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Ordinance/Resolutions/Minutes Impact Area 97-01 April 6, 2008
r ORDINANCE NO. 3060 AN ORDINANCE AMENDING CHAPTER 15, "IMPACT FEES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AME~DING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: - PART 1: PART2: PART3: That Chapter 15, "IMPACT FEES", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A'', attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be puaishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 27th day of __ Ha_r_c_h ___ , 2008. APPROVED: City Attorney EXHIBIT "A" That Chapter 15, "IMP ACT FEES", of th e Code of Ordinances of the City of College Station, Texas, is hereby amend ed, by deleting Chapter 15 in its entirety and replacing with Chapter 15 as set out hereafter to read as fo llows: CHAPTER 15 IMPACT FEES SECTION I: GENERAL PROVISIONS A. SHORT TITLE This Chapter shall be known and cited as the College Station Impact Fees Chapter. 8. PURPOSE This Chapter is intended to assure the provision of adequate public facilities to serve new development in the City by requiring each development to pay its pro rata share of the costs of such improvements necessitated by and attributable to such new development. C. AUTHORITY This Chapter is adopted pursuant to Texas Local Government Code Chapter 395, (S.S. 336) and pursuant to the College Station City Charter. The provisions of this Chapter shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with -this Chapter. Guidelines may be developed by resolution or otherwise to implement and administer this chapter. D. DEFINITIONS (1) Advisory Committee means the City's Planning and Zoning Commission, as duly appointed by Resolution 6-11 -92-1.10. (2) Area-related facility means a capital improvement or facility expansion which is designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located off-site, within , or on the perimeter of the development site. (3) Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Chapter. (4) Capital improvement means either a roadway facility, a water facility, a sanitary sewer facility or a drainage facility, with a life expectancy of three (3) or more years , to be owned and operated by or on behalf of the City. (5) City means the City of College Station, Texas. (6) Credit means the amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. (7) Facilities expansion means either a roadway expansion, a water facility expansion or a sanitary sewer facility expansion. (8) Final plat approval or approval of a final plat means the point at which the applicant has complied with all conditions of approval, and the plat has been released for filing with Brazos County. (9) Impact fee means either a fee for roadway facilities, a fee for water facilities, or a fee for sanitary sewer facilities imposed on new development by the City pursuant to this Chapter in order to fund or recoup the costs of capital improvements or facilities expansions necessitated by and attributable to such new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements. Impact fees also do not include pro rata charges or acreage charges for sanitary sewer improvements or front footage charges for sanitary sewer and . water lines imposed pursuant to Section 3 of the Utility Chapter; or funds deposited in escrow for the construction of roadway improvements imposed pursuant to the Subdivision Chapter. (10) Impact fee capital improvements plan means either a roadway improvements plan, a water improvements plan or a sanitary sewer improvements plan adopted or revised pursuant to this Chapter. Impact fee capital improvements plan may refer to either the plan for a particular service area or to the aggregation of capital improvements or facilities expansions and the associated costs programmed for all service areas for a particular category of capital improvements or facilities expansions. ( 11 ) Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the City, as may be am ended from time to time, upon wh ich the impact fee capital improvements plans are based.· (12) New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation , or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval and filing with Brazos County of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the City's water or sanitary sewer system. (13) Offset means the amount of the reduction of an impact fe e designed to fairly reflect the value of area-related facilities or other roadway facilities pursuant to rules herein established or administrative guidelines, provided by a developer pursuant to the City's subdivision regulations or requirements. (14) Recoupment means the imposition of an impact fee to reimburse the City for capital improvements which the City has previously oversized to serve new development. (15) Roadway means any thoroughfare, major or minor arterials or collectors designated in the City's adopted Thoroughfare Plan, as may be amended from time to time. Roadway does not include any roadway designated as a numbered highway on the official federal or Texas highway system. (16) Roadway expansion means the expansion of the capacity or redesign of an existing roadway in the City, but does not include the repair, maintenance, modernization, or expansion of an existing roadway to better serve existing development. (17) Road way facility means an improvement or appurtenance to a roadway which includes, but is not limited to, design, rig hts-of-way, whether conveyed by deed or easement; intersection improvements ; traffic control devices; turn lanes; drainage facilities associated with the roadway; street lighting or curbs. Roadway facility also includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the federal or Texas highway system. Roadway facility excludes those improvements or appurtenances to a roadway which are site-related facilities. (18) Roadway improvements plan means the adopted plan , as may be amended from time to time , which identifies the roadway facilities or roadway expansions and their costs for each roadway benefit area, which are necessitated by and which are attributable to new development, for a period not to exceed ten (10) years, which are to be financed in whole or in part through the imposition of roadway facilities fees pursuant to this Chapter. (19) Service area means either a roadway benefit area, a water benefit area, or sanitary sewer benefit area within the City, within which impact fees for capital improvements or facilities expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the type of capital improvements plan applicable to the service area. (20) Service unit means the applicable standard units of measure shown on the conversion table in the Impact Fees Capital Improvements Plan which can be converted to living unit equivalents (L.U.E.) as set out in Exhibit Bin the Capital Improvements Plan, as the context indicates, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development. (21) Sanitary sewer facility means an improvement for providing sanitary sewer service, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains. Sanitary sewer facility excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by subsequent users of the facilities. Sanitary sewer facilities exclude site-related facilities. (22) Sanitary sewer facility expansion means the expansion of the capacity of any existing sanitary sewer improvement for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing sanitary sewer facility to serve existing development. (23) Sanitary sewer improvements plan means the adopted plan, as may be amended from time to time, wh ich identifies the sanitary sewer facilities or sanitary sewer expansions and their associated costs which are necessitated by and which are attributable to new development for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of sanitary sewer facilities fees pursuant to this Chapter. (24) Single-family residential lot means a lot platted to accommodate a single-family dwelling unit, as authorized under the City's zoning regulations. (25) Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of roadway, water or sanitary sewer facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (26) Water facility means an improvement for providing water service, including, but not limited to, land or easements, water treatment facilities, water supply facilities, water transmission or distribution lines. Water facility excludes water lines or mains which are reimbursed from pro rata charges paid by subsequent users of the facilities. Water facility excludes site-related facilities. (27) Water facility expansion means the expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water facility to serve existing development. (28) Water improvement plan means the adopted plan, 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, for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water