Page 1 of 8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS ( CITY ) AMENDING CHAPTER 13.32 OF THE CODE OF ORDINANCES RELATING TO WATER AND WASTEWATER IMPACT FEES TO ADD CERTAIN DEFINITIONS; TO AMEND THE LAND USE ASSUMPTIONS; AMEND THE IMPACT FEE CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER FACILITIES; AMEND THE WATER AND WASTEWATER IMPACT FEE SERVICE AREAS; AMEND THE WATER AND WASTEWATER IMPACT FEE AMOUNT; AMEND PROVISIONS RELATING TO TIME OF IMPACT FEE COLLECTION; AMEND THE ASSESSED WATER AND WASTEWATER FEE HISTORY; INCLUDING A SEVERABILITY CLAUSE; INCLUDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code, Chapter 395 requires a city to update the land use assumptions and capital improvements plan for impact fee purposes at least every 5 years; and WHEREAS, the City last updated its Impact Fees in 2010; and WHEREAS, the City has heretofore levied and collected an impact fee in accordance with the procedures and requirements of Chapter 395, Texas Local Government Code; WHEREAS, in accordance with Section 395.052, the City caused qualified professionals (professional engineers licensed to perform engineering services in the State of Texas) to update the land use assumptions, capital improvements plan, and calculate new impact fees all in accordance with Chapter 395 of the Texas Local Government Code and to prepare a report entitled 2015 Update of Water and Wastewater Impact Fees which contains updated land use assumptions, capital improvements plan information, and new impact fee calculations for the City. WHEREAS, the 2015 Update of Water and Wastewater Impact Fees report also contains updated land use assumptions, capital improvements plan information, and new impact fee calculations for Chisholm Trail Special Utility District s ( District s ) water service area (being the land within the boundaries of Certificate of Convenience and Necessity (CCN) #11590), because, pursuant to Asset Transfer and
Utility System Consolidation Agreement and the Service Area Operations and Management Agreement between the City and the District, the City will own and operate the District s water supply and distribution assets and provide retail after service to the District s CCN area after all regulatory approvals are secured. WHEREAS, in accordance with Section 395.056 of the Local Government Code, the City appointed an impact fee advisory committee, and the committee reviewed the engineering report and recommended adoption of the new land use assumptions, capital improvements plan as set forth in the final report, and recommended adoption of a new impact fees at the maximum amount calculated in the final report. WHEREAS, in accordance with Section 395.055 of the Local Government Code, notice of a public hearing on the proposed amendments to the land use assumptions, capital improvements plan and impact fee amount was timely published in the Williamson County Sun on Wednesday, July 8 th, 2015. The draft and final engineering reports were also was made available to the public on the City s website for review in June and August 2015, respectively. WHEREAS, a public hearing to discuss the proposed amendments to the land use assumptions, capital improvements plan, and impact fees was held by the City on August 11, 2015. WHEREAS, after consideration of engineering report, public testimony and other data presented to the City, the City Council desires to amend the land use assumptions and impact fee capital improvements plan, and to amend the City's impact fee. Now, Therefore, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS, THAT: Section 1 The matters and facts recited in the preamble of this ordinance are found to be true and correct and are incorporated as a part of this ordinance. Section 2. The Council hereby adopts the updated land use assumptions and capital improvements plan as presented in the final engineering report dated August 11, 2015 prepared by the City of Georgetown, HDR, and CDM. Page 2 of 8
Section 3. Section 13.32.010.E of the City Code of Ordinances relating to definitions is amended to add the following, with no other changes to the remaining provisions of the section: COG Western District CCN means the area contained within Certificate of Convenience and Necessity #11590 in Bell, Burnet, and Williamson Counties, Texas, as said area may change from time to time in accordance with applicable laws and agreements. Section 4. Section 13.32.020.A of the City Code of Ordinances relating to land use assumptions is hereby amended and revised to provide as follows: Section 13.32.020 A. The land use assumptions shown in Section 3 of the report entitled "2015 Update of the Water and Wastewater Impact Fees," which is on record in the office of the City Secretary, are hereby adopted and incorporated into this chapter by reference as if set forth in full. Section 5. Section 13.32.040.A of the City Code of Ordinances relating to the capital improvements plan is hereby amended and revised to provide as follows: Section 13.32.040 A. The impact fee capital improvements plan for water and wastewater facilities contained within the report entitled 2015 Update of Water and Wastewater Impact Fees, which is on record in the office of the City Secretary, is hereby adopted and incorporated in this chapter by reference as if set forth in full. Section 6. Section 13.32.080.I of the City Code of Ordinances relating to computation of impact fees is hereby amended and revised to provide as follows: Section 13.32.080 I. On or after October 1, 2015, the water impact fee for 5/8-inch meters installed for small residential units (i.e. residential units less than one thousand two hundred (1,200) square feet of air conditioned/heated space where no automatic landscape irrigation system will be installed) shall be assessed at 67% of the assessed impact fee. Page 3 of 8
