O001CITY OF KENNEDALE
ORDINANCE NO. 1
AN ORDINANCE OF THE CITY OF KENNEDALE, PROVIDING THAT THE CITY CODE BE HEREBY AMENDED BY ADDING THERETO A NEW SECTION 14-38 TO READ AS FOLLOWS:
SECTION 14-38: WATER AND WASTEWATER IMPACT FEE ORDINANCE.
WHEREAS, the City of Kennedale is responsible for and committed, to the
provision of public facilities and services (including water and sewer service) at
levels necessary to cure any existing public service deficiencies io already developed
areas; and
WHEREAS, such facilities and service levels shall be provided by the City
utilizing funds allocated in the capital budget and capital improvements programming
processes and relying upon the funding sources indicated therein; and
WHEREAS, new residential and nonresidential development causes and imposes
increased and excessive demands upon City public facilities and services, including
water and sewer facilities, that would not otherwise occur; and
WHEREAS, planning and zoning projections indicate that such development will
continue and will place ever-increaaiog demands on the City to provide necessary
public facilities; and
WHEREAS, the development potential and property values of properties is
strongly influenced and encouraged by City policy as expressed in the
Comprehensive Plan and as implemented via the City zoning ordinance and map; and
WHEREAS, to the extent that such new development places demands upon the
public facility infrastructure, those demands should be satisfied by shifting the
responsibility for financing the provision of such facilities from the public at large
to the developments actually creating the demands for them; and
WHEREAS, the amount of the, impact fee to be imposed shall be determined by
the cost of the additional public facilities needed to support such development, which
public facilities shall be identified in a capital improvements program; and
WHEREAS, the City Council, after careful coneideration of the matter, hereby
finds and declares that impact fees imposed upon residential and nonresidential
development tufinance specified major public facilities in designated service areas,
the demand for which is created by such development, is in the, best interests of the
general. welfare ofthe City and its residents, is e4oitablm, and doeo not impose un
unfair burden oo such develnpmont;
VBE7lEAQ. in 1987 the Texas Legislature adopted Senate Bill 338, now Chapter
395 of the Local Government Code,; and
WHEREAS, the City Counc:,i_l finds that in all things the City has complied with
said statute in the notice, adoption, promulgation and methodology necessary to adopt
Impact Fees;
NOW THEREFORE, be it ordained by the City Council of the City of Kennedale
that the Code of Ordinances of the City of Kennedale be amended by adding the
following Section to be entitled Water and Wastewater Impact Fees:
WATER AND WASTEWATER IMPACT FEES
ARTICLE I
GENERAL PROVISIONS
Section 1.4 °38.01 Short Title
This Chapter shall be known and cited as the Water and Wastewater Impact
Fees Chapter.
Section 1438.02 Intent
This Chapter is intended to impose water and wastewater impact fees, as
established in this Chapter, in order to finance public facilities, the demand for which
is generated by new development in the designated service area.
Section 14 ®38.03 Au thority
The City is authorized to enact this Chapter by Chapter 395 of the Local
Government Code, (Senate Bill 336 enacted by the 70th Texas Legislature) and its
successors, which authorize home-rule, cities, among others, to enact or impose impact
fees on land within their corporate boundaries or extraterritorial jurisdictions, and
to persons with whom they have a water or sewer service contract, as charges or
assessments imposed against new development in order to generate revenue for
funding or recouping the costs of capital improvements or facility expansions
necessitated by and attributable to such new development; and by the Kennedale City
Chaster. The provisions of this Chapter shall not be construed to limit the power of
the City to adopt such Chapter pursuant to any other source of local authority, nor
to utilize any other methods or powers otherwise available for accomplishing the
purposes set forth herein, either in substitution of or in conjunction with this
Chapter. Guidelines may be developed by resolution or otherwise to implement and
administer this chapter.
Section 14-°38.04 Definitions
As applied in this Chapter, the following words and. terms shall be used:
(1) Assessment - The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant to
this Chapter.
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(2) Building Permit -° Written permission issued by the City for the
construction, repair, alteration or addition to a. structure.
(3) Capital Construction Cost of Service - Costs of constructing capital
improvements or facility expansions, including and limited to 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 capital improvements plan who is
not an employee of the City.
(4) Capital Improveme Advisory Committee (Advisory Committee) -
Advisory committee, appointed by the City Council, consisting of at least
five members, not less than 40 percent of which shall be representatives
of the real estate, development, or building industries which are not
employees of the City, and, if impact fees are to be applied within the
extraterritorial jurisdiction of the City, including one member
representing the extraterritorial jurisdiction; or consisting of the
Planning and Zoning Commission, including one regular or ad hoc
member who is not am employee of the City and which is representative
of the real estate, development, or building industry, and, if impact fees
are to be applied within the extraterritorial jurisdiction of the City, one
representative of the extra. territorial jurisdiction area,; which committee
is appointed to regularly review and update the capital improvements
program in accordance with the requirements of Chapter 395 of the
Local. Government: Code, and it successors.
(5) Capital Improvements Pro (CIP) - Plan which identifies water and
wastewater capital improvements or facility expansions pursuant to
which impact fees may be assessed.
(6) Impact Fee - Fee to be imposed upon new development, calculated based
upon the costs of facilities in proportion to development creating the
need for such facilities. Impact fees do not include dedication of rights-
of-way or easements, or construction or dedication of site - related water
distribution or wastewater collection facilities required by other
ordinances of the City Code; or lot or acreage fees placed in trust funds
for the purpose of reimbursing developers for oversizing or
constructing water or sewer mains or lines.
(7) City - City of Kennedale.
(€3) City Council (Council) - Governing body of the City of Kennedale.
(9) City Engineer (Engineer) -° City Engineer of the City of Kennedale.
(10) City Administrator - Chief Ad ministrative Officer of the City, appointed
by the Council.
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(11) Commercial Development - For the purposes of this Chapter, all
development which is neither resideritial nor industrial.
(1.2) - Theoomyrehenuive]oog-rangmDbun.
adopted by the City Council, which ia intended to guide the growth. and
development uCthe, City which includes analysis, recommendations and
proposals for the City regarding such topics aa population, economy..
housing, transportation, community facilities and land use.
(13) Credit - The, amount of the, reduction ofa impact fee for fees, payments
or charges for the wametype of capital improvements for which the fee.
has been assessed,
(14) Existing Develonment - AJ) development within the service area which
has a water or wastewater tap oo the City'a water or sewer system ornu
another centralized water or sewer oyotem, as of the date of the
adoption uY this Chapter.
(15) Facility Expansion - The expansion u1 the capacity oCanezistiug facility
which serves the same function aoanotherwise necessary new capital
improvement in order that the existing facility may serve new
development. Facility expansion does not include the repoir,
maintenance, modernization, or expansion of an existing facility to better
serve, existing development.
(18) Final Subdivision Plat -The map, drawing or chart ou which ioprovided
u uubdividor'o plan of a, sobdivioion, and vvbicb has received final
approval by the Planning and Zoning Commission or City Council and
which in recorded with the office. oftbe. County Clerk.
(17) - Capital construction costs of service related to
providing additional service units to new dnvclopment, either from
excess capacity in existing facilities, from facility expansions or from
new capital facilities. Growth-related costs do not include:
(a) Construction, acquisition, or expansion of public facilities or
assets other than capital im prove manto or facility expansions
identified io the capital im prove manto plan;
(b) Qepair, uporation, or maintenance of existing or new capital
improvements or facility expansions;
(c) Dpgruding, updating, expanding, or replacing existing capital
improvements to serve existing development in order to meet
stricter omfcty, eyƒioieucy, environmental, or regulatory
standards;
(d) Dpgradiog, updating oryuudiog, or replacing existing capital
improvements to provide better service to existing development;
(e) Administrative and operating costs of the City; and
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ti
M Principal payments arid interest or other finance charges on
bonds or other indebtedness, except for such payments for
growth - related facilities contained in the capital improvements
program.
(18) Industrial Development - Development which will be assigned to the
industrial customer class of the water or wastewater utilities; generally
development in which goods are manufactured, or development: which is
ancillary to such manufacturing activity.
(19) Land Use Assumptions - Description of the service area and projections
of changes in land uses, densities, intensities, and population therein
over at least a 10-year period, adopted by the City, as may he amended
from time to time, upon which the capital improvement plan is based.
(20) Living Unit Equivalent (LATE) - Basis for establishing equivalency among
and within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water
meter of a given size and type compared to the continuous duty
maximum flow rate in gallons per minute for a 3/4" diameter simple, water
meter, using American Water Works Association 0700° -C703 standards.
LUE's for water meters are as follows:
METER. SIZE AND TYPE LUE's
5/8"
Simple
0.667
3/4"
Simple
1.000
t"
Simple
1.667
1 -1/2"
Simple,
3.333
2"
Simple
5.333
2,"
Compound
5.333
2"
Turbine
6.667
3"
Compound
10.667
3"
Turbine
16.000
4"
Compound
16.667
4"
Turbine
28.000
6"
Compound
33.333
6"
Turbine
61.333
8"
Compound
53.333
8"
Turbine
106.667
10"
Compound
76.667
10"
Turbine
1.66.667
1.2"
Turbine
220.000
(21) New Development - Subdivision of land; or the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of any structure; or any use or extension of
the use of land; any of which increases the number of service units for
water or wastewater service and purchase of a. new water or wastewater
ta.p. New development includes the sale of water taps resulting from the
conversion of an individual well to the City's water utility. However,
new development does not include the sale of wastewater taps resulting
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� from the c*nvera»orA of an individual septic or other individual waste
disposal system to the City's wastewater utility,
(22) Dffset - ],heamountoytberedoctioocfauimpactfeedooigondtmfairly
reflect the value of oyatem-related Caciitiec, pursuant, to rules herein
established or administrative guidelines, provided and funded by a
developer pursuant to the City's subdivision regulations or
requirements.
(23) Residential Developmen - A lot developed for use and occupancy as
residence or rmeideuceo, according to the City's zoning ordinance..
(24) Service Area. - Area within the corporate boundaries and within the
extraterritorial jurisdiction as defined by the Municipal Annexation Act
(Article 970a., Vernon's Texas Civil 8tatutno), to be served by the water
and wastewater capital imp rove, meotoor facilities expansions specified
in the capital imp rove meuta program applicable to the service area.
(25) Service Unit - Standardized measure ofconsumption, use, generation,
or discharde attributable. to an individual Unitof development calculated
in accordance, with generally accepted engineering or planning
standards for a particular category of capital improvements urfacility
eoDanoiona, expressed ioliving units equivalent.
(26) - Impruvomeotor facility which is for the primary
use or benefit oCn now development and/or which is for the primary
purpose, of safe and adequate provision of water or wastewater facilities
to serve the new devalupmcut, and which is not included in the capital
improvements plan, and for which the developer or property owner is
solely responsible under subdivision and other applicable regulations.
(27) - Acapital improvement or facility expansion
vvbicb is designated in the Capital Improvements Plan and which is not
a site-related faci|ity. A oyatem-related facility may include a capital
improvem*ot which is located oyyuitn, within or on the perimeter of the
develop /ueotsite.
(28) Tap Purchase - The filing with the City of u written application fora
water or wastewater tap and the acceptance of applicable fees by the
City. The term ''tap purobaae" ab*l) not be applicable to m meter
purchased for and ozo)uoivnlY dedicated to fire protection.
(29) Wastewater Facility -Impmvoment for providing wastewater oervice,
including, but not limited to, band or easements, treatment facilities, lift
stations, or interceptor mains. Wastewater facility ero}odea wastewater
)ioom or mains which are constructed by develoDers the costs of which
are reimbursed from charges paid by subsequent users of the facilities
and which are maintained iu dedicated trusts, Wastewater facilities also
exclude dedication of rights-of-way or easements or construction or
dedication ofon-site wastewater collection facilities required by valid
urdiumuoeo of the City and necessitated by and attributable tothe new
development.
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(30) Wastewater Faci E - Expansion of the capacity of any
existing wastewater improvement for the, purpose of serving new
dovc(opmeot, uoLin:ludiug the repair, moioteouuco, modernization or
expansion of an existing wastewater facility to serve existing
development.
(31) Wastewater T m prove ments Plan - Portion of the. CIP, as may bmamended
from time to time, wldob identifies the, wastewater facilities or
wastewater ozpauoionoaod their associated costs *bicburenecessitated
by and which are attributable to new development, and for a. period not
to exceed ten (10) youra, and which are. to be financed in whole or in
part through the imposition of wastewater impact fees pursuant tothis
Chapter.
(33) Water Facility - ImprovementforDrovidiog water unrvioe. including, but
not limited tu, land or eaoements, water supply facilities, treatment
facilities, pumping facilities, storage facilities, or transmission majno.
Water facility excludes water lines or /naiva which are constructed by
davnlopero, the. costs of which are reimbursed from charges paid by
subsequent users ofthe, facilities and which are maintained indedicated
trusts. \Jn1er facilities also exclude dedication of rights-of-way or
easements or construction or dedication of on-site water distribution
facilities required by valid ordinance,-, oC the City and oeooeaitoied by
and attributable to the new development.
(33) Water Facility Expansion - Expansion of the capacity ofany existing
water improvement for the purpose oCserving new devnloymont, not
including the repair, mnjut*oanon modernization or expansion of an
existing water facility to serve existing development.
(34) Water Tin p rove ments Plan - PortionoytbeCIP'uamayboameodedfrom
time to time, which identifies the water yuodUjes or water eryaoeioou
and their associated costs which are necessitated by and which are
attributable to new develop meut. and for a period not toexceed ten (|O)
years, and which are to be financed in whole or in part through the
imposition of water impact fees pursuant to this Chapter.
(35) Wholesale Customers - Water or wastewater customers of the City's
utilities which purchase utUth/ service at the City's vvbo}oan]o rates for
resale to their retail customers.
(36) Wholesale Service Provider - DtilitywNcbpmvides the Ot) with bulk
water or wastewater service at its wholesale service rate, for the City'm
resale toits customers.
Section 14-38.05 Applicability of Tmpact Fees
A. This Chapter mbu]| be uniformly applicable to new development which
occurs within the water and wastewater service areas.
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B. No new development; shall be exempt from the assessment of impact fees
as defined in this Chapter, However, the City Council may pay fees from
non-Utility funds on behalf of any new development for reasons of
general community welfare,
C. It shall be the policy of the City to revise contracts with its wholesale
customers to effectively charge wholesale customers impact fees for the
new development within the wholesale customers' service areas, such
fees being equivalent to impact fees charged to retail custo►►.lers of the
City's utilities.
Section 14 °38.06 Impact Fees as Conditions of Development Approval
No application for new development shall be approved within the City without
assessment of impact fees pursuant to this Chapter, and no water and wastewater tap
shall be issued and no building permit shall be issued unless the applicant has paid
the impact fees imposed by and calculated hereinunder.
Section 14 ®38.07 Establishment of Water and Wastewater Service Areas
A. The water and wastewater service areas are established as shown on the
Service Area Map which is Exhibit A for this Chapter.
B. The service areas shall be established consistent with any facility
service area established in the CIP for each utility. Additions to the
service area may be designated by the City Council consistent with the
procedure set forth in Chapter 395 of the Local Government Code and its
successors.
Section 14- -38,08 Land Use Assu tnptions
Land use assu mptions used in the develop ment of the impact fees are contained
in Exhibit B of this Chapter. These assumptions may be revised by the City Council
according to the procedure set forth in Chapter 395 of the Local Government Code
and its successors.
Section 14 ®38.09 Service Units
A. Service units are established in accordance with generally accepted
engineering and planning standards,
B. Service units shall be calculated based on living units equivalent as
determined by the size of the water meter(s) for the development.
C. If a fire demand meter (tap) is purchased for a, property, the meter size
utilized to calculate the number of LUE's shall be the dimension of the
portion of the fire demand meter which reflects the meter size which
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would provide only domestic service to the property. Said reduced
meter size, shall then be utilized to calculate, the number of LUE's.
1. The meter types used to calculate the number of [DE^a aba} be
either simple or compound meters.
