HomeMy WebLinkAbout04.27.1990 CIP & Impact Fee Study-Propsed Water DistributionI i
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City Of Friendswood
CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY
PROPOSED WATER DISTRIBUTION AND WASTEWATER
COLLECTION SYSTEMS
City Of Friendswood, Texas
April 27, 1990
Revised
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City Of Friendswood
CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY
PROPOSED WATER DISTRIBUTION AND
WASTEWATER COLLECTION SYSTEMS
City Manager
City Engineer
Public Works Director
Finance Director
City Secretary
Mayor Paul Schrader
City Counc/1
Mr. Ron Ritter
Mr. Bob Wlcklander
Ms. Evelyn Newman
Mr. Ed Stuart
Ms. Jan Jordan
Mr. Frank Frankovich
Annette Brand
James Thompson, P.E.
Melvin Meinecke
Roger Roecker
Deloris Archer, CMG
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City Of Friendswood
CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY
PROPOSED WATE R DISTRIBUTION AND
WASTEWATER COLLECTION SYSTEMS
Char/man:
Benny Baker
1203 Silver/eat
Home: 482-1120
Work: 947-6151
Melinda Wasson
505 Wll/lamsburg Circle
Home: 482-3477
Work: (409) 948-1724
Ed Colburn
707Penn Dr.
Home: 996-1022
Work: 228-9211
George Rodgers
1011 Castlewood
Home: 996-0191
Kenny Koncaba
409 Morningside
Home: 482-2207
Work: 482-7491
Bud Holzschuh
1309 Crawford
Home: 482-0086
Work: 486-1155
Senate Bill 336
Captial Improvement
Advisory .Committee
Vice Chairman:
Jeanie Mchugh
1104 Lost River
Home: 482-9122
Work: 480-0033
Tracy Spears
1214 Timberland
Work: 482-7000
Tom Blake
#4 Windsong
Home: 482-6755
John Watson
104 Pecan
Work: 482-0557
Staff:
James E. Thompson, P.E.
City Engineer
482-4438
Claudia Brinkman
Planning And Zoning Secretary
482-4438
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I.
II.
Ill.
IV.
CITY OF FRIENDSWOOD
CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY
FOR THE PROPOSED WATER DISTRIBUTION
AND
WASTEWATER COLLECTION SYSTEMS
TABLE OF CONTENTS
Executive Summary
Introduction
Proposed Capital Improvement Plan, Water Supply and Distribution
A.Existing Capital Improvements
B.Analysis of System Capacity
C.Water Distribution Improvements
D.Basis of Service Units
E.Projected Service Units
F.Projected Demand for Water Supply and Distribution Improvements
G.Calculation of Impact Fees
Proposed Capital Improvement Plan, Wastewater Treatment and Collection
A.Existing Capital Improvements
B.Analysis of System Capacity
C.Wastewater Treatment and Collection System Improvements
D.Basis of Service Units
E.Projected Service Units
F.Projected Demand for Wastewater Treatment and Collection Improvements
G.Calculation of Impact Fees
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CITY OF FRIENDSWOOD
CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE STUDY
FOR THE PROPOSED WATER DISTRIBUTION
AND
WA STEWATER COLLECTION SYSTEMS
TABLE OF CONTENTS
I V.Exhibits
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A Exhibit W; Overall of Water Distribution Service Areas
B.Exhibit W-1; Melody Lane Water Distribution Service Area
C.Exhibit W-2; Bay Area Boulevard Water Distribution Service Area
D.Exhibit W-3; Central Water Distribution Service Area
E.Exhibit S; Overall of Wastewater Collection Service Areas
F.Exhibit S-1; Melody Lane Wastewater Collection Service Area
G.Exhibit S-2; Overall of Central Wastewater Collection Service Areas
H.Exhibit S-2a; Segment A, Central Wastewater Collection Service Area
I.Exhibit S-2b; Segment B, Central Wastewater Collection Service Area
J.Exhibit S-2c; Segment C, Central Wastewater Collection Service Area
K.Exhibit S-2d; Segment D, Central Wastewater Collection Service Area
L.Exhibit S-2e; Segment E, Central Wastewater Collection Service Area
I \ V.Attachments
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A.Bond Financing Schedules
B.Legislation Regarding the Imposition of Impact Fees
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City of Friendswood
Capital Improvements Plan and Impact Fee
I.EXECUTIVE SUMMARY
The City of Friendswood has In recent years committed funds to the construction of surface water facllltles
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 on a City Wide basis and for each of the designated service areas.
A.
B.
City Wide Impact Fees
1.Surface Water Facilities
2.Wastewater Treatment Facilities
3.Impact Fee/CIP Study•
Total
$711
122
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•Based on an estimated cost of $35,000 for 4,819 Equivalent Service Units
Water Distribution Impact Fees
1.Melody Lane Water System
2.Bay Area Boulevard Water System
3.Central Service Area Water System
$840
$854
$294
$358
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City of Friendswood
Capital Improvements Plan and Impact Fee
C.Wastewater Collection Impact Fees
1.Melody Lane Wastewater System
2.Central Service Area Wastewater System
Segment A;
Segment B;
Segment C;
Segment D;
Segment E;
2
$450
$830
$618
$397
$234
$186
The Fees Itemized Above Represent The Charge Anticipated For A Single Equivalent Service Unit As
Defined In The Report.
Requests for service In areas In which Infrastructure necessary to support new development is not either
cur rently available or proposed as a part of the Capital Improvements Plan will have to be coordinated with
City officials.
Senate Bill 336 provides that the Impact Fee will be assessed, where appropriate, before or at the time of
the recordatlon of the plat. In cases where new development occurs without platting, the Impact fee may
be assessed at any time during the development and building process.
Once assessed, the fee ma y be collected by the City at any of the following times during the development
process:
1.When the plat Is recorded, if the development Is platted, or
2.When connections are made to the City's water and sewer systems, or
3.At the time the City Issues either the building permit or certificate of occupancy.
Assessment means the determination of the amount of the Impact fee in effect when a plat is recorded or,
In the absence of a plat, during the development or building process, and Is the maximum amount that can
be charged per service unit for the development In question. After assessment of the impact fees
attributable to a specific project or the execution of an agreement for payment of Impact fees, no additional
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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 BIii 336 and for which a valid build Ing 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 wl/1 be required to update Its Land
Use Assumptions and Capital Improvements Plan at least every three years.
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City of Friendswood
Capita/ Improvements Plan and Impact Fee
II.INTRODUCTION
The City of Friendswood, Texas In conformance with the provisions of Senate BIii 336 and House BIii 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 1 o
year study period which would Increase the total population to 36,650. Population growth during the past
two decades has essentially doubled every 1 O 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 proposed Water and Wastewater Improvements, are Illustrated
on Exhibits "W" and "S" respectively and are further described below:
1.
2.
3.
Melody lane Service Area; Approximately 298 acres proposed for the water distribution service
area and 458 acres proposed for the wastewater collection service area located west of FM-2351,
north of Melody Lane and south of Clear Creek.
Bay Area Boulevard Service Area; Approximately 204 acres of land bisected by Bay Area
Boulevard and located south of FM-528.
Central Service Area; Approximately 1,088 acres proposed for the water distribution service area
and 2,210 acres proposed for the wastewater collection service area located east of FM-528 and
extending from Clear Creek near the eastern boundary of the City across FM-518 to the
undeveloped portions of Mission Estates.
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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 City
owns and operates a number of wells which wlll 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 Friendswood 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 Capital 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.
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City of Friendswood
Capital Improvements Plan and Impact Fee 6
B.An analysis of the total capacity, the level of current usage, and commitments for usage of capacity
of existing capital improvements.
C.A description of all or the portions 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.
D.A definitive table establishing the specific level or quantity of use, consumption, generation or
discharge of a service unit for each category of capital Improvements or facility expansions and an
equlvalency or conversion table establishing the ratio of a service unit to various types of land uses,
Including but not limited to residential, commercial and Industrial.
E.
F.
The total number of projected service units 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.
The projected demand for capital Improvements or facility expansions required by new service units
projected over a reasonable period of time, but in no case more than ten years.
The Impact fee per service unit shall not exceed the amount determined by dividing the costs of the capital
improvements described in paragraph "C" above by the total number of projected service units described
in paragraph "E".
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City of Friendswood
Capital Improvements Plan and Impact Fee 7
Ill. PROPOSED CAPITAL IMPROVEMENT PLAN, WATER SUPPLY AND DISTRIBUTION
Water Supply and Distribution Improvements included as a part of the Capital Improvements Plan Include
the following components:
1.Melody Lane Water Distribution System; Refer to Exhibit W-1
2.Bay Area Boulevard Water Distribution System; Refer to Exhibit W-2
3.Central Seivlce Area Water Distribution System; Refer to Exhibit W-3
4.Surface Water Facilities
A.Existing Capital Improvements
Existing City of Friendswood water distribution lines relevant to the seivice areas addressed In the Capital
lmprovements Plan are described below and are illustrated on Exhibits W-1, W-2 and W-3.
1.
2.
3.
Melody Lane: The proposed water distribution system Is Intended to connect to an existing 8"
water line at FM-2351 and an existing 8" line at Melody Lane.
Bay Area Boulevard: A 14" water line has been constructed between Sunset Drive and Bay Area
Boulevard to seive the anticipated development within the Bay Area Boulevard Seivlce Area.
There are no other existing facilities within the seivice area that are material to the development of
the property.
Central Seivlce Area: The proposed water distribution system Is Intended to connect to an existing
12" line at FM-528 and to an existing 10" line adjacent to FM-518 at two locations.