Section 7. Section 13.32.090A and B of the City Code of Ordinances relating to collection of impact fees are hereby amended and revised to provide as follows: Sec. 13.32.090. - Collection of impact fees. A. Impact Fees shall be collected: 1. For land located inside the corporate boundaries of the City but not within the boundaries of a municipal utility district or other special district and, at the time the City issues a building permit; or 2. For land located outside the corporate boundaries of the City but not within the boundaries of a municipal utility district or other special district, at the time an application for a utility connection to the City's water or wastewater system is filed; or 3. For land located inside or outside the corporate boundaries of the City and within the boundaries of a municipal utility district or other special district, at the time of recordation of the subdivision plat containing the connection; or 3. For land located inside or outside the corporate boundaries of the City but not within the boundaries of a municipal utility district or other special district, and if no building permits are issued, at the time an application is filed for a utility connection to the City's water or wastewater system. B. Except as otherwise provided by contracts with wholesale customers or other political subdivisions, no building permit shall be issued until all impact fees have been paid to the City. No final plats shall be recorded for land within a municipal utility district or other special district until all impact fees have been paid to the City. C. For a development which has received an approved development plan prior to the effective date of the ordinance codified in this chapter and for which no reapproval is necessary prior to the purchase of a water or wastewater tap, impact fees shall be collected at the time of the utility connect permit application. Section 8. Exhibit A of Chapter 13.32 relating to the Water and Wastewater Impact Fee Service Area Map is hereby amended to provide as follows: Page 4 of 8
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Section 9. Exhibit B of Chapter 13.32 relating to Water and Wastewater Impact Fee per Service Unit is hereby amended to provide as follows: Item Impact Fee per Service Unit Water (all areas) Supply $207.00 Treatment $2,848.00 Pumping $803.00 Ground Storage $178.00 Elevated Storage $201.00 Transmission $2,798.00 Impact Fee Study $4.00 TOTAL $7,039.00 Wastewater (areas outside the South Fork Area, including those areas inside the Western District CCN Area, but outside South Fork Area) Treatment $1,139.00 Pumping $1,030.00 Interceptors $824.00 Impact Fee Study $4.00 TOTAL $2,997.00 Wastewater (areas inside the South Fork Area, including those areas inside the Western District CCN Area, and inside South Fork Area) Treatment $1,139.00 Pumping $1,030.00 Interceptors $2,279.00 Impact Fee Study $4.00 TOTAL $4,452.00 Combined Water and Wastewater Outside of South Fork Service Area $10,036.00 South Fork Service Area $11,491.00 Page 6 of 8
Each of the foregoing fees are per standard service unit. The impact fees for service units greater than the standard 3/4-inch meter shall be calculated as set forth in Section 13.32.050 of the City Code of Ordinances. Section 10. Exhibit C of Chapter 13.32 of the City Code of Ordinances relating to Assessed Water and Wastewater Impact Fee History (per service unit) is hereby amended to provide as follows: Development Approval Date Type Water Wastewater South Fork Service Area $1,325 $1,098 N/A Before October 1, 2003 Nonresidential Before October 1, 2003 Residential $825 $600 N/A After October 1, 2003 and All $2,295 $1,869 N/A before October 11, 2005 After October 11, 2005 All $3,324 $1,881 $3,114 and before November 5, 2010 After November 5, 2010 and before October 1, 2015 All $3,511 $1,694 $2,927 Section 11. That all ordinances in conflict with the provisions of this ordinance be repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 12. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application thereof of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 13. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective October 1, 2015. Page 7 of 8
PASSED AND APPROVED on First Reading on the 11 th day of August 2015. PASSED AND APPROVED on Second Reading on the 25 th day of August 2015. ATTEST: Dale Ross, Mayor City Secretary (SEAL) APPROVED AS TO FORM: City Attorney Page 8 of 8