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Resolution No. 90-22
RESOLUTION NO. R 90-22 A RESOLUTION ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF FRIENDSWOOD, TEXAS ; PROVIDING FOR THE IMPOSITION OF IMPACT FEES IN ACCORDANCE WITH CHAPTER 395, TEXAS LOCAL GOVERNMENT CODE; MAKING CERTAIN FINDINGS ; AND PROVIDING FOR SEVERABILITY * * * * * WHEREAS, the City Council has employed qualified professionals to prepare a capital improvements plan and calculate impact fees , has adopted land use assumptions , appointed an advisory committee, and has held public hearings as required by law at which hearings all persons desiring to be heard were heard ; and WHEREAS, the City Council desires to adopt the capital improvements plan and levy an impact fee in accordance with said Chapter 395, Texas Local Government Code; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS : Section 1 . The facts and matters set forth in the preamble of the Resolution are hereby found to be true and correct. Section 2. The capital improvements plan contained in the "City of Friendswood Capital Improvements Plan and Impact Fee Study, Proposed Water Distribution and Wastewater Collection System," dated April 27, 1990, a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes , is hereby in all things approved and adopted. Section 3. The impact fee calculations contained in the "City of Friendswood Capital Improvements Plan and Impact Fee Study, Proposed Water Distribution and Wastewater Collection System," dated April 27 , 1990, a true and correct copy of which attached herein aR Exhibit "A" and made a part hcLeQf for all purposes, is hereby in all things approved and adopted. Section 4. The impact fees set forth in Exhibit "A" hereto are hereby levied against new development on lands located within the corporate boundaries of the City of Friendswood and its areas of extraterritorial jurisdiction as indicated therein. The impact fees levied hereby are subject to the provisions of Chapter 395, Texas Local Government Code. Section 5. All funds collected through the adoption of an impact fee shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. Section 6. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Resolution or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood, Texas , declares that it would have paaaed each and every part of the same notwithstanding the omission of s" such part thus declared to be invalid or unconstitutional , or whether there be one or more parts. -9- • PASSED, APPROVED, AND RESOLVED this 4th day of June 1990. W487141)4-r-4' au W. Schrader, Tfayor ATTEST: r a re e , City Secretary -3- •a • ! Q 1 • ' a • • • City Of Friendpwood CAPITAL-1MPROVEMENTS PLAN AND IMPACT FEE STUDY PROPOSED WATER DISTRIBUTION AND WASTEWATER rr _COLLECTION SYSTEMS • 3 0 III ,... • • .„ • , City Of • r Friendswood, 27', .1990 Revised City Of Friendswood CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY PROPOSED WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS Mayor Paul Schrader City Council Mr. Ron Ritter Mr. Bob Wicklander Ms. Evelyn Newman Mr. Ed Stuart Ms.Jan Jordan Mr. Frank Frankovich City Manager Annette Brand City Engineer James Thompson, P.E. Public Works Director Melvin Meinecke Finance Director Roger Roecker 0 City Secretary Debris Archer, CMC City Of Friendswood CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY PROPOSED WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS Senate Bill 336 Captial improvement Advisory Committee Chariman: Benny Baker Vice Chairman: 1203 Silverleaf Jeanie Mchugh Home: 482 1120 1104 Lost River Work: 9476151 Home: 4829 122 Work: 48O0033 Melinda Wasson 505 Willlamsburg Circle Tracy Spears Home: 482.3477 1214 Timberland Work: (409) 9481724 Work: 482-7OOO Ed Co/burn Tom Blake 707 Penn Dr. #4 Windsong Home: 996-1022 Home: 4826755 Work: 22892 11 John Watson George Rodgers. 104 Pecan 1011 Castlewood Work: 482O557 Home: 996O191 Kenny Koncaba 409 Momingside Staff: Home: 48222O7 Work: 482-7491 James E. Thompson, P.E. City Engineer Bud Holzschuh 4824438 1309 Crawford Home: 482OO86 Claudia Brinkman Work: 48&1155 Planning And Zoning Secretary 482 4438 .. ......... . CITY OF FRIENDSWOOD CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY FOR THE PROPOSED WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS TABLE OF CONTENTS I. Executive Summary � II. Introduction 4 III. Proposed Capital Improvement Plan,Water Supply and Distribution 7 A. Existing Capital Improvements 7 B. Analysis of System Capacity g C. Water Distribution Improvements 10 D. Basis of Service Units i2 E. Projected Service Units 13 F. Projected Demand for Water Supply and Distribution Improvements 15 G. Calculation of Impact Fees 15 IV. Proposed Capital Improvement Plan,Wastewater Treatment and Collection 17 A. Existing Capital Improvements 17 B. Analysis of System Capacity 18 C. Wastewater Treatment and Collection System Improvements 18 D. Basis of Service Units 21 E. Projected Service Units 22 F. Projected Demand for Wastewater Treatment and Coliection Improvements 25 G. Calculation of Impact Fees 25 CITY Of FRIENDSWOOD CAPITAL IMPROVEMENT'S PLAN AND IMPACT FEE STUDY FOR THE PROPOSED WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS TABLE OF CONTENTS V. Exhibits A. Exhibit W;Overall of Water Distribution Service Areas B. Exhibit W1; Melody Lane Water Distribution Service Area C. exhibit W-2; Bay Area Boulevard Water Distribution Service Area D. Exhibit W3; Central Water Distribution Service Area E. Exhibit S; Overall of Wastewater Collection Service Areas F. Exhibit S1; Melody Lane Wastewater Collection Service Area G. Exhibit S2;Overall of Central Wastewater Collection Service Areas H. Exhibit S-2a; Segment A, Central Wastewater Collection Service Area I. Exhibit S2b; Segment B, Central Wastewater Collection Service Area J. exhibit S2c; Segment C, Central Wastewater Collection Service Area K. Exhibit$ 2d; Segment D, Central Wastewater Collection Service Area. L Exhibit S2e; Segment E,Central Wastewater Collection Service Area V. Attachments A. Bond Financing Schedules B. Legislation Regarding the Imposition of Impact Fees City of Friendswood Capita!Improvements Plan and Impact Fee t I. EXECUTIVE SUMMARY The City of Friendswood has in recent years committed funds to the construction of surface water facilities and wastewater capacity necessary to provide service to current residents as well as for new development that is projected to occur within the City. The cost of water and wastewater capacity that has been constructed to support new growth is reflected in the City Wide impact fees itemized below. Additional fees are proposed in connection with specific service areas. Based on anticipated population growth and projections of where that growth is expected to occur,two areas including.the Melody Lane and Central Service Areas within the City of Friendswood were selected for the proposed extension of water distribution and wastewater collection systems that are intended to be funded partially with Impact Fees assessed-and collected in conformance with Senate Bill 336. impact Fees are also proposed to defray the costs of water distribution facilities extended to the Bay Area Boulevard Service Area under the terms of a contractual agreement executed by the City of Friendswood. The following is a summary of the Impact Fees that will apply an a City Wide basis and for each of the designated service areas. A. City Wide Impact Fees \�- 1. Surface Water Facilities $711 2. Wastewater Treatment Facilities 122 3. ImpactFee/CIP Study" _7 Total $840 * Based on an estimated cost of$35,000 for 4,819 Equivalent Service Units B. Water Distribution Impact Fees 1. Melody Lane Water System $854 2. Bay Area Boulevard Water System $294 3, Central Service Area Water System $358 } ' City of Friendswood . Capital Improvements Plan and Impact Fee ' ` _ ce Wastewater Collection 'mpac- ees .. `. additional is -.ne Wastewater $450 24m Central Area Wastewater .. Segment`` ` � $830 _ Se�..r:�. ` $618 Sez.��n`.' ' .'. $397 .. .' . ' $234 _ Seg.�~n``. $186 The,._./`,./',''b,`. The For,'`}`,7. Service;`�/, Defihed,ln .\. equests�or.^,i..c.,-.s i..U,h y.`_`.,`../,.''...a//'' | new development is`'',�n`' curren y available or as`part`.theCapRal_ Improvements Plan will','.,..be,,.,,,`.^`wfth `-- Cfty`ff.,._ . . ' Senate.,^` thatthe.�rn`...-.( ', / w', beforeor/thetime~ the'`''``''` '"`h'r'� 1'n'`.,.`h,/.'.x' occurs,iU.,.. thepact..._'.` be,..........n.``�^..,i.th, and'buildoing process. ' ` Once...`s.`.' 'h`,`�`'`,'`..`.''`.,.�..'`...,.'`.h- `imes(,�.`/,`de'velopment . process. . .. . . .!n`..i..``'`'c'''', `t`` ' ` ' .. '' When are..`d`r./i.`;p^.,,.`,,/ .'v.rsyste-msor. . .' At',time the City issues eftherthepermft or certificate of'oc'cupancy, � ` Assessme'nt th'e of the of.",'"''�'.,`.. ^.'`,`.._^ plat'`recorded or, . in th^.`'^..,``^�'`dun*n ' ' .h. o` �....'.and .^'i, ''�'can 9 ' - ' .. . be per.^�.uc,.`w in ��. "1,i `-`'' . attriouta'"-'. projector`'~.'^.^^^ for"�',`/ fees, ^ City of Friendswood Capital Improvements Plan and Impact Fee 3 Impact fees may be assessed for that project unless the number of service units Is increased in which case the additional fees to be imposed shall apply only to the additional service units: Service units that are in an area that was platted prior to the adoption of impact fees assessed under Senate Bill 336 and for which a valid building permit is issued within one year following the adoption of impact fees proposed under the referenced legislation will not be required to pay an impact fee. Upon the adoption of an Impact Fee structure,the City of Friendswood will be required to update its Land Use Assumptions and Capital Improvements Plan at least every three years. City of Friendswood Capital Improvements Plan and Impact Fee 4 I1. INTRODUCTION The City of Friendswood, Texas in conformance with the provisions of Senate Bill 336 and House Bill 1786 proposes to adopt a Capital Improvements Plan for Water Supply and Distribution Improvements and for Wastewater Treatment and Collection Improvements necessary to serve new development and an impact Fee Structure to defray the costs of these improvements. The referenced legislation provides for the implementation of Impact Fees to pay the costs of constructing capital improvements or facility expansions necessary to support new development as specifically identified in the Capital Improvements Plan. The City, based on past history and a recognition of the attraction of the community for future development anticipates an annual growth of about 5%for the duration of the 10 year Capital Improvements Plan. This rate applied to the existing population of 22,500 would result in an additional 14,150 people over the 10 year study period which would increase the total population to 36,650. Population growth duping the past two decades has essentially doubled every 10 years which suggests a growth rate of almost 7% per.year. Annexations of existing population centers, however, have distorted the real growth rate. The City of Friendswood has now annexed all of the area within its Extra Territorial Jurisdiction which effectively eliminates the possibility of further annexations. Assuming a growth of 14,150 people during the next 10 years which correlates to approximately 4,800 equivalent connections, three areas of the City were identified that appeared to have the most growth potentiaL These areas,as they relate to the proposer?Water and Wastewater Improvements,are illustrated on Exhibits"1M and"S"respectively a:d are further described below: 1. Mekxiy Lane Setvice Area; Approximately 298 acres proposed for the water distribution service area and 458 acres proposed for the wastewater collection service area located west of FM2351, north .f Melody Lane and south of Clear Creek. 2. day Area Boulevard Service Area; Approximately 204 acres of land bisected by Say Area zoulevard and located south of FM-528. 3. Central Service Area; ApproxmateIy 1,088 acres propos . for the water distribution service area and 2,210 acres proposed for the wastewater collection service area located east of FM528 and extending from Clear Creek near the eastern boundary of the City across FM-518 to the undeveloped portions of Mission Estates. City of Friendswood Capital Improvements Plan and Impact Fee- 5 A Capital Improvements Plan, in the form of a conceptual service plan to provide for the extension of water distribution and wastewater collection lines was developed for the Melody Lane and Central Service Areas. The extension of water and wastewater lines into each of these Service Areas generally corresponds with the proposed alignment of major road arteries as illustrated on the Major Thoroughfare Plan. The Bay Area Boulevard Service Area has already been provided with water distribution under the terms of a contractual.agreement signed by the City of Friendswood and has the necessary infrastructure to support new development. The impact fee proposed in connection with the Bay Area Boulevard Service Area was determined from the actual cost of the water line that was extended along FM-528 to the tract. the City of Friendswood has also purchased surface water supply and wastewater treatment facilities and/or allocations with capacity that is excess to existing needs. This excess capacity is essential to fuel new development in the City, regardless of its location,and is included-as a component of the impact fees proposed in this report. The 3.0 mgd capacity that the City of Friendswood has in the City of Houston Southeast Water Purification Plant is sufficient to accommodate a substantial number of the connections anticipated in the 10 year planning period. As the need to purchase additional capacity in the Southeast Plant becomes critical to the continued development of the City,the cost of that capacity can be incorporated into the Capital Improvements Plan in the course of the periodic Plan updates which are required by SB 336. The Ciy owns and operates a number of wells which will more than meet future growth requirements in as much as groundwater utilization will be limited to an amount not to exceed 20%of total water demand when the Southeast Water Plant becomes operational. The City of Friendwood owns capacity in the amount of 4.875 mgd in the Blackhawk Wastewater Treatment Plant which is more than enough to meet the projections of the Capital Improvements Plan. As provided in Senate Bill 336,the Capita!improvements Plan is required to specifically address the following items: A. A description of existing capital improvements within the service area and the costs to upgrade, update, improve, expand or replace such improvements-to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards. ` -�` ` — � . ^ City of Friendswood ...Impact/..'',`:/ Plan � . . ` ' Be An'analysis of the tota the teve of current usage,and commitment f6r usage of ca "ty .. . Of capna existingl .` A descriffiption of all or the portions of the capital or'facility and th.eier costs necessitated,by and-attributable to new development in the service area based.on.the land use assumptions. ` .. � Do A,^i.