O-2014-1549 - 7/10/2014 1 ORDINANCE NO. 0-2014-1549
2
3 AN ORDINANCE AMENDING CHAPTER 44, SECTION 44-32, CODE OF
4 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
5 REGARDING WATER AND WASTEWATER IMPACT FEES; AND
6 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
7 CONFLICTING ORDINANCES AND RESOLUTIONS.
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
10 TEXAS:
11 I.
12 That Chapter 44, Section 44-32, Code of Ordinances (2010 Edition), City of
13 Round Rock, Texas, is hereby amended to read as follows:
14 Sec.44-32. -Water and wastewater impact fees.
15
16 (a) General provisions.
17 (1) Purpose. This section is intended to ensure the provision of adequate public facilities to serve
18 new development in the city by requiring each development to pay its pro rata share of the costs
19 of improvements necessitated by and attributable to such new development. Impact fees
20 established by this section are additional and supplemental to, and not in substitution of any
21 other requirements imposed by the city on the development of land or the issuance of building
22 permits or certificates of occupancy. Such fee is intended to be consistent with and to further
23 the policies of the city's comprehensive plan, the capital improvement plan, the zoning
24 ordinance, subdivision regulations and other city policies, resolutions and ordinances by which
25 the city seeks to provide adequate public facilities in conjunction with the development of land.
26 (2) Applicability. This section shall be applicable uniformly to new development that occurs within
27 the water and wastewater service area. For new development that occurs within the boundaries
28 of the city's wholesale customers or other political subdivisions, the applicability and terms for
29 the assessment and collection of the impact fee shall be defined by agreement.
30 (3) Authority. This section is adopted pursuant to V.T.C.A., Local Government Code ch. 395, the
31 constitution and laws of the state, and the city Charter. The provisions of this section shall not
32 be construed to limit the power of the city to adopt an impact fee pursuant to any other source of
33 local authority nor to limit the utilization of any other methods or powers otherwise available for
34 accomplishing the purposes set forth herein.
35 (4) Development approval. No application for new development shall. be approved by the city
36 without assessment of an impact fee pursuant to this section, and no water and wastewater tap
37 shall be connected unless the impact fees assessed by this section have been paid.
38 (5) Definitions. In addition to the terms defined in the V.T.C.A., Local Government Code § 395.001,
39 the following terms, as used in this section, shall have the meanings ascribed to them
40 hereinbelow:
0112.1404;00305264
1 Act means V.T.C.A., Local Government Code ch. 395.
2 Assessment shall have the meaning set forth in V.T.C.A., Local Government Code §
3 395.016(f).
4 Compound Meter means a water meter system containing two or more metering devices in
5 parallel with each other.
6 Director means the chief of public works operations or his designee.
7 Living unit equivalent (LUE) is the standardized measure referred to in the definition of
8 service unit in the Act and in this section. LUE consumes 450 gallons per day of water and
9 produces 350 gallons per day of wastewater.
10 Multifamily uses means all multi-unit residential buildings, including without limitation,
11 Apartments, Multifamily Houses, Townhouses, as those terms are defined in Chapter 46,
12 Zoning, and single-family attached houses containing two dwelling units.
13 Service unit means an LUE.
14 Wastewater facility.
15 (1) The term "wastewater facility" means a capital improvement or facility expansion for
16 providing wastewater service including but not limited to land or easements, treatment
17 facilities, lift stations, and interceptor mains.
18 (2) The term "wastewater facility" does not include wastewater lines or mains which are
19 constructed by developers, the costs of which are reimbursed from charges paid by
20 subsequent users of facilities and which are maintained in dedicated trusts.
21 (3) The term "wastewater facility" also does not include dedication of easement or rights-
22 of-way or easements or construction or dedication of on-site wastewater collection
23 facilities required by valid ordinances of the city and necessitated by and attributable
24 to new development.
25 Water facility.
26 (1) The term "water facility" means improvements for providing water service including
27 but not limited to land or easements, water supply facilities, treatment facilities,
28 pumping facilities, storage facilities or transmission mains.
29 (2) The term "water facility" does not include water lines or mains constructed by
30 developers, the costs of which are reimbursed from charges paid by subsequent
31 users of the facilities maintained in dedicated trusts.
32 (3) The term "water facility" does not include dedication of rights-of-way or easements or
33 construction or dedication of on-site water distribution facilities required by valid
34 ordinances of the city and necessitated by and attributable to new development.
35 (b) Land use assumptions.
36 (1) The updated land use assumptions contained within the April 2012 Update of the Water and
37 Wastewater Impact Fees of the City of Round Rock, dated April 2012, are hereby adopted and
38 incorporated by reference and shall be kept of record in the office of the city secretary.
39 (2) Said land use assumptions for the city shall be updated at least every five years utilizing the
40 amendment procedure set forth in the Act.
