90-F-15 Amendment
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ORDINANCE NO.
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9tJ-,r-/2J
AN ORDINANCE OF THE CITY OF SCHERTZ, PROVIDING
THAT THE CITY CODE BE AMENDED BY REVISING
ARTICLE V OF CHAPTER 19, WATER AND WASTEWATER
CAPITAL RECOVERY FEES, AND PROVIDING A
REPEALING CLAUSE.
WHEREAS, the City of Schertz ("The City") is responsible
for and committed to the provision of adequate public facilities
and services (including water and sewer service); and
WHEREAS, such facil i ties and service level s shall be
provided by the City utilizing funds allocated in the capital
budget and capital improvements programming processes and relying
upon the funding sources indicated therein; and
WHEREAS, new residential and nonresidential development
causes and imposes increased demands upon City public facilities
and services, including water and sewer facilities, that would
not otherwise occur; and
WHEREAS, planning and zonlng projections indicate that
new development will continue and will place ever-increasing
demands on the City to provide necessary public facilities; and
WHEREAS, to the extent that such new development places
demands upon the public facilities infrastructure, those demands
should be satisfied by the developments actually creating these
increased demands; and
WHEREAS, the amount of the Capital Recovery Fee to be
imposed on new development shall be determined by the cost of the
additional public facilities needed to support such development,
which public facilities shall be identified in a capital
improvements program, and
WHEREAS, the City Council, after careful consideration
of the matter, hereby finds and declares that Capital Recovery
Fees imposed upon residential and nonresidential development to
finance specified major public facilities in designated service
areas, the demand for which is created by such development, is in
the best interests of the general welfare of the City and its
residents, is equitable, and does not impose an unfair burden on
such development;
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WHEREAS, the Texas Legislature has adopted Chapter 395
of the Local Government Code as amended (the "Act"); and
WHEREAS, the city Council finds that in all things the
City has complied with the Act in the notice, adoption,
promulgation and methodology necessary to adopt Capital Recovery
Fees;
NOW THEREFORE, be it ordained by the City Council of the
Ci ty of Schertz that the Code of Ordinances of the City of
Schertz be amended by revising Article V, Section 19:
I
"WATER AND WASTEWATER CAPITAL RECOVER~ FEES
ARTICLE V
GENERAL PROVISIONS
Section 19-83.01 Short Title
This Chapter shall be known and cited as the Water and Wastewater
Capital Recovery Fees Chapter.
Section 19-83.02 Intent
This Chapter is intended to lmpose water and wastewater capital
recovery fees, as established in this Chapter, in order to
finance public facilities, the demand for which is generated by
new development in the designated serVlce area.
Section 19-83.03 Authority
The City is authorized to enact this Chapter by its Charter and
Chapter 395, as amended, the Local Government Code, (Senate Bill
336 enacted by the 70th Texas Legislature) and its successors,
which authorize home rule cities, among others, to enact or
impose impact fees (Capital Recovery Fees) on land wi thin
their corporate boundaries or extraterritorial jurisdictions,
and on persons with whom they have a water or sewer service
contract, as charges or assessments imposed against new
development in order to generate revenue for funding or recouping
the costs of capital improvements or facility expansions
necessi tated by and attributable to such new development. The
provisions of this Chapter shall not be construed to limit the
power of the City to adopt this Chapter pursuant to any other
source of local authority, nor to utilize any other methods or
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powers otherwise available for accomplishing the purposes set
forth herein, either in substitution of or in conjunction with
this Chapter. Guidelines may be developed by resolution or
otherwise to implement and administer this Chapter.
Section 19-83.04 Definitions
As applied in this Chapter, the following words and terms shall
be used:
(1) Assessment The determination of the amount of the
maXlmum Capital Recovery Fee per Service Unit which can be
imposed on new development pursuant to this Chapter.
(2) Building Permit - Written permission issued by the
City for the construction, repair, alteration or addition to
a structure.
(3) Capital Construction Cost of Service Costs of
constructing. capital improvements or facility expansions,
incl uding and limited to the construction contract prlce,
surveying and engineering fees, land acquisition costs
(including land purchases, court awards and costs,
attorney's fees, and expert witness fees) and the fees
actually paid or contracted to be paid to an independent
qualified engineer or financial consultant preparing or
updating the Capital Improvements Program who is not an
employee of the City.
(4) Capital Improvements Advisory Committee (Advisory
Committee) - Advisory committee, consisting of the Planning
and Zoning Commission, including one regular or ad hoc
member who is not an employee of the City and is a
representative of the real estate, development, or building
industries, and including one member representing the
extraterritorial jurisdiction of the City if fees are to be
assessed in the extraterritorial jurisdiction; which
committee is appointed to regularly review and update the
Capi tal Improvements Program in accordance with the
requirements of the Act.
(5) Capital Improvements Program (CIP) Plan which
identifies water and wastewater capital improvements or
facility expansions pursuant to which Capital Recovery Fees
may be assessed.
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(6) Capital Recovery Fee Fee to be imposed upon new
developments, calculated based upon the costs of facilities
related to the development that creates the need for such
facilities. Capital Recovery Fees do not include dedication
of rights-of-way or easements, or construction or dedication
of site-related water distribution or wastewater collection
facilities required by other ordinances of the City Code; or
Fees placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or sewer
mains or lines.
(7) City - City of Schertz.
(8) City Council (Council)
of Schertz.
Governing body of the City
(9) Commercial Development
Chapter, all development which
industrial.
For the purposes of this
lS neither residential nor
(10) Comprehensive Plan (Master Plan) - The comprehensive
long-range plan, adopted by the City Council, which is
intended to guide the growth and development of the City
which includes analysis, recommendations and proposals for
the City regarding such topics. as population, economy,
housing, transportation, community facilities and land use.
(11) Duplex A structure on a
accommodate two dwelling units,
City's zoning regulations.
single lot designed
as authorized under
to
the
(12) Existing Development - All property within the serVlce
area which has a water or wastewater connection.
(13) Facility Expansion - The expansion of the capacity of
an existing facility which serves the same function as an
otherwise necessary new capital improvement in order that
the existing facility may serve new development. Facility
expansion does not inc 1 ude the repair, maintenance,
modernization, or expansion of an existing facility to
better serve existing development.
(14) Final Subdivision Plat - The map, drawing or chart on
which is provided a subdivider's plan of a subdivision which
has received final approval by the Planning and Zoning
Commission or City Council and is recorded with the office
of the County Clerk of the County in which subdivision is
located.
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(15) Fourplex A structure on
accommodate four dwell ing units,
City's zoning regulations.
a single lot designed to
as authorized under the
(16) Growth-Related Costs - Capital Construction Costs of
Service related to providing additional Service Units to new
development, either from excess capacity in existing
facilities, from facility expansions or from new capital
facilities. Growth-related costs do not include:
(a) Construction, acquisition, or expansion of public
facilities or assets other than capital improvements
or facility expansions identified in the Capital
Improvements Program;
(b) Repair, operation, or maintenance of existing or
new capital improvements or facility expansions;
(c) Upgrading, updating, expanding, or replacing
existing capital improvements to serve existing
development in order to meet stricter safety,
efficiency, environmental, or regulatory standards;
(d) Upgrading, updating, expanding, or replacing
existing capital improvements to provide better
service to existing development;
(e) Administrative and operating costs of the City;
and
(f) Principal payments and interest or other finance
charges on bonds or other indebtedness, except for
such payments for growth-related facilities contained
in the Capital Improvements Program.
(17) Industrial Development Development which will be
assigned to the industrial customer class of the water or
wastewaster utilities; generally development in which goods
are manufactured, or development which is ancillary to such
manufacturing activity..
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(18) Land Use Assumptions - Service area, and projections
of changes in land uses, densities, intensities, and
population therein over at least a 10-year period, adopted
by the City, as may be amended from time to time, upon which
the Capital Improvement Program is based.
(19) Living Unit Equivalent (LUE) - Basis for establishing
equivalency among and within various customer classes based
upon the relationship of the continuous duty maximum flow
rate in gallons per minute for a water meter of a given size
and type compared to the continuous duty maximum flow rate
in gallons per minute for a 5/8" diameter simple water
meter, using American water Works Association C700-c703
standards. LUE's for water meters are as follows:
METER SIZE AND TYPE
5/8"
3/4"
1"
1 1/2"
2"
2"
2"
3"
3"
4"
4"
6"
6"
8"
8"
10"
10"
12"
Simple
Simple
Simple
Simple
Simple
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Compound
Turbine
Turbine
LUE'S
1.0
1.5
2.5
5.0
8.0
8.0
10.0
16.0
24.0
25.0
42.0
50.0
92.0
80.0
160.0
115.0
250.0
330.0
(20) New Development subdivision of land; or the
construction, reconstruction, redevelopment, conversion,
structural alteration, relocation, or enlargement of any
structure; or any use or extension of the use of the land;
any of which increases the number of Service Units for water
or wastewater service and requires the purchase of a new
water or wastewater tap. New development includes the sale
of water or wastewater taps resulting from the conversion of
an individual well, or septic or other individual waste
disposal system, to the City's water or wastewater utility.