�p','.� the I``. ,. of:`. or .. d scharge of.''`/^-'`�`'^''�^`.,�`''..'``:, `..��"` and an ' lenc q ,conviarsion- table the.`,,..,'..i'`,.c.`v.....``..`.land .,''tva Y . including but.not h,.�^',.^,�,"}�� ',.`,`r^` andi.�,.�� - Es The total number of projected se/.,.un fts necessitated � r � , ''by.��. . .r,' ^ ,^ development within'..°.".,.s-w(.approved land use and calculated in.accordanc with.generallyor planning crfteria. Fe The project d dem' and./'.^'�. or'.�.y bynew service units -projectedover.,..�.���',.,.� ',i..` .u,....,.,^,'.^,p`n..n,`,.. ' ` The, .pact ` per ' .'�``,| . ^'"''.the`,```.```...''� )' the costs of the capftal -provements described"in� ',`above'^the total number,'projected se rvice unfts described .' 'r. -paragraph - .. ' ^ _ .. ' ^ ' ' . ..���� �� , City of Friendswood Plan.��Impact . '~'° "'r-''`= ��' � ' IllsP-'P..`'.'`-`''MP'.'.'E.`P-.` SUPRLY'AND ..`.B..'` .=. ' - Water'''^�'^^' .`.,'..'` Improvements partof-the.,'i, i ' ' ents Pla, _.|u.` ' the following po ponents _ .. .. ��' Melody ...i\.Wwi ' - .� . � `' Bay Area Boulevard Water DistributionSyste' - R-Ofer to'Exhibft,/2 i~ .. T,r:6-4�a�. . ' - `` Central �,��..:..,;.',`."..��_,,- to'Exhibft..-` _ - ', Surface,Water Facilities A. ~''' Existing Capital Improvements "����+ - Existing C of Friendswood water distribution ines_re nt to the--service areas addressed in the Capital ity -ev a ~- | Plan ,r.d_,c//_'/ `,k,.�,oj Exhibfts|.`,.�'..n.`��.' - .. ' . ..neo. T.. is�'|'d..,.,,``.c``.,' .^ water' flne,at``'2i'i '.''^ fing `. - 240 Bay Area'Boulevards. A 14"water line ha*s-be"�Pn 7_-conttructed een Sunset Drive and Say Area Bou' levard~'."',.`'�-` -.Within the betw .. .. There'_ `.`. ,, ies that,` ,!, ._- ` the - .. ' .. Central The ` ion system is d t mtended,...'",./'..`exi ing ' - 12"..`F�../,'.,^ .` ..',.ioca '`. _+ . _ st .In addition `water distribution.lines,the ,.-a],I"_ .' .. existing- surface watercapacnot `a ' re~°'``^^'''improve 'ent` The-` of. Friendswood has been ^' ' _- roubdwa'ter ion order to comply with L ' fl.cY On_g ' involved,,. number`, in ,cn.../../".do Pe. goals thiS"area by the Harris Galveston Coastal Subsidence District. The Subsidence District-has.adopted a policy tha't lif"I"Milts groundwater wfthdrawal'. '. ``` `.. .'_```. on'.''__` .'hjnL..' -two'county area,. _- __ . �� ber ` .. ` ' ' - - ' •= City at Friendswood Capital Improvements Plan and Impact Fee g of surface water alternatives,the City of Friendswood elected to purchase an allocation in the Southeast Water Purification Plant currently under construction by the City of Houston. In addition to the purchase of surface water capacity,the implementation of this alternative has dictated the construction of water transmission lines and water plant components designed to convey and handle the water received from the Southeast Plant.- To the extent that the surface water allocation and related facilities will benefit future development, it is appropriate to recognize the costs of these improvements as a part of the impact fee structure. The City of Friendswood's surface water facilities may be grouped into three categories;Surface Water Capacity, Surface Water Transmission, Pumping and Storage Facilities and System Wide Improvements to Accommodate Surface Water Distribution. These facilities are more specifically described in Sections"B" and "C"following: There are no costs allocated in the proposed Capita! Improvements Plan for upgrading, updating, improving, expanding or replacing any of the existing capital improvements described above in order to meet existing needs and usage and stricter safety, efficiency,environmental or regulatory standards. B. Analysis of System Capacity Surface Water Capacity The surface water allocation of 3.0 mgd is sufficient to accommodate a speck number of connections which can be determined from historical water utilization. Water consumption in Friendswood in 1989 averaged.approximately 2.8 mgd for 7,662 equivalent connections as itemized below. The 80%surface component of current water requirements then is approximately 2.25 mgd which leaves a balance of 0.75 mgd In unused capacity for new development. Assuming the current use rate, 0.75 mgd will accommodate an additional 2,554 equivalent connections, The Capital Improvements Plan assumes a total of 4,819 additional connections over the term of the planning period which implies that additional surface water capacity will have to be purchased during the next ten years. If the unit cost of additional surface water capacity is different than the initial allocation in the Southeast Plant,adjustments will Have to be made in future updates of the Impact Fee structure. City of Friendswood Capita!Improvements Plan and Impact Fee 9 Surface Water Transmission, Pumping and Storage Facilities There are a number of projects and studies that have been accomplished in connection with the construction of facilities designed to convey surface water to the City of Friendswood and provide storage and pumping capacity to distribute the water to the City's customers. The summation of these projects are estimated to be sufficient for Friendswood's requirements through the 50% build out level, or 12,500 equivalent connections based on current projections of 25,000 connections at 100%build out. Ultimately, a second surface water line is envisioned along the alignment of Reamer and FM-2351 with the attendant storage and pumping facilities to complete the conveyance and handling of surface water for the City of Friendswood. System Wide improvements Several components of the surface water conversion effort including the Surface Water Monitoring Equipment and the Modifications to Existing Water Plants to Accommodate Surface Water are not particularly sensitive to"levels of build out"and are intended to apply to the overall system. A total of 12,481 Equivalent Service Units(ESU's) are projected for purposes of this study including 7,662 existing ESU's and an additional 4,819 proposed ESU's anticipated as a part of the 10 year projection relevant to the proposed Capita!improvements Plan. The following is a summary of the metered connections in service as of February, 1990. Individual Equivalent Type of Customer Connections Connections Single Family Residential 6,371 6,371 Single Family Construction Taps 47, 47 MuItiFamily Residential (Number of Units) 1,190 655 Single:Business Commercial 178 356 Multi-Unit Commercial (Number of Businesses) 102 51 Park, Schools, Churches 33 182 Sprinkles Systems 54 NJA 7,975 7,662 * Computed based on water usage City of Friendswood Capital Improvements Plan and Impact fee 10 C. Water Supply and Distribution Improvements The Capital Improvements Plan provides for the inclusion of existing surface water supply facilities and the extension of the existing water distribution system to the areas identified on Exhibits W1,W-2 and W-3 as the Melody Lane, Bay Area Boulevard and Central Service Areas: The water line necessary to extend water service to the Bay Area Boulevard Service Area is already in place. Surface water capacity surplus to current demand and the extensions to the water distribution systems with respect to each of the three service areas are intended for the support of new development and do not benefit existing connections. The following is a tabulation of the costs considered in the calculation of fees related to water supply and distribution improvements. Melody Lane System Quantity Unit Cost Total Cost 1. 8"Waterline 3,350 LF $12.00 $40,200 2. 12"Waterline 8,650 LF 18.00 155,700 3. Fire Hydrants 27 EA 1,100.00 29,700 4. Pipeline Crossing 1 LS 1,000.00 1,Ot?0 5. 12"Steel Section 100 LF 58.00 5,800 6. Bore, Including 14"Casing 100 LF 100.00 JiOOO Subtotal $242,400 Design and Construction Phase Engineering, 12% 29,088 Right of Way Costs;2.8 acres©$20,000/ac 560OO Subtotal $327,488 Bond Issuance and Finance Costs 359 869 Total Projected Cost $687,357 Bay Area Boulevard System Total Cost Contract Cost (Existing 14'Water Line) $369,338 Design and Construction Phase Engineering 44,322 Total Cost $413,660 City of Friendswood Capital Improvements Plan and Impact fee 11 Central Service Area System Quasitjty Unit Cost Total Cost 1. 8"Waterline 2,500 LF $12.00 $30,000 2. 12"Waterline 15,100 LF 18.00 271,800 3. Fire Hydrants 36 EA 1,100.00 39,600 4. Pipeline Crossing I LS 1,000.00 1,000 5. 8"Steel Section 100 LF 55.00 5,500 6. , 12"Steel Section 400 LF 58.00 23,200 7. Bore, Including 12"Casing 100 LF 75.00 7,500 8. Bore, including 16"Casting 100 LF 120.00 J2,QQQ Subtotal $390,600 Design and Construction Phase Engineering, 12% 46,872 Right of Way Costs; 4.04 acres @$20,000/ac Q8QQ Subtotal 518,272 Bond issuance and Finance Costs 5369 Total Projected Cost $1,050,841 Issuance& Facility Amount Financing Total Surface Water Facilities Costs Financed Costs Costs Surface Water Allocation $3,300,000 $2,700,000 $2,120,437 $5,420,437 Transmission, Storage and Pumping 24*Bay Area Blvd Line $204,655 $116,353 18*Connector 352,701 316,853 Booster Station&Storage 550,826 550,826 Water System Study 4,505 4,505 Application for Aid 14,550 0 Surface Water Planning 21,886 0 Prelim Engr 2OJ9Q 20.790 $19 169,913 $1,009,327 $792 672 $1,962,585 City of Friendswood Capital Improvements Plan and Impact Fee 12 System Wide Improvements Monitoring System 157,394 157,394 Plant Modifications for Surface Water 16458 j6358 $321,752 $321,752 $252,687 $574,439 Balance on Financing 332,981 261,506 Issuance Cost 35$tQ Sub Totals 4,400,000 Interest Costs 3,391,362 Total Costs $4,791,665 $7,791,362 $3,427,302 $7,957,461 D. Basis of Service Units One of the key components of Senate Bill 336 is the determination of a Service Unit which is defined in the legislation as 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." The Water Distribution System Analysis prepared by Texas A&M for the City of Friendswood in 1988 recommended that the City use a factor of 150 gallons/person/day for future planning. This appears to be slightly higher than other commonly recognized utilization rates, but it is not unreasonable. A single family dwelling,assuming 3 people per house,would then represent a demand of 450 gallons per day. For purposes of this study an Equivalent Service Unit(ESU)for the water distribution improvements will be defined in terms of a single family unit or 450 gallons per day. The following table illustrates the ESU's for various land use requirements. City of Friendswood Capita!Improvements Plan and Impact Fee 13 ° Demand g ESU/Acre @ Land Use Units/Acre Occupancy/Unit 150 GPCD 450 GPD/ESU SFR 2.7 3.00 1,215 2.7 MFRL 6 1.65 1,485 3.3 MFRM 9 1.65 2,228 5.0 MFR-H 18 1.65 4,455 9.9 MHR 10 1.65 2,475 5.5 CSC(1) - - 1, 5 (2) 3.7 - - 1,800 (3) 4.0 Note (1): 3.7 ESU's/Acre also applies to other Land Use designations including NC, LI, OBD, OPD, BP and PUD. Note(2): Based on 55 people/acre @ 30 gallons/person/day Note (3): Based on 1,800 gallons per acre per day E. Projected Service Units The proposed plan includes the 14"waterline constructed to serve the Bay Area Boulevard Service area and anticipates the extension of water distribution systems into the Melody Lane and Central Service Areas. These areas, or systems,which correspond with the System Costs presented in Section C above are illustrated on Exhibits W1,W-2 and W-3. The following is a tabulation of the projected service units based on the total area proposed for development in each system,the approved land use designations and the Equivalent Service Units(ESU's) per acre as developed in Section D above. Water Distribution Systems Total Proposed' Future Service Area ESU's ESU's ESU's 1. Melody Lane; 298 acres SFR©2.7 ESU's per acre 805 805 0 City of Friendswood Capita!Improvements Plan and Impact Fee 14 Total Proposed* Future Service Area ESU's ESU's ESU's 2. Bay Area Boulevard; 40 acres CSC @ 3.7 ESU's per acre 148 59acresOPD ?3.7ESU'speraCre 218 105 acres MFRH @ 9.9 ESU's per acre JQ4Q Total 1,406 400 1,006 3. Central Service Area; 1,O88acresSFR@2.7ESU'speracre 2.938 298 Total Projected Equivalent Service Units 5,149 4,143 1,006 * Proposed ESU's are those projected within the ten year planning period. • Based on the growth projected for the ten year planning period,the City of Friendswood is expected to add approximately 4,8OO equivalent single family connections by the year 2000 including a total of 4,143 ESU's that are anticipated to occur within the service areas identified above. Surface Water Capacity The surface water components described in section"8"above are each adequate:to serve the 7,662 existing City of Friendswood connections in addition to the connections:proposed during the ten year planning percd and the future connections anticipated beyond the ten year planning period as itemized below: Total Proposed* Future ESU'g ESU's ESU's 1. Surface Water Capacity 10,216 2,554 • 0 2. Transmission, Pumping and Storage Facilities 12,500 4,819 19 3. System Wide Improvements are each sufficient 25,000 4,819 12,519 ' . ` Cifty of Friendswood Capital Improvements Plan and Impact Fee , .` .. . ( F,, Pro ected D mand for Water and .'`.'..,. Im r v ' $358/ESU P 0 t Th. tableU...t..,..h` growthir *ih..I ..`r'-n/,.,'/ ..'/t.. ,... '. te.n-year Pen. �./on a o '�� in 1990 an. a 5%annual growth rate. _ Equivalent . . ' Date P-0pulation Connections 1. 1990 ' 79662 ' January ' ` ``9' 23,625 81045 � 1. 1992 249806 81447 January. .'.' 26,047 .. 89870 ' . 1994 ` 27j349 9;313 January It 1995 ..7i. 9,779 ` January 1,, ''`. 30,152 1.01268 ' January 1. 1997 31,660 1*09781, Janu"a ry �'' `,'. 339243 . 119320 January. `.', 34,905 '� 1-11886 . ' January . `.,' 36,650 � 122481. - ' The''�` 'rowth i .`''' .`|'''^''`�`` 4,800`'.,`. . . G. Calculation ,. Fees .. I'm .,ne' Water ' . $687,357/805 ESU"s $854/ESU '. . 2.8 Bay Area.'````.`d*'.`` . $413,660/1,406 ESU"s ` ` $294/ESU . `^ .entralService A'`. ` / ''^.0,,')4./�.3.E.U. � ' - ` ` .. . .. ' . .. .'. . . . City of Friendswood Capital Improvements Plan and Impact Fee 4. City Wide Fees, Surface Water Surface Water Capacity, $5,420,437/10,216 $531 Transmission/PumpIng/Storage, $1,959,459/12,500 157 System Wide Improvements, $574,439/25,000 23 $711/ESU The surface water supply components addressed in the report are capable of serving various levels of development as discussed under Section B Analysis of System Capacity. The Impact Fee proposed for the City's surface water improvements is based on the cost of each of the three component categories itemized above divided by the number of Equivalent Service Units that are appropriate for each category. The water distribution improvements specific to the service areas identified above are ultimately intended to serve a total of 5,149 ESU's including 4,143 proposed during the ten year study period and an additional 1,006 when the subject areas are built out. The Impact Fees have been calculated based on the ultimate number of connections in order to distribute the cost equitably to new development relevant to the ten year projections as well as subsequent development that will ultimately benefit from the proposed water lines: City of Friendswood Capita!Improvements Plan and Impact Fee 17 IV. PROPOSED CAPITAL IMPROVEMENT PLAN,WASTEWATER TREATMENT AND COLLECTION Wastewater Treatment and Collection Improvements included as a part of the Capital Improvements Plan are as follows: 1. Melody Lane Wastewater Collection System; Refer to Exhibit S-1 2. Central Service Area Wastewater Collection System; Refer to Exhibit S-2 The Central Service Area is further subdivided into five separate Sub-Areas,"A"through"E",as illustrated on Exhibits S-2a, S2b, S2c, S2d and S2e. 3. Blackhawk Wastewater Treatment Plant Capacity A. Existing Capital Improvements Existing City of Friendswood wastewater collection facilities relevant to the service areas addressed in the Capital improvements Plan are described below and are illustrated on Exhibits S1, and S2. 