facilities fees pursuant to this Chapter. E. APP LI CABILITY The provisions of this Chapter apply to all new development, as defined herein, within the corporate boundaries of the City. The provisions of this Chapter apply uniformly within each service area. F. IMPACT FEE AS CONDITION OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of an impact fee pursuant to this Chapter, and no permit shall be issued unless the applicant has paid the impact fee imposed by and calculated herein. G. LAND USE ASSUMPTIONS (1) Land use assumptions for the City are attached hereto as-Exhibit "A" and is incorporated herein by reference. (2) The land use assumptions for the City shall be updated at least every three (3) years, utilizing the amendment procedure set forth in Subsection Q . (3) Amendments to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population therein over at least a ten (10) year period. H. IMPACT FEES PER SERVICE UNIT -(1) The maximum impact fee per service unit for each service area shall be computed by dividing the total costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan for that category of capital improvements by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area. Maximum impact fees per service unit for each service area shall be established by category of capital improvements and shall be as set forth in Exhibit C, attached hereto and made a part of this Chapter by reference. (2) The impact fee per service unit which is to be paid by each new development within a service area shall be that established by Ordinance by the City Coundl, as may be amended from time te time, and shall be an amount less than or equal to the maximum impact fee per service unit established in paragraph (1) above. Impact fees which are to be paid shall be as set forth in Exhibit D, attached hereto and made a part of this Chapter by reference. (3) Impact fee Exhibits C and D may be amended from time to time utilizing the amendment procedure set forth in Subsection Q. I. ASSESSMENT OF IMPACT FEES ( 1) The approval of any new development shall include as a condition the assessment of the impact fee applicable to such development. (2) Assessment of the impact fee for any new development shall be made as follows : (Ordinance No. 1972 of August 27, 1992) (a) 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 for R-1 Single Family Residential, R-1 A Single Family Residential, R-2 Duplex Residential, R-3 Townhouse-Rowhouse, R-4 Apartment/Low Density, R- 5 Apartment Medium Density, R-6 Apartment High Density, and R-7 Mobile Home Park and assessment for all other Zoning Districts shall be at the time of issuance of the building permit, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in Exhibit C, as computed by the procedures set forth in Subsection H(1). The City, in its sole discretion, may provide the subdivider with a copy of Exhibit C prior to final plat approval, but such shall not constitute assessment within the meaning of this Chapter. (Ordinance No. 22" of May 21,1997) (b) For a development which has received final plat approval prior to the effective date of this Chapter and for which no replatting is necessary prior to issuance for a permit, assessment shall be on the effective date of this ordinance, and shall be the amount of the maximum impact fee per service unit set forth in Exhibit C. (c) For land on which new development is approved to occur without platting after the effective date of this Chapter, assessment shall be at the time of issuance of a permit for connection to the water or sewer system. (3) Following assessment of the impact fee pursuant to paragraph (2)(b) above, the amount of the impact fee per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval, in which case new assessment shall occur at the Exhibit Crate then in effect. (4) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application for such development is filed. (5) An application for an amending plat made pursuant to V.T..C.S., Local Government Code , Section 212.016 is not subject to reassessment for an impact fee. (Ordinance No. 1972 of August 27, 1992) J. COMPUTATION AND COLLECTION OF IMPACT FEES (1) The impact fees due for the new development shall be collected prior to or at the time of final plat recordation for roadway facilities, water and sanitary sewer facilities unless an agreement between the developer and the City has been executed providing for a different time of payment. (Ordinance No. 2213 of October 10. 1996) (2) The impact fees due for land on which new development occurs or is proposed to occur without platting, impact fees shall be collected at the time of issuance of a permit for connection to the water or sewer system . (3) Following the filing and acceptance of an application for a building permit or the request for connection to the City's water or sanitary sewer system, the City shall compute the impact fees due for the new development in the following manner. (a) The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the service area using Exhibit D. The number of service units shall be determined by using the conversion . table contained in the impact fee capital improvements plan. (b) The amount of each impact fee due shall be reduced by an allowable offsets or credits for that category of capital improvements, in the manner provided in Subsection L. (c) The total amount of the impact fees due for the new development shall be calculated and attached to the development application or request for connection as a condition of approval. (4) The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the fee assessed per service unit pursuant to Subsection H by the number of service units generated by the development. (5) If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using Exhibit D then in effect, with credits for previous payment of fees being a-pplied against the new fees due. (6) Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using Exhibit D then in effect and such additional fee shall be collected either prior to or at the time of issuance of a new building permit, in the case of impact fees for roadway facilities, or prior to or at the time of enlargement of the connection to the City's water or sanitary sewer system, in the case of impact fees for water or sanitary sewer facilities. (7) In its sole discretion, the City may permit the developer .or pr<?perty owner, upon written application, to pay impact fees for all or a portion of a single-family residential lots at the time of final plat recording for such development, in the amounts provided in paragraph (2) of this Subsection. K. SUSPENSION OF FEE COLLECTION (1) For any new development which has received final plat approval prior to August 27 , 1992, in accordance with Texas Local Government Code, Chapter 212, or pursuant to the City's subdivision regulations, the City may assess, but shall not collect any impact fee as herein defined, on any service unit for which a valid building permit is issued within one (1) year subsequent to the effective date of this Chapter. (2) If the building permit, which is obtained within the period provided for in paragraph (1) above, subsequently expires, and no new application is made and approved within such period , the new development shall be subject to the payment of an impact fee, as provided in Subsection J. (3) During such one (1) year period, the City may impose and collect on such new development pro rata fees including lot or acreage fees for sanitary sewer improvements pursuant or front footage charges for sanitary sewer and water lines which have been previously installed by the City pursuant to Section 3 of Chapter 11 of the Code of Ordinances, as amended, and may accept deposits in escrow for roadway facilities pursuant to the City's subdivision regulations. After the expiration of such period, collection of all such fees, charges or deposits in escrow, unl~ss elsewhere expressly authorized , shall be suspended and fees shall be collected for such new developments pursuant to the provisions of this Chapter. l. OFFSETS AND CREDITS AGAINST IMPACT FEES (1) The City shall offset the reasonable value of any area-related facilities or other roadway facilities, pursuant to rules established in this section or pursuant to guidelines and which have been dedicated to and have been received after initial acceptance by the City on or after August 27, 1992, including the value of rights-of-way for roadways, or capital improvements constructed pursuant to an agreement with the City, against the amount of the impact fee due for that category of capital improvement. (2) The City shall credit pro rata charges, including lot or acreage fees or charges , which have been paid pursuant to Section 3 of Chapter 11 of the Code of Ordinances, as amended, and eligible escrow fees deposited for roadway facilities prior to the effective date of this Chapter, and