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(21) Offset The amount of the reduction of a Capital
Recovery Fee designed to fairly reflect the value of system-
related facilities, pursuant to rules herein established or
administrative guidelines, provided and funded by a
developer pursuant to the City's subdivision regulations or
requirements.
(22) Residential Development - A lot developed for use and
occupancy as a single-family residence, a duplex, a triplex
or a fourplex.
(23) Service Area - Area within the corporate boundaries
and within the extraterritorial jurisdiction of the City as
defined by the Municipal Annexation Act Chapter 43, as
amended, Local Government Code, to be served by the water
and wastewater capital improvements or facilities,
expansions specified in the Capital Improvements Program
applicable to the service area.
(24) Service Unit - 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,
expressed in Living Units Equivalent.
(25) Single-Family Residence - Single-family dwelling unit,
as authorized under the City's zoning regulations.
(26) Site-related Facility - Improvement or facility which
is for the primary use or benefit of a new development
andlor which is for the primary purpose of safe and adequate
provision of water or wastewater facilities to serve the new
development, and which is not included in the Capital
Improvements Program, and for which the developer or
property owner is solely responsible under subdivision and
other applicable regulations.
(27) Superintendent - Superintendent of the City Water and
Wastewater Utilities.
(28) System-related Facility A capital improvement or
facility expansion which lS designated in the Capital
Improvements Plan and which is not a site-related facility.
A system-related facility may include a capital improvement
which is located offsite, within or on the perimeter of the
development site.
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(29) Tap Purchase - The filing with the City of a written
application for a water or wastewater tap and the acceptance
of appl icable Fees by the City. The term "tap purchase"
shall not be appl icable to a master water meter or master
wastewater connection purchased from the city by a wholesale
customer such as a water district, political subdivision of
the State of Texas, or other wholesale utility customer; nor
shall it be applicable to a meter purchased for and
exclusively dedicated to fire protection.
(30) Triplex A structure on a
accommodate three dwelling units,
City's zoning regulations.
single lot designed
as authorized under
to
the
(31) Wastewater Facility Improvement for providing
wastewater service, including but not limited to, land
easements, treatment facilities, lift stations, or
interceptor mains. Wastewater facility excludes wastewater
1 ines or mains which are constructed by developers, the
costs of which are reimbursed from charges paid by
subsequent users of the facilities and which are maintained
in dedicated trusts. Wastewater facilities also exclude
dedication of rights-of-way or easements or construction or
dedication of on-site wastewater collection facilities
required by valid ordinances of the City and necessitated by
and attributable to the new development.
(32) Wastewater Facility Expansion Expansion of the
capacity of any existing wastewater improvement for the
purpose of serving new development, not including the
repalr, maintenance, modernization or expansion of an
existing wastewater facility to serve existing development.
(33) Wastewater Improvements Plan - Portion of the CIP, as
may be amended from time to time, which identifies the
wastewater facilities or wastewater expansions and their
associated costs which are necessitated by and which are
attributable to new development, and for a period not to
exceed ten (10) years, and which are to be financed in whole
or in part through the imposition of wastewater facilities
fees pursuant to this Chapter.
(34) Water Facility Improvement for providing water
serVlce, inc 1 uding, but not 1 imi ted to, land or easements,
water supply facilities, treatment facilities, pumping
facilities, storage facilities, or transmission mains.
Water facility excludes water lines or mains which are
constructed by developers, the costs of which are reimbursed
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from charges paid by subsequent users of the facilities and
which are maintained in dedicated trusts. Water facilities
also exclude dedication of rights-of-way or easements or
construction or dedication of on-site water distribution
facilities required by valid ordinances of the City and
necessitated by and attributable to the new development.
(35) Water Facility Expansion - Expansion of the capacity
of any existing water improvement for the purpose of serving
new development, not including the repair, maintenance,
modernization or expansion of an existing water facility to
serve existing development.
(36) Water Improvements Plan - Portion of the CIP, as may
be amended from time to time, which identifies the water
facilities or water expansions and their associated costs
which are necessitated by and which are attributable to new
development, and for a period not to exceed ten (10) years,
and which are to be financed in whole or in part ~hrough the
imposition of water facilities fees pursuant to this
Chapter.
(37) Wholesale Customers - Water or wastewater customers of
the City's utilities which purchase utility service at
wholesale rates for resale to their retail customers.
Section 19-83.05 Applicability of Capital Recovery Fees
A. This Chapter shall be uniformly applicable to new
development which occurs within the water and wastewater
service areas, except for new development which occurs
within the service areas of the City's wholesale customers.
B. No new development shall be exempt from the assessment of
Capital Recovery Fees as defined in this Chapter.
Section 19-83.06 Capital Recovery Fees as
Development Approval
Conditions of
No application for new development shall be approved within the
City without assessment of Capital Recovery Fees pursuant to this
Chapter, and no water and wastewater connection shall be issued
unless the applicant has paid the Capital Recovery Fees imposed
by and calculated hereinunder.
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Section 19-83.07
Areas
Establishment of Water and Wastewater Service
A. The water and wastewater service areas are establ ished as
shown on the Service Area Map which has been adopted by City
Council and is on file in the City Secretary's office.
B. The service areas shall be established consistent with any
facility service area established in the CIP for each
utility. Additions to the service area may be designated by
the City Council consistent with the procedure set forth in
Chapter 395 of the Local Government Code and its successors.
Section 19-83.08 Land Use Assumptions
Land use assumptions used ln the development of the Capital
Recovery Fees are shown on the Zoning Map on file in the City
Secretary's office. These assumptions may be revised by the City
Council according to the procedure set forth in Chapter 395 of
the Local Government Code and its successors.
Section 19-83.09 Service Units
A. Service Units are established in accordance with generally
accepted engineering and planning standards.
B. Upon application for a building permit (for properties
inside the City corporate limits) or upon tap purchase (for
properties outside the City corporate limits), Service Units
for the property in question shall be calculated based on
Living Units Equivalent as determined by the size of the
water meter(s) for the development, or alternatively, if in
the judgment of the Superintendent such compensation
overstates or understates the impact of such new
development, the Superintendent, at the cost and expense of
the applicant, may obtain an engineer's report prepared by a
qualified professional engineer licensed to perform such
professional engineering services in the State of Texas,
which demonstrates that the number of LUE's of service for
the new development will be different.
C. If a f ire demand meter (tap) is purchased for a property,
the meter size utilized to calculate the number of LUE' s
shall be the dimension of the portion of the fire demand
meter which reflects the meter size which would provide only
domestic service to the property. Said reduced meter size
shall then be utilized to calculated the number of LUE's.
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1. The meter types used to calculate the number of LUE' s
shall be either simple or compound meters.
2. To avoid the use of fire flow volumes for calculating
domestic usage, the owner of any property for which a
fire demand meter is purchased shall be required to
execute a restrictive covenant on a form approved by the
City Attorney, which covenant shall acknowledge the right
of the City to assess such Capital Recovery Fees to
subsequent owners of the property at the full meter size.
Said covenant shall be executed prior to the purchase of
the fire demand meter and shall be filed in the deed
records of the County.
D. Upon application for a building permit for lots for which no
water meter has been purchased, Service Units for wastewater
for said property shall be established by a professional
englneer licensed ln the State of Texas, retained by the
applicant at no cost to the City, and shall be approved by
the Superintendent.
E. The City Council may revise the service units designation
according to the procedure set forth in the Act.
Section 19-83.10 Capital Recovery Fees Per Service Unit
A. The maximum Capital Recovery Fee per Service Unit for each
service shall be computed by dividing (i) the growth-related
to the Capital Construction Cost of service for new
development, less the amount of any credits against such
amount that are attributable to rate or future tax
contributions to CIP funding by (ii) the total number of new
Service Units anticipated to be needed within the Service
Area. The Capital Construction Cost of service and the
projected number of New Service Units shall be based on the
land use assumptions for the Service Area as established as
part of the CIP. The maximum Capital Recovery Fees per
Service Unit for each service shall be established by
category of capital improvements and shall be set forth in
Exhibit C and Exhibit D to this Chapter.
