HomeMy WebLinkAboutORD 2018-48 - Impact Fees UpdateORDINANCE NO. a 01 0 - � 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS ("CITY") AMENDING CHAPTER 13.32 OF
THE CODE OF ORDINANCES RELATING TO WATER AND
WASTEWATER IMPACT FEES TO ADD CERTAIN DEFINITIONS; TO
AMEND THE LAND USE ASSUMPTIONS; AMEND THE IMPACT
FEE CAPITAL IMPROVEMENTS PLAN FOR WATER AND
WASTEWATER FACILITIES; AMEND THE WATER AND
WASTEWATER IMPACT FEE SERVICE AREAS; AMEND THE WATER
AND WASTEWATER IMPACT FEE AMOUNT; AMEND PROVISIONS
RELATING TO TIME OF IMPACT FEE COLLECTION; AMEND THE
ASSESSED WATER AND WASTEWATER FEE HISTORY;
INCLUDING A SEVERABILITY CLAUSE; INCLUDING A CONFLICTS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code, Chapter 395 requires a city to
update the land use assumptions and capital improvements plan for impact fee
purposes at least every 5 years; and
WHEREAS, the City last updated its Impact Fees in 2015; and
WHEREAS, the City has heretofore levied and collected an impact fee in
accordance with the procedures and requirements of Chapter 395, Texas Local
Government Code;
WHEREAS, in accordance with Section 395.052, the City caused qualified
professionals (professional engineers licensed to perform engineering services in the
State of Texas) to update the land use assumptions, capital improvements plan, and
calculate new impact fees all in accordance with Chapter 395 of the Texas Local
Government Code and to prepare a report entitled "2018 Update of Water and
Wastewater Impact Fees" which contains updated land use assumptions, capital
improvements plan information, and new impact fee calculations for the City;
WHEREAS, the "2018 Update of Water and Wastewater Impact Fees" report also
contains updated land use assumptions, capital improvements plan information, and
new impact fee calculations for City of Georgetown's impact fee service area;
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WHEREAS, in accordance with Section 395.056 of the Local Government Code,
the City appointed an impact fee advisory committee, and the committee reviewed the
engineering report and recommended adoption of the new land use assumptions,
capital improvements plan as set forth in the final report, and recommended adoption
of a new impact fees at the maximum amount calculated in the final report;
WHEREAS, in accordance with Section 395.055 of the Local Government Code,
notice of a public hearing on the proposed amendments to the land use assumptions,
capital improvements plan and impact fee amount was timely published in the
Williamson County Sun on Wednesday July 4, 2018 and the draft and final engineering
reports were also was made available to the public on the City's website for review in
June and July 2018, respectively;
WHEREAS, a public hearing to discuss the proposed amendments to the land
use assumptions, capital improvements plan, and impact fees was held by the City on
August 14, 2018; and
WHEREAS, after consideration of engineering report, public testimony and
other data presented to the City, the City Council desires to amend the land use
assumptions and impact fee capital improvements plan, and to amend the City's
impact fee.
NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN TEXAS, THAT:
Section 1. The matters and facts recited in the preamble of this ordinance are
found to be true and correct and are incorporated as a part of this ordinance.
Section 2. The Council hereby adopts the updated land use assumptions and
capital improvements plan as presented in the final engineering report dated June 8,
2018.
Section 3. Section 13.32.010.E of the City Code of Ordinances relating to
definitions is amended to add or amend the following definitions, with no other
changes to the remaining provisions of the section:
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ACM means the General Manager of Utilities or designee.
Approved development plan means a plan that has received approval following
the subdivision regulations or Unified Development Code process (Preliminary
Plat, Final Plat, Public Review Final Plat) or is recorded as a platted lot with
Williamson County or has legal lot status as determined by the Unified
Development Code.
COG Western District means the area contained within the former
Certificate of Convenience and Necessity #11590 for Chisholm Trail in
Bell, Burnet, and Williamson Counties, Texas, located outside of the City of
Georgetown corporate limits and extraterritorial jurisdiction as said area may
change from time to time in accordance with applicable laws and agreements.