2. 7u avoid the use of fire flow volouuan for domestic usuge, tbe
owner of any property for which a fire, demand meter is
purchased shall bo required to execute, a. restrictive covenant oo
a form approved by the City Attorney, which covenant shall
aoknow|odge the right of the City to assess such fees to
subsequent owners of the property. Said covenant obaU be
executed prior to the purchase of the fire demand meter and shall
be filed in the deed records of the County.
D. Upon wastewater tap purchase, for lots for which no water meter has
been purchased, service units shall be established by 8, professional
engineer licensed in the, State of 7aras mba/| be, reviewed by the,
Engineer and obaU be presented to Counci], which shall designate the.
appropriate number of service. units.
E. The, City Council may revise the service units designation according to
the procedure set forth in Chapter 395 o2 the Local Government Code
and its successors.
Section 14-30.10 Impact Fees Per Service Unit
A. The maximum impact fee per service uoitfor each service area. shall be
computed by dividing the growth-related capital construction coat of
service in the service area. identified in the capital imp rove, meota plan
for that category of capital improvements, by the total number of
projected service units anticipated within the xervinaarea which are
necessitated hy and attributable to new development, based on the land
use assumptions for that service, area,. Maximum impact fees per service
unit shall be established by category of capital im prove meoto and shall
he set forth in Exhibit Ctothis Cbupter,
B. The maximum uoaeaoob)o impact fees set forth in Exhibit C may be
amended by the City Council according to the procedure, set forth in
Chapter 395 of the Local Government Code, and its successors.
Section 14-3O.11 Assessment of Impact Fees
A. The approval cf any subdivision oC land nroy any new development shall
include, as a condition the assessment of the impact fee applicable to
such develop mnnt.
B. Assessment ofthe, impact fee for any now devek/pment shall be made as
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I . For a development which is auhmiUled for approval pursuant to
the. City^u subdivision regulations following the effective date oC
this Chapter, assessment shall be at the time of final plat
approval, and shall be the maximom assessable value ny the. impact
fea per service o nit then inefyeot.ao provided iu Exhibit Caoset
forth in Section 14-38. 10. The, City 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.
3. For u development which has received final plat approval prior to
the effective date o[this Chapter and for which no rep}uttng is
neoaoaurY prior to tap purchase, asacmamaut shall be upon tap
purchase, and abaD be the value ofthe maximum impact fee per
.service unit set forth in Exhibit C.
3. Because fire protection ioofcritical concern to the community uo
a *bne, water demand related solely to fire protection is not
oobjnoL to collection of an impact Yee. However, if the fire
protection capacity of the fire demand meter is routinely utilized
for domestic purposes as evidenced by the registration of
consumption recorded on the City's meter-reading and billing
systems, the current owner of the property shall ba assessed the
current impact fees for the fire protection capacity which has
been converted to domestic capacity by its routine usage as
domestic capacity.
C. Following assessment oYthe impact Yee pursuant to subsection (B), no
additional impact fees or iooremaoo thereof ohe]) be assessed against
that Mcve|opmeotuu|eusthu number of service units inoroaaeo, as set
forth under Section 14-28.00.
D. Following the lapse or expiration of approval for a plat, a new
aoa000mant must be performed ut the time u new application for such
development iafiled.
Section 14-38.12 Calculation of Impact Fees
A. Fu/u*iug the, request for new development as provided in Section 1.11
of this Chapter. the City shall compute impact fees due for the new
development iu the following manner:
1. The number of LDE'o shall be determined by the size oFthe water
meter(a) as determined according to Section 14-38.09 of this
Chapter.
2. LDE'o shall be summed for all meters purchased for the
development.
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3. The total service units shall be multiplied by the appropriate per-
unit fee value determined as set forth in Section 14--38,10; and
4. Fee credits and offsets shall be subtracted as determined by the
process proscribed in Section 14 ®38.14 of this Chapter.
C. The value of each impact fee due for a, new development shall not exceed
a, value computed by multiplying the fee assessed per service unit
pursuant to Section 14 ®38.10 by the number of service units generated
by the development.
Section 1438.13 Collection of I►rrpa.ct Fees
A. No water or wastewater tap shall be issued until all impact fees have
been paid to the City, or until a, "notice of impact fee due" is recorded
as provided i.n this Section, except as provided otherwise. by contract,
B. The amount of impact fees collected per service unit shall not exceed the
maximum assessable impact fees set forth in Exhibit C of this Chapter.,
However, the Council may, at its sole discretion, provide that uniform
fee amounts less than the maximum fee may be collected. Such fee
amounts to be collected shall be set forth in Exhibit C of this Chapter,
1.
For a, development which is submitted for approval pursuant to
the City's subdivision regulations subsequent to the effective
date of this Chapter, impact fees shall be collected at the time of
building permit issuance for properties within the corporate
limits and at the time of tap purchase for properties outside the
corporate Limits, except as provided in Subsections C and D.
2. For a, development which has received final plat approval prior to
the effective date of this Chapter or for which no repla:tting is
necessary prior to provision of a water or wastewater tap, impact
fees shall be collected at the time of tap purchase, except as
provided in Subsections C and D.
3, For a sing]e-=fa.mily residential development which is an active
customer of the water or sewer utilities and which purchases a
larger water meter, no water or sewer impact fee shall be
collected.
C. The City Council shall have the authority to waive impact fees for septic
tank conversions, individual economic hardship, purposes of promoting
general economic development, or automatic lawn or landscape sprinkler
systems. The Council may also cause such fees to be paid to the utility
impact fee funds from appropriate non - -utility funds.
In the event that a wastewater tap is purchased as the result of
a conversion from an individual septic or other individual waste
disposal system, the Council may, at its sole discretion, waive the
payment of wastewater impact fees clue to the general public
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health benefits attributable. to seD Lie tank con versions totheCity
wastewater system.
2. In cases of individual economic bardubip, to promote general
economic development or for automatic lawn or landscape
sprinkler systems, the Council may, a1its sole discretion, waive
the payment of all or any portion of water or wastewater impact
feea.
D. Ty fees are not completely waived as provided in Subsection 14-38.12
(C)(2) and the applicant demonstrates to the Council that the payment
oy the full amount of the fee ot the time of building permit issuance or
Lap purchase will work ufivauctal hardship against the. applicant, the
Council may upprove,uu alternate payment agreement.
Upon approval by the Council, the impact fees for such customers
may be paid iu increments over uperiod of not more than one
year for residential customers or five years for other customers,
with interest computed on the unpaid balance at the statutory
rate ao set forth io Article |.03, Title 7Q.Revised Statutes (Article
5069-1.03. Vernon's Texas Civil Statutem), or any successor
statute.
2. Iy the, City approves this extended payment pkao, the applicant
abmJl, as u condition of tap xo]o, sign and file with the City
Secretary, and consent to the recordation of, a "notice oyimpact
fee due^, which shall be recorded as a lieu against the subject
property. The, City shall release the lien held only upon payment
in full of the impact fees and any late penalties and applicable
interest.
3. Late payments shall subject the applicant to penalty of ten
percent of the amount due, and additional intereatinaddition to
o]] other remedies available tothe City as |ico bolder.
E. The. City may, at its sole disnrntton, enter into contracts to establish a
different date oY fee collection than those provided in this Section.
F. The amount of impact fees to be collected per service unit, as set forth
in Exhibit C. may be changed from time, to time by the, Council, provided
the maximum assessable fee amount is not exceeded,
Section 14-38.14 Suspension of Fee Collection
A. For any new development which has received ybzeJ plat approval prior
to the effective dale of this Chapter in accordance with Texas lncu|
Government Codo, Chapter 212, or pursuant tothe City's subdivision
regulations., the City may assess, but shall not collect any capital
recovery fee ax herein dayinod, or) any service, unit for which a valid
building permit ioissued within one. (1) year subsequent tutbe. effective
date. oythis Chapter,
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B. If the building permit, which is obtained within the period provided for
in subsection (A), subsequently expires, and no new application is made
and approved within such period, the new development shall be subject
to the payment of a. capital recovery fee, as provided for in Section 14
38.13.
Section 14°38.1.5 Offsets and Credits Against Impact Fees
A. The City shall offset the present value of any system - related facilities,
pursuant to rules established in this section, which have been dedicated
to and have been received by the City, including the value of rights-of-
way or capital improvements constructed pursuant to an agreement with
the City, against the value of the impact fee clue for that category of
capital improvement,
B. The City shall credit impact, pro rata, acreage or lot fees which have
been paid pursuant to Chapter 13 of the City Code prior to the effective
date of this Chapter against the value of an impact due for that
category of capital improvement, subject to guidelines established by
the City.
C. 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.
No offset or credit shall be given for the dedication or
construction of site °rela:ted facilities.
2. The unit costs used to calculate the offsets shall not exceed those
assumed for the capital improvements included in the capital
improvements plan for the category of facility within the service
area for which the impact fee is imposed,
3. If an offset or credit applicable to a, plat has not been exhausted
within ten (10) years from the date of the acquisition of the first
tap purchase made after the effective date of this ordinance or
within such period as may be other wise designated by contract,
such offset or credit shall lapse.
4. In no event will the City reimburse the property owner or
developer for an offset or credit when no impact fees for the new
development can be collected pursuant to this Chapter or for any
value exceeding the total impact fees due for the development for
that category of capital improvement, unless otherwise agreed to
by the City.
5. No offset or credit shall be provided against fees assessed by the
City's water and wastewater wholesale service providers.
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D. An applicant for new development must apply for an offset or credit
against impact fees clue for the development either at or before the time
of plat recordation, unless the City agrees to a different time. The
applicant shall file a, petition for offsets or credits with the City on a
form 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 or the offset or credit which may be. applied against an
impact fee, which value and the date of the determination shall be
associated with the plat for the new development.
E. The available offset or credit associated with the plat shall be applied
against an impact fee in the following manner:
I. Such offset or credit shall be prorated equally among all living
units equivalent, as calculated in. Section 1438.09, and remain .
applicable to such LUE's, to be applied at time of filing and
acceptance of an application for a building permit or tap
purchase, as appropriate, against impact, fees due.
2. If the total number of LUE's used by the City in the original
offset or credit calculation described in (1) is eventually
exceeded by the number of total LUE's realized by the actual
development, the City may, at its sole discretion, collect the full
impact fee exclusive of any associated offset or credits for the
excess LUE's.
3. At its sole discretion, the City may authorize alternative credit or
offset agreements upon petition by the owner in accordance with
guidelines promulgated by the City.
Section 1438.16 Establishment of Accounts and Records
A. The City shall establish separate interest-bearing accounts, in a bank
authorized to receive deposits of City funds, for each major category of
capital facility for which an impact fee is imposed pursuant to this
Chapter.
B. Interest earned by each account shall be. credited to that account and
shall be used solely for the purposes specified for funds authorized in
Section 14- 38.17.
C. The City shall establish adequate financial and accounting controls to
ensure that impact fees disbursed from the account are utilized solely
for the purposes authorized in Section 1438.17. Disbursement of funds
shall be authorized by the City at such times as are reasonably
necessary to carry 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 elate
the fee is deposited into the account.
14
D. The City shall maintain and keep adequate financial records for each
such account, which shall show the source and disbursement of all
revenues, which shall account for all monies received, and which shall
ensure. that the disbursement of funds from each account shall be used
solely and exclusively for the provision of uses specified in the capital
improvements program as system - related capital projects. The City
Finance Department shall also maintain such records as are necessary
to ensure that refunds are, appropriately made under the provision in
Section 14-°33.19 of this Chapter, and such other information as may be
necessary for the proper implementation of this Chapter.
Section 14-3€3.1.7 Use of Proceeds of Impact Fee Accounts
A. The impact fees collected pursuant to this Chapter may be used to
finance or to recoup capital construction cost; of service. 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.
B. Iiiipact fees collected pursuant to this Chapter shall not. be used to pay
for any of the following expenses:
1. Construction, acquisition or expansion of capital improvements or
assets other than those identified for the appropriate utility in
the capital improvements plan;
Repair, operation, or maintenance of existing or new capital
improvements or facilities expansions;
3. Upgrading, expanding or replacing existing capital improvements
to serve existing development in order to meet stricter safety,
efficiency, environmental or regulatory standards;
4. Upgrading, expanding or replacing existing capital improvements
to provide better 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; or
5. Administrative and operating costs of the City.
Section 14 ®38.13 Appeals
A. The property owner or applicant for new development may appeal the
following decisions to the City Administrator or his /her designate:
1. The value of the impact fee due;
15
2. The availability or the value of an offset or orodit|
3. The amount of the refund due, if any.
B. The burden of proof shall be on the, appellant to demonstrate that the
value oC the fee or the value of the offset or credit was not calculated
according to the upy|icuh]a impact fee schedule or the guidelines
established for determining offsets and credits.
O. The appellant. may appeal the decision of the City Administrator to the
Council. A notice of appeal to the Council mooLbe filed by the applicant
with the City Secretary within thirty (30) clays following the City
Administrator's decision. TYthe notice uYappeal is accompanied by
bond or other sufficient surety satisfactory to the City Attorney iouo
amount equal to the original detormioatiou of the impact fee duc, the
development application or tap Dorobaae or building permit issuance
may boprocessed while the. appeal ispending.
Section |4-38.18 Refunds
A. Any impact fee or portion thereof collected pursuant to this Chapter
which has not been expended within too (10) years from the date of
payment, shall be refunded, upon application, totbereuord owner ofthe
property at the time the refund i: paid, or, iY the impact fee was paid by
another governmental entity, to such govern mnutulentity
interest calculated from the date of collection to the date of refund at
the statutory rate as set forth in Article 1.03 Title, 70. Revised Statutes
(Article 5069-1.03, Vernon's 7cxuo Civil Statutes), or any successor
oto1ote.
B. If u raCood is doe porauaut to subsection (A). the. City shall pro-rate
the same bydividing the dif forouoe between the umountofexpenditures
and the amount of the, foes 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 or
governmental entity shall be calculated by multiplying the refund due
per service unit by the, number oy service units for the development, for
which the fee was paid, and interest due shall be calculated upon that
amount.
C. Upon completion nCa]l the. capital improvements or faoUidoa expansions
identified in the capital im prove menta ybau upon which the fee was
based, the City shall recalculate the moximumimpnctfne per oorvioe,uoit
using the actual costs for the im prove, monta or expansions. TC the
maximum impact fee per service unit based on actual cost is less than
the impact fee per service unit paid, the City nba|] refund the,
difference,, if such difference, exoeedu the impuot fee paid by more than
too percent (|O%). The refund to the record owner or governmental
entity shall he calculated by multiplying such difference by the number
of service units for the development for which the fee, was paid, and
interest doe shall be calculated upon that amount.
16
D. Upon the. request uyanowner of the property on which an impact. fee
has been paid, the City shall refund such fees if:
1. Existing service is available and service. is denied; or
2. Service, was not available when the fee was collected and the City
has failed to commence construction of facilities to provide
service within two years of fee payment,; or
3. Service was not available when the fee was collected and has not
subsequently been made available within areasonable period of
time considering the type, of capital improvement or facility
expansion tube constructed, but in any event later than five
years from the date uCfee payment.
B. The, City shall refund ao appropriate proportion nf impact fee payments
in the event that a, previously purchased water meter is replaced with
aomo]ler meter, based on the LDB differential of the two meter sizes and
tho per-LT}8 fen at the time of the, original Yoe. payment, less an
administrative charge ofIR5O.
F. Petition for refunds abaD be, submitted to the Engineer on a form
provided by the City for such purpose. Within ono month of the date of
receipt of a petition for refund, the Engineer must yrovidn the
petitioner, in writing, with n decision on the refund request, including
the reasons for the decision. If' a, refund is due to the petitioner, the
Engineer abn]l notify the Finance Director and request that refund
payment be made to the petitioner. The petitioner may appeal the
detormioetion to the City Administrator and CouocU, as set forth in
Section 14-38.18.
Section 1.4-38,20 Updates to Plan and Revision of Fees
The City shall review the, land use. assumptions and capital im prove. men ts plan
for water and wastewater facilities at least every three year the first three year
period which ahoD commence from the dute of adoption of the capital improvements
plan referenced herein, The City Council shall accordingly then make adetermination
of whether changes to the land use 000umpb000, capital improve men te plan orimpact
f ees are needed and shall, in accordance. with the procedu res set f orth in Chapter 395
of the Local Government Code, or any successor statute, either update the fees or
make a deter minmtiou that no update is necessary.