1. Melody Lane Service Area: The proposers wastewater collection system is intended to connect to an existing 2T sewer line in FM2351. Waste discharge from this area will be treated at the Blackhawk Wastewater Treatment Plant. 2. Central Service Area: The collection system proposed to serve the five sub-areas identified collectively as the Central Service Area will not utilize any of the existing City of Friendswood sewer facilities. The facilities proposed to convey sewage to the Blackhawk Wastewater.Treatment Plant will consist of an entirely new system. Portions of areas previously developed, however,are intended to connect with the new system: Each of these existing developments have wastewater collection facilities that will be redirected to the proposed trunk line. Waste discharge from this area,as suggested above,will be treated at the Blackhawk Wastewater Treatment Plant. Blackhawk Wastewater Treatment plant: In addition to the wastewater collection lines identified above,the Capital Improvements Plan, in recognition of expenses incurred by the City of Friendswood for wastewater treatment capacity and related improvements that is surplus to current requirements, proposes the ' ' ` . City of Friendswood � Capital Improvements Plan and Impact Fee . ., ' . ' ' consi'.,.'.`^.`^.'"�`.r'.'�,,o'.��.,,.''...`�.'''.'/' �'' `. ' each-of the hases of the Blackha'wk Wastewate'r Treatment Plant. The CitY in ` co binat*ion,w1thWC1D108obtain 2.0 mgd capacity in the' Initial phase of co' nstruCtion at no cost duto EPA An';~''"` '' 'g/ was by'h-'`''`.```` D*str"ct ' in�... ',,�`..�.....i.`,h`.`,.'.''... ../`.3. UOon� annexatlon y`..h.C�v., FrIendswood,`h'.``'''';'.`a',~n. and .'�.''',b.`/a. b.Friendswood. ecl ' 'a t E tia y e 11a' ..i�... ..� re/./',..� .�.,``",.` '`^...accom odate exis ing � deve opment. The.3/. .."d.``.ae.. obtained .'.h`'!''.'.`.``,'..` i-.i_...,n; construction'�''' . i'.^flable 1. . newIn...".n� Fr"ends' wood .. `. . ` participated.ima effort distinct from two Blackhawk construction referenced above _ for.h-..!`.,..,.,i.i.p,.`'',..^.'/`,`..`.�Fp�,...`io`.'.t,....*... Costs'attributed...,, ' Phase. treatmentplant and tolhe access road areconsidered ".i,i',`.�'.,'�._`�..' - Th are ,- osts n.�. .'..a ' an...upgra ing, updating, I M rovi n ex nding P 9 paor any`'.�` cap,, aboVe`.`')''`` meet � an/ '^','`'^')'''''�''' ~ standards, ` . .. . - . B. .' CaPacilty. . .. The..i�.-`..`.,`'^.. . ' 2,,500mgd :`'..':�`ccapacity..;-7, s,'`. '.. ...."".,'.' gallons of^`'.'.-.','',^.. Based..,..n... `r``th..;..`,'�`h. 9 treatment will bd`.`^..`t`` the./'�`..-`1. Service^``^' the ' year.'"0. A'`t...^,''` service..�. are `r`..�.'..,`/.`'tu'. including-`~. ESU"s..d.h,..+i...4'...... as,`,�....` `.'.`.pro'O ct ' relevant.'t�' � Plan. `. . .. .. ' C. Wastewater.^`..^.`..``. ' . .. ` . ^ . . .. The* Ca';.' Imk P.an for the extens,ion of.h. wastewater syste`.'' ' .. the..`.' ,,.1�`.,"..~'ft.'.,`, `�`.,t,. .,ne`,d Areas. In the / \ '^,of also has wastewater.treatmOnt'capacity avallabl'e to'support ated .. . This i's aresultof the Phase,11'Blackhawk WWTP and'related ` The sewage__�,`,.,,..a,',�'..`,,�,�,``.,,`.,,. ' City of Friendswood Capital Improvements Plan and Impact Fee 19 as well as certain existing portions of the City. The following is a tabulation of the costs of the individual systems. MelodyLane System • Quantity Unit Cost Total Cost • 1. 10"SDR 35 PVC Sewer Line 2,900 LF $16.00 $46,400 2. 12"SDR 35 PVC Sewer Line 1,000 LF 20.00 20,000 • 3. 15"SDR 35 PVC Sewer Line 3,000 LF 25.00 75,000 4. Standard Manholes 15 EA 1,600.00 24,000 5. Bore, Including 20"Casing 100 LF 140.00 14,000• 6. Pipeline Crossing 1 LS 1,000.00 1tQOO Subtotal $180,400 Design and Construction Phase Engineering, 12% 21,648 Right of Way Costs;3.17 acre$20,000/ac 634QQ Subtotal 265,448 • Bond Issuance and Finance Costs 291,695 • Total Projected Cost $557,143 Central Service Area System Segment A Quantity • Unit Cost Total Cost 1. 12"Force Main 5,900 LF $15.50 $91,450 • 2. Connect to Existing LS I EA 1,000.00 1,000 • Subtotal $92,450 Design and Construction Phase Engineering, 12% 11,094 Right of Way Costs;2.03 acres @$20 000/ac 40.600 Subtotal $144,144 Bond Issuance and Finance Costs . 148.121 Total Projected Cost $292,265 ' ` � . City of FriendswoodCapital Improvements Plan and Impact Fee 20 Se Q . � B . `ment Un't/`.` Total'', , .� 30"]'b.'...�,`|n. � 61-800 LF .,.`* .. $564,400 o '. . 210 `.an,..�.,,.�,.` 30'".,'.r 1.3 'A 1,600o.00 202800 I ! LS 11 ' ' '.`,', $3881,680 Subtotal . . $5860200 Design,,-..n`..u','. .h`.' 12% 709344 ' Right,of«�'y......`'.,`'`,, ' 62*400, ._ S:..`,. ' � ' ` ` '. $7189944 Bond `',`n.��n` .z.n....... . ' ' 738.1777 ' Total C... . . $1,94571,721 ' TAM _ Segment. ' ' ' , Quant*ty. Unit Cost . Total Cost ' 1.6 , 36".H.`..^'w`.i�. � 42700 LF' $98,600 ' ' ' $460,600 ' . .^ ' Standard,;�`n,,'.` `,^..``r . [A _ ` `5,1300 Subtotal . `/..`:' Design.d `^.,`_.P�, 12%. 579108 Right of Way Cos'ts's 2.16 acres` 43,200 �. 208" ' .. .. . .� ' B... Issuanceand,Finance... $.576' 3 ., � 10 Total . . $151681-312 . . eg e nt 4 . . `. ' uantity Unit`.`. TotalCost ' . 36"Hobas Sew' er Line `'''` LF $98,600^ ' .''-.`' � `` Standard ....''`s . ' . `` . 19700,aOO' 89-500 ` `` Bore, ^''^' 100 LF _..|". ' . 20`.. Subtotal . ' .. . $160j800. ` Design and Phase 12% - 192296 .' ig ..,,..`,...,�sy `' ' 11,1600 . - . . ',-..'. ^ . . ' BondIssuanceandFinanceCosts ` ` . `..-.'`� . . Total Cost ' � ' ' ' '. .`. ' .. ' City of Friendswood Capital Improvements Plan and Impact Fee 21 Segment E Quantity Unit Cost Total Cost 1. 12.75 mgd Pump Station 1 LS $350,000.00 $350,000 2. 24"Ductile Iron Force Main 5,600 LF 60.00 336,000 3. Clear Creek Crossing 1 LS 47,000.00 47000 Subtotal $733,000 Design and Construction Phase Engineering, 12% 87,960 Right of Way Costs; 1.96 acres @$20,000/ac 9ZOQ Subtotal $860,160 Bond Issuance and Finance Costs 883,896 Total Projected Cost � $1,744,056 Bia.ckhawkWastewater Treatment Capacity Total Cost 1. Phase II Plant Expansion (� 1 In $541,129 • l 2. Temporary Access Road 4 . $411,431 D. Basis of Service Units One of the key components of Senate dill 336 is the determination of a Service Unit which is defined in the legislation as 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." The City of Friendswood staff has determined a per capita contribution rate of 130 gallons per day which is the basis of the flow calculations and the development of the Equivalent Service Unit as itemized in the following table. Peak flow and infiltration,again as determined by the City staff,are calculated as 250%of the per capita contribution rate and 1,025 gallons per acre per day respectively. Single family development,assuming 2.7 houses per acre,3 people per house and 130 gallons per person times 250%for peak flows plus-I,025 gallons per acre for infiltration would then represent a rate of flow of 3,657.50 gallons per acre per day. The allocation for a single housing snit, or 3,657.50 gpd divided by 2.7 houses per acre, is 1,355 gpd. These numbers are consistent with various other utility design standards-and for purposes of this study an Equivalent Service Unit(ESU) for the wastewater collection system will be defined in terms of a single family unit or 1,355 gallons per day. The following table illustrates the ESU's for various Land use • requirements. CityofFriendswood Capita!Improvements Plan and Impact Fee -. 22 • Max Flow/Acre ESU/Acre@ Land Use Units/Acre OàcupancyjUn Gal/Day- 1,355 GPD/ESU SFR 2.7 3,657.50 2.7 MFR.L 6 `. 1.65 . 4,242.50 3.1 MFR-M 9 ' 1 6�� S851.25 4.3 MFRH 18 .�1<:65:::.,- 10,677.50 7.9 MHR 10 638750 4.7 CSC (1) - -.. 4,462.50 (2) 3.3 _- 4 625.00 (3) 3.4 . . Note (1) 3.3 ESU's/Acre also applies to other Land Use designations including NC, LI, OBD, OPD, BPandPUD. -.-- • Note(2): Based on 55 people/acre @ 25 çjàilóns/person/day for base flow Note (3): Based on 1,440 gallons per acre per day for base flow , • E. Projected Service Units .„.. . The proposed plan anticipates the extension of viãsteteLcollection systems into the Melody Lane and .,:•- -Central Service Areas described above. These areas or-systems which correspond with the System Costs presented in Section C above are illustrated on Exhibits S 1,and S 2 The Central Service Area,which is shown on Exhibit S-2 is comprised of five separate Sub Areas identified as areas A through E and depicted on Exhibits S-2a S2b S2c S 2d and S 2e Ttie following is a tabulation of the projected service units based on the total area proposed for development in each system,the accepted land use ,1/4 designations and the Equivalent Service Units(ESUs)Ir afire as developed in Section D above. :,„ _ . _ Existing Proposed* Future • - .Melody Lane Service Area ESU's ESU's ESU's 458 acres SFR @ 2.7 ESU's per acre - _ -- U. 805 432 _ • . Total Connections: 1,237 = City of Friendswood Capital Improvements Plan and Impact fee 23 Existing Proposed* Future Central Service Area ESU's ESU's ESU's Segment A Existing Development 973 0 0 150 acres SFR @ 2.7 ESU's per acre 0 405 Totals 973 405 0 Total Connections, Segment A: 1,378 Segment 8 Totals from Segment A 973 405 0 Existing Development 65 0 0 1,905 acres SFR @ 2.7 ESU's per acre a t634 3IQ Totals 1,038 2,039 3,510 Total Connections, Segments A&B: 6,587 �,-- Segment C Totals from Segments A&B 1,038 2,039 3,510 217.E acres SFR g 2.7 ESU's per acre 0 587 Totals 1,038 2,626 3,510 Total Connections, Segments A-C: 7,174 Segment D Totals from Segments A-C 1,038 2,626 3,510 Existing Development 860 25 0 Totals • 1,898 2,651 3,510 Total Connections, Segments A-D: 8,059 City of Friendswood Capital Improvements Plan and Impact Fee 24 Segment E TotalsfromSegmentsAD 1,898 2,651 3,510 Existing Development 358 0 0 283 acres SFR @ 2.7 ESU's per acre 0 688 76 51 acres MFRM @ 4.3 ESU's per acre 219 Totals 2,256 3,339 3,805 Total Connections, Segments A-E: 9,400 Totals,Ali Service Areas 2,256 4,463 5,075 " Proposed ESU's are those projected within the ten year planning period. Based on the growth projected for the ten year planning period,the city of Friendswood is expected to add approximately 4,800 equivalent connections to its wastewater collection system by the year 2000 including a total of 4,463 ESU's that are anticipated to occur within the service areas identified above. --%' Wastewater Treatment Capacity Existing Proposed* Future Blackhawk Wastewater Treatment Plant ESU's ESU's ESU's Phase II Treatment Capacity 0 4,819 1,271 Temporary Access Road 7,662 4,819 19 The 2.375 mgd treatment capacity obtained by the City of Friendswood in the second construction phase is available to support new development. Assuming an average rate of flow of 390 gpd per connection used as the basis of an Equivalent Service Unit in the Impact Fee Study,the additional capacity will serve approximately 6,090 additional connections. The temporary access road constructed to the Blackhawk plant provides service for both construction phases of the Blackhawk plant. Based on the 2.500 mgd capacity in the initial phase,an additional 2.375 mgd in the second phase and the 390 gpd per connection referenced above, the cost of the road should be amortized over a total of 12,500 equivalent service units. City of Friendswood Capital Improvements Plan and Impact Fee 25 F. Projected Demand for Wastewater Treatment and Collection Improvements The table presented in Section III.F of the proposed Water Distribution Plan illustrated the projected growth • in population in the City of Friendswood over the next ten year period based on a beginning population of 22,500 in 1990 and a 5%.annual growth rate. The,total projected growth for the timeframe ending January 1,2000 is 14,150 people which represents approximately 4,800 Equivalent Connections. G. Calculation Of Impact Fees I. Melody Lane Wastewater System $557,143/1,237 ESU's $450/ESU 2. Central Service Area Segment Charge. Cumulative Charge •Segment A. $292,265/1,378 ESU's • $212 per ESU $830 Segment B $1,457,721/6,587 ESU's $221 per ESU $618 -_.�' Segment C $1,168,312/7,174 ESU's $163 per ESU $397 Segment D $388,680/8,059 ESU's $48 per ESU $234 Segment E $1,744,056/9,400 ESU's $186 per ESU $186 3. City Wide Fees(Treatment Capacity) • Blackhawk WWTP Capacity,$541,129/6,090 $89 Blackhawk Access Road,$411 431/12.50U 33 $122/ESP The wastewater collection improvements are ultimately intended to serve a total of 11,794 ESU's including 2,256 existing,4463 proposed during the ten year study period and an additional 5075 when the referenced-areas are built out..The phase II treatment plant capacity is sufficient to serve 6,090 connections including the 4,819 connections projected through the study period and an additional 1,271 beyond the ten year planning period. Likewise,the Blackhawk access road,which is projected to provide service for 12,500 connections(7,662 existing, 4,819 proposed in the ten year plan and 19 anticipated beyond the planning period) or through the 50% build out level. The Impact Fees have been calculated L.. based on the ultimate number of connections in order to distribute the cost equitably to new development relevant to the ten year projections as well as subsequent development that will ultimately benefit from the • proposed wastewater lines. Existing connections will not participate in the payment of Impact Fees. Z `Ns d o H metis. co Hn >NO:::::\ H¢ P `��� x' 1'� w:vi 1 tr' isit / aa'�CO I # ' \, . z .m74. ; , .-..,,,,,s....:„-:. / I w cc mit a cc u. N. W CC filST,: .: ‘ lip, 1 i . • r E...44. `�� oft �\ < ,h y ent,.4... ..- ...... , .. / . N(4-iikX \ �� 6 t ` mac.. • IP \\ V }'`ue ` �. .y r ,� \ ri �v t,; /Ii,/i, ' r "„ A•1 ` '_' ' ry r j >4\ W xw • i .'..*\I- Appv .fs . 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P iiiiii V ADN o • . w •••r t 1, 4/ 5 ,_.1.4 c_11, t 41? %Ka I .,:'• 4 " `I. 1.4 C S 3AV ACCAV3VAIvIlf2 e , *NI 1.13.i1V3341* AVaviCON3V W° WA ' . :• '4\ 77,4•1.--..-.1) A itc --2 )mr---- -io.„).__ 1' I 3.01 AMAMI, „so. . tIP.7 .. E..01. 4'0. • ..... a uon.41.111 v 1 3. t OA // ••• v -Wt. / Y.'ele'CP° . if {, 4 . eporaa •i . ot i, • -. e ,..-- -- . _ •ti • - ,.• EXHIBIT S2 1. �.Yuie.��..2:v36"ti-w.v.+r..n++�o?c � .,�.v c. r w�aagy r' _ _ .uJ_=Y . . ..Asu..."_ '64sLN- .....:G.+.wP vr...