In addition to water distribution lines, the Capital Improvements Plan proposes the Inclusion of existing
surface water capacity and related transmission Improvements. The City of Friendswood has been
involved for a number of years In plans to reduce dependency on groundwater In order to comply with
goals designed to reduce continued land subsidence In this area as established by the Harr is-Galveston
Coastal Subsidence District. The Subsidence District has adopted a policy that limits groundwater
withdrawal to specific levels depending on location within the two county area. After considering a number
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City of Friendswood
Capital Improvements Plan and Impact Fee 8
of suriace 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
suriace 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 suriace 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 Frlendswood's suriace 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 facllltles are more specifically described In Sections "B"
and "C" following.
There are no costs allocated In the proposed Capital 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 suriace water allocation of 3.0 mgd Is sufficient to accommodate a specific 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% suriace
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 wlll 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 suriace water
capacity will have to be purchased during the next ten years. If the unit cost of additional suriace 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.
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City of Friendswood
Capital 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 Fr lendswood'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 Beamer 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 Capital Improvements Plan.
The following Is a summary of the metered connections In service as of February, 1990.
Type of Customer
Single Family Residential
Single Family Construction Taps
Multi-Family Residential (Number of Units)
Single Business Commercial
Multi-Unit Commercial (Number of Businesses)
Park, Schools, Churches
Sprinkler Systems
*Computed based on water usage
Individual
Connections
6,371
47
1,190
178
102
33
_M
7,975
Equivalent
Connections
6,371
47
655
356 *
51 *
182 *
.JiLh
7,662
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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 facllltles and the
extension of the existing water distribution system to the areas Identified on Exhibits W-1, 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
1.8" Waterline
2.12" Waterline
3.Fire Hydrants
4.Pipeline Crossing
5.12" Steel Section
6.Bore, Including 14" Casing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 2.8 acres@ $20,000/ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Bay Area Boulevard System
Contract Cost (Existing 14" Water Line)
Design and Construction Phase Engineering
Total Cost
Quantity
3,350 LF
8,650 LF
27 EA
LS
100 LF
100 LF
Unit Cost
$12.00
18.00
1,100.00
1,000.00
58.00
100.00
Total Cost
$40,200
155,700
29,700
1,000
5,800
10.000
$242,400
29,088
56,000
$327,488
359,869
$687,357
Total Cost
$369,338
44.322
$413,660
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City of Friendswood
Capital Improvements Plan and Impact Fee
Central Service Area System
1.8 "Waterline
2.12" Waterline
3.Fire Hydrants
4.Pipeline Crossing
5.8" Steel Section
6.12" Steel Section
7.Bore, Including 12" Casing
8.Bore, Including 16" Casing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 4.04 acres @ $20,000 /ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Facility
Sur1ace Water Facilities Costs
Surface Water Allocation $3,300,000
Transmission, Storage and Pumping
24" Bay Area Blvd Line $204,655
18" Connector 352,701
Booster Station & Storage 550,826
Water System Study 4,505
Application for Aid 14,550
Surface Water Planning 21,886
Prellm Engr 20,790
$1,169,913
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Quantity Unit Cost Total Cost
2,500 LF $12.00 $30,000
15,100 LF 18.00 271,800
36 EA 1,100.00 39,600
1 LS 1,000.00 1,000
100 LF 55.00 5,500
400 LF 58.00 23,200
100 LF 75.00 7,500
100 LF 120.00 12,000
$390,600
46,872
80,800
518,272
532,569
$1,050,841
Issuance &
Amount Financing Total
Financed Costs Costs
$2,700,000 $2,120,437 $5,420,437
$116,353
316,853
550,826
4,505
0
0
20,790
$1,009,327 $792,672 $1,962,585
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City of Friendswood
Capital Improvements Plan and Impact Fee 12
System Wide Improvements
Monitoring System 157,394 157,394
Plant Modifications
for Surface Water 164.358 164.358
$321,752 $321,752 $252,687 $574,439
Balance on Financing 332,981 261,506
Issuance Cost 35,940
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
leglslatlon 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 iable Illustrates the ESU's for various land use
requirements.
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City of Friendswood
Capital Improvements Plan and Impact Fee 13
Demand@ ESU/Acre@
Land Use Units/Acre Occupancy/Unit 150 GPCD 450 GPD/ESU
SFR 2.7 3.00 1,215 2.7
MFR-L 6 1.65 1,485 3.3
MFR-M 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)1,665 (2)3.7
I -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 W-1, 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
Service Area
1.Melody Lane;
298 acres SFR@ 2. 7 ESU's per acre
Total
ESU's
805
Proposed
ESU's
805
* Future
ESU's
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City of Friendswood
Capital 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
59 acres OPD @ 3. 7 ESU's per acre 218
105 acres MFR-H @ 9.9 ESU's per acre 1,040
Total 1,406 400 1,006
3.Central Service Area;
1,088 acres SFR @2.7 ESU's per acre 2,938 2,938 _Q
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 4,800 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 "B" 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 period and the future connections anticipated beyond the ten year planning period as Itemized
below:
Total Proposed* Future
ESU's 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
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City of Friendswood
Capital Improvements Plan and Impact Fee 15
F.Projected Demand for Water Supply and Distribution Improvements
The following table Illustrates 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.
Equivalent
Date Population Connections
January 1, 1990 22,500 7,662
January 1, 1991 23,625 8,045
January 1, 1992 24,806 8,447
January 1, 1993 26,047 8,870
January 1, 1994 27,349 9,313
January 1, 1995 28,716 9,779
January 1, 1996 30,152 10,268
January 1, 1997 31,660 10,781
January 1, 1998 33,243 11,320
January 1, 1999 34,905 11,886
January 1, 2000 36,650 12,481
The total projected growth through January 1, 2000 Is 14,150 people or approximately 4,800 ESU's.
G.Calculation Of Impact Fees
1.
2.
Melody Lane Water System
$687,357 /805 ESU's
Bay Area Boulevard Water System
$413,660/1 ,406 ESU's
3.Central Service Area
$1,050,841/2,938 ESU's
$854/ESU
$294/ESU
$358/ESU
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City of Friendswood
Capital Improvements Plan and Impact Fee 16
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
$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.
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City of Friendswood
Capital 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, S-2b, S-2c, S-2d and S-2e.
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 S-1, and S-2.
1.
2.
Melody Lane Service Area: The proposed wastewater collection system Is Intended to connect to
an existing 27" sewer line In FM-2351. Waste discharge from this area wlll be treated at the
Blackhawk Wastewater Treatment Plant.
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 facllltles 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, wlll 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
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City of Friendswood
Capital Improvements Plan and Impact Fee 18
consideration of these Items as a part of the Impact fee structure. Friendswood has purchased capacity In
each of the two construction phases of the Blackhawk Wastewater Treatment Plant. The City In
combination with WCID 108 obtained 2.0 mgd capacity In the Initial phase of construction at no cost due to
EPA participation. An additional 0.5 mgd capacity was purchased by the Clearwoods Improvement District
in that same construction phase for a cost of approximately $272,432. Upon annexat ion Into the City of
Friendswood, the Clearwoods treatment capacity and related debt was assumed by Friendswood.
Essentially all of the 2.5 mgd capacity referenced above Is being used to accommodate existing
development. The 2.375 mgd treatment capacity obtained by the City of Friendswood In the second
construction phase, however, Is available to support new development. In addition, Friendswood
participated In a construction effort distinct from the two Blackhawk construction phases referenced above
for the extension of a temporary access road from FM-528 to the treatment plant. Costs attributed to the
Phase II treatment plant expansion and to the access road are considered In the Impact fee structure.
There are no costs allocated In the proposed Capital 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
The City of Friendswood Is currently using approximately 2.500 mgd of its allotted capacity of 4.875 million
gallons of wastewater per day. Based on an annual growth rate of 5% the remaining treatment capacity will
be sufficient to accommodate the additional 4,819 Equivalent Service Units (ESU's) projected through the
year 2000. A total of 12,481 equivalent service units (ESU's) are projected for purposes of this study
Including 7,662 existing ESU's and the additional 4,819 ESU's anticipated as a part of the 10 year projection
relevant to the proposed Capital Improvements Plan.
C.Wastewater Treatment and Collection System Improvements
The Capital Improvements Plan provides for the extension of the existing wastewater collection system to
the areas Identified on Exhibits S-1, and S-2 as the Melody Lane and Central Service Areas. In addition, the
City of Friendswood also has surplus wastewater .treatment capacity available to support anticipated
growth. This capacity Is a result of the Phase II Blackhawk WWTP expansion and related Improvements.
The proposed sewage treatment and conveyance systems are Intended to serve areas of new development
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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.
Melody Lane System
1.1 0" SDR 35 PVC Sewer Line
2.
3.
4.
5.