B. Exhibit C may be amended by the City Council according to
the procedure set forth in the Act.
C. Current Capital Recovery Fees for water Iwastewater and
adopted by this ordinance shall be set forth in Exhibit D.
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Section 19-83.11 Assessment of Capital Recovery Fees
A. The assessment of the Capital Recovery Fee applicable to
such development shall be a prerequisite to the approval of
any subdivision of land or of any new development.
B. Assessment of the Capital Recovery
development shall be made as follows:
Fee
for any
new
1. For a development which is submitted for approval
pursuant to the City's subdivision regulations following
the effective date of this Chapter, assessment shall be
at the time of final plat approval, and shall be the
amount of the Capital Recovery Fee per Service Unit then
in effect, as provided in Exhibit D as set forth in
Section 19-83.10(A). The City may provide the subdivider
with a copy of Exhibit D prior to final plat approval,
but such shall not constitute assessment within the
meaning of this Chapter.
2. For a development which has received final plat approval
prior to the effective date of this Chapter or for which
no replatting is necessary, assessment shall be upon
issuance of building permit (for properties within the
corporate boundaries) or upon tap purchase (for
properties outside the corporate boundaries).
3. Water demand related solely to fire protection is not
subject to assessment of a Capital Recovery Fee.
However, if the fire protection capac i ty of the fire
demand meter is routinely utilized for domestic purposes
as evidenced by the registration of consumption recorded
on the City's meter-reading and billing systems, the
current owner of the property, on the date of such
determination, shall be assessed the Current Capital
Recovery Fees for the fire protection capacity which has
been converted to domestic capacity by its routine usage
as domestic capacity.
C. Following assessment of the Capital Recovery Fee pursuant to
subsection (B), no additional Capital Recovery Fees or
increases thereof shall be assessed against that development
unless the number of Service Units increases, as set forth
under Section 19-83.09.
D. Following the lapse or expiration of approval for a plat, a
new assessment must be performed at the time a new
application fQr such development is filed.
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Section 19-83.12 Calculation of Capital Recovery Fees
A. Upon appl ication for a building permit (for properties
within the corporate boundaries of the City) or upon
appl ication for a water or wastewater tap (for properties
outside the corporate boundaries of the City), the City
shall compute the Capital Recovery Fees due from the
applicant in the following manner:
1. The number of LUE's shall be determined by the size of
the water meter purchased or by evaluation of the
Superintendent as determined according to Section 19-
83.09 of this Chapter.
2. LUE's shall be summed for all meters purchased for the
development.
3. The total Service Units shall be multiplied by the
appropriate per-unit fee amount determined as set forth
in Section 19-83.10 of this Chapter; and
4. Fee credits and offsets shall be subtracted as determined
by the process prescribed ln Section 19-83.15 of this
Chapter.
B. The amount of Capital Recovery Fee due for a new development
shall not exceed an amount computed by multiplying the Fee
assessed per Service Unit pursuant to Section 19-83.10 of
this Chapter by the number of Service Units generated by the
development.
Section 19-83.13 Collection of Capital Recovery Fees
A. No building permit shall be issued and no tap shall be
purchased until all Capital Recovery Fees have been paid to
the City, or until a "notice of Capital Recovery Fee due" is
recorded as provided in this Section I except as provided
otherwise by contract.
B. Capital Recovery Fees shall be collected at the time of
building permit issuance (for properties within the
corporate boundaries of the City) or at the time of tap
purchase (for properties outside the corporate boundaries).
C. In the event that a water or wastewater tap is sold as the
result of a conversion from an individual well, or septic or
other individual waste disposal system, the appropriate
Capital Recovery Fee shall be collected at the time of tap
purchase, except as provided below:
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1. At the request of the applicant, and with the approval of
the Superintendent, the Capital Recovery Fees for such
customers may be paid in increments over a period of not
more than 12 months, with interest computed on the unpaid
balance at the statutory rate as set forth in Article
1.03, Title 79, (Article 5069-1.03,Texas Revised Civil
Statutes annotated, as amended) , or any successor
statute.
2. If the appl icant chooses this extended payment option,
the applicant shall, as a condition of tap sale, sign and
file with the City Clerk, and consent to the recordation
of, a "notice of Capital Recovery Fee due", which shall
be recorded as a lien against the subject property. The
City shall release the lien held only upon payment in
full of the Capital Recovery Fees and any late penalties
and applicable interest.
3. Late payments shall subject the applicant to a penalty Qf
ten percent of the amount due and additional interest ln
addition to all other remedies available to the City as
lien holder.
D. Upon the request of an applicant, the City may, at its sole
discretion, determine that lump sum payment by a feepayer
would result in undue economic hardship and may enter into a
payment agreement subject to the provisions below and
according to guidelines established by the CitYI as amended
from time to time.
1. At the request of the applicantl and with the approval of
the Superintendent, the Capital Recovery Fees for
customers may be paid in increments over a period of not
more than 12 months, with interest computed on the unpaid
balance at the statutory rate as set forth in Article
1.03, Title 79, (Article 5069-1.03, Texas Revised Civil
Statutes annotated, as amended) I or any successor
statute.
2. If the applicant chooses this extended payment option,
the applicant shall, as a condition of tap sale, sign and
file with the City Clerk, and consent to the recordation
of, a "notice of Capital Recovery Fee due", which shall
be recorded as a lien against the subject property. The
City shall release the lien held only upon payment in
full of the Capital Recovery Fees and any late penalties
and applicable interest.
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3. Late payments shall subject the applicant to a penalty of
ten percent of the amount due and additional interest ln
addition to all other remedies available to the city as
lien holder.
4. Customer hardship cases, at the discretion of the
Superintendent, may be assisted with a financial
assistance plan not to exceed 12 months with a 10%
administrative fee for handling the paperwork.
E. It shall be the policy of the City to attempt to reVlse any
contracts which might exist with wholesale customers, or
which in the future may be entered into for wholesale
serVlce, in such a manner that Capital Recovery Fees are
collected from the wholesale customer according to the
number of LUE' s attributable to each retail meter for new
development within the wholesale customer's serVlce area.
Section 19-83.14
Fees
offsets and Credits Against Capital Recovery
A. The City shall offset the present value of any system-
related facilities, pursuant to rules established in this
section, and which have been dedicated to and have been
received by the City, including the value of rights-of-way
or capital improvements constructed pursuant to an agreement
with the City, agains.t the amount of the Capital Recovery
Fee due for that category of capital improvement due from
the contribution.
B. The City shall credit Capital Recovery and pro rata Fees
which have been paid pursuant to Chapter (s) of
the City Code prior to the effective date of this Chapter,
and during the period following adoption of this Chapter,
against the amount of a Capital Recovery Fee due for that
category of capital improvement, subject to guidelines
established by the City,
C. All offsets and credits against Capital Recovery Fees shall
be subject to the following limitations and shall be granted
based on this Chapter and additional standards promulgated
by the City, which may be adopted as administrative
guidelines.
1. No offset credit shall be given for the dedication or
construction of site-related facilities.
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2. The unit costs used to calculate the offsets shall not
exceed those assumed for the capital improvements
included in the Capital Improvements Program for the
category of facility within the Service Area for which
the Capital Recovery Fee is imposed.
3. If an offset or credit applicable to a plat has not been
exhausted within ten (10) years from the date of the
acquisition of the first building permit issued or
connection made after the effective date of this Chapter
or within such period as may be otherwise designated by
contract, such offset or credit shall lapse.
4. In no event will the City reimburse the property owner or
developer for an offset or credit when no Capital
Recovery Fees for the new development can be collected
pursuant to this Chapter or for any amount exceeding the
total Capital Recovery Fees due for the development for
that category of capital improvement, unless otherwise
agreed to by the City.
D. An applicant for new development must apply for an offset or
credit against Capital Recovery Fees due for the development
either at the time of application for final plat approval or
at the time of building permit application (for properties
wi thin the corporate boundaries) or at the time of tap
purchase (for properties outside the corporate boundaries),
unless the City agrees to a different time.
The applicant shall file a petition for offsets or credits
with the City.
E. The available offset credit associated with the plat shall
be applied against a Capital Recovery Fee at time of the
first fee payment for properties within that plat in the
following manner:
1. Such offset or credit shall be prorated equally among all
living units equivalent within the development, as
calculated in Section 19-83.09 of 'this Chapter, and
remain appl icable to such LUE' s I to be appl ied at the
time of filing and acceptance of an application for a
bui lding permit (or at the time of tap purchase for
properties outside the corporate boundaries) against
Capital Recovery Fees due.