� h.s- s � . ..'!3 _.� .� x= .-�-. A...-- .. .#e__.- .5 r x -'L'Ab �..-�..4•. ._ xTc ..wa �.. . .. \ •\ \ \ • 0 1 OS i .: V �Q / .ei ;,. ; .0 \ ,NON :.. r�\h / S uN °::: N •0 11 t Oatb314 0 , !, . t 4... ' N. •of• , r-' 0'1 o co\ co ; 0 i%I��`\4• ° 0 a 4 ., UC ��II • 0 0' �� A` s�y OiZrIttciV41iis .. 111 / • ,�, y h pat wsu_/90W. �;it ( •.• tt rra‘ '� �` :o m m �r �: �111117 �ii n';� ,tee,.c`� ° \����jJ �'�.4s.:i �(/ii�a�/t/qj�j /' :ram P A SA% ° ' 'o ♦ IF d �r//if i11ib� �' 7 K-J/�S � 4 W Qi' r file 0,.^ a Y °• I'•.'� FORCE MAIN su1111111(I�1 �. cc�� ` '.. • o . ♦� (EXIST. ) e w�-1ai� 14114, �cna '�i� +i a LW iiii��4i r / EXISTING SANITARLEGEY o fa, N to r,. o STATION �ei/11�_/� 1 L ? ' 1oNis r RIOfi J�• ONITARY'dr . .. 1 vv =1b ,itb r (EXIST. ) �i.i��;�II z�o la'si. ••° o o ' 'iil/1� EXI'ISTING FORCE MAIN .fi o\• " it % ` • ills '•':� PROPOSED FORCE MAIN —•3 -3 Y Yiik. Y L o . fAo0 F�iiill� • lt♦ c� �_ c'>� ��n i y -` INDICATES EQUIVALENT '' ? o 1��:• ° ° ,.>� ° ' z� .�QJr' lir— rSERVICE UNITS E.S.U. mr ���1L'� 000 °� I1378 E.S.U. O° "V• ° .i�� ° ° YN.,� h Y 00 t 0' ! 041• 0 w \ ! c,k.. °b•C; , / , . 0 4 r•. p .. 4 O / •rg:a •.y W • -y.< rA- CENTRAL SERVICE AREA / - '„Et. SEGMENT "A" z JNpy _� EXHIBIT S2a t t �1 t9 • I L , \ AI: I III) T..4444sp%l+».:Z,.. i sr P'.JFA�➢iaak v�bS5 r5•. :K;:'.S'nFG4CSr`-•. ..."It ti O µ s' N J •• v '\ \_ f. f. 416 Y. k I .11 N...... "is. } \ a ii:s. .: / 1 . • • 1 • \ •,... PROPOSED 30" SANITARY c LEGEND y--- - -- art { EXISTING SANITARY o 7/.." ...,...\\ * > PROPOSED SANITARY 1634 E.S .U. # EXISTING FORCE MAIN i • o: PROPOSED FORCE MAIN —J 3 INDICATES EQUIVALENT SERVICE UNITS E.S.U. { 11 SEGMENT "A" 1378 ' TOWER ESTATES 45 E .S .U. f h 42 AC. SPORT COMPLEX 20 E.S .U. \ ` 1300 AC. S.F .R. 3510 E.S.U. r ---r .) ¢ ■j�'�' flj7,Vi .ro�. .ii w. . rti r�•:::Lrir�arr•••}:. .a.c..a:.< „wa.� � • T = "�� �. I IuhS$1�Q�ult\$j CENTRAL SERVICE AREA slim to SEGMENT "B" • EXHIBIT S2b . ......... .----- ____________ -1 ! • ( L .-- I I L t ., 1� � ____. 4 1 N.���.I CHURCH . e -- PA, N 348"bd^ro. lit —� 1 n I t Z O. . W ` .:::. A _SUNSET DRIVE < " , ...„ Ai, • ' I in5 P�M g E < Iu. lEitil_ a.. z 1587 E ,S.UI 4 4. . i • / Zs , LAYFAIR i 4 to t! - — t. M 11 111101111 i cr W U 4 i CT CC I1 01 � i c) .. W 9 fi: a ' I' v " P�A'C>E a� •• •-'� •• �_ i I �' � LEGEND C _ EXISTING SANITARY o ! i O.� u J+ . •' A ` PROPOSED SANITARY —�— EXISTING FORCE MAIN �C — a� } PROPOSED FORCE MAIN —3..-1 / / • �•� o ? . `- INDICATES EQUIVALENT �_ , SERVICE UNITS E.S.U. I / , _ .. a I � I - e • :; •-I -- ' /� �• ,• l 1 1 i 1 it \- \• �` #.: u SEGMENT B 6587 E.S.U. ' '�— • • •- , • a ;% . t k '/ CENTRAL SERVICE AREA . it _ / i j i i i i : III Y` • « z :•A:;,..:�.::s;::z :,�xts:tr>>x:., SEGMENT C 7 EXHIBIT S2c m_t :i 510? In t 1 e Iiii .....2 (tin ca 4 0 E i Il/ ____, 0 fri\--/A111 I ,, 0IA i --Crtigm cc -. WINDING WAY` . AI. k \\ , a / [ . I111 0 eN. it, cc II:d?iNI14il a?c �� g Vallatillk te 1 e - - I�TA PROPOSED 36" SANITARY hiCHURCH • © • Die? _. FOX MEADOW 109 E.S.U. W FALCON RIDGE 138 E.S.U. > REGENCY ESTATES 230 E.S.U. EAGLES POINT 63 E.S .U. pot/ All a 28 AC. SFR 74 E.S.U. O I 82 AC CSC 271 E.S.U. (SEGMENT C 7174 E.S.U. O -CCCC p �O�O LEGEND EXISTING SANITARY O a � ( PROPOSED SANITARY � cn , EXISTING FORCE MAIN 4 Ilhil PROPOSED FORCE MAIN — 3- -i INDSERVICEEUNIQSIVALENT E.S.U. �,�IAYFAIR 'b 0 •HIP - I 4. i I AYFAIR r 8 ` CENTRAL SERVICE AREA �1a -{ SEGMENT "D" '�� ��-/ , EXHIBIT S2d LEGEND ,7---- EXISTING SANITARY o PROPOSED SANITARY ---0--- EXISTING FORCE MAIN — '' PROPOSED FORCE MAIN ••-9 �� �' ' ! IP�� SERVICEEUNITSIVALENT E.S.U. �� -AvskQ• A '1S 0-.ti . 'I - a / / ... , , ti _ -- - "7. 0 / • sit-a / -L__ $ '-_-1, q ki . . , � 1 ._ . , ., , „,, 0, _ If 2 AIIIIirit = ui \ OA , \- > al m —- r Y 7 / mow ' • il � . t1 Q - ---- -- 1 1 , „,,:ii;\ ,„.„.. -,..1 1 - - • MB • 'Cs • ' 4 1111 • \ C‘i '% ''. '" a 1 Z _ . 11 .;ice 0 1y z' I 0 4\ 0 Ais ?Fa iii ttoi 11 : es, , 3, o • .� 1 !` 1.\ , 1 t 3 µGo p R . NINOING WAY '',11- •• ` ' p40POSip,�ION - .. "\ f 1 4 LIFE S � i.•� awit, 0 , \ ) . "lbd oi el IS 21:‘, --) jr-ej-4- 5.41e. 4'..-r a • 10a7m"w � 77-411. SLONE SUBDIVISION 100 E.S.U. Vi:tVVJtil,� RANCHO VIEJO 64 E.S.U. ' n.rellg 255 AC. SFR 688 E.S.U. ellr `I • POLY RANCH ESTATES �1 CENTRAL SERVICE AREA EXIST. LOTS 194 E.S.U. SEGMENT D 8059 E .S.U. 28 AC. SFR 76 E.S.U. SEGMENT "E" 51 AC. MFR-M 219 E.S.U. EXHIBIT S2e City of Friendswood Proposed Capital Improvement Plan; Financing Costs The proposed Capital Improvement Plan is anticipated to be funded by the sale of bonds with a bond issue anticipated for each of the two service areas identified below; Melody Lane Service Area Water Distribution $327,488 Wastewater Collection J4i8 Subtotal $592,936 Bond Issuance and Finance Cost - 5154 Total Projected Cost - - _- - $1,244,500 �., , Central Service Area Water Distribution $518,272 Wastewater Collection 2A9t12 Subtotal $3,009,424 Bond Issuance and Finance Cost ( 3O9245j Total Projected Cost $61O1875 The bond costs are based on a twenty year term and a 75%interest rate. r City of Friendswood Proposed Capital Improvement Plan; Financing Costs Melody Lane Service Area Water Distribution Quantity Unit Cost Total Cost 1. 8"Waterline 3,350 LF $12.00 $40,200 2. 12"Waterline 8,650 LF 18.00 155,700 3. Fire Hydrants 27 EA 1,100.00 29,700 4. Pipeline Crossing I LS 1,000.00 1,000 5. 12"Steel Section 100 LF 58.00 5,800 6. Bore, including 14"Casing 100.LF -. 100.00 JQSXO Subtotal $242,400 Design and Construction Phase Engineering, 12% - 29.0$$ Right of Way Costs;2.8 acres @$20,000/ac 56,000 Subtotal $327,488 Bond Issuance and Finance Costs 3599 Total Project-. Cost $687,357 Wastewater Collection Quanta Unit Cost Total Cost 1. 10"SDR 35 PVC Sewer Line 2,900 LF $16.00 $46,400 2. 12"SDR 35 PVC Sewer Line 1,000 LF 20.00 20,000 3. 15" SDR 35 PVC Sewer Line 3,000 LF 25.00 75,000 4. Standard Manholes 15 EA 1,600.00 24,000 5. Bore, Including 20"Casing 100 LF 140.00 14,000 6. Pipeline Crossing 1 LS 1,000.00 1.000 Subtotal $180,400 Design and Construction Phase Engineering, 12% 21,648 Right of Way Costs;3.17 acre$20,000/ac 63AOQ Subtotal $265,448 Bond Issuance and Finance Costs 291 695 Total Projected Cost $557,143 City of Friendswood Proposed Capital improvement Plan; Financing Costs Central Service Area Water Distribution Quantity Cost Cost 1. 8"Waterline 2,500 LF $12.00 $30,000 2. 12"Waterline 15,100 LF 18.00 271,800 3. Fire Hydrants 36 EA 1,100.00 39,600 4. Pipeline Crossing 1 LS 1,000.00 1,000 5. 8°Steel Section 100 LF 55.00 5,500 6. 12"Steel Section 400 LF 58.00 23,200 7. Bore, Including 12"Casing - 100 LF 75.00 7,500 8. Bore, Including 16"Casing 100 LF _ 120.00 J2Q.QQ Subtotal - $390,600 Design and Construction Phase Engineering, 12% - 46,872 Right of Way Costs;4.04 acres @$20,000/ac - -- - - QJLQO Subtotal $518,272 � Bond Issuance and Finance Costs 532569 Total Projected Cost $1.050,841 Wastewater Collection Quantity Unit Cost Total Cost Segment A 1. 12"Force Main 5,900 LF $15.50 $91,450 2. Connect to Existing LS 1 EA 1,000.00 i.000 Subtotal $92,450 Design and Construction Phase Engineering, 12% 11,094 Right of Way Costs;2.04 acres @$20,000/ac Qt _QQ Subtotal $144,144 Bond Issuance and Finance Costs i4Jd2i Total Projected Cost $292265 City of Friendswood Proposed Capital improvement Plan; Financing Costs Segment B 1. 30" Hobas Sewer Line 6,800 LF $83.00 $564,400 2. Standard Manholes,30"Sewer 13 EA 1,600.00 20,800 3. Pipeline Crossing 1 LS 1,000.00 JOQQ Subtotal $586,200 Design and Construction Phase Engineering, 12% 70,344 Right of Way Costs;3.12 acres @$20,000/ac 62.400 Subtotal $718,944 Bond Issuance and finance Costs - 738 777 Total Projected Cost $1,457,721 Segment C 1. 36"Hobas Sewer Line 4,700 LF $98.00 $460,600 2. Standard Manholes,36"Sewer 9 EA 1,700.00 15,300 Subtotal $475,900 Design and Construction Phase Engineering, 12% 57,108 Right of Way Costs; 2.16 acres @$20,000/ac - 4LZQQ Subtotal $576,208 Bond Issuance and Finance Costs 92JQ4 Total Projected Cost $1,168,312 SegmentD 1. 36"Hobas Sewer Line 1,350 LF $98.00 $132,300 2. Standard Manholes 5 EA 1,700.00 8,500 3. Bore, Including 48"Casing 100 LF 200.00 20.000 Subtotal $16O8O0 Design and Construction Phase Engineering, 12% 19.296 Right of Way Costs;0.58 acres @$20,000/ac IL&PO Subtotal $191,696 Bond Issuance and Finance Costs 196 984 �_� Total Projected Cost $388 680 City of Friendswood Proposed Capital Improvement Plan; Financing Costs Segment E 1. 12.75 mgd Pump Station 1 LS $350,000.00 $350,000 2. 24" Ductile Iron Force Main 5,600 LF 60.00 336,000 3. Clear Creek Crossing I LS 47,000.00 47QQQ Subtotal $733,000 Design and Construction Phase Engineering, 12% - 87,960 Right of Way Costs; 1.96 acres @$20,000/ac J3920Q Subtotal $860,160 Bond Issuance and Finance Costs __ 883,896 Total Projected Cost $1,744,056 et- 7/"F' - "7 A"- A/I ,%) 7 ��1 .,_: . , : .. ..L1 . ._ . . , . (---) - • ,,--Th . ( - (1 '' _, CITY Of FRIENDSWOX MELODY LANE PROJECT ISSUE DATE: 3/01/90 DELIVERY DATE: 3/01/90 MATURING CXJPON INTEREST TOTAL FISCAL TEAR OASES PRINCIPAL • PROCEEDS RATE YIELD PRICE AMOUNT DEBT SERVICE TOTAL . - . ,....... ............ Im.....mo.o......• maws" . .0.01.....m odoomomior.0 oelow.woftorm • .0.000,m000mo ...,..d.....,ft. 3/01/91 • 46,875.00 46,875.00 • -- 9/01/91 23,437.50 23,437.50 70,312.50 3/01/92 15,000 15,000.00 7.500 7.500000 100.000000 • 23,437.50 38,437.50 .• 9/01/92 22,875.00 22,875.00 61,312.50 3/01/93 15,000 15,000.00 7.500 7.500000 100.000000 22,875.00 37,875.00 9/01/93 22,312.50 22,312.50 60,187.50 3/01/94 20,000 20,000.00 7.500 7.500000 100.000000 22,312.50 • 42,312.50 • . . ' 9/01/94 21,562.50 21,562.50 63,875.00 • 3/01/95 20,000 20,000.00 7.500 7.500000 100.000000 21,562.50 41,562.50 9/O /95 20,812.50 20,812.50 62,375.00 - • 3/01/96 20,000 20,000.00 7.500 7.500000 100.000000 20,812.50 40,812.50 • . 9/01/96 • 20,062.50 20,062.50 • 60,875.00 3/01/97 20,000 20,000.00 7.500 7.500000 100.000000 20,062.50 40,062.50 9/01/97 19,312.50 19,312.50 59,375.00 3/01/98 25,000 25,000.00 7.500 7.500000 100.000000 19,312.50 44,312.50 9/01/98 18,375.00 18,375.00 62,687.50 3/01/99 25,000 25,000.00 7.500 7.500000 100.000000 18,375.00 43,375.00 9/01/99 17,437.50 17,437.50 60,812.50 3/01/00 30,000 30,000.00 7.500 7.500000 100.000000 17,437.50 47,437.50 9/01/00 16,312.50 16,312.50 63,750.00 3/01/01 30,000 30,000.00 7.500 7.500000 100.000000 16,312.50 46,312.50 9/01/01 15,187.50 15,187.50 61,500.00 ._ 3/01/02 30,000 30,000.00 7.500 7.500000 100.000000 15,187.50 45,1a7.50 9/01/02 14,062.50 14,062.50 59,250.00 . . - • * 3/01/03 35,000 35,000.00 7.500 7.500000 100.000000 14,062.50 49,062.50 - , 9/01/03 12,750.00 12,750.00 61,812.50 - . ' . 3/01/04 40,000 40,000.00 7.500 7.500000 100.000000 12,750.00 52,750.00 . .. 9/01/04 11,250.00 11,250.00 64,000.00 • 3/01/05 40,000 40,000.00 7.500 7.500000 100.000000 11,250.00 51,250.00 -. . 9/01/05 9,750.00 9,750.00 61,000.00 ... 3/01/06 45,000 45,000.00 7.500 7.500000 100.000000 9,750.00 54,750.00 _ • 9/01/06 8,062.50 8,062.50 62,812.50 • • - 3/01/07 50,000 50,000.00 7.500 7.500000 100.000000 8,062.50 58,062.50 - _ . , • - - • 9/01/07 6,157.50 6,187.50 64,250.00 3/01/08 50,000 50,000.00 7.500 7.500000 100.000000 6,187.50 56,187.50 9/01/08 4,312.50 4,312.50 60,500.00 3/01/09 55,000 55,000.00 7.500 7.500000 100.000000 ;4,312.50 59,312.50 . " . • • 9/01/09 • '2,250.00 2,250.00 61,562.50 - . . - 3/01/10 60,000 60,000.00 7.500 7.500000 100.000000 2,250.00 62,250.00 62,250.00 625,000 625,000 00 • 619,500 00 1,244,500.00 1,244,500.00 - • Acc Int 0.00 0.00 , --h.-- . 41...rmoostpowili0000 ea.......1,41,...mo ...woripoompodioa.41,. . Totals 625,000 625,000 00 619,500 00 1,244,500.00 .,. . (--- : ,,___ . ,,,,,___,, . . . ( ) ' CITY OF FR!EWubwi )O ,,,___/ CENTRAL SERVICE AREA•PROJECT ISSUE DME: 3/01/90 DELIVkY DATE: 3/01/90 I4AWR!WG CXJPO) INTEREST TOTAL FISCAL. YEAR GATES PRINCIPAL • PROCEEDS RATE YtELD PRICE AMOUNT DEBT SERVICE TOTAL _ ........ ............ ............... ...... .......000 .41.00.0a4r00 sipos...s..01•04.0 0.4..gbedioft.410.0 ..seiroft,wooe 3/01/91 230,250.00 230,250.00 9/01/9% 115,125.00 115,125.00 345,375.00 3/01/92. 75,000 75,000.00 7.500 • T.5ODOO 100.000000 115,125.00 190,1Z5.O0 . . . .-. . 9/0V92 112,312.50 112,312.50. 30a,437.50 . - 3/01/93 80,000 80,000.00 7.500 7.500000 100.000000 • 112,312.50 192312.5O . _ , , 9/01/93 109,312.50 109,312.50 301,625.00 3/01/94 90,000 90,000.00 7.500 7.500000 100.000000 109,31�.50 199,312.50 :, 9/01/94 105,937.50 10597.50 305,250.00 • -,• , ' - - - 3/01/95 95,0cO 95,000.00 7.500 7.500000 100.000000 105,937.50 200,937.50 .. -• 9/01/95 102,375.00. 102,375.00 303,312.50 3/011% 100,000 100,000.00 7.500 7.500000 100.000000 102,375.00 202,3T5.00 9/01/96 98,625.00 98,625.00 3O ,0OO.00 • • 3/01/97 110,0O 110,000.00 7.500 7.500000 100.000000 98,625.00 209,625.00 -• ' - •. , 9/0V97 94,500.00 94,500.00 303,125.00 __. . . 3/01/98 120,000 120,000.00 7.500 7.500000 100.000000 94,500.00 214,500.00 9/01/98 90,000.00 90,000.00 304,500.00 3/01/99 130,000 130,000.00 7.500 ' • 7.500000 100.000000 • 90,000.00 220,000.00 .. 9/O /99 85125.00 85,125.00 305,125.00 3/01/00 140,000 14OOOO.00 7.500 7.500000 100.000000 85,125.00 225,125.00 9/O /OO 79, 75.00 79,575,00 30500O.OD 3/01/0% 150,000 150,000.00 7.500 7.500000 100.000000 79,875.00 Z�9d875.00 9/01/01 74,250.00 74,250.00 304,125.00 3/01/02 160,000 160,000.00 7.500 7.500000 100.000000 74,250.00 234,250.00 9/01/02 68,ZiO.00- 68,250.00 302,500.00 • 3/01/03 175,000 175,000.00 7.500 7.500000 100.000000 6 ,2S0.00 243,250.00 9/01/03 61687.5O 61,687.50 304,937.50 3/01/04 185,000 1B5OOO.00 7.500 7.500000 100.000000 61,6s7.5O 246,687.50 9/01/01. 547S0.-00 54,750.00 301,437.50 3/01/05 200,000 ZOO,000.00 7.500 7.500000 100.000000 ' 54,750.00 254,750.00 . , . .. 9/01/OS 47,250.00 47,250.00 3O ,OD0.O0 3iO /O6 215,000 215,000.00 7.500 7.500000 100.000000 47,250.00 262,250.00 • 9/01/06 39,167.50 39,187.50 301,437.50 - - - . 3/01/07 235.000 235,000.00 7.500 7.500000 100.000000 39087.50 274,187.50 ; ,. ' . • 9/01/07 30,375.00 30, 7S.00 304,562.50 . . 3/O1/O 250,000 250,000.00 7.500 7.500000 100.000000 3(075.00 280,315.00 9/01/08 21,000.00 21,000.00 301,375.00 . - 3/0 /O9 270,000 270.000.00 • 7.500 7.500000, O0.00OOO 21,000.00 291,000.00 9/01/09 10,875.00 10,875.00 301,875.00 3/01/10 290.000 290,000.00 7.500 7.500000 100.000000 '10,875.00 300,8T5.00 300,875.00 •• ............ .............. . ............ . _ • - - • 3,070,000' 3,070 000 00............ • •.3.031,875.00 6,101�875.00 1Ot075 00 Acc tnt 0.00 , 0.00 ......:.... .............. .............. .......... .... , , Totals 3.070,000 3,070 000 00 3,01,875..00 6.101,475.00 UC lnct. all expense's) ....... 748345Z94% Avera9e Coupon .. •....:........ T.5000Q000l: TIC (Prhitroge TIC) ............ I L8345294X Average Lite Cyrs) ............. 