1990R03- CAPITAL IMPROVEMENTS PLANkESOLUTIO:d No. -A -3____
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING FOR AN INITIAL PUBLIC HEARING
ON LAND USE ASSUMPTIONS TO BE USED TO DEVELOP
A CAPITAL IMPROVEMENTS PLAN PURSUANT TO WHICH
WATER AND WASTEWATER IMPACT FEES MAY BE
IMPOSED AND A SUBSEQUENT PUBLIC HEARING ON
THE CAPITAL IMPROVEMENTS PLAN AND IMPACT
FEES.
WHEREAS, the City Council of the City of Schertz ])as
appointed an Advisory Committee, as per the provisions of Chapter
395 of the Texas Local Government Code, to guide the development
of land use, capital improvements plan and impact fee information
for the existing and future water and wastewater municipal
utilities and this advisory information will be used by the City
of Schertz in their evaluation and consideration of impact _fee
ordinances, and
WHEREAS, the Advisory Committee has met and conducted
discussions and studies concerning various punning and lane use
assumptions of the City's conceptual water and wastewater service
areas, and
WHEREAS, the Advisory Committee has requested the City
Council of the City of Schertz to publicly notice, conduct an
initial Public Hearing and receive Dubiic comment on the land use
and planning assumptions that would be used in the subsequent fee
.studies, and
WHEREAS, the Advisory Committee has also requested the
City Council of the City of Schertz to schedule, publicly notice
and conduct a subsequent Public Hearing and receive public
comment on the Capital Improvements Plan and Impact Fees at a
date subsequent to the first Public Hearing, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS:
THAT the c-overning body of the City of Schertz hereby
adopts a resolution calling for Public Hearings on SIB 336 land
use assumptions, and the Capital Improvements Plan and Impact
Fees to be held on March 14, 1990 and May 1, 1990, respectively
at the scheduled meeting of the City Council , that adequate
public notice of each such hearing be made for three consecutive
weeks in a general circulation local newspaper, the first such
notice appearing at least thirty (30) days in advar:ee of the
proposed Hearing date, and that the City of Schertz make publicly
available on or before the date of the first publication of the
notice various information concerning the Public Hearing issues.
PASSED, APPROVED AND ADOPTED this the_3_-I- -_day of
19 130
ATTEST:
aly, City of Schert2
SEAL OF CITY)
January 24, 1990
TO: CITY COUNCIL
FROM: PLANNING AND ZONING COMMISSION
SUBJECT: PROPOSED COUNCIL RESOLUTION AND FIRST AND SECOND PUBLIC
HEARINGS
The SB336 Advisory Committee, on the advice of Rimrock Consulting
and in order to maintain the schedule for development of a
Capital Improvements Program, recommends a resolution be passed
calling for a first and a second public hearing, the first to
occur in March and the second in May.
The first public hearing will be held for citizen input on land
use and planning assumptions used to develop a Capital
Improvements Plan. The second public hearing will be held for
citizen input on the Capital Improvements Plan and the Impact
Fees.
Ty Brisgill, Chairman
Planning and Zoning Commission
NOTICE OF PUBLIC BEARING ON LAND USE ASSUMPTIONS
RELATING TO POSSIBLE ADOPTION OF IMPACT -FEES
A public hearing of the City of Schertz, Texas will be held on _ 19_ at :_ PM in City
Council Chambers at City Hall, 1400 Schertz Parkway in Schertz to consider the land use
assumptions that will be used to develop a capital improvements program pursuant to which
impact (capital recovery) fees maybe imposed for new or expanded water and /or wastewater
service extensions or connections to the municipal utilities system.
This overall program is an effort to bring existing fee programs of the Schertz Utilities into
compliance with recently enacted state law. The conceptual future service area of the City of
Schertz Utilities shown in the map below is the study area to which the generalized land use
assumptions would apply.
Copies of the land use assumptions, the time period of the projections, and a description of
the general nature of the capital improvements which may be proposed can be obtained the
offices of the City of Schertz, 1400 Schertz Parkway, Schertz, Texas. Any member of the public
has the right to appear at the hearing within which to present evidence for or against such land
use assumptions.
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1101 Capital of Texas Hwy S., Suite E -205
Austin, Texas 78746
(512) 328 -9087
January 24, 1990
Mr. Kerry Sweatt
City Manager
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Ty (��Q
Re : Transmittal of Proposed Council Resolution, Hearing Notice Requirements, Hearing
Notice and Information Packet
Dear Kerry :
As Steve has probably told you, the SB336 Advisory Committee at their December 12th
meeting voted to request the City Council, pending resolution of some land use questions, to
call for the Public Hearing on the land use assumptions that would underlie the fees, to set
a date for the Hearing at a regularly scheduled Council session and to proceed with placing
the required Public Notice in the local general circulation newspaper at least 30 days prior to
the hearing date. The outstanding land use questions were addressed at the Committee
meeting on January 23, 1989, and the Committee recommends that the City proceed with the
Public hearing process.