Section 14-38.21 Functions of Advisory Committee
A. The functions of the. Advisory Committee are those set forth in Chapter
3B5o[ the, Local Government Code, or any successor ntmtute, and shall
include, the following:
I , Advise, and assist the City in adopting land use assumptions;
17
2. Review the capital improvements plan regarding water and
wastewater capital im prove. mento and 7Dr written comments
thereon;
3. Monitor and evaluate implementation oy the capital improvements
program;
4. Advise the City of the need to update or revise the band use
assumptions, capital improvements program and impact fees; and
5. File asemiannual report evaluating the progress of the City in
achieving the capital imD rove meota plans and identifying any
problems in implementing the plans or administering the impact
fcoo.
D. The City shall. make available. tu the Advisory [bmmittoeao}' prof eaoioou
reports prepared in the development or implementation of the capital
improvements plan.
C. The Council shall adopt procedural rules for the onmmiUeeto follow io
carrying out itduties.
Section 14-38.22 Agreement for Capital Im prove, ments
A. The City Council may approve the owner of a new development to
construct or finance, some of the public improvements identified iothe
CIP. In the case of such approval, the, property owner must enter into
uo agreement with the City prior to fee, collection. The agreement shall
be on a, form approved by the City, and shall establish the estimated
cost oCimprovement, the schedule for initiation and completion of the
improvement, a requirement that the, improvement shall bo completed to
City standards, and any other terms and conditions the City deems
necessary. The Engineer shall review the improvement ylao, verify
costs and time oohndulea, determine if the im prove ment is contained in
the CIP and determine the amount of the applicable credit for such
improvement tobe applied to the otherwise applicable impact fee before
submitting the proposed agreement to the Council for approval.
D. The City and such owner either may agree that the costs incurred or
funds advanced will be credited against the, impact &aea otherwise doe
from the now development, or they may agree tbat the City shall
reimburse the, owner for such oosto from impact fees paid from other
new develop men ta which will use such capital imp rove meuteorfacility
expansions.
Section 14-38.23 Use of Other Financing Mechanisms
A. The, City may finance water and wastewater capital im prove, mnnts of
facilities expansions designated in the capital im prove meuto plan
through the issuance of bonds, through the formation of public
18
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.
B. 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, charge or assessment which is
lawfully imposed on and due against the property.
Section 14-38.24 Impact Fees as Additional and Supplemental Regulation
A. 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
the sale of water or wastewater ta,ps or the issuance of certificates of
occupancy, Such fees are intended to be consistent with and to further
the policies of City's Comprehensive Plan, capital improvements plan,
zoning ordinance, subdivision regulations and other City policies,
ordinances and resolutions by which the City seeks to ensure the
provision of adequate, public facilities in conjunction with the
development of land.
B. This Chapter shall not affect, in any manner, the permissible use of
property, density of development, design, and improvement standards
and requirements, or any other aspect of the development of land or
provision of public improvements subject to the zoning and subdivision
regulations or other regulations of the City, which shall be operative
and remain in full force and effect without limitation with respect to all
such development.
Section 14 -38.25 Relief Procedure
A. Any person who has paid an impact fee or an owner of land upon which
an impact fee has been paid may petition the 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 Council
determines that the duty is required pursuant to the ordinance and is
late in being performed, it shall cause the duty to commence within sixty
(60) days of the date of the request and to continue until completion.
B. The Council may grant a. 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. pul_,lic hearing, upon
finding that a strict application of such requirement would, when
regarded as a. whole, result in confiscation of the property.
C. The Council may grant a, waiver frorrr any requirement of this ordinance
on other grounds, as may be set forth in administrative guidelines.
1 g
ARTICLE IT
WATER FACILITIES FEES
Section 14-38.01
A.
B.
Water Service Area
There, is hereby established a water service area as depicted on Exhibit
A, attached hereto and incorporated herein by reference.
The boundaries of the water service area. may 8e amended from time, to
Umo, and new water service areas may be delineated, pursuant tothe
procedures in Section 14-38.07.
Section. 14-38.02 Water Imp rove ment Plan
A.
B.
The Water Improvement Plan for the City is hereb� adopted as Exhibit
Dattoobed hereto and incorporated by reference herein.
The Water Improvement Plan may be amended from time to time,
pursuant to the procedures set forth in Chapter 395 of the Local
Government Code and its successors.
Section 14-38.03 Water Impact Fees
A.
B.
The, ma,ximum impact fee values per service unit for water facilities are
hereby adopted and incorporated iu Exhibit C attached hereto and made
a part hereof by reference.
The maximum impact fee. values per service unit for water facilities may
bo amended from time to time, pursuant to the procedures io Section 14-
38.10.
ARTICLE III
WASTEWATER FACILITIES FEES
Section 14-40.O1 Wastewater Service Area
A
WO
There is hereby established a wastewater service area as depicted on
Exhibit A, attached hereto and incorporated herein. by reference,
The boundaries of tbe wastewater aorvicmurnu may be amended from
time to bme, and now wastewater service areas may be delineo±ed,
pursuant to the procedures in Section 14-38.87.
20
Section 1440.02 Wastewater Improvement Plan
A. The Wastewater Improvement Plan for the City is hereby adopted as
Exhibit E attached hereto and incorporated by reference herein,
B. The Wastewater Improvement Plan may be amended from time to time,
pursuant to the procedures set forth in Chapter 395 of the Local
Governlllent Code and its successors.
Section 14 -40.03 Wastewater Impact Fees
A. The maximum impact fee values per service unit; for wastewater facilities
are hereby adopted and incorporated in Exhibit C attached hereto and
made a, part bereof by reference.
B. The maximum impact fee values per service unit for wastewater facilities
may be amended from time to time, pursuant to the procedures in
Section 1438.10.
2.
This ordinance shall be and is hereby declared to be cumulative of all other
ordinances of the City, and this ordinance. shall not operate to repeal or affect any
of such other ordinances except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordinance, in which event such
conflicting provisions, it any, in such other ordinance or ordinances are hereby
repealed.
3.
If any sentence, section, subsection, clause, phrase, part or provision of this
Chapter be declared by a, court of competent jurisdiction to be invalid, the same shall
not affect the validity of the ordinance as a, whole, or any part thereof, other than
the part declared to be invalid.
im
The provisions of this Chapter shall be liberally construed to effectively carry
out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety, and welfare. Any member of the Council or any City official or
employee charged with the enforcement of this ordinance, acting for the City in the
discharge of his or her duties, shall not thereby render himself or herself personally
liable; and is hereby relieved from all personal liability for any damage that might
accrue to persons or property as a, result of any act required or permitted in the
discharge of said duties.
21
5.
Any violation of this ordinance can be enjoined by a suit filed in the name of
the City in court of competent jurisdiction, and this remedy shall be in addition to
any penal provision in this ordinance or in the Code of the City.
6.
This Chapter is directed to be published as required by law and shall be
effective from and after its publication.
PASSED IN OPEN ,SESSION of the City Council of the City of Kenn.edale, Texas,
on 1991.
YOR
ATTEST:
5
CITY A CRET R
22
c v
EXHIBIT A
SERVICE AREA MAPS
�. i
9 �J .
G
1 � �
KENNEDALE
— I SERVICE AREA
r.,
�
11
i
tr ,5
n
m
-iforoo - ow�
vo
CHEATHAM & ASSOCIATES
�w•.nw a w.+.ww ..urw
0
EXHIBIT 0
AND WASTEWATER
SERVICE AREAS
CURRENT AND PROJECTED LAND USES AND POPULATION FOR THE
CITY OF KENNEDALE
2000
ULTIMATE
1990
--------- ---------------
2000
------- ----
ULTIMATE
-------------------
LANDUSE
-----------------
-- - - - --
------ -------- ----------
%
- - - - -- ------
--------------- ---
--- ---
------- ----------------------------- -------
ACRES [a]
- - - -- ------
%
- - - - -- --
ACRES (b)
---------- ------
%
- - - - -- -------
ACRES [a]
- - - -- -- ----
%
- - - - --
RESIDENTIAL AND SID
587.00
22.17%
968.50
36,57%
1,350.00
50.98%
COMMERCIAL
65.00
2.45%
206.50
7.80%
348.00
13.14%
INDUSTRIAL
300.00
11.33%
332.50
12.56%
365.00
13.78%
PUBLIC /SEMI - PUBLIC
85.00
3.21%
113.50
4.29%
142.00
5.36%
FLOODPLAIN
443.00
16.73%
443.00
16.73%
443.00
16.73%
AGRICULTURE /VACANT /UNDEVELOPED
1,168,00
44.11%
584.00
22.05%
0.00
0.00%
------
TOTAL ACREAGE
- - - - -- - -----
2,648.00
- - - - -- ------
100.00%
- - - - -- ----
2,648.00
-- - - - - -- ------
100.00%
- - - - -- -- ----
2,648.00
- - - ---
100.00%
POPULATION
4,003
5,974
10,437
POPULATION PER ACRE
1.51
2.26
.- ..-
3.94
" ^ - ""
(a] source: Cheatham and Associates.
(b] Prorated.
PLANNING ASSUMPTIONS APPLIED TO WATER
AND WASTEWATER
SERVICE AREAS
1990
2000
ULTIMATE
LANDUSE
--------- ---------------
------
------- ----
-------
-------------------
-- - - --
--------------- --------------- - --- --
ACRES [a]
------ - - - --- ------
% ACRES (b)
- - - - -- ------ - - - - -- ------
%
- - - - -- ------
ACRES [a)
- - - - -- ------
%
- - - - --
RESIDENTIAL AND SID
587.00
16.98%
1,300.50
37.61%
2,014.00
58.24%
COMMERCIAL
65,00
1.88%
218.50
6.32%
372.00
10,76%
INDUSTRIAL
300.00
8.68%
393.50
11.38%
487.00
14.08%
PUBLIC /SEMI - PUBLIC
85.00
2.46%
113.50
3.28%
142.00
4.11%
FLOODPLAIN
443.00
12.81%
443.00
12.81%
443.00
12.81%
AGRICULTURE /VACANT /UNDEVELOPED
1,978.00
57.20%
989.00
28.60%
0.00
0.00%
TOTAL ACREAGE
-- ---------- -------
3,458.00
- - - -- ------
100.00%
------ ------
3,458.00
- - - - -- ------
100.00%
- - - --- ------
3,458.00
- - - - --
100.00%
POPULATION
4,003
7,169
13,630
POPULATION PER ACRE
1.16
2.07
3.94
_"`_`_•-------------------------- `-----------------------------------------------------
[a] Source: Cheatham and Associates.
.- ..-
"' "' "-- " " " "
" ^ - ""
(b) Prorated.
IMPACT FEES
CITY METER
WATER
SEWER
Kennedale 5/8"
$ 266.67
$ 8.00
3/4"
400.00
12.00
1
666.68
20.00
1Y"
1,333.35
40.00
2 "(C)
2,133.36
64.00
3 "(C)
4,266.72
128.00
4 11 (C)
6,666.75
200.00
6 " (C)
13,333.50
400.00
8 " (C)
21,333.60
640.00
10 11 (C)
30,667.05
920.00
Gam ,.
CITY OF--K-EAMDALE - Duii ,,
_gommorro,J ".
209N. New Hope Road, P.O. Box 268 . Kennedale, Texas 76060 . (817)478-5418
M E M O R A N D U M
TO: City Secretary, Utility Billing, Finance, Permit, & Info
to Water Operations
FROM: Ted Rowe, City Administ ato
SUBJECT: Water and Sewer Impact Fees
The City Council has approved impact fees to be charged for new
connections to the City's water and /or sewer system. These fees are
necessary to protect our present customers from the increased costs
associated with new development.
Fees will be collected when building permits are issued for new
construction or when tap fees are paid for existing structures. The
fees are applicable to both in and out of city locations to the extent
of our ETJ.
The amount of the fee will be determined by the water meter size
for both water and sewer connections. The attached sheet provides a
detail of the approved fees by meter size.
If Fort Worth begins charging us impact or access fees for new
services, their charges will be added to our fees to obtain the proper
amount.
The Finance Department will maintain separate accounts as required
and make payments to Fort Worth if appropriate. City Secretary and
Utility Billing will develop a joint procedure to assure proper fee
collection, expeditious processing, and accurate records retention.
A complete copy of the implementing ordinance is available fran
the City Secretary. A manual of basic considerations, methods, and
procedures is available in the Finance Office.
EXHIBIT C
SCHEDULE OF MAXIMUM IMPACT FEES
The maximum assessable impact fees are as follows:
Water: $937.50, plus impact fees imposed by the
City's wholesale service provider(s)
Wastewater: $12, plus impact fees imposed by the City's
wholesale service provider(s), plus pro-ra.ta
share of localized lif t stations and associated
force mains required by the new development
The actual amount of impact fees to be collected shall be as follows:
Water: $400, plus impact fees imposed by the City's
wholesale service provider(s)
Wastewat,el— $12, plus impact fees imposed by the City's
wholesale service provider(s), plus pro-rata
share of localized lift stations and associated
force mains required by the new development
�
b
EXHIBIT D (1)
ESTIMATED SERVICE DEMAND BY FACILITY TYPE
WATER UTILITY
---------------------- •--------
VOLUME
FACILITY TYPE /LAND USE ---------------------------------------
----- -------------------- ----- - - - - --
1990
------ - - - - --
2000 ULTIMATE
----- ------- ------------
AVERAGE DEMAND (MGD) (a)
0.861
1.541
2.930
Gallons per capita daily
215
215
215
TOTAL LUE'S (b)
1,272
2,279
4,332
---------------------------------
WATER SUPPLY PEAK MGD (c):
Estimated Demand
1.936
3.468
6.594
Existing Capacity (g)
1.800
1.800
1.800
EXCe55 /(DCfIcIenCY)
------ - - - - --
(0.136)
------ - - - - -- ------
(1.668)
- - - - --
(4.794)
----------------------------------------
PUMPING PEAK MGD (d)
_-----------------------------------
Estimated Demand
1.749
3.132
5.956
Existing Capacity (g)
2.736
2.736
2.736
ExCesS /( Deficlency)
------ - - - - --
0.987
------ - - - - -- --- ---------
(0.396)
(3.220)
------------------------------- •----------------------------------------
GROUND STORAGE MG: (e)
____
Estimated Demand
0.945
1.692
3.216
Existing Capacity (g)
1.340
1.340
1.340
Excess /(Deficiency)
------ - - - - --
0.395
------ - - - - -- ------
(0,352)
- - - - --
(1.876)
----------------------------------------------
ELEVATED WATER STORAGE MG: (f)
.. ---------------------------
Estimated Demand
0.999
1.790
3.403
Existing Capacity (g)
0.165
0.165
- -- ------
0.165
- - - - --
EXCess /(Deficiency)
------ - - - - --
(0.834)
------ - - -
(1.625)
(3.238)
___---------- --------------------------------------------------------
(a) Average demand =
215
gals /capita /dally
(Cheatham and Associates)
(b) 1990 LUE'S based on count of equivalent
3/4"
meters. 2000 and
ultimate
LUE determined by 1990 persons
per LUE:
LUE =
3.15
persons.