during the one (1) year period following adoption of this ordinance, during which impact fees established herein may not be collected for certain new developments pursuant to Subsection K, against the amount of an impact fee due for that category of capital improvement, subject to guidelines established for the City. (3) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. (a) No offset or credit shall be given for the dedication or, construction of siterelated facilities. (b) No offset or credit shall exceed an amount equal to the eligible value of the offset multiplied by a fraction, the numerator of which is the impact fee per service unit due for the new development as computed using Exhibit D and the denominator of which is the maximum impact fee per service unit for the new development as computed using Exhibit C. (c) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the impact fees capital improvements plan for the category of facility within the service area for which the impact fee is imposed. (d) No offsets shall be given for roadway facilities which are not identified within the applicable impact fees capital improvements plan, except that offsets may be given for the value of dedicated rights-of-way or the value of constructed capital Improvements for roadways designated in the City's Thoroughfare Plan built to City standards and initially accepted by the City. Offsets may only be given for dedications or construction made and initially accepted after January 1, 1984. (e) No credit shall be given for roadway facilities which are not identified within the applicable impact fees capital improvements plan , except that credit may be given for money deposits (other than impact fees) paid to the City toward the costs of rights-of-way or the costs of construction capital improvements for eligible roadways designated in the City's Thoroughfare Development Plan built to City standards and initially accepted by the City. Credit may only be given for rights-of-way acquired or construction completed and initially accepted by the City. Credit may only be given for rights-of-way acquired or construction completed and initially accepted after January 1, 1984. (f) Offsets or credits given for new developments which have received final plat approval prior to the effective date of this Chapter, or offsets or credits acquired for new developments during the one (1) year period specified in Subsection K, shall be reduced by subtracting an amount equal to the impact fees which would have been due for the number of existing service units using Exhibit D adopted hereby. (g) 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 ordinance or within such period as may be otherwise designated by contract, such offset or credit shall lapse. (h) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Chapter or for any amount exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. (4) An applicant for new development must apply for an offset or credit against impact fees due for the development either at the time of application for final plat approval or (1) for roadway fees, at the time of building permit application, and (2) for water and sewer fees, at the time of connection, unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City on a fort provided for such purpose. The contents of the petition shall be established by administrative guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which amount and the date of the determination shall be associated with the plat for the new development. (5) The available offset or credit associated with the plat shall be. applied against an impact fee in the following manner. (a) For single-family residential lots in a new development consisting only of single-family residential lots which have received final plat approval, such offset or credit shall be prorated equally among such lots and shall remain applicable to such lots, to be applied at the time of filing and acceptance of an application for a building permit or connection, as appropriate against impact fees due. (b) For all other types of new development, including those involving mixed uses, which have received final plat approval, the offset or credit applicable to the plat shall be applied to the impact fee due at the time of issuance of the first building permit or connection to which the offset or credit is applicable, and thereafter to all subsequently issued building permits or connections, until the offset or credit has been exhausted. (c) At its sole discretion, the City may authorize alternative credit or-offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. M. ESTABLISHMENT OF ACCOUNTS (1) The City's Finance Department shall establish an account to which interest is allocated for each service area for each category of capital facility for which an impact fee is imposed pursuant to this Chapter. Each impact fee collected within the service area shall be deposited in such account. (2) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in Subsection N. (3 ) The City's Finance Department shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Subsection N. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to cant' out the purposes and intent of this Chapter, provided, however, that any fee paid 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. (4) The City's Finance Department shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. (5) The Finance Department shall maintain and keep adequate financial records for said account which shall show the source and disbursement of all funds placed in or expended by such account. N. USE OF PROCEEDS OF IMPACT FEE ACCOUNTS (1) The impact fees collected for each service area pursuant to this Chapter may be used to finance or to recoup the costs of any capital improvements or facilities expansions identified in the applicable impact fee capital improvements plan for the service area, including the construction contract price, 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 impact fee capital improvements plan who is not an employee of the political subdivision. Impact 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. (2) Impact fees collected pursuant to this Chapter shall not be used to pay for any of the following expenses: (a) construction , acquisition or expansion of capital improvements or assets other than those identified in the applicable impact fee capital improve- ments plan; (b) repair, operation, or maintenance of existing or new capital improvements or facilities expansions; (c) upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (d) upgrading , expanding or replacing existing capital improvements to provide better service to existing development; provided, however, that impact 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; (e) administrative and operating costs of the City; or (f) roadway facilities or roadway expansions in the extraterritorial jurisdiction of the City. (g) In the event that a capital improvement or facility expansion involves more than one (1) service area for a particular category of capital improvement, funds from each service area involved may be pooled to finance the project; provided, however, that in the event the funds expended from any service area exceed the proportionate share of the costs of the facilities attributable to the development in such service area, such account shall be credited in the amount exceeding such share, to be repaid from impact fee proceeds collected in other contributing service areas. 0 . APPEALS (1) The property owner or applicant for new development may appeal the following decisions to the City Council: (1) applicability of an impact fee to the development; (2) the amount of the impact fee due; (3) the availability or the amount of an offset or credit; (4) the application of an offset or credit against any impact fee due ; (5) the amount of a refund due, if any . (2) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining offsets and credits. (3 ) The appellant must file a notice of appeal with the City Secretary within thirty (30) days following the decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. P. REFUNDS (1) Any impact fee or portion thereof collected pursuant to this Chapter, which has not been expended within the service area within ten (10) years from the date of payment, shall be refunded , upon application, to the record owner of the property at the time the refund is paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with 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, Revised Statutes (Article 5069-1 .03 , Vernon's Texas Civil Statutes), or any successor statute. (2) An impact fee collected pursuant to this Chapter shall be considered expended if the total expenditures for capital improvements or facilities expansions authorized in Subsection N within the service area within . ten (1 0) years following the date