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2. If the total number of LUE' s used by the City ln the
original offset or credit calculation described in (1) is
eventually exceeded by the number of total LUE's realized
by the actual development, the City may, at its sole
discretion, collect the full Capital Recovery Fee
exclusive of any associated offsets or credits for the
excess LUE's.
3. At its sole discretion, the City may authorize
alternative credit or offset agreements upon petition by
the owner.
Section 19-83.15 Establishment of Accounts
A.
The City Finance Department shall establish
interest-bearing accounts in a bank authorized to
deposits of City funds, for each major category of
facility for which a Capital Recovery Fee is
pursuant to this Chapter.
separate
recelve
capital
imposed
B. Interest earned by each account shall be credited to that
account and shall be used solely for the purposes specified
for funds authorized in Section 19-83.16 of this Chapter.
C. The City's Finance Department shall establish adequate
financial and accounting controls to ensure that Capital
Recovery Fees disbursed from the account are utilized solely
for the purposes authorized in Section 19-83.16 of this
Chapter. Disbursement of funds shall be authorized by the
c~ty at such times as are reasonably necessary to carry out
the purposes and intent of this Chapter; provided, however,
that any Capital Recovery Fee paid to the City shall be
expended within a reasonable period of time, but not to
exceed ten (10) years from the date the fee is deposited
into the account.
D. The City Finance Department shall maintain and keep adequate
financial records for each account, which shall show the
source and disbursement of all revenues, which shall account
for all monies received, and which shall ensure that the
disbursement of funds from each account shall be used solely
and exclusively for the provision of projects specified in
the Capital Improvements Program as system-related capital
projects. The City Finance Department shall also maintain
such records as are necessary to ensure that refunds are
appropriately made under the provision in Section 18-93.18
of this Chapter.
-17-
Section 19-83.16
Accounts
Use of Proceeds of Capital Recovery Fee
A. The Capital Recovery Fees collected pursuant to this Chapter
may be used to finance or to recoup capital construction
costs of service. Capital Recovery Fees may also be used to
pay the principal sum and interest and other finance costs
on bonds, notes or other obligations issued by or on behalf
of the City to finance such capital improvements or
facilities expansions.
B . Capital Recovery Fees collected pursuant to this Chapter
shall not be used to pay for any of the following expenses:
1.
Construction, acquisition
improvements or assets other
growth-related costs for the
Capital Improvements Program;
or expansion of capital
than those identif ied for
appropriate utility in the
2 .
Repair, operation,
capital improvements
growth related.
or
or
maintenance
facilities
of existing
expanSlons;
or new
unless
3. Upgrading, expanding or replacing existing capital
improvements to serve existing development in order to
meet stricter safety, efficiency, environmental or
regulatory standards;
4. Upgrading, expanding or replacing existing capital
improvements to provide better serVlce to existing
development; provided, however, that Capital Recovery
Fees may be used to pay the costs of upgrading, expanding
or replacing existing capital improvements in order to
meet the need for new capital improvements generated by
new development; or
5. Administrative and operating costs of the City.
Section 19-83.17 Appeals
A. The property owner or applicant for new development may
appeal the following decisions to the Superintendent:
1. The applicability of
development;
a Capital Recovery Fee to the
2. The amount of the Capital Recovery Fee due;
-18-
3. The application of an offset or credit against a Capital
Recovery Fee due;
4. The amount of the refund due, if any.
B. The burden of proof shall be on the appelant to demonstrate
that the amount of the Capital Recovery Fee or the amount of
the offset or credit was not calculated according to the
applicable Capital Recovery Fee schedule or the guidelines
established for determining offsets and credits.
C. The appellant may appeal the decision of the Superintendent
to the City Manager. If the appeal is accompanied by a bond
or other sufficient surety satisfactory to the City Manager
in an amount equal to the original determination of the
Capital Recovery Fee due, the development application or tap
purchase may be processed while the appeal is pending.
Section 19-83.18 Refunds
A. Any Capital Recovery Fee or portion thereof collected
pursuant to this Chapter which has not been expended within
ten (10) years from the date of payment, shall be refunded,
upon written application therefore by the record owner of
the property at the time the refund is paid. If the Capital
Recovery Fee was paid by another governmental entity, such
refund shall also include 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, (Article 5069-1.03,
Texas Revised Civil Statutes annotated, as amended), or any
successor on the amount of the Capital Recovery Fee.
B. If a refund is due pursuant to subsection (l'i.) of this
Section, the refund of unexpended fee payments, including
interest from the dab~ of payment I shall be made to the
current record owner or governmental entity.
C. Upon completion of all the capital improvements or
facilities expansions identified in the Capital Improvements
Program upon which the Fee was based, the City shall
recalculate the maXlmum Fee per Service Unit using the
actual costs for the improvements or expansions. If the
maXlmum Fee per Service Unit based on actual cost is less
than the Fee per Service Unit paid, the City shall refund
the difference, if such difference exceeds the Fee paid by
more than ten percent (10%). The refund to the record owner
or governmental entity shall be calculated by multiplying
-19-
such difference by the number of serVlce units for the
development for which the Fee was paid, and interest due
shall be calculated upon that amount.
D.
Upon the request
Capital Recovery
such Fees if:
of
Fee
an
has
owner of the property on which a
been paid, the City shall refund
1. Existing service lS available and serVlce lS denied; or
2. Service was not available when the Fee was collected and
the City has failed to commence construction of
facilities to provide service within two years of Fee
payment; or
3. Service was not available when the Fee was collected and
has not subsequently been made available within a
reasonable period of time considering the type of capital
improvement or facility expansion to be constructed, but
in any event later than five (5) years from the date of
Fee payment.
E. The City shall refund an appropriate proportion of Capital
Recovery Fee payments in the event that a previously
purchased water meter is replaced with a smaller meter,
based on the LUE differential of the two meter sizes and the
per-LUE fee at the time of the original Fee paymentl less an
administrative charge of $50.
F. Petition for refunds shall be submitted to the
Superintendent on a form provided by the City for such
purpose. Within one month of the date of receipt of a
petition for refund, the Superintendent must provide the
petitioner, in writing, with a decision on the refund
request, including the reasons for the decision. If a
refund is due to the petitioner, the Superintendent shall
notify the City Treasurer and request that a refund
payment be made to the petitioner. The petitioner may
appeal the determination to the City Council, as set forth
in Section 19-83.17 of this Chapter.
Section 19-83.19 Updates to Plan and Revision of Fees
The City shall review the land use assumptions and Capital
Improvements Program for water and wastewater facilities at least
every three years, the first three year period which shall
commence from the date of the adoption of the Capital
Improvements Program referenced herein. The City Council shall
accordingly then make a determination of whether changes to the
-20-
land use assumptions , Capital Improvements Program or Capital
Recovery Fees are needed and shall, in accordance with the
procedures set forth in the Act, either update the Fees or make a
determination that no update is necessary.
Section 19-83.20 Functions of Advisory Committee
A. The functions of the Advisory Committee are those set forth
in the Act, and shall include the following;
1. Advise and assist the City in adopting land use
assumptions;
2. Review the Capital Improvements Program regarding water
and wastewater capital improvements and file written
comments thereon;
3. Monitor and evaluate
Improvements Program;
implementation
of
the Capita 1
4. Advise the city of the need to update or revise the land
use assumptions, Capital Improvements Program and Capital
Recovery Fees; and
5. File a semiannual report evaluating the progress of the
Ci ty in achieving the Capital Improvements Program and
identifying any problems in implementing the plans or
administering the Capital Recovery Fees.
B. The City shall make available to the Advisory Committee any
professional reports prepared in the development or
implementation of the Capital Improvements Program.
C. The Council shall adopt procedural rules for the Committee
to follow in carrying out its duties.
Section 19-83.21 Agreement for Capital Improvements
A. The City Council may approve the owner of a new development
to construct or finance some of the public improvements
identified in the CIP. In the case of such approval, the
property owner must enter into an agreement with the City
prior to Fee collection. The agreement shall be on a form
approved by the City, and shall establish the estimated cost
of improvement, the schedule for initiation and completion
of the improvement, a requirement that the improvement shall
be completed to City standards I and any other terms and
conditions the City deems necessary. The Superintendent
-21-
shall review the improvement plan I verify costs and time
schedules, determine the amount of the applicable credit for
such improvement to be applied to the otherwise applicable
Capital Recovery Fee before submitting the proposed
agreement to the Council for approval.