12" SDR 35 PVC Sewer Line
15" SDR 35 PVC Sewer Line
Standard Manholes
Bore, Including 20" Casing
6.Pipeline Crossing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 3.17 acre $20,000 /ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Central Service Area System
Segment A
1.12" Force Main
2.Connect to Existing LS
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 2.03 acres@ $20,000/ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Quantity
2,900 LF
1,000 LF
3,000 LF
15 EA
100 LF
1 LS
Quantity
5,900 LF
1 EA
Unit Cost
$16.00
20.00
25.00
1,600.00
140.00
1,000.00
Unit Cost
$15.50
1,000.00
Total Cost
$46,400
20,000
75,000
24,000
14,000
1,000
$180,400
21,648
63,400
265,448
291,695
$557,143
Total Cost
$91,450
1,000
$92,450
11,094
40.600
$144,144
148,121
$292,265
City of Friendswood
I Capital Improvements Plan and Impact Fee 20
i I Segment B Quantity Unit Co�t Total Cost
1.30" Hobas Sewer Line 6,800 LF $83.00 $564,400
: I 2.Standard Manholes, 30" Sewer 13 EA 1,600.00 20,800
3.Pipeline Crossing 1 LS 1,000.00 1,000 ' '
Subtotal $586,200 i I Design and Construction Phase Engineering, 12% 70,344
Right of Way Costs; 3.12 acres @ $20,000 /ac 62.400 : I Subtotal $718,944
i ! Bond Issuance and Finance Costs 738,777
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i i Total Projected Cost $1,457,721
, I SegmentC Quantity Unit Cost Total Cost
1.36" Hobas Sewer Line 4,700 LF $98.00 $460,600
2.Standard Manholes, 36" Sewer 9 EA 1,700.00 15,300 ' I ' I Subtotal $475,900 ' i
Design and Construction Phase Engineering, 12% 57,108
I I Right of Way Costs; 2.16 acres@$20,000/ac 43,200 : I Subtotal $576,208
11 Bond Issuance and Finance Costs 592,104
i ! Total Projected Cost $1,168,312
11 Segment D Quantity Unit Cost Total Cost
1.36" Hobas Sewer Line 1,350 LF $98.00 $132,300 : I 2.Standard Manholes 5 EA 1,700.00 8,500
3.Bore, Including 48" Casing 100 LF 200.00 20,000
i I Subtotal $160,800
Design and Construction Phase Engineering, 12% 19,296
I I Right of Way Costs; 0.58 acres@ $20,000/ac 11,600
I I Subtotal $191,696
Bond Issuance and Finance Costs 1!12,984 11 Total Projected Cost $388,680
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City of Friendswood
Capital Improvements Plan and Impact Fee
Segment E
1.12. 75 mgd Pump Station
2.24" Ductile iron Force Main
3.Clear Creek Crossing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 1.96 acres@ $20,000/ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Blackhawk Wastewater Treatment Capacit y
1.Phase II Plant Expansion
2.Temporary Access Road
D.Basis of Service Units
Quantity Unit Cost
LS $350,000.00
5,600 LF 60.00
LS 47,000.00
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Total Cost
$350,000
33 6,000
47,000
$733,000
87,960
39,200
$860,160
883,896
$1,744,056
Total Cost
$541,129
$411,431
One of 1he 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 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
contrlbU1lon 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 1,025
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 unit, 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) tor 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.
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City of Friendswood
Capital Improvements Plan and Impact Fee 22
Max Flow/Acre ESU/Acre@
Land Use Units/Acre Occu12ancy/Unit Gal/Day 1,355 GPD /ESU
SFR 2.7 3.00 3,657.50 2.7
MFR-L 6 1.65 4,242.50 3.1
MFR-M 9 1.65 5,851.25 4.3
MFR-H 18 1.65 10,677.50 7.9
MHR 10 1.65 6,387.50 4.7
csc (l) -4,462.50 (2)3.3
I --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,
BP and PUD.
Note (2): Based on 55 people/acre@ 25 gallons/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 wastewater collection 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, S-2b, S-2c, S-2d and S-2e. The following Is a tabulation of the projected service
units based on the total area proposed for development In each system, the accepted land use
designations and the Equivalent Service Units (ESU's) per acre as developed In Section D above.
Melody Lane Service Area
458 acres SFR @ 2. 7 ESU's per acre
Total Connections: 1,237
Existing
ESU's
0
Proposed
ESU's
805
* Future
ESU's
432
City of Friendswood
Capital Improvements Plan and Impact Fee 23
I Existing Proposed* Future
Central Service Area ESU's ESU's ESU's
I I Segment A !I
Existing Development 973 0 0
11 150 acres SFR @2.7 ESU's per acre _j)405 _Q
Totals 973 405 0 I Total Connections, Segment A: 1,378
Segment B
Totals from Segment A 973 405 0
Existing Development 65 0 0
1,905 acres SFR@ 2. 7 ESU's per acre _Q 1,634 3.510
Totals 1.038 2,039 3,510
Total Connections, Segments A & B: 6,587
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I Totals from Segments A & B 1,038 2,039 3,510
I I 217.5 acres SFR@ 2. 7 ESU's per acre _Q 587 _j)
Totals 1,038 2,626 3,510
I I Total Connections, Segments A -C: 7,174 ! i
Segment D I I Totals from Segments A - C 1,038 2,626 3,510
Existing Development 860 25 _Q
!I Totals 1,898 2,651 3,510
Total Connections, Segments A -D: 8,059
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City of Friendswood
Capital Improvements Plan and Impact Fee 24
Segment E
Totals from Segments A - D 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 MFR-M@ 4.3 ESU's per acre _Q _Q 219
Totals 2,256 3,339 3,805
Total Connec tions, Segments A -E: 9,400
Totals, All 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.
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City of Friendswood
Capital Improvements Plan and Impact Fee 25
F.Projected Demand for Wastewater Treatment and Collection Improvements
The table presented In Section 11I.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 tlmeframe ending January
1, 2000 Is 14, 150 people which represents approximately 4,800 Equivalent Connections.
G.
1.
2.
3.
Calculation Of Impact Fees
Melody Lane Wastewater System
$557, 143/1,237 ESU's
Central Service Area
Segment A; $292,265/1,378 ESU's
Segment B; $1,457,721/6,587 ESU's
SegmentC; $1,168,312/7,174 ESU's
Segment D; $388,680/8,059 ESU's
Segment E: $1,744,056/9,400 ESU's
City Wide Fees (Treatment Capacity)
BlackhawkWWTP Capacity, $541,129/6,090
Blackhawk Access Road, $411,431/12,500
Segment Charge
$212 per ESU
$221 per ESU
$163 per ESU
$48 per ESU
$186 per ESU
$89
�
$450/ESU
Cumulative Charge
$830
$618
$397
$234
$186
$122/ESU
The wastewater collection Improvements are ultimately Intended to serve a total of 11,794 ESU's Including
2,256 existing, 4,463 proposed during the ten year study period and an additional 5,075 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
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.
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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
ant icipated for each of the two service areas Identified below;
Melody Lane Service Area
Water Distribution
Wastewater Collection
Subtotal
Bond Issuance and Finance Cost
Total Projected Cost
Central Service Area
Water Distribution
Wastewater Collection
Subtotal
Bond Issuance and Finance Cost
Total Projected Cost
The bond costs are based on a twenty year term and a 7.5% interest rate.
$327.488
265.448
$592,936
651.564
$1,244.500
$518,272
2.491.152
$3,009.424
3.092.451
$6,101.875
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City of Friendswood
Proposed Capital Improvement Plan; Financing Costs
Melody Lane Service Area
Water Distribution
1.8" Waterline
2.12" Waterline
3.Fire Hydrants
4.Pipeline Crossing
5.12" Steel Section
6.Bore, Including 14" Casing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 2.8 acres @ $20,000 /ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Wastewater Collection
1.10" SDR 35 PVC Sewer Line
2.12" SDR 35 PVC Sewer Line
3.15" SDR 35 PVC Sewer Line
4.Standard Manholes
5.Bore, Including 20" Casing
6.Pipeline Crossing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 3.17 acre $20,000/ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
Quantity Unit Cost Total Cost
3,350 LF $12.00 $40,200
8,650 LF 18.00 155,700
27 EA 1,100.00 29,700
1 LS 1,000.00 1,000
100 LF 58.00 5,800
100 LF 100.00 10,000
$242,400
29,088
56,000
$327,488
359,869
�687,357
Quantity Unit Cost Total Cost
2,900 LF $16.00 $46,400
1,000 LF 20.00 20,000
3,000 LF 25.00 75,000
15 EA 1,600.00 24,000
100 LF 140.00 14,000
1 LS 1,000.00 1,000
$180,400
21,648
63,400
$265,448
291,695
�557,143
11 City of Friendswood
11 Proposed Capital Improvement Plan; Financing Costs
Central Service Area
11 Water Distribution Quantity Cost Cost
I I 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 11 4.Pipeline Crossing 1 LS 1,000.00 1,000
5.8" Steel Section 100 LF 55.00 5,500 11 6.12" Steel Section 400 u= 58.00 23,200
7.Bore, Including 12" Casing 100 LF 75.00 7,500
I 8.Bore, Including 16" Casing 100 LF 120.00 12,000
I Subtotal $390,600
: I Design and Construction Phase Engineering, 12% 46,872
Right of Way Costs; 4.04 acres@ $20,000/ac 80,800 I I Subtotal $518,272
I , Bond Issuance and Finance Costs 532.569 , I Total Projected Cost $1,050.841
11
Wastewater Collection Quantity Unit Cost Total Cost 11
Segment A 11 1.12" Force Main 5,900 LF $15.50 $91,450 11 2.Connect to Existing LS 1 EA 1,000.00 1,000
Subtotal $92,450
I I Design and Construction Phase Engineering, 12% 11,094
Right of Way Costs; 2.04 acres@ $20,000/ac 40.600
Subtotal $144,144 I I Bond Issuance and Finance Costs 148,121
Total Projected Cost $292,265 l I