(e) Capacity Demand a
484
gallons /Capita /dally
1,522
gallons /LUE /dally
(d) Capacity Demand
1,150
gallons /connection /daily
1,375
gallons /LUE /dally
(e) Capacity Demand
621
gallons /connection
742
gallons /LUE
(f) Capacity Demand =
657
gallons /connection
785
gallons /LUE
(g) Existing Capacity details are Contained
In
EXHIBIT D (2)
EXHIBIT D (2)
AGO
ASSOCIATED CIP INVENTORY AND COSTING
EXISTING FACILITIES
WATER UTILITY
-------------------------------------------------
- --------------- " -------------------- _----------------------------------
_---------------------
FACILITY CAPACITY
(mgd Or gals)
1990-
1990 -
FACILITY ----- • ------------------------
--------------------------
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION FOR CURRENT
EXCESS EXCESS
CAPITAL
COST
TYPE NAME
- - - - -- ---------------------------- ----- - - ----
COST TOTAL CUSTOMERS
------- - - - --- ------- ------ -------------
< 10 YEARS > 10 YEARS
------- - - - - -- ------- - - - - -- -------
COST TOTAL
- - - - --
PER LUE
------- - - - - --
SUPPLY
- - - --
AGO
EXISTING FACILITIES
--
`- - " " - --
Trinity Ni Well
n/a
0.490
Paluxy Ai Well
n/a
0.158
Trinity A2 Well
$185,200
0.490
PaIUXY 02 Well
n/a
0.130
Trinity #3 Well
$217,143
0.533
---------------------- --------- --- - -- -------
Subtotal Existing Supply
- - - - -- - ------------
$402,343
-------------
1.800
-------------
1.800
-------
0.000
- - - - -- -----
0.000
--------
SO
(a)
(b)
FUTURE FACILITIES
Trinity 94 Well or Surf.
Water Source
$429.000
0.504
0.068
0.436
01000
$370,927
Trinity F5 Well or Surf.
Water Source
$396,164
0.504
0.068
0.436
0.000
$342,536
Surface Water Supply
(C)
3.786
0.000
0.660
3.126
------ ------- -------------
Subtotal Future Supply
----------- -------------
(Kennedale)
-------
$825,164
- - - - -- -------
4.794
- - - - -- -------
0.136
- ----- -------------
1.531
-------
3.126
- - - - --
$713,463
(b,g)
(b)
(e)
(e)
(e)
(d)
Fort Worth Treated Water
Supply
TOTAL WATER SUPPLY
$1,227,507
6.594
1.936
1.531
3.126
$713,463 $709.05
-"----------------- _-------------
^-------------------------------------------------------------------------------------------------------------
(d)
(d) (d,f)
^
PUMPING
MCA
EXISTING FACILITIES _` "____ " ""
Pump Ni n/a 1.296
Pump X2 n/a 1.440
------ -------------------- ----------- ------------- ------------- ---------- - -- ---- --- - - - - -- ----- -- - - - - -- -------------
SubtOtal Existing Pumpage So 2.736 1.749 0.987 0.000 so
(a) (b)
FUTURE FACILITIES
Pump X3 at Fort Worth connection $145,451 1.440
Pump X4 at Trinity Well X5 $145,260 1.440
-------- ----------------------- ---- - - -- ------- - - - - -- ------- -- - - -- ------- - - - --- ------------- --------- - - -- ------- - - - - --
Subtotal Future Facilities $290,712 2.880 0.000 0.396 2.484 $40,019
(b) (b)
TOTAL WATER PUMPAGE $290,712 5.616 1.749 1.383 2.484 $40,019 $39.77
(f)
------------------------------------------------------ ------- __` -------- ^`- ----------------------------------------------- ^-------------
EXHIBIT D (2) (Concluded)
MG
ASSOCIATED CIP INVENTORY AND COSTING
EXISTING FACILITIES
WATER UTILITY
-----------------------------------------------------
•------------- .._..-------------------------------------------------------------------------
FACILITY CAPACITY (mgd Or gals)
1990-
1990 -
FACILITY
--------------------------------------------- -- --- - - - - --
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION FOR CURRENT EXCESS EXCESS
CAPITAL
COST
TYPE NAME
COST TOTAL CUSTOMERS < 10 YEARS > 10 YEARS
COST TOTAL
PER LUE
GROUND STORAGE
""'--- --- - --
TOTAL ELEVATED STORAGE $2,486,000 3.165 0.999 0.790 1.375 $654,888 5650.84
(f)
---•-------"-_---`-------------•-- ----------------------------- ------------ •------------ `--------- - ----------------- • ------ ---"`
WATER CONSTRUCTION COST TOTAL $4,838,176
(d)
--------------------- _-------------------- _-------------------------------- _ -------------------------------
(a) Source: city records.
(b) Source: Cheatham and Associates.
(c) cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to aval table capacity.
(f) Assumes the following gals to LUE conversion factors
Supply: 1,522 gals daily
Pumpage: 1,375 gals dally
Ground Storage: 742 gals
Elevated Storage: 785 gals
(g), water supply may be either ground or surface water; costs shown are for less expensive ground water.
$1,597,649 $1,588
(d) (d)
MG
EXISTING FACILITIES
"`- - -` " "`
Tank N1
n/a
0.460
Tank x2 (Standpipe)
n/a
0.555
Tank 03 at Trinity Well X3
$176,833
0,325
--------------- ------------------ ---- --
Subtotal Existing facilities
------- - - - - -- -------------
$176,833
-------
1.340
- - - - -- ----
0.945
--- - - - --- -------------
0.395
-------------
0.000
$52,187
(a)
(b)
FUTURE FACILITIES
Trinity Well 95 Tank
$181,575
0.500
Tank at Fort Worth Connection
$475,549
1.185
-------- ------------- ------------------
Subtotal Future Facilities
------------- -------
$657,124
- - ---- -------------
1.685
-------------
0.000
-------
0,352
------ -------------
1.333
$137,091
(b)
(b)
TOTAL GROUND STORAGE
$833,957
3.025
0,945
0.747
1.333
$189,278 $188.11
-----------------------------------------------------------
-----------------------------------------------
(f)
................
ELEVATED STORAGE
MG
EXISTING FACILITIES
- _`___
"- -` -_ "-
Standpipe
n/a
0.165
...................... ...............................
Subtotal Existing Facilities
.............
SO
.............
0.165
.............
0.165
.............
0,000
.............
0.000
SO
(a)
(b)
FUTURE FACILITIES
Elevated Tank at NE Tank Site
$1,276,000
1.500
0.417
0.395
0.688
$336,137
Elevated Tank at Trinity Well X4
$1,210,000
1.500
0.417
0.395
0.688
$318,751
---------------------- --------------- ----------------
Subtotal Future Facilities
---------
$2,486,000
- - -- ------
3.000
- - ----- -----------
0.834
-- -------
0.790
- - - - -- ------
1.375
-------
5654,888
(b)
(b)
TOTAL ELEVATED STORAGE $2,486,000 3.165 0.999 0.790 1.375 $654,888 5650.84
(f)
---•-------"-_---`-------------•-- ----------------------------- ------------ •------------ `--------- - ----------------- • ------ ---"`
WATER CONSTRUCTION COST TOTAL $4,838,176
(d)
--------------------- _-------------------- _-------------------------------- _ -------------------------------
(a) Source: city records.
(b) Source: Cheatham and Associates.
(c) cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to aval table capacity.
(f) Assumes the following gals to LUE conversion factors
Supply: 1,522 gals daily
Pumpage: 1,375 gals dally
Ground Storage: 742 gals
Elevated Storage: 785 gals
(g), water supply may be either ground or surface water; costs shown are for less expensive ground water.
$1,597,649 $1,588
(d) (d)
EXHIBIT E (1)
ESTIMATED SERVICE DEMAND BY FACILITY TYPE
WASTEWATER UTILITY
------------------------------------ ---------------------------------------
VOLUME
FACILITY TYPE /LAND USE ---------------------------------------
1990 2000 ULTIMATE
--------- --------------------------- --- --- - - - - -- -- -- -- - - - - -- ------ - - - - --
AVERAGE FLOW (MGD) (a): 0.400 0.717 1.363
Gallons per capita dally 100 100 100
TOTAL LUE'S (b) 1,272 2,279 4.332
-------------------------------- ---------- --------------------------------
WASTEWATER TREATMENT AVG MGD (a):
Estimated Demand 0.400 0.717 1.363
Existing capacity (c) 0.400 0.400 0.400
............ .......... .. ............
E%CeSS/(DeflClenCy) 0.000 (0.317) (0.963)
_ _ _ -_ • •-- •- _------ ....------ - - ------------------------ ................
(a) Average flow = 100 gallons /capita /dally
(Cheatham and Associates)
(b) Wastewater LUE'S /capita same as 1990 water LUE'S /capita.
(c) Existing capacity equivalent to existing demand.
EXHIBIT E (2)
ASSOCIATED CIP INVENTORY AND COSTING
WASTEWATER UTILITY
WASTEWATER CONSTRUCTION COST TOTAL (a,b) (a,b) (a,b)
----------------------------------------------- _----------------- ""__"----------------- `__"_""--------------------- `-----------------------------
(a) Cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(b) Feepayers requiring construction of additional new lift stations will also be assessed cost of their prorata share of the facilities.
FACILITY CAPACITY
(mgd or gals)
1990-
1990 -
FACILITY
-------------------------
-------------------------
- - - - --
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION
FOR CURRENT
EXCESS
EXCESS
CAPITAL
COST
TYPE NAME
- - - - -- -------- ------------------------ -------
COST
-------- - - - --
TOTAL
------ -------
CUSTOMERS
------- - - - - -- --
< 10 YEARS
--------- -- --
> 10 YEARS
----------- -------
COST TOTAL
- - - - -- -------
PER LUE
- - - - --
TREATMENT
---------
AVG MGD
EXISTING FACILITIES
" " " " " "- " " " " " -"
Treatment (Fort Worth or other)
(a)
0,400
0.400
0,000
0.000
----- -------------- ------- -----------
Subtotal EXIsting Facilities
----------- --
-------------
0.400
------------- -------------
0.400
-------------
0.000
-------------
0.000
(a)
(a)
FUTURE FACILITIES
Treatment (Fort Worth or Other)
(a)
0.963
0.000
0.317
0.646
------ -------- ----------------- - - - - --
Subtotal Future Facilities
------ ----- --
------- - - - - --
0.963
----------- --
0.000
------- - - - - -- -------
0,317
- - ---- -------
0.646
- - - - --
(a)
(a)
TOTAL WASTEWATER TREATMENT
------------------------- "---------------------------------------------
(a)
1.363
_---------------------------------
0.400
0.317
0.646
_---------------------------------------
(a)
(a)
PUMP I NG
MGD
FUTURE FACILITIES
Localized Lift Stations
(b)
-------- ---------------------- ---------
Subtotal Future Facilities
-------------
(b)
-------------
------- - - - - --
------------- ---------
- - -- -----
--------
(b)
(b)
TOTAL WASTEWATER PUM(PAGE
_-_"------_____""-""""-----------------"--"-----------------"---`------"""----"-------"-"-"-"-"-"__--_-----------_------
- -
(b)
----- -- -- --'-
- -
(b)
_--- - "-- --- ---------
(b)
- - ---
WASTEWATER CONSTRUCTION COST TOTAL (a,b) (a,b) (a,b)
----------------------------------------------- _----------------- ""__"----------------- `__"_""--------------------- `-----------------------------
(a) Cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(b) Feepayers requiring construction of additional new lift stations will also be assessed cost of their prorata share of the facilities.
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
Everman, TX 76140 -0230
Phone (817) 478 -4661
Publishers Of:
EvERMAN TIMES
KENNEDALE NEWS
FoREST Hn,L NEWS
SOUTH COUNTY NEWS
CITY OF KENNEDALE
BEFORE ME, the undersigned authority, on this day personally appeared ARVETA RAY
who having been duly sworn, says upon her oath:
That she is the Advertising Manager of the KENNEDALE NEWS
which is a weekly newspaper published in Tarrant County, Texas with a general
circulation in the CITY of KENNEDALE
and that a copy of PUBLIC HEARING ON IMPACT FEES
which is attached to this affidavit, was published in said newspaper on the
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 14th Day of February, 1991
NOTARY PUBLIC
TEXAS
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
Everman, TX 76140 -0230
Phone (817) 478 -4661
Publishers Of:
EvERMAN TIMES
KENNEDALE NEWS
FoREST HILL NEWS
SOUTH COUNTY NEws
CITY OF KENNEDALE
BEFORE ME, the undersigned authority, on this day personally appeared ARVETA RAY
who having been duly sworn, says upon her oath:
That she is the Advertising Manager of the KENNEDALE NEWS
which is a weekly newspaper published in Tarrant County, Texas with a general
circulation in the city of KENNEDALE
and that a copy of ORDIINANCE # 1
following date(s): to wit MARCH 28TH, 1991
EXECUTED THIS 13TH DAY OF MAY, 1991
f;
A VETA RAY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 13TH DAY OF MAY, 1991
r
NOTARY PUBLIC
TEXAS
i CITY OF KENNEDALE
N OTICE OF P UBLIC HEARING ON ADOPTION
01 USE ASSUM r IMPACT FEES
A public hearing of the City of Kennedale will be held on February 18, 1991 at 7:30 in the Kennedale City Council Chambers at 209 North New Hope Road, Kennedale,
Texas to consider for adoption land, use assumptions, capitMlimprovemenls program (CIP) and impact fees for new or expanded water and wastewater service from the
municipal utilities system. The City will hold a single hearing on these issues and does not intend io hold eparate hearings to adopt, land use'dssumptions, CIP and impact
fees. ,..
The maximum fees allowable under State law are $1066 (water) and $8 (sewer) per typical residential connection. The Impact Fee Advisory Committee of the City has
recommended that the lesser amount of $625 actually be collected for a typical water service connection. In addition to the $8 wastewater fee, if a localized wastewater
lift station is required for a new development, the feepayer will be assessed a fee equivalent to the prorata share of the lift station needed for the new development. Higher
fees would be charged for larger utility service demands.
In addition to the fees above, the City of Fort Worth has slated its intention to impose impact fees for capital facilities related to the provision of treated water supply and
wastewater treatment services to its customers, including the City of Kennedale. The City of Kennedale will collect these fees from new development and remit them to
the City of Fort Worth. These fees are intended to fund capital facilities which are funded by the City of Fort Worth and which are not duplicated by the City of Kennedale.
Persons who wish to obtain additional information about Fort Worth impact fees may contact the Fort Worth Water Department, Fort Worth Municipal Building, 1000
Throckmorton, Room 224, Fort Worth, Texas 76112, (817) 870 -8220.
The potential service area of the Kennedale utilities shown in the map below is the study area for the land use assumptions, capital improvements plan and impact fees.
Fees may also be applied to customers outside the designated service area which are supplied under contract to the City of Kennedale. These fees will not apply to existing
municipal utilities customers unless they request an expansion of service through larger meters, extended or larger diarneter lines, etc., nor will they apply to City residents
who are not customers of the Kennedale utilities.
Copies of the land use assumptions, CIP and proposed impact fees can be obtained at City Hall, 209 North New Hope Road, Kennedale, Texas. Any member of the public
has the right to appear at the hearing and to present evidence for or against the proposed land use assumptions, CIP and fees. If a person, by not later than February
13, 1991, makes a written request for separate hearings, the City Council must hold separate hearings to adopt the land use assumptions and CIP. A request for separate
hearings must be sent to Ms. Linda Jones, City Secretary, PO Box 268, Kennedale, Texas 76060.
i�
Lim M MM-M
L.-
CI TY OF_ KENNEDALE "�euaain
(or Vommorrow
209 N. New Hope Road, P.O. Box 268 . Kennedale, Texas 76060 . (817) 478 -5418
March 26, 1991
To: Gene Blessing
Kennedale News
From: Linda Jones
City Secretary
Please publish the following ordinance in the Kennedale News:
CITY OF KENNEDALE
ORDINANCE NO. 1
An ordinance of the City of Kennedale, providing that the City
Code be hereby amended by adding thereto a new section concern-
ing the land use assumptions and the water and wastewater capital
improvements program underlying the development of City water
and wastewater impact fees, and concerning the resulting impact
fees derived according to the requirements of Chapter 395 of the
Texas Local Governemnt Code.
Impact fees for a 3/4" water meter shall be $400 for water and
$12 for wastewater with higher fees for larger meters.
This chapter is directed to be published as required by law
and shall be effective from and after its publication.
PASSED IN OPEN SESSION of the City Council of the City of
Kennedale, Texas, on March 14, 1991.
0
CITY OF _JKENNEDALE.