13.17 ('I.ANN[NG AND I)EVELOPMENT § 394.055 Tjtl 12 Note I (d) A housing finance corporation may enter into contracts to perform services for any other housing finance corporation or any individual or entity acting on behalf of any other housing finance corporation or, with respect to residential development., any housing authority, nonprofit enterprise,or similar entity. Amended by Acts 1989, 71st Leg., ch. 258, § 1, eff. Aug. 28, 1989. historical Note 1989 i.egislation The 1989 amendment added subsec. (d). SUBCHAPTER E. HOUSING FINANCE CORPORATION BONDS ' § 394.055. Liability for Bonds and Contracts; Debt Not Created Notes of Decisions corporation under this chapter or to guarantee Countess I loans provided to low and moderate income per- sons for housing purposes. Op.Atty.Gen.1988, No.JM942. 1. Counties A county lacks authority to guarantee the payment of bonds issued by a housing finance- CHAPTER 395. FINANCING CAPITAL IMPROVEMENTS REQUIRED BY NEW DEVELOPMENT IN MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS [NEW] SUBCHAPTER A. GENERAL PROVISIONS Section Section 395.042. Hearing on Land Use Assumptions. 395.001. Definitions. 395.043. information About .Assumptions 395.002 to 395.010 reserved Available to Public. [Sections 395.044. Notice of Hearing on Land Use As- for expansion] sumptions. SUBCHAPTER B. AUTfiOftIZATION 395.045. Approval of Land•Use Assumptions OF IMPACT FEE Required. 395.011. Authorization of Fee. 395.0455. Systemwide Land Use Assumptions. � } 395.012. Items Payable by Fee. 395.046. Capital Improvements Plan Required I .After Approval of Land Use As • 395.013. Items Not Payable by Fee. sumptions. 395.014. Capital Improvements Place. 395.047. Hearing on Capital .Improvements 395.O1& Maximum Fee Per Service Unit Plan and Impact Fee. 395.016. Time for Assessment and Collection of 395.048. Information About Plan Available to Fee. Public. 395.017. Additional Fee Prohibited; Exception. 395.049. Notice of Hearing on Capital Im- 395.018. Agreement With Owner Regarding provements Plan and Irr►paet Fee. Payment 395.050. Advisory Committee Comments on 395.019. Collection of Fees if Services Not Capital Improvements Plan and Im- Available. pact Fees. 395.020. Entitlement to Services. 395.051. Approval of Capital Impravements 395.021. Authority of Poetical Subdivisions to Plan and Impact Fee Required. Spend Funds to Reduce Fees. 395.0515. Consolidation of Land Use Assump 395.022. .Authority of Political Subdivision to bons and Capital Improvements Pay Fees. Plan. 395.023. Credits Against Roadway Facilities 395.052. Periodic Update of Land Use As- Fees sumptions and Capital Impcove- 395.024. Accounting For Fees and Interest. ments Plan Required. 395053 Hearing on Updated Land Use As 395.025. Refunds. sumptions and Capital Improve [Sections 395.026 to 395.040 reserved merits Plan. for expansion] 395.054. Hearing on Amendments to Land Use Assumptions, Capital Impsove- SUBGHAPTER C. PROCEDURES FOR ments Plan,or Impact Fee. ADOPTION OF IMPACT FEE 395.055. Notice of Hearing on Amendments to 395.041. Compliance With Procedures Re- Land Use Assumptions,Capital Im- quired. provements Plan, or Impact Fee. 25 Te+c.Stats.-3 85 - 1990 P.P. • • § 395.001 PLANNING AND. DEVELOPMENT Title t'l Seetion Section :W5.056. Advisory Committee Comments on 395.073. Cumulative Effect of State and Local Amendments. Restrictions. 395.057: Approval of AmendincnLs Required. 395.074. Prior Impact Fees Replaced by Fees 395.0575. I)eterrnination That No Update of Under This Chapter. Land Use Assumptions,Capital Irm 395.075. No Effect on Taxes or Other Charges. provements Plan or Impact Fees is 395.016. Moratorium on Development Prohibit• Needed. ed. 395.058. Advisory Committee. 395.077. Appeals. [Sections 395.059 to 395.070 reserved 395.078. Substantial Compliance With Notice for expansion] Requirements. 395.079. Impact Fee for Storm Water, Drain- ' - SUBCHAPTER D. OTHER PROVISIONS age, and Flood Control in Populous 395.071. Duties to be Performed Within Time County. Limits. 395.080. Chapter Not Applicable to Certain Wa 395.072.. • Records of Hearings. ter-Related Special Districts. WESTLAW Electronic Research See WESTLAW Electronic Research Guide fol- lowing the Preface. SUBCHAPTER A. GENERAL PROVISIONS § 395.001. Definitions In this chapter: (1) "Capital improvement" means any of the following facilities that have a life • expectancy of three or more years and are owned and operated by or on behalf of a political subdivision: (A) water supply, treatment, and distribution facilities;. wastewater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service area; and. - - (B) roadway facilities. (2) "Capital improvements plan" means a plan required by this chapter that identifies capital improvements or facility expansions for which impact fees may be assessed. �--�' (3) "Facility expansion" 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 • (4) "Impact fee" means a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of•capital improvements or facility expansions necessitated by and attributable to the new development The term includes amortized charges,lump-sum charges,capital • recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: (A) dedication of Land for public parks or payment in lieu of the dedication to serve park needs; (B) dedication of rights-of-way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks,, •or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; or (C) lot or acreage fees to be placed in trust funds for the purpose of reimbursing, developers for oversizing or constructing water or sewer mains or lines. However,.an item included in the capital improvements plan may not be required to bE constructed except in accordance with Section 395.019(2), -and an owner may not bf required.to construct or dedicate facilities and to pay impact fees for those facilities 86 J'LANNING AND DEVELOPMENT § 395.001 Title 12 (5) "Land use assumptions" includes 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 1O-year period. (6) "New development" means the subdivision of land; the construction, reconstruc- lion, 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. (7) "Political subdivision" means a municipality, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, or, for the purposes set forth by Section 395.079, certain counties described by that section. (8) "Roadway facilities" means arterial or collector streets or roads that have been designated on an officially adopted roadway plan of the political subdivision, together with all necessary appurtenances. The term does not include any roadways or associated improvements designated on the federal or Texas highway system. (9) "Service area" means the area within the corporate boundaries or extraterritorial jurisdiction,as determined under Chapter 42,of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan,-except roadway facilities and storm water, drainage, and flood control facilities. The service area, for the purposes of this chapter, may include all or part of the land within the political subdivision or its extraterritorial jurisdiction, except for roadway facilities and storm water,drainage,and flood control facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political - - subdivision and shall not exceed a distance equal to the average trip length from the new development, but in no event more than three miles, which service area shall be served by the roadway facilities designated in the capital improvements plan. For storm water, drainage, and flood control facilities, the service area may include all or part of the land within the political subdivision or its extraterritorial jurisdiction, but shall not exceed the area actually served by the storm water, drainage, and flood control facilities designated in the capital improvements plan and shall not extend across watershed boundaries. (10) "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. Added by Acts 1989,71st Leg.,ch. 1,¢ 82(a),eff.Aug.28,1989:.Amended by Acts 1989,71st Leg., ch. 566, § 1(e),eff.Aug. 28, 1989. Historical Note 1269H.lI, Vernon's TexasCivil Statutes), prior 1989 Legislation to the effective date of this Act shall not be held invalid as a result of any inconsistency with any The 1989 amendment in subd.(9)inserted"and provision of this Act. storm water, drainage, and flood control fad11i „ ties"at the end of the first sentence and"at the Sec. 3. Nothing in this Act shall affect the end of the second sentence; in the third sentence validity of impact fees heretofore levied for substituted "shall" for "may" preceding "not storm K°ater,drainage,or flood control facilities exceed"; and added the fourth sentence. by a countywide district created and operating under the provisions of Article XVI, Section 59, Acts 1989, 71st Leg., ch. 566, § 1(a), 2 and 3 of the Texas Constitution in a county of 2,1OO, provide: 000 or more according to the last preceding "Sec. 1. (a) Chapter 395, Local Government federal census, and all impact fees heretofore Code, as added by the Act of the 71st Legisla- levied or assessed by such a district are hereby ture,Regular Session. 1989,which Act conforms validated,ratified, and confirmed." the Local Government Code to certain Acts of prior Laws: the 70th Legislature, nonsubstantively codifies in that code certain related statutes, and which Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. makes certain corrective and conforming amend- Vernon's Ann.Civ.St.art. I269j-4.11, § 1. meets, is amended by this section. "Sec. 2. Ordinances, orders, or procedures Cross References mplemented under Chapter 957,Acts of the 70th Investment of local funds, see Vernon's Ann. Legislature, Regular Session, 1987 (Article Civ.St. art. 4413(34c). 87 395.0 1 1 ['CANNING AND DEVELOPMENT • Title 12 [Sections. 395.002 to 395.0O reserved for expansion] SUBCHAPTER B. AUTHORIZATION OF IMPACT FEE ) • �.� § 395.011. Authorization of Fee (a) Unless otherwise specifically authorized by state law or this chapter,a governmental entity or political subdivision may not enact or impose an impact fee. (b) Political subdivisions may enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions only by complying with this chapter, except that impact fees may not be enacted or imposed in the extraterritorial jurisdiction for roadway facilities. (c) A• municipality may contract to provide capital improvements, except roadway facilities, to an area outside its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee under the contract,but if an impact fee is charged in that area, the municipality must comply with this chapter. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug. 28, 1989. • Historical Note Vernon's Ann.Civ.St. art. 1269j-4.11, § 2(a). Prior Laws: .• --- - Acts 1987, 70th Leg., ch. 957, §§ I. to 11. • • § 395.012. Items Payable by Fee' -- • - (a) An impact fee may be imposed only to pay .the• costs of constructing capital improvements or facility expansions, including and-limited to the:__ (1) construction contract price; . .. _ __ (2) surveying-and engineering fees;. - •- • . • (3) land acquisition costs,.including land.purchases,.._court:awards.and costs, attor • ney's fees, and expert witness fees; and -. . • (4) 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.political, subdivision.__ .. , . - • • (b).Projected interest charges and other,finance costs may.beincIudd in�determining the aunt of impact fees only if the impact fees are.used paymentfon.the. of principal and interest on bonds, notes,-or other obligations.issued by or on behalf of the political subdivision to finance the capital improvements or facility èxpanzions iaentifiecrui the capital improvements plan and are not used to reimburse'bond fiiids 'expended'for facilities that are not identified in the capital improvements plan.::: �c•.-:.''; ' (c).Notwithstanding any other provision of this chapter, the Edwards Underground Water District or a river authority that is.authorized elsewhere by state law to charge fees that function as impact fees,may'use impact fees to pay-a staff engineer who prepares or updates a capital improvements plan under this chapter: .; • Added by Acts 1989;list Leg.,ch. 1,1 82(a),eff.Aug.:28, 1989. .. •.. Historical Note Vernon's•Ann Civ St. ait 1269j-4 II § 2(b)• Prior Laws: . . • • * Acts 1987, 70th Leg., ch. 95?, $§ 1. to11. - § 395.013. Itenns Not Payable.by Fee Impact fees may not be adopted-or used to pay for. (1) construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) repair, operation, or maintenance of existing or new capital improvements or facility expansions; (3) upgrading, updating, expanding, or replacing existing capital improvements to • serve existing development in order to meet stricter,safety, efficiency, environmental, or regulatory standards; 88 • PLANNING AND DEVELOPMENT § 395.014 Title 12 (4) uP6rading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (5) administrative and operating costs of the political subdivision,except the Edwards Underground Water District or a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may use impact fees to pay its administrative and operating costs; (6) principal payments and interest or other finance charges on bonds or other indebtedness, except as allowed by Section 395.012. Added by Acts 1989,71st Leg., ch. 1, § 82(a), eff. Aug, 28, 1989. historical Note Vernon's Ann.Civ.St. art 1269}-4.11, § 2(c). Prior Laws: Acts 1987, 70th Leg., ch. 957, ¢§ 1 to 11. § 395.014. Capital Improvements Plan (a) The political subdivision shall use qualified professionals to prepare the capital improvements plan and to calculate the impact fee. The capital improvements plan must contain specific enumeration of the following items:-- -- (1) a descriptionof the existing capital improvements-within the service area and the costs to upgrade, update, improve, expand, or replace.the improvements to meet existing needs and usage and stricter safety, efficiency, environmental, or regulatory- standards, which shall be prepared by a qualified--professional-engineer licensed to 'perform the professional engineering services in-this stale;-- -' - - --(2) an analysis of the total capacity, the level of current usage,and commitments for usage of capacity of the existing capital improvements, which shall be prepared by a qualified professional èigineer licensed to.perform the professional engineering servic- es in this state; .. . • (3) a description of all or the parts of the capital improvements or facility expansions • and their costs necessitated by and.attributable to new development in the service area based on the approved land.use assumptions; which shall be prepared by a qualified professional engineer licensed to perform the professional engineering services in-.this state; .. . . .. ... - • ., . . • '' .. • -. . .• . :(4) a definitive.table'establishing the specific level 'or quantity of use, consumption, generation, or discharge of a service unit for eacli-dategory'of capital improvements or • • facility expansions and•an'equivalency or conversion table`establishing the ratio of a 'service unit,to'vaiious`types of land uses; including••• ;- .'residential, commercial; and :indtistcial; ' .• .� .. • • : •-- • • • • . - . .