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11 City of Friendswood
11 Proposed Capital Improvement Plan; Financing Costs
Segment B I I' !1.30" Hobas Sewer Line 6,800 LF $83.00 $564,400
I I 2.Standard Manholes, 30" Sewer 13 EA 1,600.00 20,800
3.Pipeline Crossing 1 LS 1,000.00 1,000 I
Subtotal $586,200
I I Design and Construction Phase Engineering, 12% 70,344
Right of Way Costs; 3.12 acres @$20,000/ac 62,400
. I Subtotal $718,944 ! ' I Bond Issuance and Finance Costs 738,777
1 I Total Projected Cost $1,457,721
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1.36" Hobas Sewer Line 4,700 LF $98.00 $460,600
I I 2.Standard Manholes, 36" Sewer 9 EA 1,700.00 15,300
Subtotal $475,900
' I Design and Construction Phase Engineering, 12% 57,108 1 i I I Right of Way Costs; 2.16 acres @ $20,000 /ac 43,200
i I Subtotal $576,208
Bond Issuance and Finance Cost s 592,104
Total Projected Cost !1!1,168,312 ' i I I SegmentD
i I I I 1.36" Hobas Sewer Line 1,350 LF $98.00 $132,300
l I 2.Standard Manholes 5 EA 1,700.00 8,500
3.Bore, Including 48" Casing 100 LF 200.00 20,000
, I Subtotal $160,800
I 1 Design and Construction Phase Engineering, 12% 19,296
Right of Way Costs; 0.58 acres@ $20,000/ac 11,600
1 I I I Subtotal $191,696
Bond Issuance and Finance Costs 196,984
I I Total Projected Cost $388,680
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City of Friendswood
Proposed Capital Improvement Plan; Financing Costs
SegmentE
1.12. 75 mgd Pump Station
2.24" Ductile Iron Force Main
3.Clear Creek Crossing
Subtotal
Design and Construction Phase Engineering, 12%
Right of Way Costs; 1.96 acres@ $20,000/ac
Subtotal
Bond Issuance and Finance Costs
Total Projected Cost
1 LS
5,600 LF
1 LS
$350,000.00
60.00
47,000.00
$350,000
336,000
47,000
$733,000
87,960
39.200
$860,160
883.896
$1,744.056
CITY OF FRIENDS\/000 MELODY LANE PROJECT
ISSUE DATE: 3/D1/90 DELIVERY DATE: 3/01/9D
MATURING COUPON INTEREST TOTAL FISCAL YEAR DATES PRINCIPAL PROCEEDS RATE YIELD PRICE AMOUNT DEBT SERVICE TOTAL ------------------------------------------------------------------------------------------------
3/D1/91 46,875.00 46,875.DD 9/01/91 23,437 .so 23,437.50 7D,312.5D 3/01/92 15,000 15,000.00 7.SDD 7.500000 100.0000DD 23,437.5D 38,437.5D 9/01/92 22,875.00 22,875.00 61,312.50 3/01/93 15,00D 15,000.00 7.500 7.500000 100.0000D0 22,875.00 37,875.00 9/01/93 22,312.50 22,312.50 60,187.50 3/01/94 20,0D0 20,000.00 7.500 7.SOODDD 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 9/01/95 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,DOO 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 45,187.50 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, 750.0D 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 6,187.50 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
Ace Int o.oo o.oo------------------------------·----------------------
Totals 625,000 625,000.00 619,500.00 1,244,500.00
CITY OF FRIENDSUOOO
CENTRAL SERVICE AREA PROJECl
ISSUE OAlE: 3/01/90 DELIVERY DATE: 3/01/90
MAlURING CCXJPON INTERESl TOlAL f ISCAL YEAR OAlES PRINCIPAL PROCEEDS RAlE YIELD PRICE AHOUNl DEBT SERVICE TO!Al ··-----------------------------·-· ------.................. ---·---·----.................. . ................ ------------
3/01/91 230,250.00 230,250.00 9/01/91 115,125.00 115,125.00 345,375.00 3/01/92 75,000 75,000.00 7.500 7.500000 100.000000 115, \25.00 190,125.00 9/01/92 112,312.50 112,312.50 302.437 .50
3/01/93 ao, ooo 80,000.00 7.500 7.500000 100.000000 112,312.50 192,312.50 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 109,312.50 199,312.50 9/01/94 105,937.50 105,937.50 305,250.00 3/01/95 95,000 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 3/01/96 100,000 100,000.00 7.500 7.500000 100.000000 102,375.00 202,375.00 9/01/96 9!,625.00 98,625.00 301,000.00 3/01/97 110,000 110,000.00 7.500 7 .500000 100.000000 98,625.00 203,625.00 9/01/97 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 9/01/99 85,125.00 85,125.00 305,125.00 3/01/00 140,000 140,000.00 7.500 7.500000 100.000000 85,125.00 225, 125.0D 9/01/00 79,875.0 0 79,675.00 305,000.00 3/01/01 ISO, 000 150,000.00 7.500 7 .500000 100.000000 79,875.00 229,875.00 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 68,250.00 68,250.00 302.500.00 3/01/03 175.000 175,000.00 7.500 7.500000 100.000000 68,250.00 243,250.00 9/01/03 61,687.50 61,687.50 304,937.50 3/0\f04 185,000 185,000.00 7.500 7.500000 100.000000 61,687.50 246,687.50 9/01/04 54,750.00 54,750.00 301,437.50 3/01/05 200,000 200,000.00 7.500 7.500000 100.000000 54,750.00 254,750.00
9/01/05 47,250.00 47,250.00 302,000.00
3/0\/06 215,000 215,000.00 7.500 7.500000 100.000000 47,250.00 262,250.00
9/01/06 39,187.50 39,187.50 301,437.50 3/01/07 235,000 235,000.00 7.500 7.500000 100.000000 39,187 .so 274, 187,50 9/01/07 30,375.00 30,375.00 304,562.50
3/01/08 250,000 250,000.00 7.500 7.500000 100.000000 30,375.00 280,375.00
9/0\/08 21,000.00 21,000.00 301,375.00
3/01/09 270,000 270,000.00 7.500 7.500000 100.000000 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 30 0,875.00 300,875.00 .-....... ----· ..... ---... -. -.................. ________ ., ...... -----·-······-
3,070,000 3,070,000.00 3,031,875.00 6,101,875.00 6,101,075.00
Ace tnt o.oo o.oo-----------................ --------------....................
'Totals 3,070,000 3,070,000.00 3,031,875.00 6,101,875.00
l!C {Incl. all expenses> ••••••• 7.48345294% Average Coupon ••••••••••••••••• 7 .5000000()):
TIC {Arhitroge TIC) ••••·••••••• 7.48345294¾ Average Life (yrs) .............. 13.17
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Pl,ANNING AND Dl•:VELOl'MENT Title 12 §394.055Note 1
(d)A housing finance corporation may enter into contracts to perform services for anyother housing finance corporation or any individual or entity acting on behalf of any other housing finance corporation or, with respect lo residential development, any housing authority, nonprofit enterprise, 01· similar entity.
Amended by AcLs 1989, 71st Leg., ch. 258, § I, eff, Aug. 28, 1989,
Historical Note
1989 Legislation The l!JSD �mcndmcnl added subscc. (d).
SU!lCHAPTER E. HOUSING FINANCE CORPORATION !lONDS
§394.0fi5. Liability for Bonds and Contracts; Debt Not Created
Notes of Decisions Counties l
I.CountiesA county lacks authority to guarantee tJiepayment of bonds issued by a housing finance
corporation under this chapter or to guarantee loans provided to low and moderate income per• sons for housing puqwscs. Op.Atty.Gen.19881 No. JM-942.
CHAPTER 395. FINANCING CAPITAL IMPROVEMENTS REQUIRED BY NEW
DEVELOPMENT IN MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER
LOCAL GOVERNMENTS (NEW]
SUBCHAPTER A. GENERAL PROVISIONS Section 395.001, Definitions,
[Sections 395.002 to 395.010 reserved for expansion]
SUBCHAPTER B. AUTHORIZATION OF IMPAGr FEE 395.011, Authorization of Fee. 395,012. Items Payable by Fee. 395,013, Items Not Payable by Fee, . 395,014, Capital Improvements Plan, 395.015. Maximum Fee Per Service Unit. 395.016. Time for Assessment and Collection of Fee. 395.017, Additional Fee Prohibited; Exception, 395.018, Agreement With Owner Regarding Payment. 395.019. Collection of Fees if Services Not Available. 395,020. Entitlement to Services, 395,021. Authority of Political Subdivisions to Spend Funds to Reduce Fees. . 395,022. Authority of Political Subdivision to Pay Fees. 395,023, Credits Against Roadway Facilities Fees. 395.024. Accounting For Fees and Interest. 395,025. Refunds.
[Sections 395.026 to 395,040 reserved for expansion]
SUBCHAPTER C. PROC8DURES FOR ADOPTION OF IMPAGr FEE 395.041. Compliance With Procedures Re• quired.
25 TOJ(.Stals.-:1 1990P.P.
Section 395,042, 395.043.
395,044,
395,045,
395.0455. 395,046,
395,047.
395,048,
395.049,
395.050.
395,051.
395,0515.
395,052.
395,053.
395,054.
395,055.
85
Hearing on Land Use Assumptions. Information About Assumptions Available to Public, Notice of Hearing on Land Use As· sumptions. Approval of Land· Use Assumptions Required. Systemwide Land Use Assumptions. Capital lmprove·ments Plan Required .After Approval of Land Use As• sumptions. Hearing on Capital . Improvements Plan and Impact Fee. Information About Plan Available to Public. Notice of Hearing on Capital Im• provements Plan and Impact Fee. Advisory Committee Comments on Capital Improvements Plan and Im• pact Fees, Approval of Capital Improvements Plan and Impact Fee Required. Consolidation of Land Use Assumptions and Capital Improvements Plan. Periodic Update of Land Use As• sumptions and Capital Improvements Plan Required. Hearing on Updated Land Use As• sumptions and Capital Improvements Plan. Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee. Notice o( Hearing on Amendments to Land Use Assumptions, Capital Im· provements Plan, or Impact Fee,
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§,'l!l/i,00 I
Section :m5.0!i!i. A<h-hwry Committee Comment..." on
Amendment.._, :rnr..or,7. Approval of Amendment..,;; Hct1uircd. :tnf>.0575. Dctcrminalion That No Update of Land Use Assumptions, Capital lmprovcmcmts Plan or Impact Fees is Needed. :m5.058. Advhiory Committee.
[Sections 395,059 to 395.070 reserved for expansion]
SURCHAPTER D. OTHER PROVISIONS 395.071. Duties to he Performed Within Time Limits. 395.072. Records of Hearings.
\V(<;STLA W Electronic Research See WESTLA W Electronic Research Guide fol. lowing the Preface,
PLANNING AND IJIWlsLOPMENT Tille 12 Section 395.073.