of payment exceeds the total fees collected for such improvements or expansions during such period. (3) If a refund is due pursuant to paragraphs (1) and (2) above, the City shall pro- rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (4) Upon completion of all the cap ital improvements or facilities expansions identified in the impact fee capital improvements plan for the service area, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based ori actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if. such difference exceeds. the impact fee . paid by more than ten percent (1096). The refvnd to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (5) If the building permit for a new development for which an impact fee has been paid has expired, and a modified or new application has not been filed within six (6) months of such expiration, the City shall, upon written application, refund the amount of the impact fee to the applicant. The City may establish guidelines for refunding of impact fees collected for which construction plans have been abandoned. Q. UPDATES TO PLAN AND REVISION OF FEES (1) The City shall update its land use assumptions and impact fees capital i01proven_:ients plans and shall recalculate its impact fees not less than once every three years in accordance with the procedures set forth in Texas Local Government Code Section 395.052, or in any successor statute. (2) The City may review its land use assumptions, impact fee capital improvements plans, and other factors such as market conditions more frequently than provided in paragraph (1) above to determine whether the land use assumptions and impact fee capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Exhibit D collection rates should be increased, decreased, or otherwise changed. R. FUNCTIONS OF ADVISORY COMMITIEE (1) The-Advisory Committee shall perform the following functions: (a) advise arid assist the City in adopting land use assumptions; (b) review the impact fee capital improvements plans and file written comments thereon; (c) monitor and evaluate implementation of the impact fee capital improve- ments plans; (d) advise the City of the need to update or revise the land use assumptions, impact fee capital improvements plans and impact fees; and file a semiannual report evaluating the progress of the City in achieving the impact fee capital improvements plans and identifying any prob lems in implementing the plans or administering the impact fees . (2) The City Council shall adopt, by resolution, procedural rules by which the Advisory Committee may carry out its duties. (3) The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the impact fee capital improvements plans. S. AGREEMENT FOR CAPITAL IMPROVEMENTS ( 1) An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the City, by entering into an agreement with the City prior to the issuance of any b.uilding p_ermit for the development. The agreement shall be on a form approved by the City, and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessary by the City. The agreement shall provide for the method to be used to determine the amount of the offset to be given against impact fees due for the development. (2) In the event that the City elects to reimburse an owner for the dedication, con- struction or financing of a capital improvement or facility expansion designated in the impact fee capital improvements plan, the terms of reimbursement shall be incorporated in the agreement required by paragraph (1) above. T. USE OF OTHER FINANCING MECHANISMS ( 1) The City may finance capital improvements or facilities expansions designated in the impact fee capital improvements plan through the issuance of bonds, 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 impact fees. (2) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charg~ or assessment which is lawfully imposed on and due against the property. (3) The City may pay all or part of impact fees due for a new development taking into account available offsets and credits pursuant to duly adopted criteria. U. IMPACT FEE AS ADDITIONAL AND SUPPLEMENTAL REGULATION Impact fees established by this Chapter are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of City's Comprehensive Plan, the impact fee capital improvements plan, the 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. V. RELIEF PROCEDURES (1) Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the City Council to determine whether any duty required by this ordinance 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 Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence with sixty (60) days of the date of the request and to continue until completion. (2) The City Council may grant a variance or waiver from any requirement of this ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would when regarded as a whole result in confiscation of the property. (3) The City Council may grant a waiver from any requirement of this ordinance on other grounds, as may be set forth in administrative guidelines. (4) If the City Council grants a variance or waiver to the amount of the impact fee due for a new development under this Section, it shall cause to be appropriated from other City funds the amount of the reduction in the impact fee to the account for the service area in which the property is located. W. EXEM PTION FROM ORDINANCE Any building permit application which was duly accepted for filing prior to the effective date of this Chapter and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires. SECTION II: ROADWAY FACILITIES FEES (Reserved) (Ordinance No . 1972 of August 27, 1992) SECTION Ill: WATER FACILITIES FEES A. WATER SERVICE AREA (1) There is hereby established a water benefit area, constituting the Service Area as depicted on Exhibit A, attached hereto and incorporated herein by reference. (2) The boundaries of the water benefit area may be amended from time to time and new water benefit areas may be delineated, pursuant to the procedures in Section I, Subsection Q. 8 . WATER IMPROVEMENTS PLAN (1) The Water Improvements Plan for the Service Area is hereby adopted as Exhibit B, attached hereto and incorporated by reference herein. (2) The Water Improvements Plan may be amended from time to time, pursuant to the procedures In Section I, Subsection Q . C. WATER FACILITIES FEES (1) The maximum impact fees per service unit for water facilities are hereby adopted and incorporated in Exhibit C attached hereto and made a part hereof by reference. (2) The impact fees per service unit for water facilities, which are to be paid by each new development, are hereby adopted and incorporated in Exhibit D attached hereto and made a part hereof by reference. (3) The impact fees per service unit for water facilities may be amended from time to time, pursuant to the procedures in Section 1, Subsection Q. (Ordinance No . 2385 of April 22, 1999) SECTION IV: SEWER FACILITIES FEES A. SANITARY SEWER SERVICE AREA (1) There is hereby established a sanitary sewer benefit area, constituting the Service Area as depicted on Exhibit A, attached hereto and incorporated herein by reference. (2) The boundaries of the sanitary sewer benefit area may be amended from time to time, and new sanitary sewer benefit areas may be delineated, pursuant to the procedures in Section I, Subsection Q . B. SANITARY SEWER IMPROVEMENTS PLAN (1) The Sanitary Sewer Improvements Plan for the Service Area is hereby adopted as Exhibit B, attached hereto and incorporated by reference herein. (2) The Sanitary Sewer Improvements Plan may be amended from time to time, pursuant to the procedures in Section I, Subsection Q . C. SANITARY SEWER FACILITIES FEES (1) The maximum impact fees per service unit for sanitary sewer facilities are· hereby adopted and incorporated in Exhibit C attached hereto and made a part hereof by reference. (2) The impact fees per service unit for sanitary sewer facilities, which are to be paid by each new development, are hereby adopted and incorporated in Exhibit D attached hereto and made a part hereof by reference. (3) The impact fees per service unit for sewer facilities may be amended from time to time, pursuant to the procedures in Section I, Subsection Q . SECTION V: DRAINAGE FACILITIES FEES (Reserved) (Ordinance No. 1972 of August 27, 1992) NOTE: SEE: Resolution No. 12-11 -97-6-b approved by Council on December 12, 1997, adopting land use assumptions, capital improvements, and sanitary sewer impact fees for Service Area 97- 01 (Pebble Hills/Greens Prairie Road area), page 15-41 . SEE: Resolution No. 12-11-97-6-c approved by Council on December 12, 1997, adopting land use assumption, capital improvements and sanitary sewer impact fees for Service Area 97-02 (Lick Creek/Nantucket area), page 15-60. SEE: Resolution No . 