26-M-002 Water and Wastewater Capital Recovery FeesORDINANCE 26-M-002
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING CHAPTER 90 ARTICLE V.
WATER AND WASTEWATER CAPITAL RECOVERY FEES,
SCHERTS CODE OF ORDINANCES, SECTION 90-142 —
DEFINITIONS, CAPITAL IMPROVEMENTS ADVISORY
COMMITTEE
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 remain in compliance with the updates
from the Texas State legislature to continue to collect impact fees from new developments to help
fund public infrastructure improvements; and
WHEREAS, on February 3, 2026 the City Council conducted a public hearing and after
considering the matter, determined that the proposed amendment are appropriate.
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 90-142 Definitions, Capital Improvement Advisory Committee
(CIAC) definition 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and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 l , 2026.
CITY OF SCI RTZ TEXAS
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
DIVISION 1. GENERALLY
Sec. 90-142. Definitions.
Capital improvements advisory committee (advisory committee) means an advisory committee, consisting of not less
than five members who shall be appointed by a majority vote of the governing body of the political subdivision. Not
less than 50 percent of the membership of the advisory committee must be representatives of the real estate,
development or building industries who are not employees or officials of a political subdivision or governmental
entity. If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership
must include a representative from that area.