(5) the total number of projected .auiits necessitated by and attributable to new.development within the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria; and . - '. (6) the projected demand.for capital improvements or facility expansion's required by new service units projected over a reasonable period of time, not to exceed 10 years. Co) The analysis required by Subsection (aX3) may be prepared an a systemwide basis within the service area_for each major category of capital improvement or facility expansion for the designated service area. (c) The governing body of the political subdivision is responsible for supervising the implementation of the capital improvements plan in a timely manner. Added by Acts 1989,?1st Leg.,ch. 1,§ 82(a),eff.Aug.28, 1989, Historical Note Vernon's Ann.Civ.St. art. 12f39j-4.11, § 2(dX1). Prior Laws: Acts 1987, 70th Leg., ch. 957. §§ 1 to 11. 89 :395.015 PLANNING AND I)EVELOPMENT Title 12 § 395.015. Maximum Fee Per Service Unit (a) The impact fee per service unit may not exceed the amount determined by dividing • the costs of the capital improvements described by Section 39&014(aX3) by the total number of projected service units described by Section 395.014(a)(5). : • (b) If the number of new service units projected over a-reasonable period of-time is less - - than the total number of new service units shown by the approved land use assumptions at, full development of the service area, the maximum impact fee per service unit shall be calculated by dividing; the costs of •the dart of the capital improvements necessitated by and attributable to projected new service units described by Section 395.014(a)(6) by the projected new service units described in that section. • Added by Acts 1989,71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. historical Note Vernon's Ann.Civ.St. art. 1269j4.1l, § 2(dX2). Prior Laws: Acts 1987; 70th Leg., ch. 957, ,§§ I to 11. § 395.016. Time for Assessment and Collection of Fee (a)This subsection applies only,to impact fees adopted and land platted before June 20, 1987. For land that has been platted in accordance with Subchapter A, Chapter 212, or the subdivision or platting procedures of a political subdivision before June 20,.1987, or land on which new development occurs or is proposed without platting, the political subdivision may assess the impactduring.the.development fees at any time approval and building process. Except as provided by Section 395.019, the political subdivision may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system.or..-at-.the time the-:political subdivision issues either the building permit or the certificate of occupancy. _ . (b) This subsection applies only to impact fees adopted before June 20,.1987, and land platted after that date. For new development which is platted in accordance with •Subchapter A. Chapter 212, or the subdivision or platting procedures of 'a political subdivision after June 20,1987,the political subdivision may assess the impact fees before or at the time of recordation. Except as provided by Section 395.019, the -political subdivision may collect the fees at either the time of recordation of the subdivision plat or eonnectionto the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (c) This subsection applies only to impact fees adopted,after June 20, 1987. For new development which is platted in accordance with Subchapter.A, Chapter 212, or the • subdivision or platting procedures of �- political subdivision before the adoption of an impact fee, an impact fee may not be collected on any service unit for which a valid building permit is issued within one year.after the date of adoption of the impact fee. (d) This subsection applies only to land platted in accordance with Subchapter A, Chapter 212, or the subdivision or platting procedures of a•political subdivision after adoption of an impact fee adopted after June 20, 1987: The political subdivision shall assess the impact fees before or at the time of recordation of a subdivision plat or other plat under Subchapter A,•Chapter 212, or the subdivision or platting ordinance 'or procedures of any political subdivision in the official records of.the county clerk of the county in which the tract is located. 'Except as provided by Section 395.019, the political subdivision may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. {e) For land on which new development occurs or is proposed to occur without platting, • the political subdivision may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (0 An "assessment" means a determination of the amount of the impact fee in effect on the date or occurrence provided in this section and is the maximum amount that can be 90- . • • - I'LANNINC AND I)EVELOIMENT § 395.019 Title 12 charged per service unit of such development. No specific act by the Political subdivision is required. -� Added by Aces 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28', 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j4.11, § 2(e). Prior Law8: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.017. Additions! Fee Prohibited; Exception After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract for any reason unless the number of service units to be developed on the tract increases. In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art 1269H.11, § 2(n. Prior-Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.018. Agreement With Owner Regarding Payment A political subdivision is authorized to enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of ;payment of the impact fees. Added by Acts 1989,?1st Leg.,ch. 1, § 82(a), elf. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269}-4.11, § 2(g). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.019. Collection of Fees if Services Not Available Except for roadway facilities, impact.fees may be assessed but may not be collected in areas where services are not currently available unless: (1) the collection is made to pay for a capital improvement or facility expansion that has been identified in the capital improvements plan and the political subdivision commits to commence construction within two years, under duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide-service, and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years; (2) the political subdivision agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or (3) an owner voluntarily requests the political subdivision to reserve capacity to serve future development, and the political subdivision and owner enter into a valid written agreement. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. 91 395.019 NAANNINC AND DEVELOPMENT TUte i2 historical Note Vernon's Ann.Civ.St. art. 1269H.11, § 2(h). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.020. Entitlement to Services Any new development for which an impact fee has been paid is entitled to the permanent use and benefit of the services for which the fee was exacted and is entitled w receive immediate service from any existing facilities with actual capacity to serve the new service units, subject to compliance with other valid regulations. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug.28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j-4.11, § 2(i). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.021. Authority of Political Subdivisions to Spend Funds to Reduce Fees __Political subdivisions may spend funds from any lawful source to pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees. Added by Acts 1989,71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.SL art. 1269}-4.1I, § 2(j). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.022. Authority of Political Subdivision to Pay Fees Political subdivisions and other governmental entities may pay impact fees imposed under this chapter. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269H.I1, § 2(k). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.023. Credits Against Roadway Facilities Fees Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from the develop- ment. Added by Acts 1989,71st Leg., ch. 1, § 82(a),eff.Aug.28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j-4.11, § 2(1). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.024. Accounting For Fees and Interest (a)The order,ordinance,or resolution levying an impact fee must provide that all funds collected through the adoption of an impact fee shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. (b) InCerest earned on impact fees is considered funds of the account on which it is earned and is subject to all restrictions placed on use of impact fees under this chapter. (c) Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by this chapter. (d) The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. Added by Acts 1989,71st Leg.,ch. 1,§ 82(a),eff. Aug.28, 1989. 92 LLANNINt AND l)EVELOI'MENT § 395.041 Tith 12 historical No(t Vernon's Ann.Civ.St. art. 1269H.L I, § 4(a). I'rior Laws: � .., Acts 1987, 70th Leg., ch. 957, §§ I to It. § 395.025. Refunds (a) On the request of an owner of the property on which an impact fee has been paid, the political subdivision shall refund the impact fee if existing facilities are available and service is denied or the political subdivision has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event Later than five years from the date of payment under Section 395.019(1). (b) On completion of the capital improvements or facility expansions identified in the capital improvernenis plan, the political subdivision shall recalculate the impact fee using the actual costs of the capital improvements or facility expansion. If the impact fee calculated based on actual cost is less than the impact fee paid, the political subdivision shall refund the difference if the difference exceeds the impact fee paid by more than 10 percent. (c) The political subdivision shall refund any impact fee or part of it that is not spent as authorized by this chapter within 10 years after the date of payment - - (d) Any refund shall bear interest calculated from the date of collection to the date of -' refund at the statutory rate as set forth in Article 1.03,Title 79, Revised Statutes(Article 5O39-4.O3, Vernon's Texas Civil Statutes), or its successor statute. (e) All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were -paid- by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. (f) The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section. Added by Acts 1989,71st Leg., ch. 1, § 82(a), elf. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.SL art. 1269j-4.11, § 5. Prior Laws: Acts 1987, 70th Leg., ch. 957. §§ I to 11. [Sections 395.026 to 395.040 reserved for expansion] SUBCHAPTER, C. PROCEDURES FOR ADOPTION OF IMPACT FEE Cross References . Municipal management districts, assessments, hearings, see V.A.T.S. Water Auxiliary Laws, art. 823O-15, § 9. § 395O41. Compliance With Procedures Required Except as otherwise provided by this chapter, a.political subdivision must comply with this subchapter to levy an impact.fee. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug. 28. 1989. Historical Note Vernon's Ann.Civ.St. art. 1269}--4.11, § 39(a). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. 93 § 395.042 PLANNING AND DEVELOPMENT Title 12 § 395.042. hearing on Land Use Assumptions To impose an impact fee, a political subdivision must adopt an order, ordinance, or resolution establishing a public hearing date to consider land use assumptions within the designated service area that will be used to develop the capital improvements plan. Added by Acts 1989, 71st Leg., ch. I, § 82(a), elf. Aug. 28, 1989. - • historical Note Vernon's Ann.Civ.SL art. 1269j-4.11, § 3(b). Prior Laws: ,.Acts 1987, 70th Leg., ch. 957, §§ I to ii. § 395.043. Information About Assumptions Available to Public On or before the date of the first publication of the notice of the hearing on land use assumptions, the political subdivision shall make available to the public its land use assumptions, the time period of the projections, and a description of the general nature of the capital improvement facilities that may be proposed. Added by Acts 1989,71st Leg.,ch. 1, § 82(a), eff. Aug.28, 1989. Historical Note • Vernon's Ann.Civ.St. art I269}-4.11, § 3(d). Prior Laws: Cross References Consolidation of land use 'assumptions and Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. capital improvements plan, see § 395.0515. § 395.044. Notice of Hearing on Land Use Assumptions. __ - -• - •• - (a) Before the 30th day before the date of the hearing on land use assumptions, the political subdivision shall send a notice of the hearing by certified mail to any person who• has given written notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the hearing within two• years preceding the date of adoption of the order,.ordinance, or resolution setting the public hearing., . (b) The political subdivision shall publish notice of the hearing once a:week•for..three. consecutive weeks, the first notice to appear before the 30th day but on.or after the60th day before the date set for the hearing,in one or more newspapers of general circuatioñ • in each.county in which the:political subdivision lies. However, a river authority.that is authoried elsewhere by state law to charge;fees that function as impact fees may publish, the required newspaper notice only in each county in which the service area lies: •The notice of public hearing may not be in the part of the paper.in which legal notices and' classified ads appear and may not be smaller than onequarter page of a standard-size or tabloid-size newspaper, and the headline onthe notice,must be in 1&point or larger type. (c) The notice must contain: • • • • (1) a headline to read as follows: -• .; • . ,- "NOTICE OF PUBLIC HEARING ON LAND USE •.., ASSUMPTIONS BELAYING TO POSSIBLE ADOPTION OF IMPACT FEES" • (2) the time, date, and location of the hearing; (3) a statement that the purpose of.the hearing is to consider the.land use assump- tions that will be used to develop a capital improvements plan under which an impact fee may be imposed; . (4) an easily understandable map of the service area to which the land use assump- tions apply; and . , (5) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug.28, 1989. • 94 rLANNING AND I)EVELOLMENT § 39t3 046 • TIUC 12 Itistorical Note Vernon's Ann.Civ.St. art. 1269H.I1. § 3(e). Prior Laws: Acts' 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.045. Approval of Land Use Assumptions Required _. :..__ ._. (a) After the public hearing on the land use assumptions, the political subdivision shall determine whether to adopt or reject an ordinance,.order,or resolution approving the land use assumptions. (b) The political subdivision, within 30 days after the date of the public hearing, shall approve or disapprove the land use assumptions. (c) An ordinance, order, or resolution approving land use assumptions may not be adopted as an emergency measure. Added by Acts 1989,71st Leg.,ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St art. I269j-4.11, § 3(f), Prior Laws: (g), (h). Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.0455. Systemwide Land Use Assumptions -- --: ._ (a)In lieu of adopting land use assumptions for each service area,.a political subdivision may, except for storm water, drainage, flood control, and roadway facilities, adopt systemwide land use assumptions,which cover all of the area subject to thejurisdiction of the political subdivision for the purpose of imposing impact fees sunder this chapter.. ▪ (b) Prior to adopting systemwide land use assumptions, a,political subdivision shall follow the public notice, hearing, and.other requirements for adopting jancl use.assump- • tions. (c) After adoption of systemwide land use assumptions, a political subdivision is not required to adopt additional land use assumptions for a service area for water.supply, treatment, and distribution facilities or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee; provided the capital improvements plan and impact fee are consistent with the systemwide land'use , •assumptions. . ;. .. : �.. '. ..• • • : •. . ... • . . Added by Acts 1989,71st Leg.;e}i. 566 § 1(b) eff.Aug:28.1989:" : . . .. . . . , ,..Historical Note . under the provisions of• A•r�c1e;ICV I,Section 59, 1989 Legl8latlon • of t}ie Texas Constitution in a county of 2,100,- . Sections 2 to 4 of the 1989 Act provide- ODU or. •more according"to_the tact preceding 'Sec. 2., Ordinances, orders, or procedures federal'eeiisus,��and.all impact fees heretofore implemented under Chapter 957,Acts of the 70th levied or assessed Eby such a district are`hereby Legislature, Regular Session, 1987 (Article validated,�ratified,.:and�confuzcsed. 1269j-4.11, Vernon's Texas Civil Sttütes).prior -,.� 4.'• • -If.any provision of•th• ' is.Act or its to the effective date of this Act shall-not be held - a lication .to. any person or circumstances is • invalid as a result of any inconsistency with any PP provision of this Act. held invalid, the invalidity does not affect other "Sec. 3. Nothing in this Act shall affect the provisions or applications of ibis Act that can be validity of impact fees heretofore levied for given effect without the invalid provision or ap. storm water,drainage,or flood control facilities plication, and to this end the provisions of this by a countywide district created and operating Act are declared to be severable." § 395.046. Capital ImproveenenLs Plan Required After Approval of Land Use Assump- * tions If the governing body adopts an ordinance, order, or resolution approving the land use assumptions, the political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014. Added by Acts 1989,71st Leg.,ch. 1, § 82(a), eff.Aug. 28, 1989. 95 § 395.046 PLANNING AND DEVELOPMENT Titk 12 Uistorical Note Vernon's Ann.Civ.S1 art. 1269H.11, § 3(1). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.041. hearing on Capital Improvcmcnts Plan and Impact Fee On completion of the capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the adoption of the plan and imposition of the impact fee. The public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution adopting a capital improvements plan and imposing an impact fee. Added by Acts 1989, 71st Leg.,ch. 1, § 82(a), eff. Aug. 28, 1989. historical Note Cross References Prior Laws: Consolidation of land use assumptions and Acts 1987, 70th Leg., ch. 957 1 to 11. capital improvements plan, hearing under this Vernon's Ann.Civ.St. art. 1269H.11, § 3(j), section, see § 395.0515. (k). § 395.048. Information About Plan Available to Public - - - On or before the date of the first publication of the notice of the hearing on the capital improvements plan and impact fee, the plan shall be made available to the public. Added by Acts 1989,71st Leg.,ch. 1, § 82(a).eff.Aug. 28, 1989. • Historical Note Vernon's Ann.Civ.SL art 1269j-4.11, § 3(k). Prior Laws: • Acts 1987, 70th Leg., ch. 957, ¢§ 1 'to Ii. . • § 395:049. Notice of Hearing on Capital Imprnvements Plan and Impact Fee .• (a)Before the30th day before the date of the hearing on the capital Improvements plan and impact fee,the-political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail tn,the municipal secretary or other designated official of the political subdivision requesting notieof.the hearing within two years preceding the date of adoptionpf the order or resolution setting the public hearing. ,• •• (b) The political subdivision'shall publish notice of the hearing once a'week,for three consecutive weeks,the first notice,to appear before the 30th day but on o'r'after the'60th day before the date set for the hearing, in Qfl or more newspapers of general circulation in each county in which the political,subdivision lies.; However, a'river sutliority.that is authorized elsewhere by state law.to charge fees that function as impact fees may publish the required newspaper notice only in each county,in which:ttie:service°area.lies.. •The notice of public hearing may not be in the part of thepaperin which legal notices and classified ads appear and may not be,smaller than one-quarter pageof a standard-size or tabloid-size newspaper,and the headline on the notice must be in 18-pomt or larger type. .• (c) The notice must contain the following: • • (1) a headline to read as follows:. "NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES" • (2) the time, date, and location of the hearing; (3) a statement that the purpose of the hearing is to consider the adoption of an impact fee; (4) an easily understandable map of the service area on which the proposed fee will be levied; (5) the amount of the proposed impact fee per service unit; and 96 PLANNING AND DEVELOPMENT § 395.0515 Title 12 (6) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee. Added by Acts 1989, list Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. j Iliatorkal Note Vernon's Ann.Civ.St. art.. 1269j-4.i1, § 3(/). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1- to 11. § 395.050. Advisory Committee Comments on Capital Improvements Plan and Impact Fees The advisory committee created under Section 395.058 shall file its written comments on the proposed capital improvements plan and impact fees before the fifth business day before the date of the public hearing on the plan and fees. Added by Acts 1989,71st Leg., ch. 1, § 82(a), elf. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j-4.1I, § 3(m). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.051. Approval of Capital Improvements Plan and Ianpact Fee Requited - - (a) The political subdivision, within 30 days after the date of the public hearing on the capital improvements plan and impact fee,shall approve or disapprove the adoption of the capital improvements plan and imposition of an impact fee. (b) An ordinance, order, or resolution approving the capital improvements plan and imposition of an impact fee may not be adopted as an emergency measure: Added by Acts 1989,71st Leg.,ch. 1, § 82(a),eff. Aug. 28, 1989. Historical Note Vernon's Ann. Civ. St art. 1269j-4.11, § 3(n), Prior•Laws: • ... (o). • Acts 1987, 70th Leg., ch. 957, 1 to 11: • • -z. • 395.0515.. `Corisolidation'of Land Use Assumptions and Capital"Improvements Plan (a) In lieu of separately adopting the land use assumptions and capital improvements plan for a service area, a political subdivision may'consolidate the land use assumptions and the capital improvements plan,and adopt both plans and the impact fee simultaneous- ly. •s (b) If a political subdivision elects'to consolidate the land use assumptions and capital irnprovemeiitplán as authorized by Subsection (a), the political subdivision shall first comply with Section 395.043 and follow the public notice and hearing requirements for .adopting.a capital improvements-plan and impact fee, except: . (1) the headline for the notice by publication shall read as follower "NOTICE OF PUBLIC HEARING ON ADOPTION OF LAND USEASSUMPTIONS AND IMPACT FEES"; (2) the notice must state that the political subdivision intends to adopt land use assumptions, a capital improvements plan,and impact fees at the hearing and does not intend to hold separate hearings to adopt the land use assumptions, capital improve 'ments plan, and impact fees; (3) the notice must specify a date, which date is not earlier than 60 days after publication of the first notice,and must state that if a person,by not later than the date specified,makes a written request for separate hearings,the governing body must hold separate hearings to adopt the land use assumptions and capital improvements plan; (4) the notice must provide the name and mailing, address of the official of the political subdivision to whom a request for separate hearings shall be sent; and 97 395.0515 PLANNING AND DEVELOPMENT Title 1 2 (5) the certified mail notice, if applicable, shall contain the information in Subsections (b)(2)-(4). (c) In addition, the political subdivision shall comply with all of the other requirements I ' for adopting land use assumptions, a capital improvements plan; and impact fee. (d) If, within the date specified in Subsection (b)(3), a person requests, in writing, separate hearings on the land use assumptions and capital improvements plan, the political subdivision may not utilize this section. In such event, the political subdivision may proceed with the public hearing for which notice has been published, but such hearing will address land use assumptions, and a second hearing as required by Sections 395.046-395.051 will be necessary to address the capital improvements plan and impact fee. Added by Acts 1989, list Leg.,ch. 566, § 1(c),eff. Aug. 28, 1989. Historical Note under the provisions of Article XVI, Section 59, 1989 Legislation of the Texas Constitution in a county of 2,1OO, Sections 2 Co 4 of the 1989 Act provide: 000 or more according to the last preceding "Sec. 2. Ordinances, orders, or procedures federal census, and all impact fees heretofore implemented under Chapter 957,Acts of the 70th levied or assessed by such a district are hereby Legislature, Regular Session, •1987 (Article validated, ratified, and confirmed. 1269j-4.1I, Vernon's Texas Civil Statutes), prior --. ..� If any provision of this Act or its to the effective date of this Act shall not be held Pp��tion to any person a ` or circumstances is invalid as a result of any inconsistency with any provision of this Act held invalid, the invalidity does not affect other "Sec. 3. Nothing in this Act shall affect the Provisions or applications of this Act that can be validity of impact fees heretofore levied for given effect without the invalid provision or air storm water,drainage, or flood control facilities plication, and to.this end the provisions of this by a countywide district created and operating Act are declared to be severable."._ • . • § 395.052. Periodic Update of Land Use Assumptions and Capital.Improvements Plan- •• Required <a) A political subdivision imposing an impact fee shall update the land use assumptions and capital improvements plan at least every three years. The initial three-year period begins on the day the capital improvements plan is adopted: ,,. .. . �:•- .• (b) The political subdivision shall review and evaluate its current land use assumptions ; and shall cause an update of the capital improvements plan to.Ieprepared in accordance with Subchapter B. - • • --; .. . Added by Acts 1989,lIst Leg.;ch. 1, § 82(a)- -..eff. - . . Aug:24,.190.; _y ,.''.;;:'�.:.,::;; -.... • . Historical Note • ,• •••'Vernon's•Ann.`(l'v. St•art. 1269j-4.11, 6(a), (b), Prior Lava: Cross Referencea..-•: •.. . • Acts 1987, .70th Leg, ch..957. §§ I to 11.• Update pnnecessarY+see.* 395.0575. § 395.053. Hearing on Updated Land. Use Assumptions and Capital Improvements Plan The governing body of the political subdivision shall, within 60 days after the date it receives the update of the land use assumptions and the capital improvements plan,adopt an order setting a public hearing to discuss and review-the update and shall determine whether to amend the plan. Added by Acts 1989,71st Leg., ch. 1, § 82(a),eff.Aug.28, 1989. historical Note • Vernon's Ann. Civ. $t art.1269j-4.11. § 6(c). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.054. Hearing on Amendments to Land Use Assumptions,Capital Itaiprovements Plan, or Impact Fee A public.hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the 98 PLANNING ANI) I)EVELOIMENT § 395.056 Title 12 capital improvements plan, or the impact fee. On or before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and ,•-- the capital improvements plan, including the amount of any proposedamended impact fee per service unit, shall be made available to the public. Added by Acts 1989,?1st Leg.,ch. 1, § 82(a), eff. Aug. 28, 1989. • historical Note Vernon's Ann: Civ. StL.•part. l269j4.11, § 6(d). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to U. § 395.055. Notice of hearing on Amendments Co Land Use Astimptions, Capital Improvements Plan, or Impact Fee (a) Before the 30th day before the date of the hearing on amendeaents to the land use assumptions,capital improvements plan,or impact fee, the political shall send a notice of the hearing by certified mail to any person who has gen written notice by certified or registered mail to the municipal secretary or other des.iEnated official of the political subdivision requesting notice of the hearing within two years preceding the date of adoption of the order or resolution setting the public hearing. (b) The political subdivision shall publish notice of the hearing arace a week for three • consecutive weeks, the first notice to appear before the:30th daybuitozor after-the 60th day before the date set for the hearing, in one or more newspapers cif general circulation in each county in which the political subdivision lies. However, a--river authority that is authorized elsewhere by state law to charge fees that function as im :ac fees may publish the required newspaper notice only in each county in which the servke area lies. The notice of public hearing may not.be in the part of the paper in which legal notices and classified ads appear and may not be smaller than one-quarter pages cof standard-size or tabIoidsize newspaper, and the headline on the notice must be in 1& pthnt or larger type. (c) Ttie notice must contain the following: ' . . •..(1) a headline to read as follows: • - .. • "NOTICE OF PUBLIC HEARING ON AMENDMENT OF iF1PAI' FEES" •. (2) the time, date and location of the hearing;. • . . - • •• (3) a statement.#hat the purpose= ; of••• the hearing is to consider the amendment of land use ass•umption• •s'and a capital improvements plan and.the.impositiaon of an impact fee; • • (4) an easily understandable description and map of the service area on which the update is being prepared; and •••:•.. .. � _ • . (5) a statement that any member of the public has.the right to appear at the hearing and present evidene• • or against the update. Added by Acts 1989,iist:Leg.,.ch. 1; $ 82(a), fLAug 28,4989. • -•••; HJbtOrCaL• Note Vernon's Alen. Civ.St.art 1269j-4 11 § 6(e). • • •. Prior Lawa: A7::t3 1987; 70th 'ch. 957, §4 I to 11. • • § 395.