In the interest of saving time, the Committee also recommends that the Council go
ahead and set dates for both the first and second Public Hearings, the first to occur in March
and the second in May.
Please find attached :
(1). a proposed Council resolution calling for both Hearings,
(2). a copy of the particular noticing requirements that will be supplied to the
paper,
(3). a copy of the text of the proposed Public Notice for the first Hearing, and
(4). a copy of the information packet that will be available to the public at City
Hall prior to the first Hearing.
planning economics /finance environmental
regulatory management policy analysis
Rimrock Consulting Company Page 2
We have reviewed the land use information with the Committee, Steve and Ed Ford and
have gotten their concurrence as to the reasonableness of the information. The proposed
Public Hearing is merely to seek pubfic input on some of the land use assumptions and data
that would underlie the fees, not to review the CIP, fee amounts or take action on passage of
the fees. We will, however, need Council action within 30 days of the Hearing date to either
approve or disapprove the land use assumptions, so that the Committee can proceed to semi -
finalize their work on the CIP, fee amounts and be ready for the 2nd Public Hearing on these
subsequent issues.
If you will place an item on the Council's next agenda to call for the Hearing on the land
use assumptions and set a Hearing date at least thirty (30) days after the date of the first
Public Notice, the City can then proceed to get the Public Notice placed in the newspaper.
Ed Ford is providing a revised service area map which will need to be included in both the
newspaper notices and the public information packet (attached).
There is a further legislative requirement that "any person who has given written notice
by certified mail or registered mail to the city secretary or other designated official of the
political subdivision requesting notice of such hearing within two years preceding the date of
adoption of the resolution or order setting the public hearing" be sent notice of the Public
Hearing by certified mail. Do you have any of these types of people that need to be notified
in this manner?
Should you have any questions, please call ASAP. Thank you.
Sincerely,
Tony Bagwell
Principal
jb:attach
cc: Steve Simonson (COS)
Johm Bierschwale (COS)
Ty Brisgill (Advisory Cmt.)
Ed Ford (FEI)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ
CALLING FOR AN INITIAL PUBLIC HEARING ON LAND USE ASSUMPTIONS
TO BE USED TO DEVELOP XCAPITAL IMPROVEMENTS PLAN
PURSUANT TO WHICH WATER AND WASTEWATER IMPACT FEES MAY BE IMPOSED
AND A SUBSEQUENT PUBLIC HEARING
ON THE CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES
Whereas, the governing body of the City of Schertz has appointed an Advisory
Committee, as per the provisions of Chapter 395 of the Texas Local Government Code, to
guide the development of land use, capital improvements plan and impact fee information for
the existing and future water and wastewater municipal utilities and this advisory information
will be used by Schertz in their evaluation and consideration of impact fee ordinances,
Whereas, the Advisory Committee has met and conducted discussions and studies
concerning various planning and land use assumptions of the City's conceptual water and
wastewater service areas, and
Whereas, the Advisory Committee has requested the City Council of Schertz to publically
notice, conduct a initial Public Hearing and receive public comment on the land use and
planning assumptions that would be used in the subsequent fee studies,
Whereas, the Advisory Committee has also requested the City Council of Schertz to
schedule, publically notice and conduct a subsequent Public Hearing and receive public
comment on the Capital Improvements Plan and Impact Fees at a date subsequent to the first
Public Hearing,
Be it resolved, the governing body of the City of Schertz hereby adopts a resolution
calling for a Public Hearings on SB336 land use assumptions, and the Capital Improvements
Plan and Impact Fees to be held on March _, 1990 and May _, 1990, respectively at the
regularly scheduled meeting of the City of Schertz, that adequate public notice of each such
hearing be made for three consecutive weeks in a general circulation local newspaper, the first
such notice appearing at least thirty (30) days in advance of the proposed Hearing date, and
that the City of Schertz made publically available on or before the date of the first publication
of the notice various information concerning the Public Hearing issues.
PASSED AND APPROVED:
APPROVED:
Michael Spain
City Attorney
§
1990 §
Earl W. Sawyer
Mayor
ATTEST:
June Krause
City Secretary
PUBLIC NOTICE REQUIREMENTS
The. City shall publish Notice of the hearing once a week for three consecutive weeks,
appearing on and 19_ in one or more newspapers with general
circulation in the county in which the political subdivision lies.