3ilfi.074.
395,075. 395.076.
:195.077. 3H5.078.
395.079,
395,080,
Cumulnlive £�ffect of Slate and Local Rcstriclions, Prior Impact F'ces Replaced by r'ccs Under This Chapter. No Effect on Taxes or Other Charges. Moratorium on Development Prohibit
ed, Appeals. Substantial Compliance With Notice Requirements. Impact Fee for Storm Water, Drainage, and Flood Control in Populous County. Chapter Nol Applicable lo Certain Water-Related Special Districts,
SUBCHAPTER A. GENERAL PROVISIONS
§395,001. Definitions
In this chapter:
(1)"Capital improvement" means any of the following facilities that have a lifeexpectancy 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 andtreatment 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 identifiescapital improvements or facility expansions for which impact fees may be assessed.
(3)"Facility expansion'! means the expansion of the capacity of an existing facilitythat serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. 'l'.he' 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 subdivisionagainst new development in order to generate revenue for funding ·or recouping the costs of capital improvements or facilicy 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 servepark needs;
(B)dedication of rights-of-way or easements or construction or dedication of on-sitewater 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 reimbursingdevelopers 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 be required to construct or dedicate facilities and to pay impact fees for those facilities.
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PLANNING ANO OEV!sLOPM!cNT Tille 12 §395.001(5)"Land use a ssumptions" includes a description of the service area and projectionsof changes in land uses, densities, intensities, and population in the service area over at least a 10-year period. (G)"New development" means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units, (7)"Political subdivision" means a municipality, a district or authority created underArticle Ill, 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 beendesignated 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 extraterritorialjurisdiction, 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 nood 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 Le g,, ch. 566, § l(e), eff, Aug, .28,. 1989, Historical Note 1989 Leglslallon The 1989 amendment in subd. (9) inserted "and storm water, drainage, and flood control Cacili• ties" at the end of the first sentence and" at the end of the second sentence; in the third sentence substituted 11 shall" for "may" preceding "not exceed''; and added the fourth sentence. Acts 1989, 71st Leg., ch. 566, § l(a), 2 and 3 provide: "Sec. I. (a) Chapter 395, Local Government Code, as added by the Act of the 71st Legisla• ture, Regular Session, 1989, which Act conforms the Local Government Code to certain Acts of the 70th Legislature, ncmsubstantively codifies in that code certain related statutes, and which makes certain corrective and conforming amendments, is amended by this section. "Sec. 2. Ordinances, orders, or procedures mplemented under Chapter 957, Acts of the 70th '...egislature, Regular Session, 1987 (Article
1269j-4.11, Vernon's Texas·Civil Statutes), prior to the effective date of this Act shall not be held invalid as a result of any inconsistency with any provision of this Act. "Sec. 3. Nothing in this Act shall affect the validity of impact fees heretofore levied for storm water, drainage, or flood control facilities by a countywide district created and operating under the provisions of Article XVI,. Section 591 of the Texas Constitution in a county of 2,100,· 000 or more according to the last preceding federal census, and all impact fees heretofo� levied or assessed by such a district are hereby validated, ratified, and confirmed." Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to II. Vernon's Ann.Clv.St. art, 1269j-4.ll, § I. Cross References Investment of local funds, see Vernon's Ann. Civ.St. art, 4413(34c).
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§395.011 !'LANNING AND DEVELOl'MENT
Title 12
[Sec lions 3!)5.002 to :395.010 reserved for expansion]
SUIJCHAPTER ll. AUTHORIZATfON OF IMPACT FEE
§395.011. Authorization of l1�cc
(a)Unless otherwise specifically authorized by state law or this chapter, a governmentalentity or political subdivision may not enact or impose an impact fee.
(b)Political subdivisions may enact or impose impact fees on land within their corporateboundaries or extraterritorial ju risdictions 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 roadwayfacilities, 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.ll, § 2(a).
Prior Lawe:
Acts 1987, 70th Leg., ch. 957, §§ 1 to 11.
§395.012, Items Payable by Fee·
(a)An impact fee may be imposed . only to pay the costs of constructing· capitalimprovements 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 orfinancial consultant preparing .or updating .the CJ>.pital impro:vements .plan .who is .no.t an . employee of the. political s.ubdivisioti ... ·. . ,:. ,· :· . ,:. , ... ,: ./:,, ·:•·.•· ,.-.. ,,: , .. : . .. , .. , . (b). Projected interest charges and �th�r. finance co�ts may .be .. includ!)(I in: dete.rminingthe amount of impact fees only if the impact fees are_. us"!l for.,the payment ?f. principal and interest on bonds, notes, or other obligations issued by or· on behalf of the political subciivisiori ·to finan·ce the ·capital improveriierlts iir facility'.expansi<ins·ta�ntified 'hi the capital improvements plan and are not used to reimburse''bonil··fiinds'·-;,xpen'ded°··forfacilities that are not identified in the clipital improvements plan., .. :•,.:•.••;·· · ·
(c).Notwithstanding any other provision of this chapter, the Edwar� Ui\�ergrpundWater District or a ·river authority that is-authorized elsewhere by sta� law·to·charge ·fees that function as impact 'fees ·may·use impac1; .·f� to pay ·I!-staff_'engineer whoprepares or updates .a capital improvements plan··under;this chaptlir:·.•·,: .: :;Added by Acts 1989, 7lst· Leg., ch. 1, "§ 82(a), eff. A�g.'28, 1989. · ·:: ·· . ; · . , · ..
Prior Lawe:
Hie_torlcal Note Vernon's ·:Ann.Civ:St. art. 1269j--4.ll, § 2(b). . . . ... ·'. ;, .... . •.
Acts 1987, 70th Leg., ch. 9i'i7, §§ 1 to 11.
§395.013. Items Not Payable by FeeImpact fees may not be adopted or used to pay for:(1) construction, acquisition, or expansion of public facilities or assets other thancapital improvements or facility expansions identified in the capital improvements plan;(2) repair, operation, or maintenance of existing or new capital improvements orfacility expansions;(3) upgrading, updating, expanding, or replacing existing capital improvements toserve existing developmP.nt in order to meet stricter safety, efficiency, environmental,or regulatory standards;
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PLANNING AND DEVELOPMI,NT Title 12 §395.014
(4)upgrading, updating, expanding, or replacing existing capital improvements toprovide better service to existing development; (5)administrative and operating costs of the political subdivision, except th e EdwardsUnderground 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 otherindebtedness, except as allowed by Section 395.012.
Added by Acts 1989, 71st Leg., ch. I, § 82{a), eff. Aug. 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
§395.014. Capital Improvements Plan
Vernon's Ann.Civ.Sl. art. l269j-4.ll, § 2{c).
(a)The political subdivision shall use qualified professionals to prepare the capitalimprovements plan and to calculate the impact fee. The capital improvements plan must contain spedfic enumeration of the following items:
(1)a description ·of the existing capital improvements within the service area and thecosts to upgrade, update, improve, expand, or replace the improvements to meet existing needs and usage and stricter safety, efficien·cy, environmental, or regulatory standards, which shall be prepared by a qualified professional engineer licensed to ·perform the professional engineering services in· this state;
(2) an analysis of the total.capacity,_ the level of current usage, and commitments forusage of capacity of the existing c:apital ·improvements, which shall be prepared by a qualified professional.engineer licensed to. perfo.rm the professional engineering servic-es hi 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 oil the approved land. use assumptions; which shall be prepared by a qualified.professional engineer licensed to perform the professional-engineering services in.this
state; .·,.:;:;•_:·, :;, : •·ti::-··.··• _; ·. _. •.,, ·, . _;-:(4) �.defuil�vftabl�' esta�IhihJng'.°the specifidlevel or quantity of'use, consumption,. generation, .oi'"disci\arge'1of a:iiervfce'unit for' each ·i!ategory 'of-capital improvements or ., fa�ility' e,qiansfoiis iti<l·an··eijiiivalency or conversion ··table 'establishing the ratio of a ''�edrv_ictrie)11ni�, t{,vii;i?�s '. tri,es of lal)d uses) ,inchldiil� resid_ential, commercial; arid
_.In u� a; ·.· · · ... · · · · ·. · _ ·. , · · ,. ·-· •, · · · · -.
. .(5) tl_ie i;;�r���b!itof i,�ojected service units_'n��es�itated by and attributable to _new. development wi� the, service area based OIJ. the approved land use assumptions and calculated in accordance with generally a�cepted ·engineering .or planning criteria;and · ··· ·· ·. ., .. _. · · ·
·(6) the projected ·demand. for capital improvements or facility expansions required bynew service units projected .over a reasonalM period of time, not to exceed 10 years.
(b) ·The analysis reqttired by Silbs_ection (a)(3) may be prepared on 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 subdivisio� is responsible for supervising theimplementation of the capital improvements plan in a timely manner.
Added by Acts 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989,
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
Vernon's Ann.Civ.St. art. !269j-4.ll, § 2(d){l).
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§395.015
§ :HJ5.0l5. Maximum Fee Per Service Unit
PLANNING AND DEVELOPMENT Title 12
(a)The impact fee per service unil may not exceed the amount determined by dividing
the cost.s of the capital improvement.s described by Section 395.014(a)(3) by the total
number of projecwd 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 tot.al 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 cost.s of the part 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 AcLs t989, 71st Leg., ch. I, § 82(a), eff, Aug. 28, 1989.
II istoricul Note
Prior Laws:
Acts 1987, 70th Leg., ch, 957, §§ l u, 11.
Vernon's Ann.Civ.St. art. 1269j-4.ll, § 2(d)(2) .
§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 impact fees at any time during the development 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
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,
(c)This subsection applies only to impact fees adopted, after June 20, 191!7, 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 o( an
impact fee, an impact fee may not be collectep 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 Sulichapter 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 o'r 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.