41 (3) Amendment to the land use assumptions shall incorporate projections of changes in land uses,
42 densities, intensities and population for the service area over at least a ten-year period.
43 (c) Water and wastewater impact fee service area.
44 (1) The water and wastewater impact fee service area, the boundaries of which are depicted on the
45 map contained within the April 2012 Update of the Water and Wastewater Impact Fees of the
2
1 City of Round Rock, is hereby adopted and incorporated by reference and shall be kept of
2 record in the office of the city secretary.
3 (2) The boundaries of the water and wastewater impact fee service area may be amended from
4 time to time in accordance with the procedures set forth in the Act.
5 (d) Impact fee capital improvements plan for water and wastewater facilities.
6 (1) The impact fee capital improvements plan for water and wastewater facilities contained within
7 the 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, dated
8 April 2012, is adopted and incorporated in this section by reference and shall be kept on record
9 in the office of the city secretary.
10 (2) The impact fee capital improvements plan for water and wastewater facilities may be amended
11 from time to time pursuant to the procedures set forth in the Acta
12 (e) Determination of service units.
13 (1) GGnversiep tTable for non-multifamily uses. The number of service units for non-multifamily
14 uses for both water and wastewater service is determined by the size and type of the water
15 meter purchased for the property in accordance with the following GGhedu;e table. The number
16 of service units associated with the use of compound meters is determined by the size of the
17 largest meter installed:
Meter Size Service
(inches) Units
5/8 x% 1.00
3/ 1.5
1 2.5
1.5 5.0
2 8.0
3 16.0
4 25.0
6 50.0
8 80.0
10 115.0
18
19 (2) Table for multifamily uses. The number of service units for multifamily uses for both water and
20 wastewater service is determined in accordance with the following table:
3
1 I
Type of multifamily use Service
Unit Equivalents
Apartments _ 0.5 per unit
Multifamily house 0.5 per unit
Townhouse 0.7 per unit
Single-family attached house with two dwelling units 0.7 per unit
All other multi-unit residential buildings 0.7 per unit
2
3 (23) Calculation. Service units shall be calculated based upon the size of the water meter for non-
4 multifamily uses, or the type of multifamily use, as set out above.
5 (34) No water meter. Upon application for a building permit for lots for which no water meter has
6 been purchased, wastewater service units shall be determined by a professional engineer
7 licensed in the state, subject to the approval of the director.
8 (45) Nonstandard meter. No adjustment in service units shall be made for water use or fire demand
9 that falls between standard meter sizes or combinations.
10 (56) Revision of service units designation. The city may revise the service units designation in
11 accordance with the procedures set forth in the Act.
12 (f) Impact fees per service unit.
13 (1) Maximum allowable fee. The maximum impact fee per service unit shall be computed by
14 dividing the cost of water and wastewater capital improvements and facilities expansions
15 necessitated by and attributable to new development identified in the impact fee capital
16 improvements plan for each category of capital improvements by the total number of projected
17 service units in the impact fee service area based upon the land use assumptions, and then
18 may be adjusted to reflect a credit, as appropriate, for other non-fee methods of capital
19 payments referenced in V.T.C.A., Local Government Code § 395.014(7). Maximum impact fees
20 per service unit shall be established for each category of capital improvements and are on
21 record in the office of the city secretary, and incorporated in this section by reference.
22 (2) Beginning on August 1, 2012, the city shall assess and collect per service unit to be served by
23 the city's water system a water impact fee of$3,889.00.
24 (3) Beginning on August 1, 2012, the city shall assess and collect per service unit to be served by
25 the city's wastewater system a wastewater impact fee of$2,073.00.
26 (g) Assessment of impact fees.
27 (1) The city shall assess the impact fees per service unit in effect at the time of plat recordation of a
28 subdivision plat or other plat under subchapter A, chapter 212, or the city's subdivision
29 ordinance.
30 (2) Except as provided in section 395.019 of the Act, the city shall collect the fees as follows:
31 a. At the time the political subdivision issues a building permit; or
4
1 b. For land platted outside the corporate boundaries of the city, the city shall collect the
2 impact fees at the time an application for an individual meter connection to the city's water
3 or wastewater system is filed.
4 (3) For land on which new development occurs or is proposed to occur without platting, the city
5 may assess the impact fees at any time during the development and building process and may
6 collect the fees at either the time of recordation of the subdivision plat or connection to the city's
7 water or wastewater system or at the time the city issues either the building permit or the
8 certificate of occupancy.
9 (4) Following assessment of the impact fee hereunder, the amount of the impact fee per service
10 unit may not be increased above the assessed fee unless the owner obtains final approval for
11 replatting in which case a new assessment shall occur at the assessed water and wastewater
12 impact fee per service unit in effect at the time of such replatting.