7-22-99-3.3 approved by Council on April 22, 1999, adopting land use assumption , capital improvements and sanitary sewer impact fees for Service Area 99 -01 (along northeastern right-of-way of S.H. 6), page 15- Table 2·1A (Graham Road Extension) POPULATION AND LAND USE PROJECTIONS FOR AREA 92-01 CITY OF COLLEGE STATION 2005 LAND USE ACRES Floodplain & Streams 9.6 1.90% Industrial R & D 38.6 7.64% Institutional 48.6 9.62% Office 0.0 0.00% Park 37.8 7.49% Residential Attached 42.8 8.48% Retail Neighborhood 0.0 0.00% Retail Regional 31.5 6.24% Rural 35.8 7.09% Single Family Residential High Density 0.0 0.00% Single Family Residential Low Density 57.0 11.29% Single Family Residential Medium Density 117.5 23.27% Transitional 0.0 0.00% Subtotal Land Uses {a) 419.2 83.01% TOTAL GROSS ACRES 505.0 100.00% Population 3,046 Population per Urban Acres 7.27 Population per Total Acres 6.03 2015 Full Buildout ACRES % ACRES · % 9.6 1.90% 9.6 1.90% 41 .7 8.25% 51.0 10.10% 48.6 9.62% 48.6 9.62% 1.3 0.26% 5.3 1.05% 37.8 7.49% 37.8 7.49% 42.8 8.48% 42.8 8.48% 0.0 0.00% 0.0 0.00% 31 .5 6.24% 31.5 6.24% 27.0 5.34% 0.0 0.00% 0.0 0.00% 0.0 0.00% 82.7 16.37% 160.9 31.86% 117.5 23.27% 117.5 23.27% 0.0 0.00% 0.0 0.00% 440.4 87.21% 505.0 100.00% 505.0 100.00% 505.0 100.00% 3,406 4,502 7.73 8.92 6.74 8.92 Table 2-1 B (Spring Creek Sewer) POPULATION AND LAND USE PROJECTIONS FOR AREA 97-01 CITY OF COLLEGE STATION 2005 LAND USE ACRES % Floodplain & Streams 15.6 0.65% Industrial R & D 0.0 0.00% Institutional 11.6 0.48% Office 0.0 0.00% Park 29.8 1.24% Residential Attached 0.0 0.00% Retail Neighborhood 0.0 0.00% Retail Regional 5.2 0.22% Rural 1,477.3 61.63% Single Family Residential High Density 0.0 0.00% Single Family Residential Low Density 330.4 13.78% Single Family Residential Medium Density 318.9 13.30% Transitional 0.0 0.00% Subtotal Land Uses (a) 2, 188.8 91.31% TOTAL GROSS ACRES 2,397.0 100.00% Population 2,504 Population per Urban Acres 1.14 Population per Total Acres 1.04 2015 Full Buildout ACRES % ACRES % 281.5 11. 74% 281.5 11. 74% 205.2 8.56% 205.2 8.56% 77.9 3.25% 77.9 3.25% 6.9 0.29% 6.9 0.29% 29.8 1.24% 29.8 1.24% 28.4 1.18% 28.4 1.18% 10.5 0.44% 10.5 0.44% 208.7 8.71% 208.7 8.71% 111.8 4.66% 111 .8 4.66% 35.8 1.49% 35.8 1.49% 1,055.9 44.05% 1,055.9 44.05% 318.9 13.30% 318.9 13.30% 0.0 0.00% 0.0 0.00% 2,371.3 98.93% 2371.3 98.93% 2,397.0 100.00% 2,397.0 100.00% 9,209 9,209 3.88 3.88 3.84 3.84 Table 2-1C (Alum Creek Sewer Line) POPULATION AND LAND USE PROJECTIONS FOR AREA 97-028 CITY OF COLLEGE STATION 2005 lAND USE ACRES "lo Floodplain & Streams 0.0 0.00% Industrial R & D 2.4 0.32% Institutional 11.6 1.54% Office 0.0 0.00% Park 0.1 0.01% Residential Attached 0.0 0.00% Retail Neighborhood 0.0 0.00% Retail Regional 8.9 1.18% Rural 538.2 71.57% Single Family Residential High Density 0.0 0.00% Single Family Residential Low Density 96.0 12.77% Single Family Residential Medium Density 5.3 0.70% Transitional 0.0 0.00% Subtotal Land Uses (a) 662.5 88.10% TOTAL GROSS ACRES 752.0 100.00% Population 43 Population per Urban Acres 0.06 Population per Total Acres 0.06 A6RES 2015 Full Buildout % ACRES % 114.8 15.27% 114.8 15.27% 115.2 15.32% 115.2 15.32% 30.6 4.07% 30.6 4.07% 0.0 0.00% 0.0 0.00% 6.6 0.88% 6.6 0.88% 45.0 5.98% 45.0 5.98% 0.0 0.00% 0.0 0.00% 168.4 22.39% 168.4 22.39% 0.0 0.00% 0.0 0.00% 89.1 11.85% 89.1 11.85% 96.0 12.77% 96.0 12.77% 81.4 10.82% 81.4 10.82% 0.0 0.00% 0.0 0.00% 747.1 99.35% 747.1 99.35% 752.0 100.00% 752.0 100.00% 500 500 0.67 0.67 0.66 0.66 Table 2-1 D (Harley Water Line) PO PULATION AND LAND USE PROJECTIONS FOR AREA 99-01 CITY OF COLLEGE STATION 2005 LAND USE ACRES % Floodplain & Streams 0.0 0.00% Industrial R & D 0.0 0.00% Institutional 0.0 0.00% Office 0.0 0.00% Park 0.0 0.00% Residential Attached 0.0 0.00% Retail Neighborhood 0.0 0.00% Retail Regional 9.1 5.87% Rural 132.7 85.61% Single Family Residential High Density 0.0 0.00% Single Family Residential Low Density 13.2 8.52% Single Family Residential Medium Density 0.0 0.00% Transitional 0.0 0.00% Subtotal Land Uses (a) 155.0 100.00% TOTAL GROSS ACRES 155.0 100.00% Population 12 Population per Urban Acres 0.08 Population per Total Acres 0.08 ACRES 2015 Full Buildout % ACRES % 57.9 37.35% 57.9 37.35% 0.0 0.00% 0.0 0.00% 0.0 0.00% 0.0 0.00% 0.0 0.00% 0.0 0.00% 21 .2 13.68% 21.2 13.68% 8.7 5.61% '8.7 5.61%' 0.0 0.00% 0.0 0.00% 43.9 28.32% 43.9 28.32% 0.0 0.00% 0.0 0.00% 0.0 0.00% • 0.0 0.00% 21.4 13.81% 21 .4 13.81% 0.0 0.00% 0.0 0.00% 0.0 0.00% 0.0 0.00% 153.1 98.77% 153.1 98.77% 155.0 100.00% 155.0 100.00% 106 106 0.69 0.69 0.68 0.68 EXHIBIT B: CAPITAL IMPROVEMENTS PROGRAMS Table 2-2 CAPACITY DEMAND FOR EACH NEW LUE CITY OF COLLEGE STATION --AREA Area 92-01 Graham Road Sewer Line Extension Area 97-01 Spring Creek Sewer Line Area 97-028 Alum Creek Sewer Line Area 99-01 Harley Water Line SOURCE: College Station City Staff Table 2-3 CAPACITY PER LUE FOR BASIS WATER/SEWER LINES Peak Day 1,068 gallons daily Peak Day 1,068 gallons daily Peak Day 1,068 gallons daily Peak Day 668 gallons daily CONVERSION OF LAND USES TO LIVING UNITS EQUIVALENT CITY OF COLLEGE STATION LANO USE Water Sewer Floodplain & Streams 1.00 Industrial R & D 1.87 Institutional 2.33 Office 3.01 Park 1.00 Residential Attached 13.60 Retail Neighborhood 4.55 Retail Regional 5.55 Rural 0.00 Single Family Residential High Density 13.00 Single Family Residential Low Density 0.40 Single Family Residential Medium Density 4.50 Transitional 0.00 (a) Source: City of College Station, 2_ 13_08 Densities _ Update Report_lmpact Fees.DOC. 1.00 1.62 2.10 2.87 1.00 13.60 3.77 4.07 0.00 13.00 0.40 4.50 0.00 Table 2-4 LU.E EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS CONTINUOUS . DUTY MAXIMUM METER METER RATE RATIO TO TYPE SIZE (a pm) 518" r(li;Tt:;R SIMPLE 5/8" x 3/4" 10 1.000 SIMPLE 3/4" 15 1.500 SIMPLE 1" 25 2.500 SIMPLE 1 1/2" 50 5.000 SIMPLE 2" 80 8.000 r-------------------------------------------------------------------------------- COMPOUND 2" 80 8.000 ---------------------------------------------~---------------- TURBINE 2" 100 10.000 COMPOUND 3" ________ j.§Q_ _________ 16.000 ~------------------------------------- TURBINE 3" 240 24.000 COMPOUND 4" 250 ---~§~Q9_Q_ ___ -------------------------------------------- TURBINE 4" 420 42.000 ~M~_0Ut-!_Q _____ 6" 500 50.000 -------------------------------~ ----------- TURBINE 6" 920 92.000 COMPOUND 8" 800 80.000 1-------~-----------------------------------------------·------------- TURBINE 8" 1600 160.000 COMPOUND 10" 1150 115.000 1---·------------·-------------------------------- TURBINE 10" 2500 250.000 TURBINE 12" 3300 330.000 Table 2-SA (Graham Road Extension) ESTIMATION OF LIVING UNITS EQUIVALENT FOR AREA 92-01 CITY OF COLLEGE STATION LAND USE Floodplain & Streams Industrial R & D Institutional Office Park Residential Attached Retail Neighborhood Retail Regional Rural Single Family Residential High Density Single Family Residential Low Density Single Family Residential Medium Density Transitional Totals Population per LUE LUEs PER ACRE (a) 1.00 1.62 2.10 2.87 1.00 13.60 3.77 4.07 0.00 13.00 0.40 4.50 0.00 2002 (a) 0 400 70 0 0 0 0 0 0 0 200 0 0 670 ESTIMATED LUEs 2005 2015 Build out 10 10 10 63 67 83 102 102 102 0 4 15 38 38 38 582 582 582 0 0 0 128 128 128 0 0 0 0 0 0 23 33 64 529 529 529 0 0 0 1,475 1,493 1,551 2.07 2.28 2.90. Table 2-58 (Spring Creek Sewer) ESTIMATION OF LIVING UNITS EQUIVALENT FOR AREA 97-01 CITY OF COLLEGE STATION LAND U'SE Floodplain & Streams Industrial R & D Institutional Office Park Residential Attached Retail Neighborhood Retail Regional Rural Single Family Residential High Density Single Family Residential Low Density Single Family Residential Medium Density Transitional Totals Population per LUE LUEs PER ACREfal 1.00 1.62 2.10 · 2.87 1.00 13.60 3.77 4.07 0.00 13.00 0.40 4.50 0.00 1997 (a) 0 0 27 0 43 0 6 0 0 0 12 227 0 315 ES'FIMATED LUEs 2005 2015 Buildout 16 282 282 0 332 332 24 164 164 0 20 20 30 30 30 0 386 386 0 40 40 21 849 849 0 0 0 0 465 465 132 422 422 1,435 1,435 1,435 0 0 0 1,658 4,425 4,425 1.51 2.08 2.08 Table 2-5C (Alum Creek Sewer Line) ESTIMATION OF LIVING UNITS EQUIVALENT FOR AREA 97-028 CITY OF COLLEGE STATION Floodplain & Streams Industrial R & D Institutional Office Park Residential Attached Retail Neighborhood Retail Regional Rural Single Family Residential High Density Single Family Residential Low Density Single Family Residential Medium Density Transitional Totals Population per LUE LUEs PER ACRE·(a) 1.00 1.62 2.10 2.87 1.00 13.60 3.77 4.07 0.00 13.00 0.40 4.50 0.00 1997 (a) 69 0 42 0 0 0 0 12 0 0 14 28 0 165 ESTIMATED LUEs 2005 2015 Buildout 0 115 115 4 187 187 . 24 64 64 0 0 0 0 7 7 0 612 612 0 0 0 36 685 685 0 0 0 0 1, 158 1,158 38 38 38 24 366 366 0 0 0 126 3,232 3,232 .34 .15 .15 · Table 2-50 (Harley Water Line) ESTIMATION OF LIVING UNITS EQUIVALENT FOR AREA 99-01 CITY OF COLLEGE STATION LAND USE Floodplain & Streams Industrial R & D Institutional Office Park Residential Attached Retail Neighborhood Retail Regional Rural Single Family Residential High Density Single Family Residential Low Density Single Family Residential Medium Density Transitional Totals Population per LUE Ll:JEs PER ACRE (a) 1.00 1.87 2.33 3.01 1.00 13.60 4.55 5.55 0.00 13.00 0.40 4.50 0.00 1999 (.a.) . 