The notice shall not be in the part of the paper in which legal notices and classified ads
appear and shall 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 -12oint or larger type.
NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS
RELATING TO POSSIBLE ADOPTION OF IMPACT -FEES
A public hearing of the City of Schertz, Texas will be held on _ , 19_ at _:_ PM in City
Council Chambers at City Hall, 1400 Schertz Parkway in Schertz to consider the land use
assumptions that will be used to develop a capital improvements program pursuant to which
impact (capital recovery) fees may be imposed for new or expanded water and /or wastewater
service extensions or connections to the municipal utilities system.
This overall program is an effort to bring existing fee programs of the Schertz Utilities into
compliance with recently enacted state law. The conceptual future service area of the City of
Schertz Utilities shown in the map below is the study area to which the generalized land use
assumptions would apply.
Copies of the land use assumptions, the time period of the projections, and a description of
the general nature of the capital improvements which may be proposed can be obtained the
offices of the City of Schertz, 1400 Schertz Parkway, Schertz, Texas. Any member of the public
has the right to appear at the hearing within which to present evidence for or against such land
use assumptions.
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DEVELOPMENT OF "LAND USE ASSUMPTIONS"
FOR THE PURPOSE OF BRINGING EXISTING WATER AND WASTEWATER
IMPACT FEES FOR THE CITY OF SCHERTZ UTILITIES
INTO COMPLIANCE WITH SENATE BILL 336, 70th TEXAS LEGISLATURE
The City of Schertz Utilities currently charges capital recovery fees to new water and
wastewater customers and to existing customers which require expanded service. Under
current State Law, these fees are classified as "impact fees" and as such are subject to the
requirements of Senate Bill 336 (SB336) of the 70th Texas Legislature. Under SB336, the City
of Schertz must come into compliance with certain technical and procedural requirements to
continue to assess these fees. —
A part of those requirements is that the City of Schertz establish "land use assumptions"
to be used in the development of these fees. The City Council has appointed an Advisory
Committee, consistent with the requirements of SB336, to advise the City government and
community on the use of these assumptions and the subsequent Capital Improvements
Program and fee program. The Advisory Committee has recommended adoption of the
attached land use assumptions.
Service Area - The attached maps show a conceptual service area which will be used
as the basis for utility planning and fee development. The service area maps do not represent
a commitment of the City of Schertz to either serve or not serve a specific location, but rather
represent the planning basis for developing a water and wastewater Capital Improvements
Program, utility costs and fees per unit of utility service. The service area maps do not
necessarily represent locations in which fees will or will not be assessed. Rather, fees may be
assessed to new or expanded water and wastewater customers within the Schertz city limits,
to similar customers within its extraterritorial jurisdiction (ETJ), and to other new or expanded
customers which may have a service contract with the City. Fees will not be assessed to
existing customers of the Utilities (who do not require significantly expanded service nor to
landowners or residents who are not utility customers of the City.
"Land Use" (Growth) Assumptions - SB336 requires that the City project changes in
land uses, densities, intensities and population within the conceptual service area within the
next ten years and at full buildout. Although full buildout projections are required to meet the
requirements of SB336, impact fees will be based only on growth projections for the next ten
years (1989- 1999).
Current populations of both the water and wastewater conceptual service areas are
based upon 1989 -1999 water consumption and wastewater flows, respectively, and historical
patterns of utility service per capita. — Population growth during the next ten years is projected
at a 2.5 %annual growth rate, based on historical information, consultation with City Staff and
consulting engineers, and recommendation of the Advisory Committee. Land use distributions
are based on data in the City's adopted Zoning Plan of the City of Schertz. Texas, adapted for
the conceptual service areas of the two utilities. Full buildout population and land use
assumptions are also based on data and standards underlying the Zoning Plan. Land use
assumptions and intensities /densities have been reviewed by City Staff and its consultants and
recommended by the Advisory Committee.
These assumptions will be used in the development of a Capital Improvements Program
(CIP), upon which impact fees will be based. It is the intent of the Advisory Committee to
examine the total array of capital facilities required to provide water and wastewater service to
city utility customers for possible inclusion in the impact fees, encompassing service provided
by both the City of Schertz and other pertinant wholesale service providers. The types of
facilities which may be included in the CIP and for which fees may be charged include the
following:
Water Utility
Water Supply
Water Treatment
Water Storage
Water Pumping
Water Transmission
Wastewater Utility
Wastewater Treatment
Wastewater Pumping (Lift Stations)
Force Mains
Wastewater Collection
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