B. The City and such owner either may agree that the costs
incurred or funds advanced will be credited against the
Capital Recovery Fees otherwise due from the new
development, or they may agree that the City shall reimburse
the owner for such costs from Capital Recovery Fees paid
from other new developments which will use such capital
improvements or facil i ty expansions, which Fees shall be
collected and reimbursed to the owner at the time the other
new development records its plats.
Section 19-83.22 Use of Other Financing Mechanisms
A. The City may, at its sole discretion, finance water and
wastewater capital improvements of facilities expansions
designated in the Capital Improvements Program through the
lssuance of bonds or other obligations, through the
formation of public improvement districts or other
assessment districts, or through any other authorized
mechanism, in such manner and subject to such limitations as
may be provided by law, in addition to the use of Capital
Recovery Fees.
B.
Except as herein otherwise provided, the
collection of a Capital Recovery Fee shall be
supplemental to, and not in substitution of,
fee, charge or assessment which is lawfully
due against the property.
assessment and
additional and
any other tax,
imposed on and
C. The Council may decide that the City shall pay all or part
of Capital Recovery Fee due for a new development taking
into account available offsets and credits pursuant to duly
adopted criteria.
Section 19-83.23 Capital Recovery Fees as Additional and
Supplemental Regulation
A. Capital Recovery Fees established by this Chapter are
additional and supplemental to, and not in substjtution of,
any other requirements imposed by the City on the
development of land or the issuance of building permits or
the sale of water or wastewater taps or the issuance of
certificates of occupancy. Such Fees are intended to be
-22-
consistent with and to further the policies of City's
Comprehensive Plan, Capital Improvements Program, Zoning
Ordinance, subdivision regulations and other City policies,
ordinances and resolutions by which the City seeks to ensure
the provision of adequate public facilities in conjunction
with the development of land.
B. This Chapter shall not affect, ln any manner, the
permissible use of property, density of development, design,
and improvement standards and requirements, or any other
aspect of the development of land or provision of public
improvements subject to the zoning and subdivision
regulations or other regulations of the City, which shall be
operative and remain in full force and effect without
limitation with respect to all such development.
Section 19-83.24 Relief Procedures
A. Any person who has paid a Capital Recovery Fee or an owner
of land upon which a Capital Recovery Fee has been paid may
peti tion the city Manager to determine whether any duty
required by this Chapter has not been performed within the
time so prescribed. The petition shall be in writing and
shall state the nature of the unperformed duty and request
that the act be performed within sixty (60) days of the
request. If the city Manager determines that the duty is
required pursuant to this Chapter and is late in being
performed, he shall cause the duty to commence within sixty
(60) days of the date of the request and to continue until
completion.
B. The Council may grant a varlance or waiver from any
requirement of this Chapterl upon written request by a
developer or owner of property subject to this Chapter, and
only upon finding that a strict application of such
requirement wouldl when regarded as a whole, result ln
confiscation of the property.
II
ARTICLE V
WATER FACILITIES FEES
Section 19-84.01 Water Service Area
A. There is hereby established a water service area as depicted
on Exhibit A, attached hereto and incorporated herein by
reference.
-23-
B. The boundaries of
time to time, and
pursuant to the
Chapter.
the water serVlce area may be amended from
new water service areas may be delineated,
procedures ln Section 19-83.07 of this
Section 19-84.02 Water Improvement Plan
A. The Water Improvement Plan for the City is hereby adopted as
Exhibit E attached hereto and incorporated by reference
herein.
B. The Water Improvement Plan may be amended from time to time,
pursuant to the procedures set forth in the Act.
Section 19-84.03 Water Facilities Fees
A. The maximum Capital Recovery Fees per Service Unit for water
facilities are hereby adopted and incorporated in Exhibit C
attached hereto and made a part hereof by reference.
B.
The Capital Recovery Fees per Service Unit
facilities are hereby adopted and incorporated in
attached hereto and may be amended from time
pursuant to the procedures in Section 19-83.10
Chapter.
for water
Exhibit D
to time,
of this
III
ARTICLE V
WASTEWATER FACILITIES FEES
Section 19-85.01 Wastewater Service Area
A.
There is hereby established a wastewater
depicted on Exhibit A, attached hereto
herein by reference.
servlce area as
and incorporated
B. The boundaries of the wastewater service area may be amended
from time to time, and new water service areas may be
deline~t~d, pursuant to the procedures in Section 19-83.07.
C6(;.Or
Section 19-84..02/'Wastewater Improvement Plan
A.
The Wastewater
adopted as Exhibit
reference herein.
Improvement P Ian for the City is hereby
F attached hereto and incorporated by
-24-
B. The Wastewater Improvement plan may be amended from time to
time, pursuant to the procedures set forth in the Act.
LJ~ ,O?
section 19-~Wastewater Facilities Fees
A. The maximum Capital Recovery Fees per Service unit for
wastewater facilities are hereby adopted and incorporated in
Exhibit C attached hereto and made a part hereof by
reference.
B. The Capital Recovery Fees per Service Unit for wastewater
facilities are hereby adopted and incorporated in Exhibit D
attached hereto and may be amended from time to time,
pursuant to the procedures in Section 19-83.10 of this
Chapter."
IV
This Chapter shall be and is hereby declared to be cumulative of
all other ordinances of the City I and this Chapter shall not
operate to repeal or affect any of such other ordinances except
insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this Chapter, in which event such
conflicting provisions, if anYI in such other ordinance or
ordinances are hereby repealed.
V
If any sentence, section, subsection f clause, phrase, part or
provision of this Chapter be declared by a court of competent
jurisdiction to be invalid, the same shal,l not affect the
validity of the ordinance as a whole, or any part thereof, other
than the part declared to be invalid.
VI
The provisions of this Chapter shall be liberally construed to
effectively carry out its purposes, which are hereby found and
declared to be in furtherance of the public health, safetYI and
welfare. Any member of the Councilor any City official or
employee charged with the enforcement of this Chapter, acting for
the City in the discharge of his or her duties, shall not thereby
render himself or herself personally liable and is hereby
relieved from all personal liability for any damage that might
accrue to persons or property as a result of any act required or
permitted in the discharge of said duties.
-25-
VII
Any violation of this Chapter can be enjoined by a suit
the name of the City court of competent jurisdiction,
remedy shall be in addition to any penal provision
Chapter or otherwise in the Code of the City.
filed in
and this
ln this
APPROVED on first reading the ~ day of
PASSED, APPROVED AND ADOPTED this the l~
19qa. ~
1n~, 19V.
day of ~O -.:
ATTEST:
SEAL OF CITY
-26-
."
~.~
..
EXHIBIT A
SERVICE AREA MAPS
t
~1
-27-
<"R\JIC~ Afl.EA **.,--
E~E.fl. S,,- -'-
SANliAfl.'< S ___-----
- .".-
fIII1" ·
--
./
(-
,
-~~
.
,
,
----,
.
.
j
..",~t.~
C't.-
Cfl'YQl:'C\aol.O
~ rrui('"f 1\r-ra
1!I~9~nb
WATER SERVICE AREA
____SANITARY SEWER SERVICE AREA
""""
~
St.fl.\j~..
SE.*-~_. /
S.,.\:.':~
=11I= FORD ENGI~ERING INC.
ENGINEERING PLANNING DEVElOl'NENT
11900 CROfM.IPOINT AT I.H,-35. SUIlE Iso. SA.N ANTONIO. TEXAS 71l233. {\512} 590-4777
PRC)JECT 1122.30 DATE or PREP'ARAllON: JANUARY 2+. 1~90
(D
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.of
~ ("4 tit;!
SCA.r~ NTS
ClTr' OF CI8OLoO
~ idorhtl Zoning :.mup
Nut ~itt ~ptrifir
Zoning .taIlttp :m~genb
r\.
