26-M-009 Amend Chapter 90, Article V Water and Wastewater Capital Recovery Fees Code of Ordinances Sec. 90-155ORDINANCE 26-M-009
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS TO AMEND CHAPTER 90 ARTICLE V.
WATER AND WASTEWATER CAPITAL RECOVERY FEES,
SCHERTZ CODE OF ORDINANCES, SECTION 90-155 -
APPEALS
WHEREAS, Texas State legislature passed updates at the last legislative session amending
local government code Chapter 395 and the requirements for local Capital Improvement Advisory
Committee's (CIAC) regarding the minimum committee size and who is allowed to be part of this
committee; and
WHEREAS, the Capital Improvement Advisory Committee (CIAC) for the City of Schertz
assists with the approval and planning of how impact fees are used; and
WHEREAS, the City of Schertz, collects impact fees from new developments to finance
needed Capital Improvements that support these new developments; and
WHEREAS, the City ordinance needs updated to better meet the intent of the legislation
as to the applicability of the fee amounts while continuing to collect impact fees from new
developments to help fund public infrastructure improvements; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City shall amend Chapter 90 Article V. Water and Wastewater Capital
Recovery Fees, Section 90-155 Appeals is amended as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance,
was given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED AND APPROVED on the day of , 2026.
CITY OF SCHERTZ, TEXAS
1
ATTEST: //,// r/Al I#// 1-h it
Sheila Edmondson, TRTV C
City Secretary
EXHIBIT "A"
PART II - CODE OF ORDINANCES
Chapter 90 - UTILITIES
ARTICLE V. WATER AND WASTEWATER CAPITAL RECOVERY FEES
ARTICLE V. WATER AND WASTEWATER CAPITAL RECOVERY FEES,
Sec. 90-155. Appeals.
(a) The property owner or applicant for new development may appeal the following decisions to the
superintendent:
(1) The applicability of a capital recovery fee to the development.
(2) The amount of the capital recovery fee due.
(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 appellant 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 from determining offsets and credits or the applicant could have reasonably filed a replat
of a portion of the property prior to the effective date of the new fee amount given the stage of submittals
including improvement agreements in process
(c) The appellant may appeal the decision of the superintendent, in writing, 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.
(Code 1976, § 19-122; Ord. No. 21-F-30, § 1(Exh. A), 8-10-2021; Ord. No. 25-F-017, § 2(Exh. B), 4-1-2025)