Impact fee service area means that area within the City of Georgetown corporate
boundaries and extraterritorial jurisdiction covered by the capital improvement
plan served by the water and/or wastewater capital improvements or facilities
expansions specified in the impact fee capital improvements plan, and which
includes the South Fork San Gabriel River Service Area.
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 three -fourth -inch diameter
simple water meter.
South Fork Service Area means that portion of the Impact Fee Service Area shown
on Exhibit A and more generally described as the natural drainage area for the
South San Gabriel River and Middle Fork of the San Gabriel River and bounded
by Reagan, IH 35, FM 2243, and Lake Georgetown.
Section 4. Section 13.32.020.A of the City Code of Ordinances relating to land use
2&'ffiMtjM&,WS revised to provide as follows:
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Section 13.32.020 — Land Use Assumptions
A. The land use assumptions shown in the most current impact fee study for
water and wastewater impact fees which is on record in the office of the
City Secretary, are hereby adopted and incorporated into this chapter by
reference as if set forth in full.
Section 5. Section 13.32.040.A of the City Code of Ordinances relating to the capital
improvements plan is hereby amended and revised to provide as follows:
Section 13.32.040—Impact fee capital improvements plan for water and
wastewater facilities
A. The impact fee capital improvements plan for water and wastewater
facilities contained within the most current impact fee study for water
and wastewater impact fees which is on record in the office of the City
Secretary, is hereby adopted and incorporated in this chapter by
reference as if set forth in full.
Section 6 Section 13.32.050 of the City Code of Ordinances relating to the
determination of service units is hereby amended and revised to provide as follows:
Section 13.32.050. - Determination of service units.
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)
i
*5/8
3/4
1
1-1/2
2
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Continuous Duty Maximum
Rate (gpm)
10
15
25
50
100
Service Units
0.667
1.000
1.667
3.333
6.667
3
240
4
420
6
i
920
8
1600
F _ 10 —
2500
16.000
28.000
61.333
106.667
166.667
'Note: Use of 5/8" meter for limited application to small residential units (<1,200
square feet of air conditioned/heated space) where no automatic landscape irrigation
system will be installed. Other potential applications are public facilities such as
restrooms in parks.
B. Calculation. Upon application for utility connect permit application, 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 ACM 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 electromagnetic meter shall be used to calculate the number
of service units represented by the fire demand meter.
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.
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3. No service units shall be attributed to a utility connect permit
application 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 ACM. '
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.
Section 7, Section 13.32.070 of the City Code of Ordinances relating to the assessment
of impact fees is hereby amended and revised to provide as follows:
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. Assessment of the water and wastewater impact fees for any new
development shall be made as follows:
1. For land on which new development occurs or is proposed to occur
which is submitted for approval pursuant to the City's subdivision
regulations following the effective date of the ordinance codified in
this Chapter, assessment shall be at the time the preliminary plat
application is deemed completed pursuant to the UDC and shall be
in the amount of the assessed fee per service unit then in effect as set
forth in Exhibit B, attached to the ordinance codified in this chapter,
on record in the office of the City Secretary, except as provided in
subsections B.3 thru BA of this section;
2. For land on which new development occurs or is proposed to occur
for which no plat is required or issued, assessment shall occur at the
time of building permit application or if no building permit is issued
for the new development, assessment shall be at the time of utility
connect permit application;
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3. For land on which new development occurs or is proposed to occur
for which a preliminary plat was approved, but which has expired, or
which has had a completed application and has become dormant,
assessment shall occur at the time a new preliminary plat application
is deemed complete pursuant to the Unified Development Code;
4. For land on which new development occurs or is proposed to occur that
is located within the boundaries of a municipal utility district whether
inside or outside the corporate boundaries of the City, assessment shall
occur at the time of recordation of the subdivision final plat containing
the connection;
C. An application for an amended plat made pursuant to Texas Local
Government Code Section 212.016 (Vernon) or the City's subdivision rules
is not subject to a reassessment of the impact fee.
Section S. Section 13.32.080.I of the City Code of Ordinances relating to computation
of impact fees is hereby amended and revised to provide as follows:
Section 13.32.080
[ • •]
I. The water impact fee for 5/8 -inch meters installed for small residential
units (i.e. residential units less than one thousand two hundred (1,200)
square feet of air conditioned/heated space where no automatic
landscape irrigation system will be installed) shall be assessed at 67% of
the assessed impact fee.
