fee is paid has
expired and a new application is thereafter filed for the identical property and the number of
service units, the impact fee previously paid satisfies the requirements of this chapter.
(h) The impact fee shall attach to the property for which the impact fee was paid and
shall not be transferable to other properties or service units.
(i) Into request to connect to the water and wastewater system shall be granted and
no building permit shall be issued if the applicant cannot verify payment of the appropriate
impact fee and other applicable fees or if existing facilities do not have actual capacity to provide
service to the new connection(s).
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(a) The impact per service unit to be collected within the service area at the time of
tap purchase shall be that fee established by Ordinance by the City Council from time to time
and shall be an amount less than or equal to the fee assessed pursuant to Exhibit B. Save and
except for impact fees established by contracts with political subdivisions or other wholesale
customers, water and wastewater impact fees to be collected at the time of building permit shall
be as set forth in "Exhibit C" attached hereto, on record in the Office of the City Secretary, and
made a part hereof for all purposes.
(b) Except as otherwise provided by contracts with wholesale customers or other
political subdivisions, no building permit shall be issued until all impact fees have been paid to
the city.
(c) For a development which is submitted for approval pursuant to the city's
subdivision regulations subsequent to the effective date of this chapter, impact fees shall be
collected at the time of building permit.
(d) For a development which has received final plat approval prior to the effective
date of this chapter and for which no re -platting is necessary prior to the purchase of a water
or wastewater tap, impact fees shall be collected at the time of the tap purchase.
WIRME1111001M MON
In the event that the City requires as a condition of development approval, or otherwise
enters into an agreement with a developer, to have the developer construct, fund or otherwise
contribute toward the cost of a capital improvement or facility expansion included in the adopted
water or wastewater capital improvements plan, the City shall provide for reimbursement in the
form of credits against impact fees that would otherwise be due from the development. Such
credits shall run with the land and shall be used to reduce the amount of the impact fee that
would otherwise be owed at the time of collection of impact fees. In the event that the amount
of such credits would be insufficient to reimburse the developer for the cost of required
improvements, the City shall provide for reimbursement to the developer up to the balance of
the cost of said required improvements from water or wastewater impact fees collected from
other new development within the same service area. In determining the amount of such credits,
the developer shall submit evidence of the actual, fair -market cost of the required improvements.
Such credits shall only be applicable against the impact fees for the type of facility (water or
wastewater) for which the capital improvement is made.
(a) For property which has received a final plat before the effective date of this
ordinance, no impact fee will be assessed, if a building permit is issued within one year of the
effective date of this ordinance.
(b) For residential property which has a final plat before the effective date of the
ordinance the following will apply:
(1) If a building permit is issued within one year of the effective date of this
ordinance, no impact fee will be assessed.
(2) If a building permit is issued after one year but before two years of the
effective date of this ordinance, only fifty percent (50%) of the assessed fee in Table C-1 will
be collected.
(3) If a building permit is issued any time two years or more after the effective
date of the ordinance, one hundred percent (100%) of the assessed fee in Table C-1 will be
collected.
(a) Limitation on modification. Except as provided in this chapter or by contract in
existence on the effective date of this act, any reduction, change or modification in the amount
or time of payment of the impact fee must be approved by a duly enacted ordinance of the City
Council.
(b) Private system connected. An impact fee shall not be assessed on any property
that receives service forma central water supply system owned by a person or an entity other
than the city of a wastewater treatment plant owned by a person or entity other than the city and
which water supply system or wastewater treatment system is to be tied into the city's water and
wastewater system.
(c) Consumption meter. The owner of a meter used to monitor water that is utilized
exclusively for consumptive purposes and/or that cannot enter the city wastewater system will
not be charged the wastewater impact fee.
(d) Fire protection capacity. No fee shall be collected for the purchase of a tap
that is utilized to provide only fire protection capacity.
(e) Nothing hereinabove stated shall be construed to alter the terms of a contract with
a wholesale customer of the city regarding the payment of impact fees and shall not be construed
to authorize the payment of impact fees in installments in areas encompassed by such a contract
for wholesale service.