":BuiIN
for Jomntorro"I"
209 N. New Hope Road, P. O. Box 268 . Kennedale, Texas 76060 . (817) 478 -5418
March 25, 1991
To: Gene Blessing
Kennedale News
From: Linda Jones
City Secretary
Please publish the following ordinance in the Kennedale News:
CITY OF KENNEDALE
ORDINANCE NO. 1 ,
An ordinance of the City of Kennedale, providing that the City
Code be hereby amended by adding thereto a new section concern
ing the land use assumptions and the water and wastewater capital
improvements program underlying the development of City water
and wastewater impact fees, and concerning the resulting impact
fees derived according to the requirements of Cha 395 of the
Texas Local Government Code. te -r--
�i�ghe °r= �ee�-- fr��= �a�ge- rn�m�Pters r- _3/-4_n_ wa�erwa -er - -- meter:
This chapter is directed to be published as required by law
and shall be effective from and after its publication.
PASSED IN OPEN SESSION of the City Council of the City of
Kennedale, Texas, on March 14, 1991.`
Jf w�
Q
Recommendation of Land Use Assumptions,
Capital Improvements Plan for Water and
Wastewater Facilities, and Impact Fees.
WHEREA1, Chapter 395, Texas Local Government Code, requires the
Impact Fee Advisory Committee to review, comment and
make recommendations on the Land Use Assumptions,
Capital Improvements Plan, and Impact Fees; and
WHEREAS, the Land Use Assumptions, Capital Improvements Plan
for Water and Wastewater Facilities and the Equity
Residual approach to Impact Fees have been reviewed by
the Impact Fee Advisory Committee and have been found
to provide the best methods available at this time
for the assumptions of future land use, future water
and wastewater facility needs, and the calculation of
impact fees; and
WHEREKS, the Capital Improvements Plan reviewed by the Impact
Fee Advisory Committee provides for a maximum impact
fee per equivalent 5/8 inch meter of 51,066.00 for
water and *8.00 for wastewater with a recommendation
to only approve lesser fees in consideration of
recent court cases and constitutional issues, these
reduced fees to be $625.00 for water and $8.00 for
wastewater plus additional fees that way be
pa2sed-through by the City of Fort Worth; on other
municipality or utility district.
NOW THEREFORE, BE IT RECOMMENDED BY THE IMPACT FEE ADVISORY
COMMITTEE OF THE CITY OP KEMNEDALE, TEXAS:
That the City Council pass an ordinance adopting the
Land Use Assumptions and Capital Improvements Plan for
Water and Wastewater Facilities as proposed and/or
amended; and,
That the City Council pass an ordinance adopting
Impact Fees for Water and Wastewater that are
compatible with impact fees of neighboring cities; and,
That both water and wastewater fees be increased by
the amount of any pass-through fees that my be required
by the City of Fort Worth or other municipality or
utility diotrict; and,
That provisions for the following policies be included
in the enabling ordinance:
(a) That there not be a fee assessment/collection
escalator.
(b) That collections of the impact fees be required
at the time of application for a building permit
or, if a building permit is not required, that the
fees be collected at the time of application for
new or expanded water or wastewater service.
(0) That the Impact Fees be established at $400.00
for Water and $12.00 for Wastewater for a 3/4
inch water meter as the base Living Unit Equivalent
for fee calculation2.
(d) That provisions include City Council authority to
waive all or any portion of fees and/or
establish timing of collection of fees only for
(1) Gases of economic hardship.
(2) Promote general economic development.
(3) Septic tank Gutovero.
(4) Vire protection purposes.
(5) Automatic lawn or landscape sprinkler systems.
(e) Provide that it shall be the City's policy to
revise its contracts with its wholesale customers
to charge them for new development in their Oervice
areas in a manner similar to the City's retail
customers.
(f) That there be no impact fee for fire demand meters.
(g) That the City be allowed to enter into contracts
with fee payers to construct or finance portions of
the utilities and for these fee payers to receive
fee offsets in return.
(h) That appeals be allowed for
(1) Amount of fee due.
(2) Availability of fee offset or credit.
(3) Amount of refund due.
W To provide that a single family residential rate
payer who requests a larger meter should not have
to pay an impact fee; and,
That, the Committee strongly recommends that City Council take�?
immediate and concerted action to seek, evaluate, and obtain
sources for water other than well water including, but not
limited to, the Trinity River Authority and other regional
efforts.
PASSED AND APPROVED by the Impact Fee Advisory Committee of the
City of Kennedale, Texas, this 44 th day of February, 1991,
k
Ghairperpon, Kary Salinas
Impact Fee Advisory Committee
IMPACT FEE PACKET
DEVELOPMENT OF
WATER AND WASTEWATER LAND USE ASSUMPTIONS,
CAPITAL IMPROVEMENTS PROGRAMS
AND IMPACT FEES
ACCORDING TO THE REQUIREMENTS OF
CHAPTER 395 OF THE LOCAL GOVERNMENT CODE
It nI:Ti70Iile l[01il
The 70th Texas Legislature passed Senate Bill 336 (later codified as Chapter 395 of the
Local Government Code) regulating various types of exactions for water, sewer, roadway and
drainage capital improvements. These fees and dedication requirements are defined in the
legislation as "impact fees ". Such fees include not only traditional impact (or "capital recovery")
fees, but also lot, acreage, frontage and other typical assessments for capital facilities. Impact
fees also include "contributions in aid of construction ", such as off -site approach main and
roadway dedications. The legislation laid out very specific requirements for the technical
development and public coordination of such fee programs. In particular, a Chapter 395
Advisory Committee must be appointed to make recommendations to the City Council on the
Capital Improvements Program underlying the fees and on the fees themselves.
This information packet contains information on the proposed water and wastewater
land use assumptions, capital improvements plan (CIP) and impact fee proposals that have been
developed and recommended by the Advisory Committee appointed by the City Council of
Kennedale. This land use, CIP and fee material will constitute the focus of the public hearing
of the impact fee process to be held on February 18 ,1991.
LAND USE ASSUMPTIONS
A part of the Chapter 395 requirements is that Kennedale establish 'land use
assumptions" to be used in the development of these fees. The Advisory Committee has
recommended adoption of the land use assumptions in Table 1.
Service Area - The attached map shows the service area which is used as the basis
for utility planning and fee development. The service area map does not represent a
commitment of Kennedale to either serve or not serve a specific location, but rather represents
the planning basis for developing a water and wastewater Capital Improvements Program, utility
costs and fees per unit of utility service. The service area map does not necessarily represent
locations in which fees will or will not be assessed. Rather, fees may be assessed to new or
1
CAPITAL IMPROVEMENTS PROGRAM PLAN
Conversion Table Chapter 395 requires a conversion table of service units in order that
requests for utility service from various customers can be stated in a common measure of
potential demand for fee calculation purposes. That information is shown in Table 2. This
table shows how demand may be expressed in living units equivalent (LUE's) based on water
meter size. The Utilities' smallest typical water meter (5/8 ") is used as the base, and demand
by other meter sizes is scaled upward proportionate to the ratio of the larger meter's continuous
duty maximum flow to that of the smallest meter. Although the water meter size may be used
as the determinant of wastewater LUE's, there are sometimes circumstances in which water
meter size overestimates wastewater flow -- such as in consumptive commercial uses or
industrial processes. For these reasons, it is recommended that a provision be included in the
Impact fee ordinance permitting the Utility manager to establish an appropriate number of
wastewater LUE's for an individual customer when presented with documentation from a
professional engineer regarding the likely wastewater flow of a particular project.
Projected Service Units for New Development Tables 3 and 4 present information on
projected service units and facility needs within the next ten years and at full buildout, as
required by the legislation. A water LUE was established as 451 gallons daily, and a
wastewater LUE as 210 gallons daily.
CIP Development for Existing and Future Needs. Given the demand projections in
Tables 3 and 4, a CIP was developed for each utility, including existing facilities, retrofit and
upgrade facilities and future facilities, as required by the legislation. Then, as further required
by Chapter 395, the needs of existing customers were separated from those of customers in
the next ten years, and costs were weighted accordingly. (In some facilities, there was capacity
for customers beyond the ten year horizon as well.) These results are shown in Tables 5 and
6.
As can be seen in the CIP tables, some of the costs which will be recovered in a fee
are not expressly known. First, the City of Fort Worth currently provides wastewater service to
the City of Kennedale, for which it intends to charge an impact fee. The amount of that fee
is not currently known, and may change over time. Kennedale will pass that fee directly
through to new development and subsequently transmit fee proceeds to Fort Worth. Fee payers
desiring further information about Fort Worth fees should contact the Fort Worth Water
Department, (817) 870 -8220.
K
FEE CALCULATION
Calculation of Credit for Future Rate Payments In order to assess a fair fee which takes
into account the various ways in which utility customers pay their capital costs, a credit was
calculated for future rate payments to be made by the feepayers (i.e., new customers),
equivalent to future rate payments by existing customers. Those calculations are shown in
Table 7 for the water utility. Since the wastewater utility has no debt for any items to be
included in the fee base (and expects none in the future), credits were not calculated for
wastewater.
It should be noted that rate credits are not required under State law. These credits are
provided in order to be consistent with the rulings in earlier constitutional court challenges to
impact fees.
Maximum Fee Calculation. The remaining steps of calculation for the maximum possible
water fees are shown in Table 8. The maximum fees were thus established as $625 for water
(plus Fort Worth impact fees) and as $8 for wastewater (plus Fort Worth impact fees and
possible lift station /force main costs). The Advisory Committee has recommended that these
fees be charged to all new development.
5
TABLE 2
LUE EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS
.........,.......................... ............................... ...............................
CONTINUOUS
DUTY RATIO
METER METER MAXIMUM TO 5/8
TYPE SIZE RATE METER
(opm)
............................................. ...............................
SIMPLE
5/8 X 3/4
10
1.0
SIMPLE
3/4
15
1.5
SIMPLE
1
25
2.5
SIMPLE
1 -1/2
SO
5.0
SIMPLE
2
80
8.0
COMPOUND
2
80
8.0
TURBINE
2
100,
10.0
COMPOUND
J
160
16.0
TURBINE
J
240
24.0
COMPOUND
I
250
25.0
TURBINE
4
420
42.0
COMPOUND
6
So0
50.0
TURBINE
6
920
92.0
COMPOUND
8
800
60.0
TURBINE
8
1600
160.0
COMPOUND
10
1150
115.0
TURBINE
10
2500
250.0
TURBINE
12
3300
330.0
SOURCE: AWWA standards C700. C701. 0701. C703.
CURRENT METER COUNT AND ESTIMATION OF LIVING UNITS EQUIVALENT
WATER UTILITY
............................................. ...............................
Number of LUES per Number of
Meter size Motors Meter [a] LUES
5/e
1.424
1.0
1.424
1
59
2.5
148
1.5
17
5.0
85
2
19
8.0
152
6
2
50.0
............
100
...... .............................. ............
Total
............
1.521
1.909
.............................................
[a] Derived from AWWA C700-C703 standards
...............................
for continuous
rated
flow perlormance,ol meters scaled to
5/8- meter.
TABLE 4
ESTIMATED SERVICE DEMAND BY FACILITY TYPE
WASTEWATER UTILITY
-----__"--------------------"------^^----------------_•_-------------------
VOLUME
FACILITY TYPE /LAND USE ---------------------------------------
1990 2000 ULTIMATE
----- ------------------------- - - - - -- -- ---- - - ---- ------ - - - - -- ------ - - - - --
AVERAGE FLOW (MGD) (a):
0.400
0.717
1.363
Gallons per capita dally
100
too
JOB
TOTAL LUE'S (b)
---`--«---•-•_-`--•---""----------`-"'-"'--`-•--`^•----------------------
1,909
3,418
6,498
WASTEWATER TREATMENT AVG MGD (a):
- -- Estimated Demand
0.400
0.717
1.363
Existing Capacity (c)
0.400
0.400
0.400
------
E%Ce$5/(DefIciency)
- - - - -- ---
0.000
--- - - - - -- ------
(0.317)
- - - - --
(0.963)
---------------------------------------------- .----------------------------
(a) Average flow = 100 gallons /capita /dally
(Cheatham and Associates)
(b) Wastewater LUE's /capita same as 1990 water LUE's /caplta.
(c) Existing capacity equivalent to existing demand.
TABLE 5 (Concluded)
MG
ASSOCIATED CIP INVENTORY AND COSTING
WATER UTILITY
.._....---`---------------"---------------------------------------------------------------------------------------------------'-------------------
--------
- - - - --
FACILITY CAPACITY (mgd or gals)
1990-
1990 -
FACILITY .........................
...............................
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION FOR CURRENT EXCESS EXCESS
CAPITAL
COST
TYPE NAME
COST TOTAL CUSTOMERS 10 YEARS > 10 YEARS
COST TOTAL
PER LUE
GROLM STORAGE
--------------
WATER CONSTRUCTION COST TOTAL $4,838,176 $1,597,649 $1,059
(d) (d) (d)
--------------------- --------- .---------------------------------------------------------------------------------------- .-------------------------
(a) Source: city records.
(b) Source: Cheatham and Associates.
(c) Cost Is determined by supplier: supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also Include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to available capacity.
(f) Assumes the following gals to LUE conversion factors
Supply: 1,015 gals dally
Pumpage: 917 gals daily
Ground Storage: 495 gals
Elevated Storage: 524 gals
MG
EXISTING FACILITIES
--------
- - - - --
Tank x1
n/a
0,460
Tank 02 (Standpipe)
n/a
0.555
Tank #3 at Trinity Well M3
$176,833
0.325
-------- -------------------------------
Subtotal EXIStIng Facilities
------------- -------------
$176,833
-------------
1.340
----
0.945
--------- -------------
0.395
-------------
0.000
$52,187
$34.58
(a)
(b)
FUTURE FACILITIES
Trinity Well 05 Tank
$181,575
0.500
Tank at Fort Worth Connection
$475,549
1.185
---------- -----------------------------
SUbtotal Future facilities
------------- -------------
$657,124
-------------
1.685
----
01000
--- ------ -------------
0.352
- ------------
1.333
$137,091
$90.83
(b)
(b)
L M
TOTAL GRO STORAGE
$833,957
3.025
0.945
0.747
1.333
•••`•`
$189,278
$125. 40
_--..-------------------------------•-------------------_---------------------------------------------------.------------
-------- -----"-----
(f)
- -` - -.
ELEVATED STORAGE
----------------
MG
EXISTING FACILITIES
`----
`-- - - -- ""
Standpipe
n/a
0.165
.....................................................
Subtotal EXisting Facilities
......
$0
....... .............
0,165
.............
0,165
.............
0.000
.............
0.000
SO
$0.00
(a)
(b)
FUTURE FACILITIES
Elevated Tank at NE Tank Site
$1,276,000
1.500
0.417
0.395
0.688
$336,137
Elevated Tank at Trinity Well d4
$1,210,000
1.500
0,417
0,395
0.688
$318,751
-----------------------------------------------------
Subtotal Future Facilities
-------
$2,486,000
- - - - -- -------
3.000
- - - - -- -------
0.834
- - - - -- -------
0.790
------ -------
1.375
- - - - --
$654,888
$433.89
(b)
(b)
TOTAL ELEVATED STORAGE
$2.486,000
3.165
`e
0.999
=
0.790 .........
...........
1.375
$654 `•'
• 868 433.89
..----•--...-------"'----------------------.--`------°--------------"------------------------°---------------
- --- ----
--- °'----- ----
(f)
---- -" -` --
WATER CONSTRUCTION COST TOTAL $4,838,176 $1,597,649 $1,059
(d) (d) (d)
--------------------- --------- .---------------------------------------------------------------------------------------- .-------------------------
(a) Source: city records.
(b) Source: Cheatham and Associates.
(c) Cost Is determined by supplier: supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also Include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to available capacity.
(f) Assumes the following gals to LUE conversion factors
Supply: 1,015 gals dally
Pumpage: 917 gals daily
Ground Storage: 495 gals
Elevated Storage: 524 gals
TABLE 7
CATEGORIZATION OF UTILITY DEBT
WATER UTILITY
B" ISSUE
FACILITY
CAPACITY
TOTAL
FACILITY ____________________ _________________
________________________
DEBT PAYBACK
------------------------ ------
ISSUANCE
ISSUANCE
REMAINING
I
FOR CURRENT
PER CURRENT
TYPE NAME
------ --- --- --------- --------
DATE
--------------------------------------------------------------------------•---
AMOUNT
PAYBACK
TOTAL
CUSTOMERS
LUE
SUPPLY
Trinity t4 Well
Prospective
$450,450
$945,611
0.504
0.068
$67
Trinity ♦5 Well
Prospective
$415,973
$873,234
0.504
0.068
$62
Subtotal Supply
............