" \
/ /
,./
i
PEl ~f-DfVEL~ D1SlNCT
PLANNfD UNIT OOIU0Pt.4Drt OlSTfllcr
PUllUC USE DIS1IUCT
ftDllXNllAl.../AQflICOLlUftE
SNll..E FAMILY OINl!:LUNB Dl'SlftlCT
:g'UIZ "AldlLY DIftl.UNQ aSlJ'lICT
~-~ TWO I"AlillL.Y D\lifU.1NG DlSmtcT
1\-" APAftTl4fNTJ\M..n-r~LY O'/CJJ..ING Ol'$'lftI(:T
~-1I ~ I1CltlI: D9nUNG DI5TftlCT
R-tIII SINOLE FMlIL. Y DELIJNG AND DRAINAOE DIS1NCT
R-IS :lUlaL FNraL.V D\\flUNG ~5lRICT
ft-7 31Net.E F......V D'6D.UNG DISTRICT
IlIH NOBIlE HOME DW::LUNG DISTRICT
(It <3ENERAL BlJ9NE$3 DIS~
NS NElliHBORHOOO 5ER\<<lE DIS1RICT
OF' OfACE ANO Pfta:ESSlONAL DISlRlCT
M-1 IlW'fJF~E DISTRICT - UQiT
;-'
/
(
'-
',-
",
\
',-
''"'',
!
\..
\
\
~
~ FORD
EHQINEERlNO: eo PlANNlNO .. DE'vELOP'MENT
"90:1 CftO'MolPDINT AT 1.".-3'0. SUIt!: ,eo. SH4 AN'ItINlQ, ~ 7~, (C12) t'S04771
PRD-ECT N1J. l1Z1.7:5ZN DATE OF PREPARATIIlNt .JULY lb, 1968
DATE OF REVISION I NOVEMBER 231 1988
DItTE OF REV!SION: FEBRUARY 24, 1989
DATE OF REVISION, APRIL 13, 1989
DATE OF REV!stoNI APRIL 26.1 1989
DATE []f REVISIDNI f"EBRlJARY 7, 19'30
i
ENGINEERING
INC.
UOlRENT A>O PROJECTEO lA>D USES Ar-D POPUlATION
C I TV Of SCHUTZ
--.... ---- -- --------------.. ---.. --- --.. --.. --- ------.. -- -- --........ --- -- -- -- ---.......... --.. --...... -_...... --.. -- ---_.... -_.... --_.. ----....--
1';18<)
lqqq
Lt.T1olM.TE
lA>O USE
---- ------- - --- ---.. ----_.. ........ ---.. -- --- - ---.... -- ---.. --........ -- --------.. - -..... -...
ACRES (a) % ACRES (al % ACRES (a) ~
-- ------ ----.. --.. --.. ---- ------- ------ ------------ ------------ ------------ ------------ ------------ ------------
RES IOH-:rUl
SlnQle-fa.,ly , 870 6.~1" t.IU. 8,2." J.15& 23,25"
carden and MOblle.-e, 61 O.~5~ 78 0,57" 220 ' 1.6211
..wftlfaflli Iy 2' O.I.8~ 31 0,23" 88 '0,65"
Subtota' ResIdential 955 7.0,(% 1.223 9,0'" 3.464 25,521<
COME RC I AL 666 .(.91~ 853 6.28" 2.416 t7.7~
---"INJUSTRtAl 6'8 .c.77% 829 6.11% 2,~9 17.J01i.
PUllLlC/Q(MSI-PUllLlC 162 t.19" 163 1. 2011 17' 1.28"
AGl! 1 CIA. 1U1Al RES IDE""" Al1VACANT 11. US 82.09l' 10.509 77, 'OlIO 5. i7.c 38.11'
.......... -------- --.. ---............ --.... ---...--.. -------~---. .----------- ------------ ------~~--~- --._~------- ~._-~-~-----
TOTAL ACREACl:
13.577
100.00"
13.577
100.0011
13.577
100,0010
POPU.ATlON (C)
12.650
16.193
POPU.ATlON PH ACRE
0.93
1. 1'9
'5..869
(bl
3.38
----------- ------------ ---------------------------------- ------------------- - - --- - ---- - ------- -- ----- - ------ - - -----
i~*~~.:i
(a) Acreages based on land use mixtures
Single fam; f)':
carden and ~bi Ie Homes:
MUftitalQify:
CO<necclal:
tnduscr lal:
Pub I iC/Quas i -Public:
Agricultural Residential/vacant:
per 100 POPulation In SChertz Zoning Plan.
6.881 acres/IOO poputation
0.l80 aCres/lOa population
0.192 acreS/IOC population
5.267 acreS/loa POPUlation
5.122 acres/loa populat Ion
0.379 acreS/loa population
11. 280 acres/lOa oopulation
(D) Ultimate POPulation ...ithin 1989 corporate boundaries.
(el t989-t'99~ average annual Qro'Wth rate assumption of:
2. 5~.
.:,
I
,.
"
-29~~
.'.:'.'
';: . :. ~ .-"
PI.A"""/>,(; ASSUOPTlONS APPI. IEO TO C<N:EPTUAL WATER SERVICE AREA
CI TY OF SCHERTZ
------------ --- --------------------------------------------------- --- ------ - --------- -- ------ - - - --- --- --- -... -- - - - -.-
1989
'999
u..TllI4.ATf
LA'-D USE
-..- -- ---- ---- -- -..--- --- -- - ---.- - --- -- -- -- --- -- - -.. -- .------'- -. - - - -. - -.--
ACRES (a)
~
ACRES (b)
~
ACRES (0)
---------.---.---------------------- ------------ ------------ ------------ ------------ ------.-.--- ------------
::0-'
RESIOf,.,'TJAl
Sin9Ie-Fa.i Iy 1.088 5.69" 1.392 7. 28~ ............5 23.25'
carden and MObi Ie ~s 76 0."0" 97 0.5'" 3'0 1.62"'l
au'tifa.ily 30 0.16" 39 0.2011 12_ Q.65"
Subtota I Res i dent fa I 1.1Q" 6.2"" 1.528 7 . 9.,. 4..87Q 2S. :2"\.
co...ERC tAL 832 ".35" 1.066 5,57~ 3..(02 1;. ,<;0\
It.OJSTl1.1 At 809 ".23" , .036 5."~ 3.309 17. J.C'\
PUll I UQUAS I -PUlL Ie 228 1.19" 2Jll 1. 20~ 2'5 1.2!'
AGR' OA. TUlAL RES IDENT. Al1VAo."'T 16.058 83 , 98~ 15.262 79,821< 7.287 3.!.111
- - - - - -- -- - -- -- - -- - --- --------- - - ---- ------------ ------------ ------------ ------------ ------------ ------------
TOTAL ACRE Ace (cl
19. '22
100.00"
19.122
100.0011
19,122
100.Q:CI;
POPU.. A. TI 0\1
15.805
(d)
20.232
(el
6'.602
(fl
POPLUTlO'< PER ACRE
0.83
1.06
3,38
--- - --- ---- ------- - --- --- -------- ---- -- ---------- --------- --- -- -- - -------- -------- ----- - ----- -- - - - - --- - - - -- -- - - - - --
(a' 5a-e distribution of developed land uses per capita as assumed for Ccty plann;nQ areas.
- ' ~~=j.
~'o:P:~'
(bJ Land use _inures per 10~ population of growth as indicated in city zoning plan:
Single faA:li (y: 6.881 acresl100 population
Garden and NoObi'e h:HItes: O_"SO acreSIIOO poPu'ation
IIWltifalni Iy: 0.192 aCresI100 poputation
COantercial: 5.267 aCres/IOO popuCation
Inouser ia I: S~ 122 ac(esl100 populat Ion
Pub I ie/Quasi-Pubf ic: 0.379 acres/100 population
....9ricuftural Residential/vacant: 11.280 acres/tOO population
(CJ COoCeotu.a1 service area acreage.
(d) 'C;!6~!9 .ater billing divided by
124 gallons oer caoita (TWiC6).
(eJ ASSl/IIIIeS anooat growth rate of:
2,5%,
(0 land uses and DOoulation proportionate to City.
"
~ ';'.
-30-
.
PlA""'f'G Assu.PTlONS APPLIED 'TO CONCEPTUAL WASTEWATU SERVICE AHA
CITY Of SCHERTZ
... -- --- -- --... --... --...... ------ ---- --_... --..... ---............ ------- -----.. ------... ---.......... -- --...... ---_... --........ --........................... --.............................. ---........
1989
'999
. U. n"'''Tf
lA>D USE
---- ------ ---- ------ ---... ... -... ____a_a. _____ ___ __......... ... ____... ___ ____... - ___... ___.........
ACRES (a)
"
ACRES (b)
"
ACRES (b)
"
------------------------------------ ------------ ------------ ------------ ------------ ------------ ------------
REStDE"." I Al
Stngle-Falllly 1.~86 5.691l: 1.903 7.28" 6,07S 23,2S"
carden and tllObi Ie HcNaes .0. O.'o~ 133 O,S'" 423 t .62'f,
"'Oltila.ily .. 0.16" S3 0,20" .69 O,6S"
$ubtota I Residential . .631 6.2"" 2.0SS 7,99" 6.668 2S.52'1
C~E~CIAl 1.138 .c .J5'l 1..456 5.57" -'.650 17.79.