(f) Exchange. A tap may be exchanged before any water or wastewater service
has been received for another tap without collection of the impact fees established in this chapter
if the exchange will result in an equivalent or lesser number of service units to be utilized on
the property for which the tap was originally purchased. The number of service units "to be
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exchanged shall be determined in accordance with § 13.32.050 and shall not be based on the
number of units at the time of initial purchase.
(g) Government and Church -owned Property. Any building or property that is owned
and entirely occupied by the Federal or State government, a political subdivision of the State of
Texas, or a church may be eligible for a waiver of impact fees. A request for waiver of impact
fees authorized by this provision shall be made in writing and must be approved by action of the
City Council during a scheduled Council Meeting. In granting a waiver of impact fees allowed
herein the Council shall first determine that the use for which the waiver is requested will
provide a public service or benefit of value to the general community. Nothing contained in this
provision shall obligate the City Council to approve a request for waiver of impact fees.
(h) Economic Development Projects. No fee shall be collected from any new
development designated by the City Council as an Economic Development Project.
(a) The City's Division of Finance and Administration shall establish separate interest-
bearing accounts clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b) Interest earned by each account shall be credited to the account on which it is
earned and shall be used solely for the purposes specified for impact fees as authorized
hereinbelow.
(c) The City's Division of Finance and Administration shall establish adequate
financial and accounting controls to ensure that impact fees disbursed from the account are
utilized solely for the purposes authorized in this chapter. 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 chapter; provided, however, that any fee paid shall be expended within a
reasonable period of time, but not to exceed ten years from the date the fee is deposited into the
account.
(d) The City's Division of Finance and Administration 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, the number of service units for
which the monies are received, and which shall ensure that the disbursement of funds from each
account shall be used solely and exclusively for the provision of projects specified in the Impact
Fee Capital Improvements Plan as system -related capital projects. The City's Division of
Finance and Administration shall also maintain such records as are necessary to ensure that
refunds are appropriately made in accordance with this chapter.
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(a) The impact fee collected pursuant to this chapter may be used to finance or to
recoup capital construction costs for water and wastewater facilities identified in the Impact Fee
Capital Improvements Plan. 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 chapter 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 Water and Wastewater Utility in the Impact Fee 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 serve
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.
13.32.150 REFUNDS.
(a) Any impact fee or portion thereof collected pursuant to this chapter which has not
been expended within ten 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 governmental entity, to such governmental entity, together with interest calculated
from the date of collection to the date of refund at the statutory rate as set forth in Tex. Rev.
Civ. Stat. Ann. art. 5069-1.03, or any successor statute.
(b) If a refund is due pursuant to subsection (a), the refund of unexpended fee
payments, including interest from the date of payment, shall be made to the current record
owner or governmental entity.
(c) Upon completion of all the capital improvements or facilities expansions identified
in 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 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.
(d) 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; or,
(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 any event no later than five
years from the date of the payment.
(4) A refund pursuant to this subsection (d) shall also result in cancellation of
the tap permit and the refund of all building permit fees and/or connection fees previously
collected.
(5) If the holder of a building permit for property for which a building permit
has been obtained relinquishes the building permit for a refund, a canceled building permit must
be presented before the refund can be made.
(e) The city shall refund an appropriate proportion of impact fee payments in the
event that a previously purchased but uninstalled water meter for which the impact fee has been
paid is replaced with a smaller meter, based on the per service unit differential of the two meter
sizes and the fee per service unit at the time of the original fee payment.
(f) A petition for refund under this Section shall be submitted to the Director on a
form provided by the City for such purpose. Within one month of the date of receipt of a
petition for refund, the Director 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
Director shall notify the City Division of Finance and Administration and request that a refund
payment be made to the petitioner.
14
}
The City shall review the Land Use Assumptions and Impact Fee Capital Improvements
Plan for water and wastewater facilities at least every three years, with the first three year period
to commence from the date of adoption of the Impact Fee Capital Improvements Plan referenced
herein. The City Council shall accordingly make a determination of whether changes to the land
use assumptions, Impact Fee Capital Improvements Plan or impact fees are needed and shall,
in accordance with the procedures set forth in the Texas Impact Fee Act, or any successor
statute, either update the fees or make a determination that no update is necessary.