............
$1,818,846
............
1.008
............
0.136
............
$129
ELEVATED STORAGE
Elevated Tank at NE Tank Site
Prospective
$1,339,800
$2,8t2,588
1,500
0,417
$410
Elevated Tank at Trinity Well
Prospective
$1,270,500
$2,667,109
1.500
0.417
$389
Subtotal Elevated Storage
...............................................
$2,610,300
$5,479,697
...............................
3.000
0.834
$798
.................... . ............... .. ......... . ....... . ...................................... n...._xea.....
WATER OUTSTANDING DEBT TOTAL $927
(a) Assume financing parameter: 7.75% Interest & 20 years & bonding costs of 5.0%
over construction costs.
CITY OF---KENNEDALE "�Bui1xn
`or J ommorro►J"
209 N. New Hope Road, P.O. Box 268 • Kennedale, Texas 76060 . (817) 478 -5418
December 14, 1990
To: Gene Blessing
Kennedale News
From: Linda Jones
City Secretary
Please publish the attached public hearing notice on December 20,
27 and January 3. The ad must not be published in the legal notices
or classified ads. It must be at least 4 page ad. The ad line must
be 18 -point type or larger. Thank you.
CITY OF KENNEDALE
NOTICE OF PUBLIC HEARING ON ADOPTION
OF LAND USE ASSUMPTIONS AND IMPACT FEES
A public hearing of the City of Kennedale will be held on February 18, 1991 at 7:30 in the
Kennedale City Council Chambers at 209 North New Hope Road, Kennedale, Texas to consider
for adoption land use assumptions, capital improvements program (CIP) and impact fees for new
or expanded water and wastewater service from the municipal utilities system. The City will hold
a single hearing on these issues and does not intend to hold separate hearings to adopt land
use assumptions, CIP and impact fees.
The maximum fees allowable under State law are $1066 (water) and $8 (sewer) per typical
residential connection. The Impact Fee Advisory Committee of the City has recommended that
the lesser amount of $625 actually be collected for a typical water service connection. In
addition to the $8 wastewater fee, if a localized wastewater lift station is required for a new
development, the feepayer will be assessed a fee equivalent to the prorata share of the lift
station needed for the new development. Higher fees would be charged for larger utility service
demands.
In addition to the fees above, the City of Fort Worth has stated its intention to impose impact
fees for capital facilities related to the provision of treated water supply and wastewater treatment
services to its customers, including the City of Kennedale. The City of Kennedale will collect
these fees from new development and remit them to the City of Fort Worth. These fees are
intended to fund capital facilities which are funded by the City of Fort Worth and which are not
duplicated by the City of Kennedale. Persons who wish to obtain additional information about
Fort Worth impact fees may contact the Fort Worth Water Department, Fort Worth Municipal
Building, 1000 Throckmorton, Room 224, Fort Worth, Texas 76112, (817) 870 -8220.
The potential service area of the Kennedale utilities shown in the map below is the study area
for the land use assumptions, capital improvements plan and impact fees. Fees may also be
applied to customers outside the designated service area which are supplied under contract to
the City of Kennedale. These fees will not apply to existing municipal utilities customers unless
they request an expansion of service through larger meters, extended or larger diameter lines,
etc., nor will they apply to City residents who are not customers of the Kennedale utilities.
Copies of the land use assumptions, CIP and proposed impact fees can be obtained at City
Hail, 209 North New Hope Road, Kennedale, Texas. Any member of the public has the right
to appear at the hearing and to present evidence for or against the proposed land use
CHID
assumptions, CIP and fees. If a person, by not later than February 13, 1991, makes a written
request for separate hearings, the City Council must hold separate hearings to adopt the land
use assumptions and CIP. A request for separate hearings must be sent to Ms. Linda Jones,
City Secretary, PO Box 268, Kennedale, Texas 76060.
D -4
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RIMROCK
Consulting Company
1101 Capital of Texas Hwy S., Suite E -205
Austin, Texas 78746
----
(512) 328 -9087 FAX (512) 328 -9384
November 15, 1990
Mr. Ted Rowe
City Administrator
City of Kennedale
209 North New Hope Road
Kennedale, Texas 76060
�
HAND DELIVERED
Dear Ted:
Please find attached various documents\yo'u will need to call and notice the public hearing for
the impact fees. First, there is a Council resolution to be passed at their December 13 meeting.
This first resolution sets the date of the public headng_as February 1991.
Appended to that resolution are various notification documents. Public notice requirements are
provided, which you may submit to the newspaper. Please note that the first public notice must
be ; placed in the paper exactly 60 days ±before the public hearing. That would be December
16 for a hearing on February 14. Also, you must notify certain persons of the hearing by
certified mail, as laid out in the instructions. This must be done at least 31 ' days before the
hearing. '` I have also included the wording for the public notice. As we discussed on the
phone, some of the information in the notice is required by law, some of it is advisable due to
the pass- through Fort Worth fee, and other wording simply provides additional information to
the reader which may tend to reduce public confusion. If you need to reduce the size of the
notice, please let me know and I will guide you about what can be cut out.
Please note that in addition to the written notice, you will have to supply the newspaper with
a copy of the 'service area. ; Mike Monroe can give you that map.
On or before the date of the first notice, you will have to have available to the public copies
of a public information packet. That is also enclosed; again, you will have to obtain a map
from Cheatham personnel to attach to this packet. You may want to give this packet to the
Council for their December 13 meeting.
Finally, after the hearing, the Council has 30 days to act on adoption of the land use
assumptions, CIP and fees. Hopefully, we will have an ordinance for them to pass at that time.
planning economics /finance environmental
regulatory management policy analysis
Rimrock Consulting Company
Page 2
However, as a precaution I am including a resolution for them to „pass which simply ;adopts the
study assumptions and results and directs the drafting of an ordinance. If they pass this
resolution within 30 days, they will have met the technical requirements of the law whether or
not the ordinance has been fully enacted. (Note that the ordinance cannot be passed on an
emergency basis; therefore, if Kennedale typically has more than one reading for an ordinance,
the once -a -month meeting schedule for the Council will preclude full passage of the ordinance
within the 30 -day deadline.)
Please let me know if you need any changes or any further information. Following the Advisory
Committee's and Staff's recommendations on policy issues, we will draft the ordinance for
submission to the City Attorney.
Sincerely,
)" 1-
Mickey Fishbeck, AICP
Principal
enclosure
PUBLIC NOTICE REQUIREMENTS
City shall publish Notice of the hearing once a week for three consecutive weeks, the
first notice to appear 60 days before the date set for the hearing, in one or more newspapers>
with general circulation in Tarrant County.
The notice shall not be in the part of the paper in which legal notices and classified ads
appear and shall not be smaller than one quarter page of a standard size or tabloid -size
newspaper and the headline on the Notice must be in 18 -point or larger type
D -1
CERTIFIED MAIL NOTICE
At least 31 days before the hearing, the City shall send a notice of the hearing by certified mail
to any person who has given written notice by certified or registered mail to the City Secretary
or other designated official of the City requesting notice of such hearing within two years
preceding the date of the adoption of the resolution or order setting the public hearing.
LAN
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE
APPROVING LAND USE ASSUMPTIONS,
WATER AND WASTEWATER CAPITAL IMPROVEMENTS PLAN
AND WATER AND WASTEWATER IMPACT FEES
Whereas, the governing body of the City of Kennedale has appointed an Advisory Committee,
as per the provisions of Chapter 395 of the Texas Local Government Code, to guide the development
of planning, land use, capital improvements plan and impact fee information for the existing and future
water and wastewater utilities; and
Whereas, this advisory information ultimately will be used the City of Kennedale in its adoption
of an impact fee ordinance; and
Whereas, the City Council of the City of Kennedale, at its regularly scheduled session of
December 13, 1990, called for a Public Hearing to seek public comment on the proposed land use
assumptions, the proposed capital improvements program and impact fees; and
Whereas, the City of Kennedale made requisite public notice of such Public Hearing for three
consecutive weeks in a general circulation local newspaper, the first such notice appearing 60 days in
advance of the proposed Hearing date; and
Whereas, the City of Kennedale made publically available on or before the date of the first
publication of the notice various information concerning the Public Hearing issues; and
Whereas, the City Council of the City of Kennedale has received public testimony on February
14, 1991 from the general public, appointed representatives of the Advisory Committee, and technical
consultants to the Advisory Committee;
Whereas, the Advisory Committee filed written comments on the proposed capital improvements
plan and impact fees not less than five business days prior to the public hearing;
Therefore, be it resolved, the governing body of the City of Kennedale hereby adopts on a non -
emergency basis the attached land use assumptions, water and wastewater capital improvements
program and resulting impact fees, under the provisions of Chapter 395 of the Texas Local Government
Code (e.g., Senate Bill 336, 70th Texas Legislature, as amended by Texas House Bill 1786, 71st
Legislature), and orders the drafting of an ordinance enacting such fees.
PASSED AND APPROVED:
Honorable Steve Radakovich
Mayor
APPROVED:
Donald Drive
City Attorney
1991 §
ATTEST:
Linda Jones
City Secretary
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE
APPROVING LAND USE ASSUMPTIONS,
WATER AND WASTEWATER CAPITAL IMPROVEMENTS PLAN
AND WATER AND WASTEWATER IMPACT FEES
Whereas, the governing body of the City of Kennedale has appointed an Advisory Committee,
as per the provisions of Chapter 395 of the Texas Local Government Code, to guide the development
of planning, land use, capital improvements plan and impact fee information for the existing and future
water and wastewater utilities; and
Whereas, this advisory information ultimately will be used by the City of Kennedale in its adoption
of an impact fee ordinance; and
Whereas, the City Council of the City of Kennedale, at its regularly scheduled session of
December 13, 1990, called for a Public Hearing to seek public comment on the proposed land use
assumptions, the proposed capital improvements program and impact fees; and
Whereas, the City of Kennedale made requisite public notice of such Public Hearing for three
consecutive weeks in a general circulation local newspaper, the first such notice appearing 60 days in
advance of the proposed Hearing date; and
Whereas, the City of Kennedale made publically available on or before the date of the first
publication of the notice various information concerning the Public Hearing issues; and
Whereas, the City Council of the City of Kennedale has received public testimony on February
14, 1991 from the general public, appointed representatives of the Advisory Committee, and technical
consultants to the Advisory Committee;
Whereas, the Advisory Committee filed written comments on the proposed capital improvements
plan and impact fees not less than five business days prior to the public hearing;
Therefore, be it resolved, the governing body of the City of Kennedale hereby adopts on a non -
emergency basis the attached land use assumptions, water and wastewater capital improvements
program and resulting impact fees, under the provisions of Chapter 395 of the Texas Local Government
Code (e.g., Senate Bill 336, 70th Texas Legislature, as amended by Texas House Bill 1786, 71st
Legislature), and orders the drafting of an ordinance enacting such fees.
PASSED AND APPROVED:
..
APPROVED: ATTEST:
Donald Drive
City Attorney
Honorable Steve Radakovich
Mayor
Linda Jones
City Secretary
RESOLUTION OF THE
CITY OF KENNEDALE
CALLING FOR A PUBLIC HEARING
ON LAND USE ASSUMPTIONS,
WATER AND WASTEWATER CAPITAL IMPROVEMENTS PROGRAM
AND ADOPTION OF IMPACT FEES
The City Council of the City of Kennedale hereby adopts by resolution a call for a public
hearing to be held on February 14, 1991 at 7:30 p.m. in the City Council Chambers at City Hall,
Kennedale, Texas. The purpose of this public hearing is to receive public comment concerning
the land use assumptions and the water and wastewater capital improvements program
underlying the development of City water and wastewater impact fees, and concerning the
resulting impact fees derived according to the requirements of Chapter 395 of the Texas Local
Government Code.
Public notice of such hearing will be made 60 days in advance of the hearing according
to applicable legal criteria for noticing requirements attached hereto and made a part of this
resolution.
PASSED AND APPROVED:
,1990 §
Honorable Steve Radakovich
Mayor
APPROVED: ATTEST:
Donald Driver
City Attorney
Linda Jones
City Secretary
DEVELOPMENT OF
WATER AND WASTEWATER LAND USE ASSUMPTIONS,
CAPITAL IMPROVEMENTS PROGRAMS
AND IMPACT FEES
ACCORDING TO THE REQUIREMENTS OF
CHAPTER 395 OF THE LOCAL GOVERNMENT CODE
INTRODUCTION
The 70th Texas Legislature passed Senate Bill 336 (later codified as Chapter 395 of the
Local Government Code) regulating various types of exactions for water, sewer, roadway and
drainage capital improvements. These fees and dedication requirements are defined in the
legislation as "impact fees ". Such fees include not only traditional impact (or "capital recovery")
fees, but also lot, acreage, frontage and other typical assessments for capital facilities. Impact
fees also include "contributions in aid of construction ", such as off -site approach main and
roadway dedications. The legislation laid out very specific requirements for the technical
development and public coordination of such fee programs. In particular, a Chapter 395
Advisory Committee must be appointed to make recommendations to the City Council on the
Capital Improvements Program underlying the fees and on the fees themselves.
This information packet contains information on the proposed water and wastewater
land use assumptions, capital improvements plan (CIP) and impact fee proposals that have been
developed and recommended by the Advisory Committee appointed by the City Council of
Kennedale. This land use, CIP and fee material will constitute the focus of the public hearing
of the impact fee process to be held on February 18, 1991.
.0 u' •►
A part of the Chapter 395 requirements is that Kennedale establish 'land use
assumptions" to be used in the development of these fees. The Advisory Committee has
recommended adoption of the land use assumptions in Table 1.
Service Area - The attached map shows the service area which is used as the basis
for utility planning and fee development. The service area map does not represent a
commitment of Kennedale to either serve or not serve a specific location, but rather represents
the planning basis for developing a water and wastewater Capital Improvements Program, utility
costs and fees per unit of utility service. The service area map does not necessarily represent
locations in which fees will or will not be assessed. Rather, fees may be assessed to new or
1
expanded Kennedale customers within the Kennedale city limits, to similar customers within the
Kennedale extraterritorial jurisdiction (ETJ), and to other new or expanded customers which have
a service contract with Kennedale. Fees will not be assessed to existing customers of the water
or sewer utilities (who do not require significantly expanded service) nor to landowners or
residents who are not water or sewer customers of Kennedale.
"Land Use" (Growth) Assumptions - Chapter 395 requires that Kennedale project
changes in population, land uses, densities, and intensities of development within the service
area within the next ten years and at full buildout. These assumptions are shown in Table 1.
Although full buildout projections are required to meet the requirements of Chapter 395, impact
fees will be based only on growth projections for the next ten years (1990- 2000).
Current population of the water and wastewater service area is based upon preliminary
1990 Census figures. Population growth during the next ten years is projected at a 6% annual
growth rate, based on historical information, consultation with City Staff officials, and
recommendation of the Advisory Committee. Land use, distributions are based on data in the
City's Land Use and Thoroughfare Plan Full buildout population and land use assumptions
are also based on data and standards in the Plan Land use assumptions have been reviewed
by City Staff and recommended by the Advisory Committee.