(f)An "assessment" means a determination of the amount of the impact fee in effecton the date or occurrence provided in this section and is the maximum amount that can be
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!'LANNING AND lll-:VI•:LOl'MENT 'l'itll' I 2 §395.0l!l
charged per i-crvicc unit of such development. No specific act hy Lhe pQ!ilical subdivision is required.
i\t!t lcd by Act.-. 1989, 71st Le� .• ch. I, § 82(a), cff. Aug-. 28, IDS!J.
11 istoricnl Note
Prior Lnws:
Act.,; UJ87, 70th U!g., ch. 957, §§ I lo 11.
Vernon's Ann.Ci\•,St. art. 12G!Jj-4.l l, § 2(e).
§ 395.017. Addilionnl Fee Prohibited: l�xccplion
After assessment of the impact fees attributable to the new development or executionof an agreement for payment of impact fees, additional impact fees or increases in fcci::
may not be assessed against the tract for any reason unless the number of service uniL<;
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. I, § 82(a), eff. Aug. 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
Vernon's Ann.Civ.St. art. 1269j--4,ll, § 2(0.
§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, 71st Leg,, ch, I, § 82(a), eff. Aug, 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch, 957, §§ I to II.
Vernon's Ann.Civ.St. art. 1269j--4.ll, § 2(g),
§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. I, § 82(a), eff. Aug. 28, 1989.
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§;rn5.0l 9
lliNtoricul Noll!
Prior LuwH:
Acts 1987, 70th Leg., ch. !J57, §§ l to 11.
§ 395.020. Entitlement to Scr\'iccs
PLANNING AND Dl,VEI.OPMEN1" Title 12
Vcrnon'i. Ann.Civ.St. 11rl. 12G9j-U l, § 2(h).
Any new development for which an impact fee has been paid is entitled lo thepermanent use and benefit of the services for which the fee was exacted and is entitled to
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), cff. Aug. 28, 1989,
Historical Nole
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ 1 to 11.
Vernon's Ann.Civ.St. art. 12G9j-4.l1, § 2(i).
§ 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
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ 1 to 11.
Vernon's Ann.Civ.St, art. 1269j-4.ll, § 2G),
§395.022. Authority of Political Subdivision to Pay Fees
Political subdivisions and other governmental entities may pay impact fees imposedunder this chapter.
Added by Acts 1989, 71st Leg,, ch, I, § 82(a), eff. Aug. 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
Vernon's Ann.Civ.St. art. 1269j-4.11, § 2(k).
§395.023. Credits Against Roadway Facilities Fees
Any construction of, contributions to, or dedications of off-site roadway facilitiesagreed to or required by a political sulidivision 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. I, § 82(a), eff. Aug. 28, 1989.
Historice.l Note
Prior Laws:
Acts 1987, 70th Leg., ch, 957, §§ I to II.
§395,024. Accounting For Fees and Interest
Vernon's Ann.Civ.St. art. 1269j-4.ll, § 2(/),
(a)The order, ordinance, or resolution levying an impact fee must provide that all fundscollected through the ad option 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)Interest 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 forpublic inspection and copying during ordinary business hours.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
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!'LANNING AND llEl'l-:LOPMENT Title I 2 §395.041
llistorkal Noll'
Prior l,nws:
Vernon's Ann.Civ.Sl. art. 1269j-4, l l, § 4(a).
Acts 1987, 70th Let!,, ch. !157, §§ l lo 11. §395,025, Refunds(a) On the rt"lquest 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 late,· than five years from the date of payment under Section ;l95.019(1). (b) On completion of the capital improvements or facility expansions identified in the capital improvements 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 asauthorized 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 5069-1.03, 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 refundis 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. I, § 82(a), eff. Aug. 28, 1989.
Historical Note Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ l to 11.
Vernon's Ann.Civ.Sl art. 1269j--4,ll, § 5.
[Sections 395.026 to 395.040 reserved for expansion]
SUBCHAPTER C. PROCEDURES FOR ADOPTION OF IMPACT FEE
Crose References Municipal management districts, assessments,
hearings, see V.A.T.S. Water Auxiliary Laws,art. 8280--15, § 9.
§ 395.041. Compliance With Procedures RequiredExcept 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, I,§ 82(a), eff. Aug. 28. 1989, Historical Note
Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11.
Vernon's Ann.Civ.St. art, 1269j--4,ll, § 39(a).
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§ 395.042 1'1,ANNING AND DEVI�l,OPMENT Title 12
§ 395.0•12. Bearing on Land Use A�u-mmplions
To impose an impact fee, a political subdivision must adopt an order, ordinance, orresolution establishing a public hearing date to consider land use assumptions within the designated service area lhat will be used to develop the capital improvements plan. Added by Acls 1989, 71st Leg., ch. l, § 82(a), eff. Aug. 28, IU89.
1 listoricnl Note
Prior Lnws:
Vernon's Ann.Civ.St. arl. 12G9j-l.ll, § 3(b).
Acls 1987, 70th Leg., ch. 957, §§ l lo 11.
§ 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 useassumptions, 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 Acls 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989.
Historical Note
Prior Lawe:
Vernon's Ann.Civ.SL art. 1269j-4.ll,. § 3(d).
Cross References
Acls 1987, 70th Leg., ch. 957, §§ I to 11. Consolidation of land use assumptions and
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, thepolitical 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 resqlution setting. the public hearing. · . (b). The politi�I subdivision shall publish notice of the hearing one�· a .week for:.th�ee.· consecutive weeks, the first notice to appear before the 30th day but on.or after the:60tl!· day before the date set for the hearing, in one or more newspapers of general cireulatioil in each county in which the.:P9litical subdivision lies. However, a.riv�r .a)!thority .that is. authorized elsewhere by state law to charge,fees that function as impact fees may publis\i. 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-<juarter page of a standard-size or tabloid-size newspaper, and-the headline on-the .notice. must be i.n lS-.�int or.Jarger type.
(c)The notice must contain:
(1)ii' he'adline to read as follows:
"NOTICE OF PUBLIC HEARING ON LAND USE
ASSUMPTIONS RELATING 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 assumptions that will be used to develop a capital improvements plan under which an impactfee may be imposed; · · · ·
(4)an easily understandable map of the service area to which the land use assumptions apply; and
(5)a statement that any member of the public has the right to appear. at the hearingand present evidence for or against the land use assumptions.
Added by Acts 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989,
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('!,ANN ING AND lllWELOPMlsNT
Title 12 § 395.o,tG11 istoricnl Note Prior l,nw s: Vernon's Ann.Civ.St. art. 1269j--4.11, § :�e).
Acts 1987, 70th Leg-., ch. �57, §§ l to 11.
§ 395.045. Approval of Land Use Assumptions Required(a} Aflcr the public hearing on the land use assumptions, the political subdivision shalldetermine whether to adopt or reject an ordinance, order, or resolution approving the land
use assumptions.(h} The political subdivision, within 30 days after the dale of the public hearing, shallapprove 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), cff. Aug, 28, 1989. Historical Note
Prior Laws:
Vernon's Ann.Civ.St. art. 1269j-4.ll, § 3((),
(g), (h). Acts 1987, 70th Leg., ch. 957, §§ l to 11.
§395.0455. Systemwlde Land: Use Assumptions(a) In lieu of adopting· land use assumptions for each service area, a political subdivisionmay, except for storm waler, drainage, flood control, and roadway facilities, adoptsyslemwide land use assumptions, which cover all of the area subject to the jurisdiction ofthe political subdivision for the purpose of imposing impact fees ·under this chapter.(b) Prior to adopting sy slemwide land use assumptions, a political subdivision shallfollow the public notice, hearing, and. other requirements for adopting •land use assumptions. (c) After adoption of syslemwide land use assumptio.ns, a political subdivision is notrequired to adopt additional land use assumptions for .a service area for waler. supply,treatment, and. distribution facilities or wastewater collection and tt:eatmenflacilities as apri!requisile to the adoption of a capital improvements plan or impact fee; provided thecapital improvements plan and impact fee are consistent with the systemwide land· useassumptions; · · · · · · . · ·. · ··:·· "·· · , .. ,, ·., ... · · · Added by Acts. 1989, 71st Leg.; di. 566, § 1(1>}/ eff. :A'ug/28, '19.Bi'' ,. ·, .
. ' . .... :·•,.'.$:' ... Historical �ote , . . under .the ,pl'(iyisions .of Article XVI, �ctlon 69, 1989.Leglelatlo,; . . . . . oftlie Teic#',°()qn�tilutioii jn a ci>urity cif 2,100,· . Sections 2 to � of the_i989 Act Pt'\lvi4�: .. , ()00_ or, tn?i. ��r4in(f o \h( last .ii�ing
• 11sec. 2. i Ordinances, ordei.rs, or procedures fed.era I �n�us, ___ a�d al�· 1mpa� ��s. here�fore implemented under Chapter 957, Acts of the 70th levied or .assessed by such a dtstrict are ·herebyLegislature, Regular Session; 1987 (Article validated, 'ratified,'·and·:con'firmed. · · ·· · 1269j-<i.ll, Vernon's Texas Civil·Statutes}, prior ·,; :. • .. ' · · • .,, ·, .. · · . · · , to the eff ective dale of-this Act shall-not be held . .s_ec .. 4. If .any pro_v1S1on .of .thlS .Act or '!' invalid as a result of any inconsistency with any appUcati_on .. t:o. any pel".'Son .or. circumstances ts provisiQn of this AcL . . . held invalid, t.J:te invalidity dpes not affect. other"Sec. 3. Nothing in this Act shall affe<:t the provisions Or appliC8tions of this Act that can bevalidity of impact fees heretofore levied for given effect without the invalid provision or apstonn water, drainage, or flood control (acilities plication, and to this end the provisions 0£ thisby a countywide district created and operating Act are declared to be severable."