13 (5) An application for an amended plat made pursuant to V.T.C.A., Local Government Code §
14 212.016 or the city's subdivision rules is not subject to a reassessment of the impact fee.
15 (h) Calculation of impact fees.
16 (1) The water and wastewater impact fees shall be based on the number of service units required
17 for non-multifamily uses or the size of the water meter determined by the director to be
18 necessary to serve the multifamily uses develepmeRt and the number of service units
19 associated with that size of water meter. If the city allows a development to connect to the
20 I wastewater system without connecting to the water system, the director shall determine the size
21 of-the ,.g-at�� Mato number of service units that would be required if the development did
22 connect to the water system. The number of service units associated with the various sizes of
23 I water meters or multifamily types are set forth herein in subsection (e) above.ef this seo+inn
24 ltetermine#inn of seniine „nits
25 (2) A property owner may submit, or the director may require the submission of a study, prepared
26 by a professional engineer, licensed in the state, clearly indicating the number of water and/or
27 wastewater service units which will be consumed or generated by the new development. The
28 director will review the information for completeness and conformity with generally accepted
29 engineering practices and may, when satisfied with the completeness and conformity of the
30 study, modify the total number of service units required for the new development.
31 (3) Total service units and any fraction thereof shall be multiplied by the impact fee per service unit
32 for water or wastewater service as deffisted set forth in section (f) of this section, °mea^+foo Per
33 seniige „nit nr as determined in subsentinn /h\M\ of#his senting.
34 (4) All applicable offsets, credits or discounts per service unit allowable under this section for water
35 or wastewater service shall be subtracted from the product derived under subsection (h)(3) of
36 this section.
37 (5) The amount of impact fees due for new development shall not exceed the amount computed by
38 multiplying the assessed fee for water or wastewater service by the total number of service units
39 generated by the development.
40 (6) Whenever the property owner increases the number of service units for a development, the
41 additional impact fees collected for such new service units shall be determined based on the
42 assessed fee and applicable offsets, credits and discounts then in effect and such additional fee
43 shall be collected at the time the additional meters are purchased.
44 (7) For the purpose of determining water impact fees; no addi*inn,' senaoe „nits ire attributable to
45 the addition of a separate irrigation meter, if the-F rin,+r meter *6 the ame size as ^r smaller
46 than the existing meter if a !7rger irrigation meter is installed, the water impact fee shall be
47 based on the size of the irrigation meter shown in the table of 44-32.e. abovethe differenne
48 between that of the existing meter and that of the irrigation meter No wastewater impact fee
49 shall be charged for an irrigation meter.
5
1 (8) In determining the number of service units for wastewater impact fees, no service units will be
2 attributed to irrigation meters.
3 (9) Payment of an impact fee in accordance with the terms and conditions of this section shall
4 entitle the payor to receive a credit for same to be used in the event the tap for the property for
5 which the fee is paid expires and must be repurchased; provided, however, that the impact fee
6 is not refundable upon expiration of the tap.
7 (10) If the tap or building permit for the property on which an impact fee is paid has expired and a
8 new application is thereafter filed for the identical property and the same number of service
9 units, the impact fee previously paid satisfies the requirements of this section.
10 (11) The impact fee shall attach to the property for which the impact fee was paid and shall not be
11 transferable to other properties or service units.
12 (12) No request to connect to the water and wastewater system shall be granted and no building
13 permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and
14 other applicable fees or if existing facilities do not have actual capacity to provide service to the
15 new connection.
16 (i) Credits. If the city requires, as a condition of development approval, or otherwise enters into an
17 agreement with a developer, to have the developer construct, fund or otherwise contribute toward
18 the cost of a capital improvement or facility expansion included in the adopted water or wastewater
19 capital improvements plan, the city shall provide for reimbursement in the form of credits against
20 impact fees that would otherwise be due from the development. Such credits shall run with the land
21 and shall be used to reduce the amount of the impact fee that would otherwise be owed at the time
22 of collection of impact fees. If the amount of such credits would be insufficient to reimburse the
23 developer for the cost of required improvements, the city shall provide for reimbursement to the
24 developer up to the balance of the cost of the required improvements from water or wastewater
25 impact fees collected from other new development within the same service area. In determining the
26 amount of such credits, the developer shall submit evidence of the actual, fair-market cost of the
27 required improvement. Such credits shall only be applicable against the impact fees for the type of
28 facility(water or wastewater)for which the capital improvement is made.
29 (j) Exceptions and exemptions.
30 (1) Limitation on modification. Except as provided in this section or by contract in existence on the
31 effective date of the ordinance codified in this section, any reduction, change or modification in
32 the amount or time of payment of the impact fee must be approved by a duly enacted ordinance
33 of the city council.
34 (2) Fire protection capacity. No fee shall be collected for the purchase of a tap that is utilized to
35 provide only fire protection capacity.