-O56 Advisory Committee Comments on Amendmenth - The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the-land use assumptions,capital improvements plan,and ithpact fee before the fifth business day before the date of the hearing on the amendrnents.. Added by Acts 1989,7it Leg.,ch. 1, § 82(a),eff. Aug.28, 1989. HkdcaI Note Vernon's Ann. Civ. St. art 1269j-4.11, § 6(f). Prk saws; Acts 1987, 70th Leg., ch. 957, §§ I to 11. 99 • 395.057 PLANNING ANI) DEVELOPMENT Title 12 • 395.957. Approval of Amendments Required • (a) The political subdivision, within 30 days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions �--' and the capital improvements plan and modification of an impact fee. (b) An ordinance, order, or resolution approving the amendments to the land use -- assumptions, the capital improvements plan, and imposition of an impact fee may not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1959. l(istoricat Note Vernon's Ann. Civ. St. art. 1269j-4.11, § 6(g). Prior Laws: (h). Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.0575. Determination That No Update of Land Use Assumptions. Capital Im provements Plan or Impact Fees is Needed (a) If, at the time an update under Section 395.052 is required, the governing body • determines that no change to the land use assumptions, capital improvements plan, or impact fee is needed, it may, as an alternative to the updating requirements of Sections 395.052-395.057, do the following: • (1) The governing body of the political subdivision shall, upon deter-mining that an update is unnecessary and 60 days before publishing the final notice under this section, send notice of its determination not to update the land use assumptions, capital improvements plan, and impact fee by certified mail to any person who has, within two years preceding the date that the final notice of this matter is to be published, give written notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of hearings related to impact fees. The notice must contain the information in Subsections (bx2)-(5). (2) The political subdivision shall publish notice of its.determination once a week for three•consecutive weeks in one or more newspapers with general circulation in each county in which the political subdivision lies. However, a river authority that- is authorized elsewhere by state law to charge fees that function as impact fees may . • publish the required newspaper notice only in each county in which the service area lies. �-. The notice of public hearing may not be in the part of the paper in which legal notices and classified ads appear and may not be smaller than one-quarter page of a standard size or tabloid-size newspaper, and the headline on the notice must be in 18point or larger type. (b) The notice must contain the folidwing: (1) a headline to read as follows: • .. "NOTICE OF DETERMINATION NOT TO UPDATE LAND USE ASSUMP- TIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEES"; (2) a statement that the governing body of the political subdivision has determined that no change to the land use assumptions,capital improvements plan,or impact fee is necessary; .• (3) an easily understandable description and a map of the service area in which the updating has been determined to be unnecessary; (4) a statement that if, within a specified date, which date shall be at least 60 days after publication of the first notice,a person makes a written request to the designated • official of the political subdivision requesting that the land use assumptions, capital improvements plan,or impact fee be updated,the governing body must comply with the request by following the requirements of Sections 39&O52395.O57 and (5) a statement identifying the name and mailing address of the official of the political subdivision to whom a request for an update should be sent (c) The advisory committee shall file its written comments on the need for updating the fund use assumptions, capital improvements plans, and impact fee•before the fifth business day before the earliest notice of the government's decision that no update is necessary is mailed or published. 100 PLANNING ANt) I)EVELO[ MKNT § 395.058 Title 12 (d) If, by the date specified in Subsection (b)(4), a person requests in writing that the land use assumptions,capital improvements plan,or impact fee be updated, the governing body shall cause an update of the land use assumptions and capital improvements plan to ) be prepared in accordance with Sections 395.O52-395.O57. (e) An ordinance, order, or resolution determining the need for updating land use assumptions, a capital improvements plan, or an impact fee may not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 566, § 1(d), eff. Aug. 28, 1989. Historical Note under the provisions of Article XVI, Section 59, 1989 Legislation of the Texas Constitution in a county of 2,100,- Sections 2 to 4 of the 1989 Act provide: 000 or more according to the last preceding "Sec. 2. Ordinances, orders, or procedures federal census, and all impact fees heretofore implemented under Chapter 957,Acts of the 70th levied or assessed by such a district are hereby Legislature, Regular Session, 1987 (Article validated, ratified, and confirmed. 1269j4.11. Vernon's Texas Civil Statutes), prior "Sec. 4. If any provision of this Act or its to the effective date of this Act shall not be held invalid as a result of any inconsistency with any application to any person or circumstances is provision of this Act. held invalid, the invalidity does not affect other "Sec. 3. Nothing in this Act shall affect the Provisions or applications of this Act that can be validity of impact fees heretofore levied for given effect without the invalid provision or ap- storm water,drainage, or flood control facilities placation, and to this end the provisions of this by a countywide district created and operating Act are declared to be severable." § 395.058. Advisory Committee {a) On or before the date on which the order, ordinance, or resolution is adopted under Section 395.042, the political subdivision shall appoint a capital improvements advisory committee. (b) The advisory committee is composed of not less than five members who shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisory committee must be representatives of the real estate,development,or building industries who are not employees or officials of a political subdivision or governmental entity. If the political subdivision has a planning and zoning commission, the commission may act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not an employee or official of a political subdivision or govern- mental. entity. If no such representative is a member of the planning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership must include a representative from that area. (c) The advisory committee serves in an advisory capacity and is established to: (1) advise and assist the political subdivision in adopting land use assumptions; 2), review the capital improvements plan and file written comments; (3) monitor and evaluate implementation of the capital improvements plan; (4) file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5) advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. (d) The political subdivision shall make available to the advisory:committee any profes sional reports with respect to developing and implementing the capital improvements plan. (e) The governing body of the political subdivision shall adopt procedural rules for the advisory committee to follow in carrying out its duties. Added by Acts 1989,71st Leg., ch. 1. § 82(a), eff. Aug.28, 1989. lUl 395.058 ILANNINC AND DE 'ELOPMENT Title 12 lIitoric;tI Note Vernon's Ann. Civ. St. art. 1269j-4.1I, § 7- , (prior Laws: .% �. Acts 1987, 70th Lei;., ch. 957, §§ I to 11. [Sections 395.059 to 395.070 reserved for expansion] SUBCHAPTER D. OTHER PROVISIONS § 395.071. Duties to be Performed Within Time Limits If the governing body of the political subdivision does not perform a duty imposed under this chapter within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed within 60 days after the date of the request. If the governing body of the political subdivision finds that the duty is required under this chapter and is late in being performed, it shall cause the duty to commence within 60 days after the date of the request and continue until completion. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann. Civ. St. art. 1269j-4.11, § 8(a). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.072. Records of Hearings A record must be made of any public hearing provided for by this chapter. The record shall be maintained and be made available for public inspection by the political subdivision for at least 10 years after the date of the hearing. Added by Acts 1989,?1st Leg.,ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann. Civ. St. art. 1269j-4.11, § 8(b). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.073. Cumulative Effect of State and Local Restrictions Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision where an impact fee is proposed are cumulative with the restrictions in this chapter. Added by Acts 1989,?1st Leg.,ch. 1, § 82(a), eff.Aug. 28, 1989. Historical Note Vernon's Ann. Civ. St. art. 1269j-4.11, § 8(c). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.074. Prior Impact Fees Replaced by Fees Under This Chapter An impact fee that is in place on June 20, 1987,must be replaced by an impact fee made under this chapter on or before June 20, 1990. However,any political subdivision having an impact fee that has not been replaced under this chapter on or before June 20, 1988, is liable to any party who, after June 20, 1988, pays an impact fee that exceeds the maximum permitted under Subchapter B by more than 10 percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys fees and court costs. Added by Acts 1989, 71st Leg., ch. 1, § 82(a),eft. Aug. 28, 1989. 102 PLANNING AND DEVELOI'MENT § 395.078 Title 1'l Historical Note Vernon's Ann. Civ. St. art. l269j4.1I, § 8(d). I'rior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.075. No Effect on Taxes or Other Charges This chapter does not prohibit, affect, or regulate any tax, fee, charge, or assessment specifically authorized by state law. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann. Civ. SL art. 1269j-4.11, § 8(e). Prior Laws: Acts 1987, 70th Leg., ch. 957,. §§ 1 to 11. § 395.076. Moratorium,on Development Prohibited A moratorium may not be placed on new development for the purpose of awaiting the completion of all or any part of the process necessary to develop, adopt, or update the impact fee. Added by Acts 1989,71st Leg., ch. 1, § 82(a),eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St.. art. 1269H.11, § 8(0. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.077. Appeals (a) A person who has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this chapter. (b) A suit to contest an impact fee must be filed within 90 days after the date of adoption of the ordinance, order, or resolution establishing the impact fee. (c) Except for roadway facilities, a person who has paid an impact fee or an owner of property on which an impact fee has been paid is entitled to specific performance of the services by the political subdivision for which the fee was paid. (d) This section does not require construction of a specific facility to provide the services. (e) Any suit must be filed in the county in-which the major part of the land area of the political subdivision is located. A successful litigant shall be entitled to recover reason- able attorneys fees and court costs. Added by Acts 1989,71st Leg.,ch. 1, § 82(a),elf. Aug.28. 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j-4.11, § 9. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. § 395.078. Substantial Compliance With Notice Requirements An impact fee may not be held invalid because the public notice requirements were not complied with if compliance was substantial and in good faith. Added by Acts 1989,71st Leg., ch. 1, § 82(a), eff. Aug.28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269}-4.II, § 9. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. 103 395.079 PLANNING AND DEVELOPMENT Title I 2 § 395.079. Impact I'ee for Storm Vater, I)rIinage, and Flood Control in Populous Count)' (a) Any county that has a population of 2.2 million or more or that borders a county with a population of 2.2 million or more, and any district or authority created under �,�3 Article XVI, Section 59, of the Texas Constitution within any such county that is authorized to provide storm water, drainage, and flood control facilities, is authorized to impose impact fees to provide storm water, drainage, and flood control improvements necessary to accommodate new development. (b) The imposition of impact fees authorized by Subsection (a) is exempt from the requirements of Sections 395.025, 395.052-395.057, and 395.074 unless the political subdi- vision proposes to increase the impact fee. (c) Any political subdivision described by Subsection (a) is authorized to pledge or otherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds,notes,or other obligations issued or incurred by or on behalf of the political subdivision and to the payment of any other contractual obligations. (d) An impact fee adopted by a political subdivision under Subsection (a) may not be reduced if: (1) the political subdivision has pledged or otherwise contractually obligated all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision; and (2) the political subdivision agrees in the pledge or contract not to reduce the impact fees during the term of the bonds, notes, or other contractual obligations. Added by Acts 1989.71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269}-4.1I, § 10. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. § 395.080. Chapter Not Applicable to Certain Water-Related Special Districts (a)This chapter does not apply to impact fees, charges, fees, assessments, or contribu- tions: r- (1) paid by or charged to a district created under Article XVI, Section 59, of the Texas Constitution to another district created under that constitutional provision if both districts are required byiaw to obtain approval of their bonds by the Texas Water Commission; or (2) charged by an entity if the impact fees, charges, fees, assessments, or contribu- tions are approved by the Texas Water Commission. (b) Any district created.under Article XVI, Section'59, or Article III, Section 52, of the Texas Constitution may petition the Texas Water Commission for approval of any proposed impact fees,charges, fees,assessments,or contributions. The commission shall adopt rules for reviewing the petition and may charge the petitioner fees adequate to cover the cost of processing and considering the petition. The rules shall require notice substantially the same as that required by this chapter for the adoption of impact fees and shall afford opportunity for all affected parties to participate. Added by Acts 1989,71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical Note Vernon's Ann.Civ.St. art. 1269j-4.11, § 11. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to 11. [Chapters 396 to 400 reserved for expansion] 104