§ 395.046. Capital Improvements Plan Required After Approval of Land Use Assump,tions ·
If the governing body adopts an ordinance, order, or resolution approving the land useassumptions, the political subdivision shall provide for a capital improvements plan to bedeveloped by qualified professionals using generally accepted engineering and planningpractices in accordance with Section 395.014. Added by Acts 1989, 71st Leg,, ch. I, § 82(a), eff. Aug. 28, 1989. 95
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§395.046 llistoricol Note Prior Luws: AcL<; UJ87, 70th Leg., ch. 957, §§ 1 to 11.
PLANNING AND DEVELOPMENT Title 12 Vernon's Ann.Civ.St. art. 1269j-4,ll, § 3{i).
§395.047. Heuring on Cupit.al Improvements Plan and Impact [<'eeOn completion of the capital improvements plan, the governing body shall adopt anorder 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 Aets 1989, 71st Leg., eh. I,§ 82(a), cff. Aug. 28, 1989. llistorlcol Note Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ I to II. Vernon's Ann.Civ.St. art. l269j-4.ll, § 30), (k).
Cross References Consolidation of land use assumptions and capital improvements plan, hearing under this section, see § 395.0515.
§395.048. Information About Plan Available to PublicOn or before the date of the first publication of the notice of tlie hearing on the capitalimprovements plan and impact fee, the plan shall be made available to the public. Added by Acts 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989, Historical Note Vernon's Ann.Civ.St.. art. 1269j-4,ll, § 3(k). Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 ·to 11. §395;049. Notice of Hearing on-Capital Improvements Plan and Impact Fee(a)Before the 30th day before the date of the hearing o� ·th� capitai lrriJt:;vem�nts pi�nand impact fee, the-political subdivision shaUs�nd a !'O,ti�e,of,ihe hearing'.by_certified mail to any person who has given written notice by certifie•d ·or registered mail ·to the municipal secretary or other designated official of the political subdivision re�uestirig noti�j,'r .tlie hearing within two years preceding the d_ate of.a.doption.Qf the q,;der or J.'.tl�oh1-J;io11·set'ting the public hearing. · ·' · · ·· ' · · · · ''·· :· ···:··-···" .,... .' "·. '· .. ,., · ··(b) The political subdivision ·sliall pu\>lis!i notice of the heariiii 'cirtce,.a'\J..eek for threeconsecutive weeks, the first notice to appear before the 30th day but on or·after·the'"60thday before the date set 'tor. the hearing, iri' one or more· newspapers' cif general circul.a�onin each county in which the political S1/bdivision lies,; Howevei,.a:·>;i'l'.er:a\1.tliorit{.that isauthorized elsewhere by state law. to charge fees .that function :as.iµ/pact.f�es' may publ�hthe required newspaper notice only in eaeh county,' in. whlcl\, tlie, s.�!'Vi�;)u'ea. lies .. ·Thenotice of public hearing may not be in the part of the·paper·.in which legal notices andclassified ads appear and may not be.smaller than ·one-quarter•page·of a standard-size ortabloid-size newspaper, and the headline on the notice must be in lS-point 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 animpact fee; (4)an easily understandable map of the service area on which the proposed fee willbe�; .•. . ·
. (5)the amount of the proposed impact fee per se.rvice unit; and
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PLANNING AND DEVELOPMEN1' Title 12 §395.0515
(6)a statement that any member of the public has the right to appear at the hearingand present evidence for or against the plan and proposed fee.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), cff. Aug. 28, 1989.
llistoricul Note
Prior Law11: Acts 1987, 70th Leg,, ch, 957, §§ 1 to 11.
Vernon's Ann,Civ,St, art. 12G9j-4,l l, § 3(1).
§395.050. Advisory Committee Commenls on Capital Improvements Plan u.nd ImpactFees The advisory committee created under Section 395.058 shall file its wr itten comments . on the proposed capital im provements 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), cff. Aug. 28, 1989.
Historical Note
Prior Lows: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11.
Vernon's Ann.Civ.St. art, 1269j-4.ll, § 3(m).
§395.051. Approvai of Capital Improvements Plan and Impact Fee Required·· (a) The political subdivision, within 30 days after the date of the public hearing on thecapital improvements plan and impact fee, shall approve or disapprove the adoption of thecapital 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. 0Added by Acts 1989, 71st Leg,, ch. 1, § 82(a), eff. Aug. 28, 1989. ·
. )!i�torical Note .
Prior-Laws:
Vernon's Ann, Civ, St. art, 1269j-4,ll, § 3(n),
(o),
Acts 1987; 70th Leg., ch. 957,' §§'! to ll;
. ,::: •• ·•, ,•·1 • ,; __ ,. :: 1-::• ·i·. ,.·.: ;� •• ::. :,·_, §' 395.0515. · 'Consolidation 'of Land Use Assumptions and Capital Improvements Plan
{a) In lieu of .sep�rately adopting _the land use �sumptions and capital iniprovementsplan for .a service area, a political subdivision may' consolidate the land use assumptionsand the capital -improvements plan, and adopt both plans and the impact fee simultaneous-
� . ·. . .. (b) If a political subdivision·eleets·to consolidate the land use assumptions and"capital improvement.s•"phin ·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, �xcept: (1)the headline for the notice by publication shall read as follows:·· , .;NciT1cE o'i,• PUBLIC HEARING oN ADOPTION. OF LAND USE.ASSUMPTIONS AND IMPACT FEES''.;
(2)the notice must state that the political subdivision intends to adopt land useassumptions, 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 improvements plan, and impact fees; (3)the notice must specify a date, which date is not earlier than 60 days afterpublication 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 holdseparate 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 thepolitical subdivision to wliom a request for separate hearings shall be sent; and
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§:1!)5.0515 PLANNING ANO DEVELOPM1'NT Title 12 (5)lhe certified mail notice, if applicable, shall contain the information in Subsections
(b)(2H4).(c) In addition, the political subdivision shall comply with all of the other requirementsfor 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 1 thepolitical subdivision may not utilize this section. In such event, the political subdivisionmay proceed with the public hearing for which notice has been published, but suchhearing will address land use assumptions, and a second hearing as required by Sections 395.04&-395.051 will be necessary to address the capital improvements plan and impact fee. Added by AcLs 1989, 71st Leg,, ch. 566, § l(c), eff. Aug.,28, 1989.
Historical Note
1989 Legislation
Sections 2 to 4 of the 1989 Act provide: "Sec. 2, Ordinances, orders, or proceduresimplemenwd under Chapt,r 957, Acts of the 70th
Legislature, Regular Session, 1987 (Article
1269}--4.ll, Vernon's Texas Civil Statutes), prior to the effective daw of this Act shall not be held
invalid as a result of any inconsistency with any
provision of this Act.
0Sec. 3, Nothing in this Act shall affect the
validity of impact fees heretofore levied for
storm water, drainage, or flood control facilities
by a countywi�e district created an4 opera.ting
under the provisions of Article XVI, Section 59,
of the Texas Constitution in a county of 2,100,-
000 or more according to the last preceding
federal census, and all impact fees heretofore
levied or assessed by such a district are hereby
validated, rati[ied, and confirmed.
"Sec. 4. If any provision of this Act or its
application to any person or circumstances is
held invalid, the invalidity does not a(fect other
provisions or applications of this Act that can be
given effect without the invalid provision or ap
plication. and �-this end the provisions of this
Act are declar�d � be severable."
§395.052. Periodic Update of Land Use Assumptions and CaJ>ital I�pro;ements PlanRequired · · ·. · (a) A political subdivision imposing an impact fee shall update the land use assumptionsand capital improvements plan at least every three years. The initial three-year periodbegins on the day the capil,\I improvements plan is adopte<j,. .-, . (b) The political subdivision shall review and evaluate its current land use assumptions and shall cause an update of the capita! improvep1ents P\a1\ to.b,e prepared in acC9rdanc� with Subchapter B. · · . . . . . . ' . . . .· .. · ... ·, ' '.·.', ... ( .. ,,·•·:, .-., ,. •.•;., .... ,.·,,. .• ,. Added by Acts 1989, 7lst Leg.,' ch. 1, § 82(a), ,eff. Aug; 28,19&9; ;-:· __ ,'. -;:'. .. :·· :: , . .. :• '. ...... . . . •· • .. . • '. .. . • • . : ' ., ;;a� • ·•,·l.l .. •·; ., -� •• •••• . . .. ,·. • ·• ••··• ·Historical Note '. ," ... · Vernon's.Ann: Civ. St.art. 1269}-4,ll, '§ 6(a),
(b), Prior Lawe:-.. Cross Referenceit:.-•; Acts 1987, .70th Leg., ch .. 957, §§ 1 ·to 11 .. Updat, µnne<:elisary, soo § 395.0575 .
§395,053. Hearing on Updated Land Use Assumptions and Capital Improvements1 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.
Hletorical Note
Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 1 I.
Vernon's Ann. Civ. St. art. 1269}-4,ll, § 6{c).
§395.054, Hearing on Amendments to Land Use Assumptions, Capital ImprovementsPinn, or Impact Fee A public hearing must be held by the governing body of the political subdivision todiscuss the proposed ordinance, order, or resolution amendi�g land use �sumptions, the
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PLANNING AND lllWELOl'MENT Title 12 § 395.056 capita! improvements plan, or the impact fee. On or before the date of the firstpublication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact feeper service unit, shall be made available lo the public. Added by Acls 1989, 71st Leg., ch. I, § 82(a), cff, Aug. 28, 1989,
Jlistoricul Note
Prior LnwN: Acls 1987, 70th Leg., ch. 957, §§ I lo I I.
Vernon's Ann. Civ. St. art. 12G9j-4.ll, § 6(d).