IN:X.JSTlill,t.,l 1.106 .(.231- 1.416 S.4~ 4.522 11.30.
PUlll C1QU.<S I - Pt.6L I C 312 1.191. 3" 1.20" 335 , .28'1
ACR lOA l'LOlAt. RES IDENTIALlVACANT 21_9~6 S3. 9S~ 20.S53 79, S2l< 9.959 38_ 11'1
... -- - - ----- --... --- ---... ------ ---............ - -... ------------ ------------ ----------...- ------------ ------------ ------------
TOTAL A~EAa: (e)
26.133
. 00. 01llE
26.133
'00.001i0
26. 133
100.001:
PDPU.A TI 0-:
2. .600
(d)
27 ,6S0
(e)
sa.2SS
(I)
POP\.A.4.TlO\: PER ACRE
0.83
1.06
J_ 3~
------ -- -- -------- ----- ---... --- -------------... ---- -- ---- ------ ------------------------- -- --... -----... -----_...... --......... -- -_......
(aJ $.3.-e dtstribution of developed land uses per capita as assumed for City planning areas.
;~~-=':f~:~;';:
(b) land use _ixtures per 100 population of growth as indicated in city zoning plan:
Single fami Iy: 6.881 acreS/IOO population
Duplex: 0..(80 acreS/IOO population
M.Uftifamify: 0.192 acreS/IOO populaCiOfl
CoGr.lercial: 5.267 acres/IOO population
Industrial: 5.122 acres/tOO population
PuOI ie/Quasi-pub' ic: 0.379 aCfeS/100 population
Transportation; 11.280 aCres/100 population
(el ConCeotu.2.1 s.e;rvice area acreage.
(dl PoC'ula(ion N.sed on same density as ""'ater service area.
(e) 4SS~S annual growth rate of:
2,5".
(1) laM' us.e;s and population proportionate to City.
"
~1
-31-
4
EXHIBIT C
SCHEDULE OF MAXIMUM CAPITAL RECOVERY FEES
Water: $633
Wastewater: $1364, plus
Wastewater Treatment Impact Fees
Established by New Braunfels Utilities or '
Cibolo Creek Municipal Authority
:~,~{;,.~::. ......::
~-,-
," ~;: :~_f.
-32-
.
. '
EXHIBIT D
SCHEDULE OF CURRENT CAPITAL RECOVERY FEES
~'lATER: $550
WASTEWATER: $650, includes
wastewater impact fees
established by NBU or CCMA
iiiw.'
~\~
-33-
.
EXHIBIT E
WATER IMPROVEMENT PLAN
~
;\.
-34-
.
.;.::..:::.-
~-~
..:.tf~".5:<<
i:! '
1 ,
"
u
ESTUIATED SERVICE WITS AW SERVICE of MAW - WATER UTILITY
, , '
----------------------------------------------------------------------------
' ,
fACILITY TVPElLAI\O USE
l~M 1~~~ UlTl...Tf
------------ ------------ ------...--.
15.805 20.232 6.( .602
".38.( 5.612 17. q19
3.862 .(,9..(.( , S.705
WATER SERVICE AREA POPUlATION (a)
,TOTAL WATER LUE '5 (b)
TOTAL CON'/fCTl ONS (b)
... ----..... ---- -- ------ -_.... ---- -- -- -- --.. -... ---.. --.. --- --- ----- -- --......... --..... -- --.. --..
"AIER SlA'Pl V (A<Q))
Estl...ted oe...nd (C)
Existing capaCity (C)
0.868 1.111 3.553
1.056 1.056 1.056
------------ ------------ ------------
ExCeSSICDef iciency)
0.188 (0,055) (2,497)
---- ------- --------- --- ----- ---------------- ---------... ..._-- ----- --... --.. -----.....
CRO<N) STORAGE (Me)
Est i...ted Deoaand (C)
Exi st ing capacity (C)
2.055
2,500
2,630
2.500
8_ 3q~
2,500
ExceSS/CDet iciency)
0..(.(5
(0.130)
(5,8~81
----------------------------------------------------------------------------
ELEVATED STORAGE (Me)
Estl...'ted oe...nd (C)
Existing capacity (Cl
O,86~
1.715
1.113
1.7'5
3.553
I. 7.5
-- - - - ----- --- - -- - - -- -- ---- - - -- - - --
Excess/coet iciency)
0.846
0.602
( 1.8381
----------------------------------------------------------------------------
ca) Tat;,en from land use assumptions; TABLE 5-5
Cb) 1989 t igure tal:;,en frocn RJeter count; see TABLE 5-'9
future lUe"S projected as same ratio of lUf'S to DOPulation as 1989;
future connections projected as saffle ratio of connections to lUE's as
'~89,
(e) Source: ford Engineering. 3.(9/90: 3/22/90.
-35:':'
"'\
~._.
",.......~~
;::~~...~~
.
ASSOCIATED CIP 'NVENTOllV A^O COSTING - WATER UTILITY
- - - - - -- - - --- --- --------- --- --- --- ------------ -- ---- --...... --_......... -------.................. -- --..................... --.................. --............ --......... --.............................. --... ---------
fACIliTY CAPACtTY (m9d 0'( gals)
lQSC;.
lQ~Q
c....PI T"'l
COST TOr"l'
1949-
Iqqq
COST
PER ll:E
- - ---- ----- -- ---...... -...... -... --......... -...... ---......... -... - -.... --...... - -- --
fACILITY
NMlE
CONSTRUCT I ON
COST TOTAL
IN
EXCESS
( 10 YEA.RS
EXCESS
) 10 y€,,~S
CURRENT USE
SL.pPlY. ~lt-.G
Mm
EXISTING fACILITIES
U,C, ... well ". PUOlO " 125 ho $160.000
U.C, -well '3. Puooo " '2S hp $160.000
NaCO _ell ". Pump " 200 hp $HO.OOO
NaCO ... "'ell n, P"",,, " 200 hp SHO.OOO
0.4:62
.0.5'9.(
-... -_... --...... -... --..................... --..................... ---...... ------------ ------...----- ------------ ------------ ------------ ------------ ------------
Suotota f Exl st ing fact I ities $660.000 1.056 0.464 0,099 0.069 S61.!7S $124
(al (al (bl (b' (t,)
FlJT1R E FACILITIES
loo':,out Road - well ". Puoop $360.000 1.320
... --...... --- -- - - -----. - - - -- - --- -- - -- -- ------------ ------------ ------------ ------------ ------------ ------------ ------------
Subtotal Future facilities S360.000 1.320 0.000 O.U.( 1.176 SJQ,273 SS.
(al (al (bl (bl (DI
========== === = == ======== = =-======== ==
TOTAl WATER SUPPlY
$1.020.000
2.376
0.868
0.2.(3
1.265
SI01.U..e
S42
(Cl
-------------------------------------------------------------------------------------------------------------------------------
CROlN) STOll ACE
MC
EXISTING FACIllTlES
live oat E;oad Tant.
ware SeQuin Tanl::
Deer Haven well Site rant. &1
S<SO.OOO
$150.000
SISO.OOO
I. 500
0.500
0.500
-------------------------.-------- ------------ ------------ ------------ ------------ ------------ ------------ ------------
Subtotal fI:istlng fact I it tes S7S0.000 2.500 1.305 0,220 0.975 S66 . 000 SUI
(al (al (bl (bl 'DJ
fUTlJRE fAClllTIES
loo~out R.oad .-el f Tant S'"'SO.OOO 1.500
---------------------------------- ------------ ------------ ------------ ------------ ------------ ------------ ------------
Suotota t future fac i I i (i es
S<SO.OOO
(al
1,500
(at
0.750 0..(.(,",
(b) (bl
O,JOQ
(tl,
S13.:.2oo
SU1
---------------------- --------------
--------------------------- ---------
------------ ------------
------------ ------------
TOTAl CRcx.."V ST~<CE
S 1.200.000
4.000
2.0SS 0,66<
1. 2e 1
S le;.:;. 20C
SUI
(CI
-- ---- - --- --- - -- - - - - -- - - -- - - - --- - - - -- - --- - --- -- ------- --- ------ --- ----------- -- -- - ---- ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - ---
:\..
-36-
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(,
ASSOCIATED CIP INVENTOIlV A..o COSTING - WATER UTILITY (Concluded)
---...----------------.. ------------------ ----------.... --- -------..--- ----........ -- --.. --...... -- ----.......... --............................ ---- -- -- -- --........ --..