(a) In addition to the use of impact fees, the city may finance water and wastewater
capital improvements or facilities expansions designated in the Impact Fee Capital Improvements
Plan through the issuance of bonds, through the formation of public improvements 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.
(b) Except as otherwise provided herein, the assessment and collection of a 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.
(a) Impact fees established by this chapter 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 Century Plan, Impact Fee 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 chapter 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.
15
(a) Any person who has paid an impact fee or an owner of land upon which an impact
fee has been paid may petition the Council to determine whether any duty required by this
chapter 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 the request that the act be performed
within 60 days of the request. If the Council determines that the duty is required pursuant to
this chapter 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.
(b) Any person who has been assessed an impact fee under this ordinance may appeal
that assessment by written application to the Director. The City Council may enforce, reduce
or modify the assessment, after providing a public hearing with due notice and opportunity to
be heard. if it determines that the assessment is unwarranted or in error.
(c) The Council may by ordinance grant a variance or waiver from any requirement
of this chapter, upon written request by a developer or owner of property subject to this chapter,
following a public hearing, and only upon finding that a strict application of such requirement
would, when regarded as a whole, result in extreme hardship to the applicant and that the grant
of the waiver or variance is in the best interest of the City.
(d) If the Council grants a variance or waiver to the amount of the impact fees due
for new development under this section, it shall cause to be appropriated from other City funds
the amount of the reduction in the impact fees to the amount in which the fees would have been
deposited.
m
SH2
M
BY CITY OF GEORGETOWN
Development Services 11/22/94
SERVICE AREA MAP
h
M
21
►M"'
-1 2
WATER AND WASTEWATER MAXIMUM FEE PER SERVICE UNIT
BY CATEGORY OF CAPITAL IMPROVEMENT
*A service unit is equal to use by an average 3/4" water meter.
UTILITY
CAPITAL PROVE NT
FACILITY
NIAXIMUM FEE
PER SERVICE
UNIT*
NATER
Supply
$149
Treatment
$756
Pumping
$42
Ground Storage
$120
Elevated Storage
$188
Major Transmission
$560
Study Costs
$5
TOTAL WATER CAPITAL COSTS
$19820
WASTEWATER
Treatment
$623
Pumping
$54
Major Collection
$566
Study Costs
$4
TOTAL WASTEWATER CAPITAL COSTS
$19247
TOTAL WATER AND WASTEWATER CAPITAL COSTS
$3,067
*A service unit is equal to use by an average 3/4" water meter.
EXHIBIT C
TABLE C-1
City of Georgetown
Water and Wastewater Impact Fees
o,
7T�-
METER
SIZE
METER
TYPE
WATER
IMPACT FEE
WASTEWATER
IMPACT FEE
5/8" x 3/4"
Simple
$ 884
$ 732
3/4"
Simple
11325
19098
1"
Simple
2,209
15830
1-1/2"
Simple
41416
31660
2"
Simple
75066
51856
2"
Compound
7,066
5,856
2"
Turbine
81834
71320
3"
Compound
14,134
11,712
3"
Turbine
21,200
179568
4"
Compound
227084
181300
4"
Turbine
375100
307744
6°'
Compound
44,166
36,600
6"
Turbine
817266
671344
8"
Compound
701666
58,560
8"
Turbine
141,334
117,120
10"
Compound
1011584
841180
10"
Turbine
220,834
18300
12"
Turbine
291,500
241,560
EXHIBIT C
TABLE C-2
City of Georgetown
Water and Wastewater Impact Fees
for
METER
SIZE
METER
T'O'PE
WATER
IMPACT FEE
WASTEWATER
IMPACT FEE
5/8" x 3/4"
Simple
$ 550
$ 400
3/4'°
Simple
825
600
1"
Simple
11375
15000
1-1/2"
Simple
23750
21000
2"
Simple
47400
31200
2"
Compound
43400
31200
2"
Turbine
55500
41000
3"
Compound
8,800
6,400
3"
Turbine
13,200
9,575
4"
Compound
135750
9,975
4"
Turbine
23,100
161750
6"
Compound
277500
19,950
6"
Turbine
50,600
361700
8'°
Compound
44,000
31,900
8"
Turbine
881000
63,800
10"
Compound
635250
451850
10"
Turbine
1373500
991700
12"
Turbine
181,500
13100