36 (3) Nothing hereinabove stated shall be construed to alter the terms of a contract with a wholesale
37 customer of the city regarding the payment of impact fees and shall not be construed to
38 authorize the payment of impact fees in installments in areas encompassed by such a contract
39 for wholesale service.
40 (4) Exchange. A tap may be exchanged before any water or wastewater service has been received
41 for another tap without collection of the impact fees established in this section if the exchange
42 will result in an equivalent or lesser number of service units to be utilized on the property for
43 which the tap was originally purchased. The number of service units to be exchanged shall be
44 determined in 'accordance with subsection (e) of this section and shall not be based on the
45 number of units at the time of initial purchase.
46 (5) Waiver. By majority vote of the city council, a resolution or ordinance may be adopted waiving
47 or reducing the impact fees for a certain class of development, or for a specific development if
48 there is a finding that the proposed waiver or reduction would result in substantial economic
49 benefit to the city. All water and wastewater impact fees for public school buildings were waived
50 pursuant to Ord. No. G-95-03-23-9A, 3-23-1995.
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1 (k) Accounting for fees and interest.
2 (1). All water and wastewater impact fees collected by the city shall be deposited in interest bearing
3 accounts clearly identifying the category of capital improvements for which the fees were
4 collected.
5 (2) Interest earned by each account shall be credited to the account on which it is earned and shall
6 be used solely for the purposes specified for impact fees as authorized hereinbelow.
7 (3) The city shall establish adequate financial and accounting controls to ensure that impact fees
8 disbursed from the account are utilized solely for the purposes authorized in this section.
9 Disbursement of funds shall be authorized by the city at such times as are reasonably
10 necessary to carry out the purposes and intent of this section; provided, however, that any fee
11 paid shall be expended within a reasonable period of time, but not to exceed ten years from the
12 date the fee is deposited into the account.
13 (4) The city shall maintain and keep adequate financial records for each such account, which shall
14 show the source and disbursement of all revenues, which shall account for all moneys received,
15 the number of service units for which the moneys are received, and which shall ensure that the
16 disbursement of funds from each account shall be used solely and exclusively for the provision
17 of projects specified in the impact fee capital improvements plan as system-related capital
18 projects. The city shall also maintain such records as are necessary to ensure that refunds are
19 appropriately made in accordance with this section.
20 (1) Use of proceeds of impact fee accounts.
21 (1) Water and wastewater impact fees shall only be used to pay the costs of constructing water and
22 wastewater capital improvements or facility expansions, including and limited to the following:
23 a. Construction contract price;
24 b. Subject to the provisions of subsection 395.012(b) of the Act, interest charges, including
25 projected interest charges, or other finance costs;
26 c. Surveying and engineering fees;
27 d. Land acquisition costs, including land purchases, court awards and costs, attorney's fees
28 and expert witness fees; and
29 e. Fees actually paid or contracted to be paid to an independent qualified engineer or
30 financial consultant preparing or updating the capital improvements plan who is not an
31 employee of the city.
32 (2) Impact fees collected pursuant to this section shall not be used to pay for any of the items set
33 forth in section 395.013 of the Act.
34 (m) Refunds. All or any portion of a water or wastewater impact fee payment that has been collected by
35 the city and has not been spent as authorized by this section within ten years from the date such
36 impact fee was collected shall be refunded pursuant to the provisions set forth in section 395.025 of
37 the Act.
38 (n) Updates to plan and revisions of fees. The city shall review the land use assumptions and impact fee
39 capital improvements plan for water and wastewater facilities at least every five years, with the five-
40 year period to commence from the date of adoption of the impact fee capital improvements plan
41 referenced in this section. The city council shall accordingly make a determination of whether
. 42 changes to the land use assumptions, impact fee capital improvements plan or impact fees are
43 needed and shall, in accordance with the procedures set forth in the Act, or any successor statute,
44 either update the fees or make a determination that no update is necessary.
45
7
1 II.
2 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
3 expressly repealed.
4 B. The invalidity of any section or provision of this ordinance shall not
5 invalidate other sections or provisions thereof.
6 C. The City Council hereby finds and declares that written notice of the date,
7 hour, place and subject of the meeting at which this Ordinance was adopted was posted
8 and that such meeting was open to the public as required by law at all times during
9 which this Ordinance and the subject matter hereof were discussed, considered and
10 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
11 Government Code, as amended.
12 READ and APPROVED on first reading this the 0� day of
13 IUylt,; , 2014.
14 READ, APPROVED and ADOPTED on second reading this the day of
15 July 72014.
16
1
188
19 AL MCGRAW, Mayor
20 City of Round Rock, Texas
21
22 ATTEST:
23
24
25 SARA L. WHITE, City Clerk
26
8