These assumptions will be used in the development of a Capital Improvements Program
(CIP), upon which proposed impact fees are based. It is the intent of the Advisory Committee
to examine the total array of capital facilities required to provide water and wastewater service
to Kennedale customers for possible inclusion in the impact fees, except for water and sewer
lines. The types of facilities which are included in the CIP and for which fees may be charged
include the following:
Water Utilitv
Water Supply
Water Treatment
Water Storage
Water Pumping
Wastewater Utilitv
Wastewater Treatment
Wastewater Pumping (Lift Stations) and Associated Force Mains
FA
CAPITAL IMPROVEMENTS PROGRAM PLAN
Conversion Table Chapter 395 requires a conversion table of service units in order that
requests for utility service from various customers can be stated in a common measure of
potential demand for fee calculation purposes. That information is shown in Table 2. This
table shows how demand may be expressed in living units equivalent (LUE's) based on water
meter size. The Utilities' smallest typical water meter (5/8 ") is used as the base, and demand
by other meter sizes is scaled upward proportionateto the ratio of the larger meter's continuous
duty maximum flow to that of the smallest meter. Although the water meter size may be used
as the determinant of wastewater LUE's, there are sometimes circumstances in which water
meter size overestimates wastewater flow -- such as in consumptive commercial uses or
industrial processes. For these reasons, it is recommended that a provision be included in the
impact fee ordinance permitting the Utility manager to establish an appropriate number of
wastewater LUE's for an individual customer when presented with documentation from a
professional engineer regarding the likely wastewater flow of a particular project.
Projected Service Units for New Development Tables 3 and 4 present information on
projected service units and facility needs within the next ten years and at full buildout, as
required by the legislation. A water LUE was established as 451 gallons daily, and a
wastewater LUE as 210 gallons daily.
CIP Development for Existing and Future Needs. Given the demand projections in
Tables 3 and 4, a CIP was developed for each utility, including existing facilities, retrofit and
upgrade facilities and future facilities, as required by the legislation. Then, as further required
by Chapter 395, the needs of existing customers were separated from those of customers in
the next ten years, and costs were weighted accordingly. (In some facilities, there was capacity
for customers beyond the ten year horizon as well.) These results are shown in Tables 5 and
6.
As can be seen in the CIP tables, some of the costs which will be recovered in a fee
are not expressly known. First, the City of Fort Worth currently provides wastewater service to
the City of Kennedale, for which it intends to charge an impact fee. The amount of that fee
is not currently known, and may change over time. Kennedale will pass that fee directly
through to new development and subsequently transmit fee proceeds to Fort Worth. Fee payers
desiring further information about Fort Worth fees should contact the Fort Worth Water
Department, (817) 870 -8220.
3
Fort Worth does not currently provide water service to Kennedale, but may in the future.
In the event of such service provision, Fort Worth water impact fees will also be passed through
to Kennedale new growth.
Finally, there is occasionally a need for a new development to construct wastewater lift
stations and associated force mains, usually for temporary use. If such need occurs, the new
development causing such need will pay for these facilities. If more than one new development
needs the facility, each development will pay its prorata share of lift station /force main costs.
Because these costs are unknown and will occur only for individual developments (and not
necessarily for all new development), the amount of their costs is not shown.
Summary results of the cost analyses used in the fee calculations are as follows:
CAPITAL COST ELEMENT COST/LUE"
WATER
Supply (Kennedale Wells) $ 473
Supply/Treatment (Fort Worth or other surface water) $ —
Pumping $ 27
Ground Storage $ 125
Elevated Storage $ 434
CIP and Fee Study Costs $ 8
Total Water Capital Cost $1,088
WASTEWATER
Wastewater Treatment $ *"
Lift Stations /Force Mains $ *•*
CIP and Fee Study Costs $ 8
Total Wastewater Capital Costs $ 8
TOTAL WATER AND WASTEWATER $1,074
plus Fort
Worth fees &
lift stations
* An LUE is equal to use by a typical household with a 5/8' water meter.
To be determined by the City of Fort Worth or other service provider.
To be determined on an individual, prorate. basis.
4
FEE CALCULATION
Calculation of Credit for Future Rate Payments In order to assess a fair fee which takes
into account the various ways in which utility customers pay their capital costs, a credit was
calculated for future rate payments to be made by the feepayers (i.e., new customers),
equivalent to future rate payments by existing customers. Those calculations are shown in
Table 7 for the water utility. Since the wastewater utility has no debt for any items to be
included in the fee base (and expects none in the future), credits were not calculated for
wastewater.
It should be noted that rate credits are not required under State law. These credits are
provided in order to be consistent with the rulings in earlier constitutional court challenges to
impact fees.
Maximum Fee Calculation The remaining steps of calculation for the maximum possible
water fees are shown in Table 8. The maximum fees were thus established as $625 for water
(plus Fort Worth impact fees) and as $8 for wastewater (plus Fort Worth impact fees and
possible lift station /force main costs). The Advisory Committee has recommended that these
fees be charged to all new development.
�i
TABLE 1
PLANNING ASSUMPTIONS APPLIED TO
WATER AND WASTEWATER
SERVICE AREAS
,... __........_.,.. ---------------------
.-------------- .--------------
1990
.........----------------------------------------------
2000
ULTIMATE
LAMUSE
______ ______ ___
__ __ _ _ _ __ ___
_____________________
_________________________
----------- --------- ------------
ACRES [a]
- - -- - ------ --- -- ------
% ACRES [b]
------ ------ - - - --- ------------
%
------------
ACRES [a1
------------
%
RESIDENTIAL AM SID
587.00
16.98%
1,300.50
37.61%
2,014.00
58.24%
COMMERCIAL
65.00
1.88%
218.50
6.32%
372.00
10.76%
INDUSTRIAL
300.00
8.68%
393.50
11.38%
487.00
14.08%
PUBLIC /SEMI - PUBLIC
85.00
2.46%
113.50
3.28%
142.00
4.11%
FLOODPLAIN
443.00
12.81%
443.00
12.81%
443.00
12.81%
AGRICULTURE/VACANT/UNDEVELOPED
1,978.00
57.20%
989.00
28.60%
0.00
0.00%
____________ ____________ ____________ _______ _ __ __ ______ ____ __ ------------
TOTAL ACREAGE 3,458.00 100.00% 3,458.00 100.00% 3,458.00 100.00%
POPULATION 4,003 7,169 13,630
POPULATION PER ACRE 1.16 2.07 3.94
[a] source: Cheatham and ASSOCIates.
[b] Prorated.
TABLE 2
1,424
1.0
1,424
LUE EQUIVALENCIES FOR
VARIOUS TYPES AND SIZES OF WATER
METERS
148
1.5"
17
CONTINUOUS
85
2"
19
DUTY
RATIO
METER
METER
MAXIMUM
TO 5/8
TYPE
SIZE
RATE
METER
[a] Derived from AWWA C700 -0703
standards for continuous
(9pm)
SIMPLE
5/8" X 3/4"
10
1.0
SIMPLE
3/4"
15
1.5
SIMPLE
1"
25
2.5
SIMPLE
1 -1/2"
50
5.0
SIMPLE
2"
80
8.0
COMPOUND
2"
80
8.0
TURBINE
2"
100
10.0
COMPOUND
3"
160
16.0
TURBINE
3"
240
24.0
COMPOUND
4"
250
25.0
TURBINE
4"
420
42.0
COMPOUND
6"
500
50.0
TURBINE
6"
920
92.0
COMPOUND
8"
800
80.0
TURBINE
8"
1600
160.0
COMPOUND
10"
1150
115.0
TURBINE
10"
2500
250.0
TURBINE
12"
3300
330.0
SOURCE: AWWA Standards C700, C701, C702, C703.
CURRENT METER COUNT AND ESTIMATION OF LIVING UNITS EQUIVALENT
WATER UTILITY
Number of LUES per Number of
Meter SIZe Meters Meter [a] LUES
----- ---- ------ ----- --- -- ---- -- - - --- ---- -- - - -- -- ------ ---- -- -- --- --- - ---
5/8"
1,424
1.0
1,424
1"
59
2.5
148
1.5"
17
5.0
85
2"
19
8.0
152
6"
------ -----
2
50.0
100
----------------- -- ----
Total
-- - ------ - - --- --- ---------
1,521
-- ----------
1,909
[a] Derived from AWWA C700 -0703
standards for continuous
rated
flow performance,of meters
scaled to 5/8" meter.
TABLE 3
ESTIMATED SERVICE DEMAND BY FACILITY TYPE
WATER UTILITY
______________.,________-_____--_-_-_----_.._---_----_-------_______--___-
VOLLNIE
FACILITY TYPE /LAND USE ---------------------------------------
1990 2000 ULTIMATE
----- ------------ ----------------- -- ------ - - - - -- ------ - - - - -- - -----------
AVERAGE DEMAND (MGD) (a)
0.861
1.541
2.930
Gallons per Capita dally
215
215
215
TOTAL LUE'S (b)
1,909
3,418
6,498
-------------------------- ._. ------------------
WATER SUPPLY PEAK MGD (c):
.,----------------------
1.790 3.403
_...,.._
Estimated Demand
1.936
3.468
6.594
Existing Capacity (g)
1.800
1.800
1.800
EXcess /(Deficiency)
------ - - - - -- ------
(0.136)
- - - - -- ------
(1.668)
- - ----
(4.794)
---------------- .------------ .,---------------------------
PUMPING PEAK MGD (d)
meters. 2000 and ultimate
_----------------
._
Estimated Demand
1.749
3.132
5.956
Existing Capacity (g)
2.736
2.736
2.736
Excess/(Deficiency)
------ - - - --- ------
0.987
- - - --- ------------
(0.396)
(3.220)
------------
GROLM STORAGE MG: (e)
Estimated Demand
0.945
1.692 3.216
EXlsting Capacity (g)
1.340
1.340 1.340
Excess /(Deficiency)
------ - - - - --
0.395
---- -------- ------------
(0.352) (1.876)
..----------------------------------------------
ELEVATED WATER STORAGE MG: (f)
------------
--------- ------ --
Estimated Demand
0.999
1.790 3.403
Existing Capacity (g)
0.165
0.165 0,165
EXCeSS /(Deficiency)
------ - - - - --
(0.834)
------ - - - - -- - ------- ----
(1.625) (3.238)
_---_-_-------------------------"-'__----_--_------------------------------
(a) Average demand
215
gals /capita /daily
(Cheatham and Associates)
(b) 1990 LUE's based on count of equivalent
5/8"
meters. 2000 and ultimate
LUE's determined by 1990 persons
per LUE:
LUE =
2.10
persons.
(c) Capacity Demand =
484
gallons /Capita /daily
1,015
gallons /LUE /dally
(d) Capacity Demand =
1,150
gallons /connection /dally
917
gallons /LUE /dally
(e) Capacity Demand =
621
gallons /connection
495
gallons /LUE
(f) Capacity Demand =
657
gallons /Connection
524
gallOnS /LUE
(g) Existing Capacity details are Contained
in
TABLE 5
TABLE 4
ESTIMATED SERVICE DEMAND BY FACILITY TYPE
WASTEWATER UTILITY
------------ --- ""- -- " "--- -- --"""--- "-- - "--- -- -' """"-- ---- --- " "- "'"
VOLLIwE
FACILITY TYPE /LAND USE ---------------------------------------
1990 2000 ULTIMATE
----- ---------- --------------------- ------- - - - -- ------- - - - -- ------ - -----
AVERAGE FLOW (MGD) (a):
0.400
0.717
1.363
Gallons per capita dally
100
100
100
TOTAL LUE'S (b)
1,909
3,418
6,498
WASTEWATER TREATMENT AVG MGD (a):
Estimated Demand 0.400 0.717 1.363
Existing Capacity (c) 0.400 0.400 0.400
------ - - - - -- ------ - - - - -- ------ - - - - --
EXCess /(Deflclency) 0.000 (0.317) (0.963)
(a) Average flow 100 gallons /capita /daily
(Cheatham and Associates)
(b) Wastewater LUE's /capita same as 1990 water LUE's /capita.
(c) Existing capacity equivalent to existing demand.
TABLE 5
ASSOCIATED CIP INVENTORY AND COSTING
WATER UTILITY
-------------------------- `------------- •--------------------------------
.--------------------------------------------
" " ----------------------
FACILITY CAPACITY
(mgd or gals)
1990-
.."
1990 -
FACILITY
--------------------------
--------------------
------ - - --
2000
2000
--------------- ------ ------ --- ----- ----- - - - - --
CONSTRUCTION
FOR CURRENT
EXCESS
EXCESS
CAPITAL
COST
TYPE NAME
------ ------------------------ --------- ------
COST
------- - - - - --
TOTAL
------- - - - - --
CUSTOMERS
------- - - - - -- ---
c 10 YEARS
------- - -- -----
> 10 YEARS
--- - - - -- ----------
COST TOTAL
- -- ----
PER LUE
---- - - - --
SUPPLY
MGD
EXISTING FACILITIES
" " " " " " " " --- - --
Trinity #1 Well
n/a
0.490
Paiuxy #1 Well
n/a
0.158
Trinity #2 Well
$185,200
0.490
Paluxy #2 Well
n/a
0.130
Trinity #3 Well
--------- -----------
$217,143
0.533
------------- - - --
Subtotal EXISting Supply
- ------ - - - - --
$402,343
------- - - - - --
1.800
----- ---- - - -- -
1.800
------ - - - - -- --------
0.000
- - --- ---------
0.000
- - --
$0
$0.00
(a)
(b)
FUTURE FACILITIES
Trinity #4 Well
$429,000
0.504
0.068
0.436
0.000
$370,927
Trinity #5 Well
$396,164
0.504
0.068
0,436
0.000
$342,536
Surface Water Supply
------------------------------- - - - - --
(c)
-------
3,786
0.000
0.660
3,126
Subtotal Future Supply (Kennedale)
- - - - --
$825,164
------- - - - - --
4.794
------- - - - - -- -------
0.136
- - - - -- -------
1.531
- - - - -- -------
3.126
- - - - --
$713,463
$472.70
(b)
(b)
(e)
(e)
(e)
(d)
(d)
Fort Worth Treated Water Supply
TOTAL WATER SUPPLY
$1,227,507
6.594
1.936
----- ----
1.531
--- ------ ------
3.126
------- -------
$713,463
------
$472.70
--------------- "__"""""""_-""""---"""-""""---"--"-""
(d)
" " " " " "__-----
" " " "- " "-- _-- --
- " "- --------------
"-------------------------
(d)
(d,f)
.. " " " " " ---
PUMPING
MGD
EXISTING FACILITIES " " " " " " " " - - - ---
Pump #1 n/a 1.296
PUMP #2 n/a 1.440
-------------------------- ----------- ------ ------- ------- ---- -- ------- - - - - -- - ------ - - - - -- ------- - - - - -- ---- ---------
Subtotal EXISting Pumpage $0 2.736 1.749 0.987 0.000 $0 $0.00
(a) (b)
FUTURE FACILITIES
Pump #3 at Fort Worth Connection $145,451 1.440
PUMP #4 at Trinity Well #5 $145,260 1.440
-------- ------------------------------- ------------- ------------- ------------- ------------- -------------
Subtotal Future Facilities $290,712 2.880 0.000 0.396 2.484 $40,019 $26.51
(b) (b)
TOTAL WATER PUMIPAGE $290,712 5.616 1.749 1.383 2.484 $40,019 $26.51
(f)
------------------------------- ---------- --------------- ------------------------------------- " " " " ---------- "-------------- """
TABLE 5 (Concluded)
MG
ASSOCIATED CIP INVENTORY AND COSTING
EXISTING FACILITIES
--------
WATER UTILITY
"--'-•--•------------------ •--------------------------------------------------------------------------------------------------
- -----------------
FACILITY CAPACITY
(mgd or gals)
1990-
1990 -
FACILITY
------------------------- -------------------------
- - - - --
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION FOR CURRENT
EXCESS EXCESS
CAPITAL
COST
TYPE NAME
COST TOTAL CUSTOMERS
< 10 YEARS > 10 YEARS
COST TOTAL
PER LUE
GROUND STORAGE
•-- `---- --- ---
TOTAL ELEVATED STORAGE $2,486,000 3.165 0.999 0.790 1,375 $654,888 $433.89
(f)
-- ---------------- --- - - - - -- --------------------------------------------------------------- ------------- ------- - - - - -- ------------- - - - -- --
WATER CONSTRUCTION COST TOTAL $4,838,176 $1,597,649 $1,059
(d) (d) (d)
-----------------------------------------------------------------•-'---------_`---- _--------------------- - - -- -- ------------ -- ----------- --------
(a) source: city records.
(b) Source: Cheatham and Associates.
(c) Cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also Include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to available capacity.