§395,055. Notice of Hearing on Amendments to Land Use Assumptions, CapitalImprovements Plan, or Impact Fee (a) Before the 30th day before the date of the hearing on amendments to the land use assumptions, capital improvements plan, or 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 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 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 the 60th day before the· date set for the hearing, in one or more newspapers of 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 18-point or larger type. (c) •The notice must contain the following: ·(1) a .headline to. read as follows:. ' ... : . ,: .. ' . '
•'1NOTICE OF PUBLIC HEARING,ON AMENDMENT OF IMPACT FEES" ·; (2)''the"tinje,''daJ:e;· ari'd iocation of theheariri: ' ' :(:i) ; stai'irii��� .that the purpose �f the he.img is to consider the amendment of land .. �•e i\ssumpti.oii� l'_tjd a capital \njprov�ments plan)iiid tl)e. impositi.on .of an. impact fee; (4) · an easily understandable description and. map of the service area on which theupdate is being prepared; and . (6) a statement that any member of the public has. the right to appear at the hearingand prese.�t evidenc� ,fo� or against the update. Added by Acts 1989, �iiit.Leg;,.'ch. li § 82(a), eff.' Aug, 28,,1989. . Hl;i;,';:jjl Note Vernon's Ahn. Civ. St art, 1269j-4.ll, § 6(e).
Prior Lawe: 'Acts 1987; 70th Leg:, ch. 957; §§ 1 to 11.
§395.056. Ad.visory Committee Comments on Amendments· . The advisory committee created under Section 395,058 shall file its written commentson the proposed amendments to the land use assumptions, capital improvements plan, andimpact fee before the fifth business day before the date of the public hearing on theamendments, Added by Acts 1989, 71st Leg., ch, I, § 82(a), err. Aug. 28, 1989,
Historical Note Vernon's Ann. Civ. St. art. 1269j-4.ll, § 6(0,
Prior Laws: Acts 1987, 70th Leg., ch, 957, §§ I to I I.
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§3!)5.057 PLANNING ANIJ DEVELOPMENT Title 12
§ :l4J5.0fi7. AlJJ)roval of Amendments Hcquired
(a)The political subdivision, within 30 clays after the dale of the public hearing on theamendments, shall approve or disapprove lhe amendments of the land use assumptions and the capital improvements plan and modification of an impact fee.
(h)An ordinanct\ order, or resolution approving the amendments to the land useclssumplion.i,, the capital improvements plan, and imposition of an impact fee may not be adopted as an emergency measure.
Added by AcLs 1989, 71st Leg., ch. 1, § 82(a), cff. Au g. 28, 1989.
llh1torical Note
Prior Luws:
AcLs 1987, 70th Leg., ch. 957, §§ 1 to 11.
Vernon's Ann. Civ. St. art. 12G9j-4.ll, § 6(gl,
(h).
§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 bodydetermines 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 determining that an update is unnecessary and 60 days before publishing the final notice under this section, send notice of its determ ination 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 (b)(2)-{5).
(2)The political subdivision shall publish notice of its determination once a week forthree 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 st.ate 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 standardsize or tabloid-size newspaper, and the lieadline on the notice must be in 18-point or larger type. (b)The notice must contain the folldiving:
(1)a headline to read as follows:"NOTICE OF DETERMINATION NOT TO UPDATE LAND USE ASSUMPTIONS, 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 theupdating has been determined to be unnecessary;
(4)a statement that if, within a specified date, which date shall be at least 60 daysafter 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 395.052-395.057; and (5)a statement identifying the name and mailing address of the official of thepolitical subdivision to whom a request for an update should be senl
(c)The advisory committee shall file its written comments on the need for updating theland 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.
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PLANNING AND DEVl•:LOPMl•:NT 'fillc 12 §395.058
(d)If, by lhe dale specified in Subsection (h)(4), a person requests in writing that theland use assumptions 1 capital improvements plan, or impact fee be updated, the governing
body shall cause an update Qf the land use assumptions and capital improvements plan to
he prepared in accordance with Sections 395.052-3!lfi.057.
(c)An ordinance, order, or resolution determining the need for updating land useassumptions, a capital improvements plan, or an impact fee may not be adopted as an
emergency measure.
Added by Acls 1989, 71st Leg., ch. 5u6, § l(d), eff. Aug. 28, 1989.
llistoricnl Note
1989 Legislutlon Sections 2 to 4 of the 1989 Act provide: "Sec. 2. Ordinances, orders, or procedures implement,d under Chapl<r 957, Acts of the 70th Legislature, Regular Session, 1987 (Article 1269j-4.ll, Vernon's Texas Civil Statutes), prior to the eff�tive date of this Act shall not be held invalid as a result of any inconsistency with any provision of this AcL "Sec. 3. Nothing in this Act shall affect the validity of impact fees heretofore levied for storm water, drainage, or flood control facilities by a countywide district created and operating
§ 395.058, Advisory Committee
under the provisions of Article XVI, Section 59, of the Texas Constitution in a count\" or 2,100,· 000 or more according to the lasl preceding federal census, and all impact fees heretofore levied or assessed by such a district arc hereby validated, ratified, and confirmed.
"Sec. 4. If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable."
(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 beappointed 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 governmental 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 improvementsplan 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 useassumptions, capital improvements plan, and impact fee.
(d)The political subdivision shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan.
(e)The governing body of the political subdivision shall adopt procedural rules for theadvisory committee to follow in carrying out its duties.
Added by Acts 1989, 71st Leg., ch, I, § 82(a), eff. Aug. 28, 1989,
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§:lHfi.058
llistnricul Note
Prior Laws:
Acts UJ87, 70th Leg., ch. !lfi?, §§ l to 11.
PLANNING AND DEVl!LOPM�:NT Title 12
Vernon'!{ Ann, Civ, Sl. urt. l::!t;!.lj-•Ll I, § 7.
[Sections 395.059 to 395.070 reserved for expansion]
SUBCHAP1'ER D. OTHER PROVISIONS
§:J95.071. Duties to he Performed Within Time Limits
If the governing body of the political subdivision does not perform a duty imposedunder 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 GO 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. I, § 82(a), eff. Aug. 28, 1989.
Historical �ote
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
§395.072. Records of Hearings
Vernon's Ann. Civ. St. art. 1269j-4.ll, § 8(a).
A record must be made of any public hearing provided for by this chapter. The recordshall 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, 71st Leg.,ch. I, § 82(a), eff. Aug. 28, 1989.
Historical Note ·Vernon's Ann, Civ. St. art. 1269f--4.ll, § 8(b).
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ 1 to II.
§395.073. Cumulative Effect of State and Local Restrictions
Any state or local restrictions that apply to the impo�ition of an impact fee in a politicalsubdivision where an impact fee is proposed are cumulative with the restrictions in this chapter.
Added by Acts 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
. Vernon's Ann. Civ. St. art. 1269j-4.ll, § 8(c).
§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 madeunder 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 attorney's fees and court costs.
Added by Acts 1989, 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989.
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PLANNING AND DEVELOPMENT'l'itle 12 § 395.078
llistorical Note
Pr-ior Lnws:
Vernon's Ann. Civ. St. art. 1269j-4, ll, § 8(<l).
Acts 1987, 70th Leg., ch. 957, §§ I to l l.
§ 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 AcLs 1989, 71st Leg., ch. l, § 82(a), eff. Aug. 28, 1989.
llistoricul Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ l to 11.
Vernon's Ann. Civ. St. art. 1269j-4.ll, § 8(c).
§ 395.076. Moratorium on Development Prohibited
A moratorium may not be placed on new development for the purpose of awaiting thecompletion of all or any part of the process necessary to develop, adopt, or update the
impact fee.
Added by Acts 1989. 71st Leg., ch. I, § 82(a), eff. Aug. 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ I to II,
§395.077. Appeals
Vernon's Ann.Civ.St. art. 1269j-4.ll, § 8(1).
(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 subdiv�ion is located. A successful litigant shall be entitled to recover reason'
able attorney's fees and court costs.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug, 28, 1989.
Historical Note
Prior Laws:
Acts 1987, 70th Leg., ch. 957, §§ 1 to II.
Vernon's Ann.Civ.Sl arL 1269j-4.!l, § 9,
§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
Prior Lawe:
Acts 1987, 70th Leg., ch. 957, §§ I to II.
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Vernon's Ann,Civ.St. art. 1269j-4.ll, § 9,
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§:J95.079 PLANNING AND OlsV!cLOPMENT Title:! 12
§ :rnG.07H. Inqntct Fee for Storm WatH, Drainage, and l1'lood Co ntrol in Por,ulousCounty
(a)Any county that has a population of 2.2 million or more or that borders a countywith a populalion of 2.2 million or more, and any district or authority created under 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 improvement.<; necessary to accommodate new development.
(b)The imposition of impact fees authorized by Subsection (a) is exempt from therequirements 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 authori,.ed to pledge orotherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes1 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 bereduced if:
(1)the political subdivision has pledged or otherwise contractually obligated all orpart 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 impactfees 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
Prior Laws:
Acts 1987, 70th Leg., ch, 957, §§ 1 to II.
Vernon's Ann.Civ.St. art. 12G9j-4.ll, § 10.
§395,080, Chapter Not Applicable to Certain Water-Related Special Districts
(a)This chapter does not apply to impact fees, charges, fees, assessments, or contributions:
(1)paid by or charged to a district created under Article XVI, Section 59, of theTexas Constitution to another district created under that constitutional provision if both districts are required by··law to obtain approval of their bonds by the Texas Water Commission; or
(2)ch arged by an entity if the impact fees, charges, fees, assessments, or contributions are approved by the Texas Water Commission.
(b) Any district creai;,d under Article XVI, Section '59, or Article Ill, 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. I, § 82(a), eff. Aug. 28, 1989,
Historical Note
Prior Lawe:
Acts 1987, 70th Leg., ch. 957, §§ 1 to II.
Vernon's Ann.Civ.St. art. 1269j-4,II, § II,
[Chapters 396 to 400 reserved for expansion]
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