. FACIliTY CAPACITY (ll\9d or gals)
fACILITY
'<ME
CONSTRUCTION ,
COST TOTAL
IN
CUlRENT USE
EXCESS
( 10 YEARS
EXCESS
) 10 yt4.~S
,Q&9.
1999
Cl.P IT AL
COST TOTAL
lq69-
........ -...... - -.-.............. ~.... -.......... -.................. - - .. - - -.. -.. .... -......
tgqq
COST
PER WE
ElEVA TED STOIlACE
MC
EXISTING HCIL ITIES
u.c. ..et I Site Tanl:;. 1',
U,C. well Site Tan~ <2
Naco wet I Site Tant 11
S300. 000
S6_. 500
S500.000
1.000
0.2'5
0.500
---------------------------------- ------------ ------------ ------------ ------------ ------------ ------------ ------------
Subtotal ExIsting facilities S&6_.500 1. 715 0.~69 0.2.'4 0,602 S122.996 $100
(aJ (aJ (a) (a) la)
II' 0:': 0: 0:: ====::11'::1:=:.1: =11: = C:::I: :;;:::l::& =:11: ===== :1:=>:===0::====:0: ==========1;;': ======::==:: ::::::=====:= ::=:======:: C=:l:lI'C==lI:::== ====:::======
TOTAL EUVATEo STOIlACE
S~6'. 500
1.715
0.&69
0.2,(,(
0,602
S122,996
$100
(el
.~;:.::
---------------------------------------------------------------------------------------------------------....---------------------
WATER TRA"S"'5S'<N
AVERA~
Ala>
EXISTING fAC'lITIES
U" water -.ain
20" water -.ain
16" water -.a.in
S500 . 000
S600.000
S270.OO0
Subtotal Existing fac' I Illes
S'.370.o00
(aJ
'0.656
(a)
5.200
(b)
1.035
(b)
,( .4.21
(~l
S133.065
$276
'~~
~~:s.;- ~
~:...'j..~
f~f fACllI TI fS
15- -.ain~ Plant to IHJS/fOO09
12- .M.a'n. Plant to Tri-Cnty 8us. Pk.
Schir-erville _atcr Extension
DecrNven lOOP to SChertz Pk,wy
16'" -.ain. 1H35 -obife villa/SchPt.wy
12- IQ-in (XL to Ne... 6raunfels
live oat. Hi II~ water l"'Vrov~nts
S'(5"'.'(00
561.700
S2.033.900
S70.600
582. '95
S659.800
582.250
- - ---._- - ---- -- - -- - ---------------
------------ ------------ ------------
Subtota I future Fac if i ties
S3.....8.S
(al
5.760 2,000 1.600
(a) (b) (b)
2.1:0
S956.901
Sl.253
- - - --- - - --- - ----- - -- - ----- ----------
------.-----------------------------
(tl
------------ ------------ ------------
------------ ------------ ------------
TOT,t,L "''''TEI( T~,t,~ISSlo.:
S'(.8U.8'(S
16."6 7,200 2,635
6.5! ,
S1.089.967
5SH
(CI
- -- - ~ -- - -- - - - --- - - -- --- - --------- ------- ---- ---- --- -- - --------- -- - -- ---- - - -- - - - - - - ----- -- - - - - - -- - - - -- -- - -- - - - - -- - - - - - - - - - - - - - - --
-HER CC>6Ti1l<TlCN COST TOTAL
S7 .~9Q.3'5
$1.513.311
S'.211
- - - - --- - - ----- - - - -- - -- - - - --- ------------ ------- - -- ----- -- -- - --- ---- --- - -- -- - - -... - - ----- - - - - - - - - - - -- - - - - - - - - -- -- - - - - - -- - - - - - - - - ---
. .
(.al sourC~:7 ford Engineerino. 3/9/90.
(b) Alloca.'t ions acCordinq to ford Engineer iog. 3/22/90.
(C) ASStJI'IloeS thoe follo....jng .conversion factors. derived frOnl engineering demand per lUE in 1999:
. r
SdOoly/Treatment: 198 gals daily 1 LllE
Cr<XJfld Storage: 469 gafs tLUf
Elevated Storage: 198 ga,s 1 leE
TranslIlission: 2.146 gals daify 1 llJE
-37-
EXHIBIT F
WASTEWATER IMPROVEMENT PLAN
~:
oil
.
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"
-38-
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ASSOCIATED CIP 11Nf..'TO<1Y At>C) COSTING - WASTEWATER UTlllTY
----- --- --- ------------ ----------------------- ---...... --------- --.. --.... -------_.... --- -----.. --.... ----- --.. --.............. --........ --............ ---......
fAClllTY CAPACITY (llI9d or 9alS)
FA.CIlITY
NAAlE
CONSTRlX:T I ON
COST TOTAL
IN
CL<lRE"''T USE
EXCESS
( 10 YEARS
EXCESS
) 10 VEARS
19!9-
t99q
c..."plrAL
COST, TOT...l
19'9-
199c;
COST
PER LL'E
COt l E cn eN' AI'o() PlJllP t N:;
AVE RACE
NO;)
EXISTING FACILITIES
Extstlng COllection LIne Net..,r~
56.'07.S00 2.000
---.. --'--...... ---.. -.. ---........ --.. -- ---.... .. ---........ --.... -_.. ----- --.... .......... ----.. -- --- ---............
Subtotal existing Facilities
56,'07.500
(a)
2.000
(b)
1.117
(C)
0,233
(d,9)
0,650
(11
S747.Qf...6
S1.155
'.
.;.:........
FUTlAlE fACILITIES
ory co.al OUtfall line
MObil Vi I ta OUtfall LIne
Live oa~ HilI OUtfall line
$1..42.4."00
5"2.000
$'2'.000
SObtota' future faci. it les
51.690.'00 0.300 0.000
(a) (e)
0.079
(d.9)
0,221
(II
S.....6.761
52,031
C===:ccccc:_:czc===a==_azcc:sl==CCC:C: ====:======:: eo::::::::::::::: lI:========.c== :;;:I::&:=:=C:= :===:1:::1:::1:1:11: :l:1:1:1l:t:c&==zza ===l:za===I:&Z
---------------------------------------------------------------------- --------------------- ----------------------------- -----
TOTAL cotLEcrION 58.097.900 2.300 1.117 0.313 0.871 51.19<,728 51.377
(g)
wASTEwnEt CO'<STRu:TIO'< COST TOTAL(h) 58.097.900
S1.19,(.728
$1.377
--------------------------------------------------------------------------------------------------------------------------------
~~:~:;;~~;
(a) source: Ford Engineerlno. 2.123/90.
(bl SOurce: ford tll9ineerlng. 2/23/90; capacity adequate to serve 20.000 (s"","" at average deman4l.
(C) Pfooortionate share of 1'969 sewer service population.
(d) 1999 de&a.nd allocated proportionate between available excess In existing facilities and future facilities.
(e) SOurce: ford Englneeri'ng. 2/23/90; capaCity adequate to serve 3.000 (soo.n at averaoe decaandL
(I) Resalnder of available capacity.
(9) ASSc..eS the followln9 Qafs to tOE conversion factors. based on ford Engineering capacity est'Gtes:
Collection: 361 gals dally = 1 we
(h) qst~te( tfeat-ent construction costs are determined by New 8rauofel s uti lit ies and Cibolo Creet:. -.unicip.a f Autoor i t.,.
in addition to costs shown and afe reflected in the iA*Pact fees charged by these t~ entities to Schertz custo.ecs.
,.. . 'I'
,1 ',.-
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:1'
ESTIMATED SERVICE LNITS - WASTEWATER UTILITY
----------------------------------------------------------------------------
fACILITY TYPfllAr-l> USE 1909 '999 l'l TlMATE
-~ _. -- -. -------. -- ------- - ------- --- - ------ - - - -- -- -- --- ---- - - - -- -- --. - --
..STEWATER SERVICE AREA POPUlATlQ.,j 16.703 21.38' 66.092
EST. SEWER CUSTOl<fR POPUlATION la) 11.166 ".29< <5.6"
TOTAL LUE"S IbJ 3,097 3.965 '2,660
----------------------------------------------------------------------------
(al ServIce COPu'atlon based on ratio of 1989 wastewater customers to water
custoefS ti4aeS water service 'population (per 8ferschwa'e. Ford.
January. 19(0).
(b) wastewater lUf"s/captta same as 1989 water lUe"S/capita.
-40-