0 0 0 0 0 0 0 12 0 0 5 0 0 17 ESTIMATED LUEs 2005 2015 Bulldout 0 58 58 0 0 0 0 0 0 0 0 0 0 21 21 0 118 118 0 0 0 51 244 244 0 0 0 0 0 0 5 9 9 0 0 0 0 0 0 56 450 450 .21 .24 .24 TABLE 2-6A (Graham Road Extension) CIP INVENTORY AND COSTING FOR AREA 92-01 CITY OF COLLEGE STATION TOTAL FACILITY TYPE I NAME CONSTRtlCTION COST MAJOR COLLECTION LINES EXISTING FACILITIES Phase I $372,994 Phase II $46,735 Phase Ill $53,789 ~ Subtotal Existing Facilities $473,51~ FUTURE FACILITIES None Subtotal Future Facilities $~ TOTAL COLLECTION LINES $473,51~ <£:0,f!IS1:R'ii.CTlbNrS,OST TOTAL $4o'73~5:t~s : . TOTAL .% 100.00% 100.00% 100.00% 100.00% .% 0.00% 100.00% FACILITY CAPACITY 2005-2015 CURRENT 2005-2015 POST-2015 CAPITAL COST PER CUSTOMERS GROWTH GROWTH COST LUE . 96.98% 0.72% 2.30% $2,667 100.00% 0.00% 0.00% $0 91 .37% 2.04% 6.58% $1 ,099 96.64% 0.80% 2.56% $3,766 0.00% 0.00% 0.00% $0 96.64% 0.80% 2.56% $3,766 $209.24 $209.24 . TABLE 2-68 (Spring Creek Sewer) CIP INVENTORY AND COSTING FOR AREA 97-01 CITY OF COLLEGE STATION TO:l'AL FACILITY TYPE I NAME CONSTRUCTl©N COST MAJOR COLLECTION LINES EXISTING FACILITIES Phase I $631,215 Phase II $813,752 Subtotal Existing Facilities $1,444,967 FUTURE FACILITIES None Subtotal Future Facilities $£ TOTAL COLLECTION LINES $1,444,96i CONs,r;~lJCTION•.COST T.OTAL $1.,444;96.i. TOTAL ~ 100.00% 100.00% 100.00% ~ 0.00% 100.00% FACILITY CAPACITY 2005-2015 CURRENT 2005-2015 POST-2015 CAPITAL COST PER CUSTOMERS GROWTH GROWTH COST LUE 79.80% 20.20% 0.00% $127,493 49.50% 50.50% 0.00% $410,905 62.74% 37.26% 0.00% $538,398 0.00% 0.00% 0.00% $0 62.74% 37.26% 0.00% $538,398 $194.58 $538,398 $194.58 I TABLE 2-GC (Alum Creek Sewer Line) CIP INVENTORY AND COSTING FOR AREA 97-028 CITY OF COLLEGE STATION TO'FAL FACILITY TYPE I NAME CONs:r:RUCTION COST MAJOR COLLECTION LINES EXISTING FACILITIES Phase I $214,271 Subtotal Existing Facilities $214,271 FUTURE FACILITIES None Subtotal Future Facilities $£ TOTAL COLLECTION LINES $214,271 CONSTRUCTION cos:r 7iQtf:AL $214.,27'1 TOTAL .% 100.00% 100.00% % 0.00% 100.00% FACILITY CAPACITY 2005-2015 CURRENT 2005-2015 POST-2015 CAPITAL COST PER CUSTOMERS GROWTH GROWTH COST LUE 3.90% 96.10% 0.00% $205,917 ' 3.90% 96.10% 0.00% $205,917 0.00% 0.00% 0.00% $0 3.90% 96.10% 0.00% $205,917 $66.30 $205,917 $66.30 TABLE 2-60 (Harley Water Line) CIP INVENTORY AND COSTING FOR AREA 99-01 CITY OF COLLEGE STATION T©'FAL FACILITY TYPE I NAME CONST:RtlCTION CC);ST MAJOR TRANSMISSION LINES EXISTING FACILITIES Phase I $342,978 Subtotal Existing Facilities $342,978 FUTURE FACILITIES None Subtotal Future Facilities $G TOTAL TRANSMISSION LINES $342,978 C(JJNS:T,~t.ICTION COST TOTAL $J"f2;,9:l 8. TO"TAL % 100.00% 100.00% ~ 0.00% 100.00% FACILITY CAPACITY 2005-2015 CURRENT 2005-2-015 POST-2015 CAPITAL COST PER CUSTOMERS GROWTH GROWTH COST LUE 12.44% 87.56% 0.00% $300,296 12.44% 87.56% 0.00% $300,296 0.00% 0.00% 0.00% $0 12.44% 87.56% 0.00% $300,296 $762.17 $300,296 $762.17 Table 2-7 SUMMARY OF CAPITAL COSTS I UTILITY AREA FACILITY TYPE I COST/LUE* I WASTEWATER 92-01 Major Collection $209.24 Study Costs $169.44 TOTAL CA\PITAL COSTS $378.68 WASTEWATER 97-01 Maier Collection $194.58 Study Costs $1 .10 T>OTAL eAPITAL COSTS $195.68 WASTEWATER 97-028 Maier Collection $66.30 Study Costs $0.98 TQ.TAL CA'P/TAL. COSTS $67.28 WATER 99-01 Maier Transmission $672.17 Study Costs $7.74 F0TAt. CA'F'ITAL COSTS $679.91 * An LUE is equal to use by a typical household with a 5/8" water meter. TABLE 3-1A (Graham Road Extension) CATEGORIZATION OF UTILITY DEBT FOR AREA 92-01 CITY OF COLLEGE STATION FACIUTY TYPE I NAME DATE MAJOR COLLECTION Phase I 1993 Phase II 1993 Phase Ill 1993 Subtotal Wastewater Collection QIJFS~MNGJJN<!lDEBj: TOFAL BOND ISSUE TOTAL ISSUE $196,927 $24,674 $28,399 $250,000 $250,000 REMAINJNG f:iRtNCiPAL $75,272 $9,431 $10,855 $95,558 $95,558 FACILITY CAPACITY OUTSTANDING DEBT PRINCIPAL FOR CURRENT PER CURRENT TOTAL CUSTOMERS CUSTOMER 100.00% 96.98% $49.50 100.00% 100.00% $6.39 100.00% 91 .37% $6.72 $62.61 $62.61 TABLE 3-1B (Spring Creek Sewer) CATEGORIZATION OF UTILITY DEBT FOR AREA 97-01 CITY OF COLLEGE STATION FACILITY TYPE I NAME DATE MAJOR COLLECTION Phase I 1998 Phase II 1998 Subtotal Wastewater Collection outs;T,ANDING. DEBT TOTAL BOND ISSUE TOTAL ISSUE $314,523 $405,477 $720,000 $720,0.00 REMAINING PRINCIPAL $236 ,285 $304,616 $540,901 $540;90-1 FACILITY CAPACITY OUTSTANDING TOTAL 100.00% 100.00% DEBT PRINCIPAL FOR CURRENT PER CURRENT CUSTOMERS CUSTOMER 79 .80% $127.84 49 .50% $90.95 $218.79 $218.79 TABLE 3-1C (Alum Creek Sewer line) CATEGORIZATION OF UTILITY DEBT FOR AREA 97-029 CITY OF COLLEGE STATION FACILITY TYPE I NAME B0NE> ISSUE DATE TOTALlSSUE MAJOR COLLECTION Phase I 1998 $396,000 Subtotal Wastewater Collection $396,000 OUTSTANDING DEB-T' r<fHf'AL $39'6,00CJ REMAINING PRINCIPAL $297,496 $297,496 $297,496 FACILITY CAPACITY OUTSTANDING DEBT PRINCIPAL FOR CURRENT PER CURRENT TOTAL CUSTOMERS CUSTOMER 100.00% 3.90% $7.86 $7.86 $7.86 TABLE 3-2A (Graham Road Extension) DERIVATION OF MAXIMUM IMPACT FEES FOR AREA 92-01 THROUGH THE EQUITY RESIDUAL MODEL CITY OF COLLEGE STATION Al "EERNATIVE ADJUSTMENT UTILITY I FACILITY TYPE CONSTRUC:llO'N A 8 COSTS Rate 50% Credit Adjustment . WASTEWATER UTILITY Major Collection $209.24 $62.61 $104.62 CIP/Study Costs $169.44 $0.00 $84.72 Subtotal Wastewater $378.68 $62.61 $189.34 iOTA'LS $3•78;68 . $62:61 $189.34 MAXIMUM FEE AMOUNT A 8 HIGHER OF Rate 50% AorB Credit Adjustment $146.63 $104.62 $146.63 $169.44 $84.72 $169.44 $316.07 $0189.34 $316.07 $316.07 $18.9.34 $316.07 TABLE 3-28 (Spring Creek Sewer) DERIVATION OF MAXIMUM IMPACT FEES FOR AREA 97-01 THROUGH THE EQUITY RESIDUAL MODEL CITY OF COLLEGE STATION A:L11ERNATIVE ADJ,US'.'fMENT UTILITY /FACIUTY TYPE CONSliRUCTIQN A B COSTS Rate 50% Credit Adjustment WASTEWATER UTILITY Major Collection $194.58 $218.79 $97.29 GIP/Study Costs $1 .10 $0.00 $0.55 Subtotal Wastewater $195.68 $218.79 $97.84 T:Oit;ALS $1'9&68 ". $2.1-8.79. $97.84 MAXIMUM FEE AMOUNT A 8 HIGHER OF Rate 50% AorB Credit Adjustment ($24.21) $97.29 $97.29 $1 .10 $0.55 $1 .10 . ($23.11) $97.84 $98.39 ($23.11) $97.84 $98.39 TABLE 3-2C (Alum Creek Sewer Line) DERIVATION OF MAXIMUM IMPACT FEES FOR AREA 97-028 THROUGH THE EQUITY RESIDUAL MODEL CITY OF COLLEGE STATION ALTERNATIVE ADJUSTMENT UTILITY I FACILITY TYPE CONSl"Rl:J.0-RON A B e.GSTS' Rate 50% Credit Adjustment WASTEWATER UTILITY . Major Collection $66.30 $7.86 $33.15 GIP/Study Costs $0.98 $0.00 $0.49 Subtotal Wastewater $67.28 $7.86 $33.64 FQJ?'ALS $67.28 $7.86 $d3.64 MAXIMl:JM FEE AMOUNT A B HiGHEROF Rate 50% AorB Credit Adjustment $58.44 $33.15 $58.44 $0.98 $0.49 $0.98 $59.42. $33.64 $59.42 . $59.42. $;13.64 $59.42 TABLE 3-2D (Harley Water Line) DERIVATION OF MAXIMUM IMPACT FEES FOR AREA 99-01 THROUGH THE EQUITY RESIDUAL MODEL CITY OF COLLEGE STATION All, TERNA TIVE ADJUSTMENT UTIUTY I FAClLIWY TYPE C.Q'NSTRlJCT;l©.N A B COSTS Rate 5.0% Credit Adjustment WASTEWATER UTILITY Major Collection $762.17 $0.00 $381 .09 CIP/Study Costs $7.74 $0.00 $3.87 Subtotal Wastewater $769.91 $0.00 $384.96 TOTALS $769~91 $0.00 $384.96 • . ..... ~ .·.· MAXIMUM FEE AMOUNT A B HIGHER OF Rate 50% A or B Credit Adjustment $762.17 $381 .09 $762.17 $7.74 $3.87 $7.74 $769.91 $384.96 $769.91 $769.91 $384.96 $769.91 EXHIBIT C: MAXIMUM IMPACT FEES TABLE 6_3A (Graham Road Extension) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 92-01, CITY OF COLLEGE STATION M~ER METER . MAXIMUM TYPE SIZE MULTIPLIER IMPACT FEE SIMPLE 5/8" x 3/4" 1.000 $316.07 SIMPLE 3/4" 1.500 $474.11 SIMPLE 1" 2.500 $123.80 SIMPLE 1_1/2" 5.000 $1,580.35 SIMPLE 2" 8.000 $2,528.56 COMPOUND 2" 8.000 $2,528.56 !TURBINE 2" 10.000 $3 ,160.70 COMPOUND 3" 16.000 $5 ,057.12 !TURBINE 3" 24.000 $7,585.68 K;OMPOUND 4" 25.000 $7,901 .75 ITU RB I NE 4" 42.000 $13,274.94 K;~MPOUND 6" 50.000 $15,803.50 !TURBINE 6" 92.000 $29,078.44 COMPOUND 8" 80.00C1 $25,285.60 rruRBINE 8" 160.000 $50,571 .20 COMPOUND 10" 115.000 $36,348.05 TURBINE 10" 250.000 $79,017.50 TURBINE 12" 330.000 $104,303.10 TABLE 6_38 (Spring Creek Sewer) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 97-01, CITY OF COLLEGE STATION ME:tER MEtER MAXIMUM TYPE SIZE MULTIPLIER IMPACT FEE SIMPLE 5/8" x 3/4" 1.000 $98.39 SIMPLE 3/4" 1.500 $147.59 SIMPLE 1" 2.500 $245.98 !SIMPLE 1_1/2" 5.000 $491 .95 SIMPLE 2" 8.000 $787.12 COMPOUND 2" 8.000 $787.12 !TURBINE 2" 10.000 $983.90 COMPOUND 3" 16.000 $1,574.24 lfURBINE 3" 24.000 $2,361.36 COMPOUND 4" 25.000 $2,459.75 TURBINE 4" 42.000 $4,132.38 COMPOUND 6" 50.000 $4,919.50 TURBINE 6" 92.oop $9,051 .88 K;OMPOUND 8" 80.000 $7,871 .20 lfURBINE 8" 160.000 $15,742.40 COMPOUND 10" 115.000 $11 ,314.85 TURBINE 10" 250.000 $24,597.50 TURBINE 12" 330.000 $32,468.70 TABLE 6_3C (Alum Creek Sewer Line) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 