Section 9. Section 13.32.090 of the City Code of Ordinances relating to collection
of impact fees are hereby amended and revised to provide as follows:
Sec. 13.32.090. - Collection of impact fees.
Except as provided by an agreement pursuant Local Government Code 395.018,
Impact Fees due for a new development shall be collected:
1. At the time the City issues a building permit; or
2. If no building permits are issued, at the time an application is filed for
a utility connection to the City's water or wastewater system.
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Section 10. Section 13.32.100 of the City Code of Ordinances hereby amended and
revised to provide as follows:
Sec. 13.32.100. — Reserved
Section 11. Section 13.32.160 of the City Code of Ordinances relating to Updates to
plan and revisions of fees are hereby amended and revised to provide as follows:
Sec. 13.32.160. - Updates to plan and revisions of fees.
The City shall review the land use assumptions and impact fee capital
improvements plan for water and wastewater facilities at least every five years, with
the five-year period to commence from the date of adoption of the impact fee capital
improvements plan referenced in this section. 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.
Section 12. Exhibit A of Chapter 13.32 relating to the Water and
Wastewater Impact Fee Service Area Map is hereby amended to provide as
follows:
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Section 13. Exhibit B of Chapter 13.32 relating to Water and Wastewater
Impact Fee per Service Unit is hereby amended to provide as follows:
Item
Water (all areas
Impact Fee per Service Unit
— Effective October 1, 2018
Supply $224.00
Treatment $2,139.00
Ground Storage
$298.00
Elevated Storage
$304.00
Transmission
$3,297.00
Impact Fee Study
$1.00
TOTAL
�%6_A2i _nn
Wastewater (areas outside the South
Fork Area, including those areas
inside the Western District CCN
Area, but outside South Fork Area)
Treatment $359.00
Pumping $1,595.00
Interceptors $1,160.00
Impact Fee Study $1.00
TOTAL $3,115.00
Wastewater (areas inside the South
Fork Area, including those areas
inside the Western District CCN
Area, and inside South Fork Area)
Treatment $359.00
Pumping $1,595.00
Interceptors $2,393.00
Impact Fee Study_$1.00
TOTAL $4,348.00
Combined Water and Wastewater
Outside of South Fork Service Area
South Fork Service Area
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$10,036.00
$11,269.00
Each of the foregoing fees are per standard service unit. The impact fees for
service units greater than the standard 3/4 -inch meter shall be calculated as
set forth in Section 13.32.050 of the City Code of Ordinances.
Section 14. Exhibit C of Chapter 13.32 of the City Code of Ordinances
relating to "Assessed Water and Wastewater Impact Fee History (per service
unit)" is hereby amended to provide as follows:
Development Approval f Type Water
Date
Before October 1, 2003
Non-
$1,325
N/A
residential
N/A
Before October 1, 2003
Residential
$825
After October 1, 2003 and
All
$2,295
before October 11, 2005
After October 11, 2005
All
$3,324
and before November 5,
2010
After November 5, 2010
All
$3,511
and before October 1,
2015
After Octob�2016
All
$5,139
before Octo
_[
After October 1, 2016and All�$6,139
before October 1, 2017
After October 1, 2017 and All $7,039
before October 1, 2018
After October 1, 2018 I All �_T $6,921
Wastewater
South Fork
Service
Area
$1,098
N/A
$600
N/A
$1,869
N/A
$1.881 $3,114
$1,694 I $2,927
$2,997 j $4,452
$2,997 I $4,452
$2,997 1 $4,452
$3,115 + $4,348
Section 15. That all ordinances in conflict with the provisions of this
ordinance be repealed and all other ordinances of the City not in conflict with
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the provisions of this ordinance shall remain in full force and effect.
Section 16. 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 17. The Mayor is hereby authorized to sign this ordinance and
the City Secretary to attest. This ordinance shall become effective October 1, 2018.
PASSED AND APPROVED on First Reading on the XXth day of August 2018.
PASSED AND APPROVED on Second Reading on the XXth day of August 2018.
Dale Ross, Mayor
ATTEST:
City Secreta (SEAL)
APPROVED AS TO FORM:
City Attorney
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