97-028, CITY OF COLLEGE STATION l'illETER METER MAXIMUM TYPE SIZE Mtll TIPLIER IMPACT FEE ... S(MPLE 5/8" x 3/4" 1.000 $59.42 SIMPLE 3/4" 1.500 $65.73 SIMPLE 1" 2.500 $148.55 SIMPLE 1_1/2" 5.000 $297.10 SIMPLE 2" 8.000 $475.36 COMPOUND 2" 8.000 $475.36 !TURBINE 2" 10.000 $594.20 COMPOUND 3" 16.000 $950.72 ITU RBI NE 3" 24.000 $1,426.08 COMPOUND 4" 25.000 $1,485.50 TURBINE 4" 42.000 $2,495.64 COMPOUND 6" 50.000 $2,971 .00 TURBINE 6" 92.000 $5,466.64 COMPOUND 8" 80.000 $4,753.60 ITURBINE 8" 160.000 $9,507.20 COMPOUND 10" 115.000 $6,833.30 ITU RBI NE 10" 250.000 $14,855.00 TURBINE 12" 330.000 $19,608.60 TABLE 6_30 (Harley Water Line) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 92-01, CITY OF COLLEGE STATION METER METER MAXJMUM tTYPE SIZE MULTIPLIER IMPACT FEE SIMPLE 5/8" x 3/4" 1.000 $769.91 SIMPLE 3/4" 1.500 $1 , 154.87 !SIMPLE 1" 2.500 $1 ,924.78 ~IMPLE 1_1/2" 5.00Q $3,849.55 SIMPLE 2" 8.000 $6,159.28 COMPOUND 2" 8.000 $6,159.28 !TURBINE 2" 10.000 $7,699.10 COMPOUND 3" 16.000 $12,318.56 !TURBINE 3" 24.000 $18,477.84 COMPOUND 4" 25.000 $19,247.75 TURBINE 4" 42.000 $32,336.22 COMPOUND 6" 50.000 $38,495.50 TURBINE 6" 92.000 $70,831.72 COMPOUND 8" 80.000 $61 ,592.80 TURBINE 8" 160.000 $123,185.60 COMPOUND 10" 115.000 $88,539.65 !TURBINE 10" 250.000 $192,477.50 TURBINE 12" 330.000 $254,070.30 EXHIBIT D: IMPACT FEES CHARGED ORDINANCE NO. 3060 ------- TABLE 6_3A (Graham Road Extension) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 92-01, CITY OF COLLEGE STATION METER METER MAXIMUM !TYPE SIZE MULTIPLIER IMPACT FEE SIMPLE 518" x 3/4" 1.000 -$316.07 SIMPLE 3/4" 1.500 $474.11 SIMPLE 1" 2.500 $123.80 SIMPLE 1_ 1/2" 5.000 $1 ,580.35 SIMPLE 2" 8.000 $2,528.56 COMPOUND 2" 8.000 $2,528.56 TURBINE 2" 10.000 $3,160.70 COMPOUND 3" 16.000 $5,057.12 TURBINE 3" 24.000 $7,585.68 COMPOUND 4" 25.000 $7,901.75 !TURBINE 4". 42.000 $13,274.94 COMPOUND 6" 50.000 $15,803.50 ITU RB I NE 6" 92.000 $29,078.44 COMPOUND 8" 80.000 $25,285.60 !TURBINE 8" 160.000 $50,571 .20 COMPOUND 10" 115.000 $36,348.05 ITU RBI NE 10" 250.000 $79,017.50 TURBINE 12" 330.000 $104,303.10 Page 63 ORDINANCE NO. 3060 ------- TABLE 6_38 (Spring Creek Sewer) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 97-01, CITY OF COLLEGE STATION METER METER MAXIMUM !TYPE SIZE MULTIPLIER -IMPACT FEE SIMPLE 5/8" x 3/4" 1.000 $98.39 SIMPLE 3/4" 1.500 $147.59 SIMPLE 1" 2.500 $245.98 SIMPLE 1_1/2" 5.000 $491 .95 SIMPLE 2" 8.000 $787.12 COMPOUND 2" 8.000 $787.12 TURBINE 2" 10.000 $983.90 COMPOUND 3" 16.000 $1,574.24 TURBINE 3" 24.000 $2,361 .36 COMPOUND 4" 25.UOO $2,459.75 TURBINE 4" 42.000 $4,132.38 COMPOUND 6" 50.000 $4,919.50 TURBINE 6" 92 .000 $9,051 .88 COMPOUND 8" 80.000 $7,871 .20 rJ"URBINE 8" 160.000 $15,742.40 COMPOUND 10" 115.000 $11,314.85 rJ"URBINE 10" 250.000 $24,597.50 rJ"URBINE 12" I $32,468.70 330.000 Page 64 ORDINANCE NO. 3060 ------- TABLE 6_3C (Alum Creek Sewer Line) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES ARl;,A 97-028, CITY OF COLLEGE STATION METER METER MAXIMUM !TYPE SIZE MULTIPLIER IMPACT FEE - SIMPLE 5/8" x 3/4" 1.000 $59.42 SIMPLE 3/4" 1.500 $65.73 SIMPLE 1" 2.500 $148.55 SIMPLE 1_1/2" 5.000 $297.10 SIMPLE 2" 8.000 $475.36 COMPOUND 2" 8.000 $475.36 rTURBINE 2" 10.000 $594.20 COMPOUND 3" 16.000 $950.72 rTURBINE 3" 24.000 $1,426.08 !COMPOUND 4" 25 .000 $1,485.50 rTURBINE 4" 42.000 $2,495.64 COMPOUND 6" 50.000 $2,971.00 TURBINE 6" 92.000 $5,466.64 COMPOUND 8" 80.000 $4,753.60 TURBINE 8" 160.000 $9,507.20 COMPOUND 10" 115.000 $6,833.30 TURBINE 10" 250.000 $14,855.00 TURBINE 12" 330.000 $19,608.60 Page 65 ORDINANCE NO. 3060 ------- TABLE 6_30 (Harley Water Line) MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES AREA 92-01, CITY OF COLLEGE STATION METER METER MAXIMUM iTYPE SIZE MULTIPLIER IMPACT FEE SIMPLE 518" x 3/4" 1.000 $769.91 SIMPLE 3/4" 1.500 $1,154.87 SIMPLE 1" 2.500 $1 ,924.78 SIMPLE 1_1/2" 5.000 $3,849.55 SIMPLE 2" 8.000 $6,159.28 COMPOUND 2" 8.000 $6,159.28 TURBINE 2" 10.000 $7,699.10 COMPOUND 3" 16.000 $12,318.56 TURBINE 3" 24.000 $18,477.84 COMPOUND 4" 25.000 . $19,247.75 TURBINE 4" 42.000 $32,336.22 COMPOUND 6" 50.000 $38,495.50 TURBINE 6" 92.000 $70,831 .72 COMPOUND 8" 80.000 $61,592.80 TURBINE 8" 160.000 $123,185.60 COMPOUND 10" 115.000 $88,539.65 TURBINE 10" 250.000 $192,477.50 ifURBINE 12" 330.000 $254,070.30 Page 66 City-wide Impact Fee Area N Po sible Futu e Impact Fee Areas Triangle Bordered by Rock Prairie Road, Greens Prairie Road and SH 6: Sewer West Side: Water and Sewer Impact Fee Enabling Act The Tex as legislature amended the state's impact fee enabling act, effective September 1, 2001. Credits again st the impact fees for other taxes or fees that would be paid by new development and used for capital improvements of the same facility type as the impact fee are now required. As an alternative to performing a revenue credit calculation , cities can simply reduce the impact fees by 50 percent. In addition, the amount of time between mandatory u pdates was increased from three to five years. Finally, the number of pub lic hearings required b efore impact fees could be updated was reduced from tw o to one (two are still required for initial adoption). P ost-Adoption Requirements );> Every 5 years );> Adjust Impa t Fee according to a c tual construction cost (first adjustment, only) );> Analyze and adjust Land Use assumptions );> Rebate portion of Impact Fee if adjusted fee is lower than estimated );> Amend Comprehensive Plan regarding Land Use );> Amend Comprehensive Plan regarding Utilitie s );> Every year );> Issue letter of compliance with § 395 to State Attorney General's office. The Adoption of Impact Fee Ordinances ~ Land Use Assutnptions ~Analyze existing conditions ~ Determine service areas ~Project ten-year growth patterns ~ Ultimate (or ''built out'') growth projectio ns ~Th e Capital ltnprovetnents Plan ~ Construct facility ~ C ollect fees Fee: $300.00 per Living Unit Equivalent e . ..I.. a se Sewerline 97-02B Alum Creek Sewerline Fee: $243.38 per Living Unit Equivalent 97-01 Sprin Fee: $349.55 per Living Unit Equivalent Creek Sewerline 92-01 Graham Road Sewerline Fee: $232.04 per Living Unit Equivalent Fee: $550.00 per Living Unit Equivalent 99-01 ar Waterline Impact Fee Areas 5 Existing a ct Fee Areas WATER • 99-01 Harley Waterline SEWER • 92-01 Grahatn Road Sewerline • 97-01 Spring Creek Sewerline • 97 -02B Alutn Creek Sewerline • 03-02 Steeplechase Sewerline "Impact fees, like other forms of development exactions, are imposed as a condition of development approval to mitigate impacts on public facilities and services generated by the development project. The principal use of impact fees, which distinguishes them from traditional subdivision exactions, is the financing of off-site capital facilities to support new growth." Morgan, T. "The Effect of State Legislation on the Law of Impact Fees, With Special Emphasis on Texas Legislation," 18th Annual Institute on Planning, Zoning an d Eminent Domain. ' IMPAC T FEES City @f C@llege Stati©n Ad@pted @rdinances In Acc©rdance With Texas L@cal G@vernm.ent C@de § 395 ates-mpact From: ~11Mayo To: Jane Kee Date: 1/2/01 10:56AM Subject: Three Year Updates-Impact Fees 97-01 & 97-028--Revised Land Use Assumptions Jane, we need to initiate the process for the mandatory 3 year updates for impact fee areas 97-01 & 97-028. The CIP for 97-028 is complete and the CIP for 97-01 will be completed in March. It looks as if the actual costs will be at least 25% below the original estimates. If I can be of assistance with the revised LUEs let me know. Thanks College Station, Embracing the Past, Exploring the Future CC: Jim Callaway age 1 ~,,,-.,.;.,,.,,_.,.;.:;;.;..;.·,,,,,,.:;..,,,,,.; .. ;...~,.;,,,;;.;.;.r.,-:;.~.~.,,;.,.:;:.;; .. ;:;,.,. .. ,,.,,,,,,,..x.,.·,,,,.,,·=·»wwyw··xw·»w··m-<>WW»W.»»'W<"'"'"'Y«''X'X'''""'>"'W"Y-WY"O'-XW<Y""»YWWW>"y<W)'WY>"'X"'»»"''"•mnx»>Y"'r:'~.);l.~«·!J From: To: Date: Subject: Kathy Hubbard VMORGAN@CITY OF COLLEGE STATION.CITY HALL 3/16/99 9:21AM Re: Impact Fees Veronica, here are the account numbers for the new impact fee areas: 1. Spring Creek Sewer Line (Area 97-01) 239-0000-322-10-02 2. Alum Creek Sewer Line (Area 97-02b) 239-0000-322-10-03 3. Harley-Davidson Water Line (Area 99-01) 238-0000-322-10-04 CC: Carol Arnold, Lisa Hankins I Ted Mayo -Impact Fee Status --I VCt"'':'G. From: To: Date: Subject: Bob Mosley Ted Mayo 2/22/00 11 :22AM Impact Fee Status 97-028 Alum Creek Project Number SS-9808 Completed 11/12/99 Total expenditure from AS400= $214553.67 (Young Contractors $183,838.87, MDG Engineering $22372.62) 97-01 Spring Creek Phase I Project Number SS-9809 Completed 9/20/99 Total expenditure from AS400= $671,245.69 (Texcon Contractors $587,889.50) 99-01 Harley Water Line Phase I Project Number WT-9905 Completed 11/11/99 Total expenditure from AS400= $148,316.78 (Young Contractors $125,654, Mike Hester Engineering $15,760) Page 1 I Memorandum To: Planning and Zoning Commissioners From: Ted Mayo, Assistant City Engineer Date: 08/31/01 Re: Progress Report--Impact Fees 92-01, 97-01, 97-02B, 99-01 The City of College Station Ordinance Chapter 15, Impact Fees, designates the Planning and Zoning Commission as the advisory committee for review, advisement, and monitoring of proposed and existing impact fees. More specifically, the advisory committee is established to: 1. Advise and assist the City in adopting Land Use assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semiannual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. Currently the City of College Station has four impact fees in existence. The following is a status report for each of the four impact fees : 92-01--Sanitary Sewer (Graham Road) ( 508 ac.) $232.04/LUE This fee was initially implemented in 1992 @$152.18 /LUE and was revised in 1996 to $289.77/LUE after approval of updated Land use Assumptions and Capital Improvements Plan ( CIP ). The fee was revised again in September 2000 to the current $232.04. The CIP consisted of three phases (Figure 8) which have all been completed at a combined cost of $452,070. Fees collected through July 2001 total $194,850. In addition $30,502 was collected prior to 1995 for connection fees for industrial properties along Graham Road related to annexation agreements. Figure 2 shows existing land uses as of March 2000.In the last year 59 acres have developed. This includes Edelweiss Phase 7-B (15 ac.), Covenant Presbyterian Church (10 ac.) and Sun Meadows Phase I (36 ac.). At the present there are 391 acres developed in this area leaving 117 acres undeveloped. 97-01--Sanitary Sewer (Spring Creek) ( 2000 ac.) $349.55/LUE ' I I August 31 , 2001 This fee was implemented in December 1997. The Capital Improvements Plan is shown by Figure 4 and the existing land use in 1997 is shown by Figure 2. The CIP consists of Phase I (east of Hwy 6) and Phase II (west of Hwy 6 ). Phase I estimated to cost $1,000,000 was completed in 1999 at a cost of $671 ,246. Phase II was estimated to cost $1,350,000 and be constructed in 2000. At the present the line is basically complete with a projected cost of $925,099. As of the end of July 2001 $89,834 of impact fees have been assessed in this area. This includes Woodland Hills Phases I&II consisting of 111 single-family lots (50.8 acres) and Castlegate Section 1, Phase 1; Section 2, Phase 1; Section 3, Phase 1; and Section 4, Phase 1 totaling 149 lots (70.8 acres). In 1997 there were 137 developed acres; during the last 4 years an additional 122 acres have developed. It was projected in 1997 that for the 10 year period 1997-2007 an additional 818acres would develop. 97-02B--Sanitary Sewer (Alum Creek) ( 608 ac.) $243 .3 8/LUE This fee was implemented in December 1997. The Capital Improvements Plan is shown by figure 4 and the existing land use in 1997 is shown by Figure 2. The CIP consisted of running a 15" sanitary sewer line from the south end of the College Station Business Park westerly along Alum Creek to the east ROW of Highway 6. The project was estimated to cost $390,000 and was completed in 1999 at a cost of $2 14,554. At the end of July 2001 $4,867 in impact fees have been collected in this area (South Hampton Phase I consisting of 20 single family lots). In 1997 there were 95 developed acres; in the last four years 11.5 acres have developed. It was projected in 1997 that during the 10 year period 1997-2007 an additional 83 acres would develop. 99-01--Water ( 158 ac.) $550/LUE This fee was implemented in April 1999. The capital Improvements Plan and existing land use in 1999 are shown in Figure 2. The CIP consists of running an 18" water line south along the east ROW of Highway 6 approximately 4800'. The line was estimated to cost $390,000 (the impact fee is based on an 8" line @ $165 ,000 ). A 2400' section of the 18" line was constructed in 1999 from the south end at a cost of $148,317. As of July 2001 no impact fees have been collected in this area. During the last Legislative Session several amendments to Chapter 395 of The Local Government Code which governs impact fees were made (SB 243). An annual certification of compliance is required with a penalty for noncompliance. Reduction in fees may be required equivalent to ad valorem taxes and service revenue generated by new service units during the program period or an alternate credit equal to 50 percent of the total projected cost of implementing the capital improvements plan may be required. Other changes are related to streamlining the process. Copies of the revised codified document will be made available when they are complete. 2 To: Jim Callaway, Director Development Services From: Teddy D. Mayo, P.E. Asst. City Engineer Date: September 11 , 2001 Subject: Compliance with Senate Bill 243-Impact Fees During the last session of the Texas Legislature several changes were made to the regulations governing impact fees (Local Government Code Chapter 395) by way of Senate Bill 243. 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'. - /, .-- •" ,/':'"P"l.•, .'jj / 9? ;-;,,,_ .. I : ..... r' ;;/. ; 1-.·. '-;.- / O,//(.J, c:'.cl v To: Jim Callaway, Director Development Services From: Teddy D. Mayo, P.E. Asst. City Engineer Date: September 11, 2001 Subject: Compliance with Senate Bill 243-Impact Fees During the last session of the Texas Legislature several changes were made to the regulations governing impact fees (Local Government Code Chapter 395) by way of Senate Bill 243. Two changes which must be addressed very soon are as follows: • The Capital Improvements Plan (CIP) must contain a plan for awarding a credit for the portion of ad valorem tax and utility service revenues generated by new service units dw-ing the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan: or in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan. • A political subdivision that imposes an impact fee shall submit a written certification verifying compliance with Chapter 395 to the attorney general each year not later than the last day of the political subdivision's fiscal year. The certification must be signed by the presiding officer of the governing body of the political subdivision. The City of College Station currently has four impact fees: "92-0 l" (Sanitary Sewer), "97-0 l" (Sanitary Sewer), "97-02B" (Sanitary Sewer), and "99-01" (Water). The maximum amount that can be charged for each fee is calculated by dividing the total cost (including financing costs) for capital improvements required during the ten year program period by the number of new living units added during the program period then multiplying by the ratio of total' new living units created during the total period (20 years) to the total number of living units served. With the assistance of Kathy Hubbard in accounting and Bruce Albright in utility customer service I have completed an analysis to determine the current status of each of the four impact fees as to compliance with Senate Bill 243 . Please note that no ad valorem taxes are used for payment of sanitary sewer bond debt. The following table summarizes my findings: Impact Fee 92-01 97-01 97-02B 99-01 Max. Allowable $351.33 $349.55 $243.38 $550.00 CIP Cost (including $656,829 $1,353 ,523 $101 ,759 $165,600 fmancing)(l 'st. 10 yr.) Impact Fee Utility Revenue $136 $0 $0.78 $0 Applied to Payment of CIP New LUE's (l 'st. 10 yr.) 688 3734 389 300 Mandated Credit/LUE $0.20 $0 $0.002 $0 Rev. Max. Allowable $351.13 $349.55 $243.38 $550.00 Current Fee $232.04 $349.55 $243.38 $550.00 In Compliance YES YES YES YES The following describes the methodology of computing the Impact Fee Utility Revenue applied to the payment of CIP cost: Example-Impact Fee "92-01" '95 Bond issue in the amount of$5.7 million Amount for sanitary sewer projects = 20% or 1.14 million % of 1.14 million applicable to "92-01 "".' $473,518 (Total CIP cost) I $1 , 140,000 x 100 = 41.5367% Annual debt service for '95 Bond: FYOO $582,975 FYOl $564,225 Annual sewer operating revenues: FYOO $7,178,147 FYOl $7,505,000 (Budgeted) Annual sewer debt service for '95 Bond $116,595 (20%) $112,845 "" % of sewer rate allocated to debt service: (. p FYOO $ 116,595/ $7,178,147 = 0.016243 FYOl $ 112,845/ $7,505,000 = 0.015036 FYOO Sanitary Sewer Revenues Collected From New Service Units = $1 ,327 FYOO Sanitary Sewer Revenues Applied To CIP Annual Debt Payment =$1 ,327 x 0.016243 = $21.55 FYOl Sanitary Sewer Revenues Collected From New Service Units as of 8/31/01 = $7585 FYO 1 Sanitary Sewer Revenues Applied To CIP Annual Debt Payment = $7585 x 0.015036=$114.05 The above shows that the City is currently in compliance with Senate Bill 243 . Looking ahead we will need to re-evaluate each of the four impact fees to project future sanitary sewer revenues that will be generated by new service units during the program period and will be applied to the CIP debt payments and reduce the fees as required by Senate Bill 243.