(f) Assumes the following gals to LUE conversion factors
supply: 1,015 gals daily
Pumpage: 917 gals dally
Ground Storage: 495 gals
Elevated storage: 524 gals
MG
EXISTING FACILITIES
--------
- - - ---
Tank #1
n/a
0.460
Tank #2 (Standpipe)
n/a
0.555
Tank #3 at Trinity Well #3
$176,833
0.325
------------------------------- --------
Subtotal Existing Facilities
------- - - - - -- -------
$176,833
------ -----------
1.340
-- -------
0.945
- - - - -- -- ------
0.395
- - - -- ------
0.000
-------
$52,187
$34.58
(a)
(b)
FUTURE FACILITIES
Trinity Well #5 Tank
$181,575
0.500
Tank at Fort Worth Connection
$475,549
1.185
--------- ------------------------------
Subtotal Future Facilities
------------- -------------
$657,124
-------------
1.685
-------------
0.000
-------------
0.352
-------------
1.333
$137,091
$90.83
(b)
(b)
TOTAL GROLND STORAGE
$833,957
3.025
0.945
0.747
1.333
$189,278
$125.40
------------------------------------------------------
•--------------------------------------------------------
.--------------------------------
(f)
ELEVATED STORAGE
----------------
MG
EXISTING FACILITIES
--------
- - - - --
Standpipe
n/a
0.165
-----------'°--------- ---------- -----
Subtotal Existing Facilities
--------------- -------------
$0
-------------
0.165
-------------
0.165
-------------
0.000
-------------
0.000
$o
$0.00
(a)
(b)
FUTURE FACILITIES
Elevated Tank at NE Tank Site
$1,276,000
1.500
0.417
0.395
0.688
$336,137
Elevated Tank at Trinity Well #4
$1,210,000
1.500
0.417
0.395
0.688
$318,751
---------------------- -------------------------------
Subtotal Future Facilities
-------------
$2,486,000
-------------
3.000
-------------
0.834
-------------
0.790
- ------------
1.375
$654,888
$433.89
(b)
(b)
TOTAL ELEVATED STORAGE $2,486,000 3.165 0.999 0.790 1,375 $654,888 $433.89
(f)
-- ---------------- --- - - - - -- --------------------------------------------------------------- ------------- ------- - - - - -- ------------- - - - -- --
WATER CONSTRUCTION COST TOTAL $4,838,176 $1,597,649 $1,059
(d) (d) (d)
-----------------------------------------------------------------•-'---------_`---- _--------------------- - - -- -- ------------ -- ----------- --------
(a) source: city records.
(b) Source: Cheatham and Associates.
(c) Cost Is determined by supplier; supplier Impact fee passed through to Kennedale feepayer.
(d) Kennedale facilities only; cost will also Include the amount of the surface water supplier Impact fee.
(e) Demand prorated according to available capacity.
(f) Assumes the following gals to LUE conversion factors
supply: 1,015 gals daily
Pumpage: 917 gals dally
Ground Storage: 495 gals
Elevated storage: 524 gals
TABLE 6
ASSOCIATED CIP INVENTORY AND COSTING
WASTEWATER UTILITY
PUMPING
- " -- MCD
FUTURE FACILITIES
Localized Lift Stations (b)
-------- ------------------------------- - ---- -- - - ---- ------------- ------------- ----- -- ---- -- ------------- ------- ------
Subtotal Future Facilities (b) (b) (b)
TOTAL WASTEWATER PUMPAGE (b) (b) (b)
--------------------------------------- "--------- •------- "-------------------------------------------------------- •-----------------------------
WASTEWATER CONSTRUCTION COST TOTAL (a, b) (a, b) (a, b)
------------------------------- ."_.,......"."..".------------------------ """""" ----------------------------
. " " " " " ".
(a) cost is determined by supplier; supplier Impact fee passed through to Kennedale feepayer,
(b) Feepayers requiring construction of additional new lift stations and associated force mains will also be assessed cost of their prorata
share of the facilities.
FACILITY CAPACITY
(mgd Or gals)
1990-
1990 -
FACILITY
-------------------------
-------------------------
- - ----
2000
2000
---------------------------------------- - - - - --
CONSTRUCTION
FOR CURRENT
EXCESS
EXCESS
CAPITAL
COST
TYPE NAME
------ ------------------- --------- -----------
COST
-------------
TOTAL
------- - - - - --
CUSTOMERS
------- - ----- ----------
< 10 YEARS
- -- ---
> 10 YEARS
---- - - - - -- -------
COST TOTAL
- - - - -- ---------
PER LUE
- - --
TREATMENT
" " " " --
AVG MGD
EXISTING FACILITIES
" " " "--- " " " " "
Fort Worth Treatment
(a)
0.400
0.400
0.000
0.000
-------- ----------------------- ------
Subtotal EXisting Facilities
-------------
-------- - - - --
0.400
------- - - - - -- -------
0.400
------ -----------
0.000
-- -------
0.000
- - - - --
(a)
(a)
FUTURE FACILITIES
Fort Worth Treatment
(a)
0.963
0.000
0.317
0.646
------ -------------------------------
Subtotal Future Facilities
------- -- - ---
-- -----------
0.963
------------- -------------
0.000
----
0.317
-- ---- - -- -------------
0.646
(a)
(a)
TOTAL WASTEWATER TREATMENT
--------------------------------------------------------------
(a)
1.363
."..""."""."".-------------------------------------
0.400
0.317
0.646
•-------------------------------
(a)
(a)
PUMPING
- " -- MCD
FUTURE FACILITIES
Localized Lift Stations (b)
-------- ------------------------------- - ---- -- - - ---- ------------- ------------- ----- -- ---- -- ------------- ------- ------
Subtotal Future Facilities (b) (b) (b)
TOTAL WASTEWATER PUMPAGE (b) (b) (b)
--------------------------------------- "--------- •------- "-------------------------------------------------------- •-----------------------------
WASTEWATER CONSTRUCTION COST TOTAL (a, b) (a, b) (a, b)
------------------------------- ."_.,......"."..".------------------------ """""" ----------------------------
. " " " " " ".
(a) cost is determined by supplier; supplier Impact fee passed through to Kennedale feepayer,
(b) Feepayers requiring construction of additional new lift stations and associated force mains will also be assessed cost of their prorata
share of the facilities.
TABLE 7
CATEGORIZATION OF UTILITY DEBT
WATER UTILITY
.-..,.__--_"-----------------^------_--_-__-_"-_"_----
_"--
"________---
"_-- ___- .... -- ---------------------------
BOND ISSUE
FACILITY
CAPACITY
TOTAL
FACILITY
------- ------------------------
- - - - --
--- --------------- - - - - --
DEBT PAYBACK
------------------------ - - - - --
ISSUANCE
ISSUANCE
REMAINING
FOR CURRENT
PER CURRENT
TYPE NAME
- - - - -- -- ---------------------
DATE
------------------------------------------------------------------------------
AMOUNT
PAYBACK
TOTAL
CUSTOMERS
LUE
SUPPLY
Trinity #4 Well
Prospective
$450,450
$945,611
0.504
0.068
$67
Trinity #5 Well
Prospective
$415,973
$873,234
0.504
0.068
$62
subtotal Supply
------------
------------
$1,818,846
------------
1.008
------------
0.136
------------
$129
ELEVATED STORAGE
Elevated Tank at NE Tank Site
Prospective
$1,339,800
$2,812,588
1.500
0.417
$410
Elevated Tank at Trinity Well
Prospective
$1,270,500
$2,667,109
1.500
0.417
$389
Subtotal Elevated Storage
------------------------------------------------------------------------------
$2,610,300
$5,479,697
3.000
0.834
$798
WATER OUTSTANDING DEBT TOTAL $927
.,..— ------ — ------------ •---------------------------------- — ------- — -------------------------------------
(a) Assume financing parameter: 7.75% Interest & 20 years & bonding Costs of 5.0%
over construction costs.
TABLE 8
DERIVATION OF MAXIMUM WATER AND WASTEWATER CAPITAL RECOVERY COSTS
THROUGH THE EQUITY RESIDUAL MODEL
FUTURE CUSTOMER TOTAL
COST OF CAPITAL PER LUE
LESS
LESS
EQUALS
--------------------- ------ ---- -------------- -- - ---
EXISTING
EQUALS
AVOIDED
MAXIMUM
PLUS
PLUS
EQUALS
DEBT SERVICE
ELIGIBLE
BONDING &
CAPITAL
BONDING
BONDING
DEBT SERVICE
PAYBACK IN
RECOVERY
INTEREST
RECOVERY
CONSTRUCTION
SOFT
INTEREST
PAYBACK
RATES PER
COSTS PER
COSTS PER
COST PER
ITEM
------------------------------- - - - - --
COSTS
------ - - - - --
COSTS [a]
------ - - - - --
COSTS [b]
------ - - - - --
COSTS
------ - - - - --
LUE [a]
------ - - - - --
LUE
------ - - - - --
LUE [C]
------ - - - - --
LUE
------ - - - - --
WATER UTILITY
Supply (Kennedale)
$473
$24
$496
$992
$129
$863
$452
$411
Supply (Surface Water)
n/a
.Pumping
$27
$1
$28
$56
$0
$56
$29
$27
Ground Storage
$125
$6
$132
$263
$0
$263
$138
$125
Elevated Storage
$434
$22
$455
$911
$798
$112
$59
$54
CIP /Study Costs
-------- --------- ------------------
$8
------ - - - - --
$0
-- ------ - - --
$8
------ - -----
$17
------------
$0
$17
$9
$8
Total Water
$1,066
$53
$1,119
$2,239
------------
$927
------------
$1,311
------------
$687
----- -------
$625
[d]
WASTEWATER UTILITY
- ----- ----- -- --.._'
Treatment (City of Fort Worth)
n/a
CIP /Study Costs
---- ------------------------- ------
$8
------ - - - - --
$0
------ - - ----
$8
------
$17
$0
$17
$9
$e
Total Wastewater
$8
$0
- - - - --
$8
------ - - ----
$17
------- - - - --
$0
------ - - - - --
$17
------ - - - - --
$9
------------
$8
------ -------------------------------
------------
------------
Me]
TOTAL WATER AND WASTEWATER UTILITIES
$1,074
$54
-------- ----
$1,127
------ ------
$2,255
------------
$927
- -----------
$1,328
------- -----
$695
------------
$632
---------------------------- .-------------------------------------------------
.--------------------------------------------------------------
[d,e)
For Kennedale costs:
[a] Assume misc bonding cost of
5.0%
over construction costs.
Of Assume financing parameter:
7.75%
Interest &
20
years.
[Cl Assume financing parameter:
7.75%
Interest &
20
years & bonding
costs of
5.0%
over construction costs.
[d] In addition, Impact fees charged
by the service
supplier will
be passed
through to Kennedale
feepayers.
[el Feepayers requiring construction
of additional
new lift stations will also
be charged
the cost of
their prorata
share of the
facilities.
MODEL ORDINANCE
The text presented below is a modified model of an impact fee ordinance
published by Martin L. Leitner and Eric J. Strauss. Martin Leitner is an
acknowledged national expert on impact fees and is a partner with Freilich, Leitner,
Carlisle & Shortlidge. Mr. Strauss is a consultant to the same firm and chairman of
the graduate program in Urban Planning at the University of Kansas. The model
ordinance is specifically designed to address possible avenues of legal challenge to
provide maximum protection to cities for the basis of their fees. ( "Elements of a
Municipal Impact Fee Ordinance, with Commentary ", Journal of the American Planning
Association 54,2: 225 -231.)
In addition, excerpts from existing fee ordinances from other cities are
contained in the draft. This draft is for technical guidance only; appropriate fee
ordinances should be drafted by the City Attorney.
CITY OF KENNEDALE, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KENNEDALE,
PROVIDING THAT THE CITY CODE BE HEREBY AMENDED
BY ADDING THERETO A NEW SECTION
TO READ AS FOLLOWS:
SECTION WATER AND WASTEWATER IMPACT FEE ORDINANCE.
WHEREAS, the City of Kennedale is responsible for and committed to the
provision of public facilities and services (including water and sewer service) at
levels necessary to cure any existing public service deficiencies in already developed
areas; and
WHEREAS, such facilities and service levels shall be provided by the City
utilizing funds allocated in the capital budget and capital improvements programming
processes and relying upon the funding sources indicated therein; and
WHEREAS, new residential and nonresidential development causes and imposes
increased and excessive demands upon City public facilities and services, including
water and sewer facilities, that would not otherwise occur; and
WHEREAS, planning and zoning projections indicate that such development will
continue and will place ever - increasing demands on the City to provide necessary
public facilities; and
WHEREAS, the development potential and property values of properties is
strongly influenced and encouraged by City policy as expressed in the
Comprehensive Plan and as implemented via the City zoning ordinance and map; and
WHEREAS, to the extent that such new development places demands upon the
public facility infrastructure, those demands should be satisfied by shifting the
responsibility for financing the provision of such facilities from the public at large
to the developments actually creating the demands for them; and
WHEREAS, the amount of the impact fee to be imposed shall be determined by
the cost of the additional public facilities needed to support such development, which
public facilities shall be identified in a capital improvements program, and
WHEREAS, the City Council, after careful consideration of the matter, hereby
finds and declares that impact fees imposed upon residential and nonresidential
development to finance specified major public facilities in designated service areas,
the demand for which is created by such development, is in the best interests of the
general welfare of the City and its residents, is equitable, and does not impose an
unfair burden on such development;
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, now Chapter
395 of the Local Government Code; and
WHEREAS, the City Council finds that in all things the City has complied with
said statute in the notice, adoption, promulgation and methodology necessary to adopt
Impact Fees;
NOW THEREFORE, be it ordained by the City Council of the City of Kennedale
that the Code of Ordinances of the City of Kennedale be amended by adding air
Ordinance numbered to be entitled Water and Wastewater Impact Fee
Ordinance, to read as follows;
WATER AND WASTEWATER IMPACT FEES
ARTICLE I
GENERAL PROVISIONS
Section 1.01 Shirt Title
This Chapter shall be known and cited as the Water and Wastewater Impact
Fees Chapter.
Section 1.02 Intent
This Chapter is intended to impose water and wastewater impact fees, as
established in this Chapter, in order to finance public facilities, the demand for which
is generated by new development in the designated service area.
Section 1.03• Authori
The City is authorized to enact this Chapter by Chapter 395 of the Local
Government Code, (Senate Sill 336 enacted by the 70th Texas Legislature) and its
successors, which authorize home -rule cities, among others, to enact or impose impact
fees on land within their corporate boundaries or extraterritorial jurisdictions, and
to persons with whom they have a water or sewer service contract, as charges or
assessments imposed against new development in order to generate revenue for
funding or recouping the costs of capital improvements or facility expansions
necessitated by and attributable to such new development; and by the Kennedale City
Charter. The provisions of this Chapter shall not be construed to limit the power of
the City to adopt such Chapter pursuant to any other source of local authority, nor
to utilize any other methods or powers otherwise available for accomplishing the
purposes set forth herein, either in substitution of or in conjunction with this
Chapter. Guidelines may be developed by resolution or otherwise to implement and
administer this chapter.
Section 1.04 Definitions
As applied in this Chapter, the following words and terms shall be used;
(1) Assessme The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant to
this Chapter.
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(2) Building Permit - Written permission issued by the City for the
construction, repair, alteration or addition to a structure.
(3) Capital Construction Cost of Service - Costs of constructing capital
improvements or facility expansions, including and limited to 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 capital improvements plan who is
not an employee of the City.
(4) Capital Improvements Advisory Committee (Advisory Committee) -
Advisory committee, appointed by the City Council, consisting of at least
five members, not less than 40 percent of which shall be representatives
of the real estate, development, or building industries which are not
employees of the City, and, if impact fees are to be applied within the
extraterritorial jurisdiction of the City, including one member
representing the extraterritorial jurisdiction; or consisting of the
Planning and Zoning Commission, including one regular or ad hoc
member who is not an employee of the City and which is representative
of the real estate, development, or building industry, and, if impact fees
are to be applied within the extraterritorial jurisdiction of the City, one
representative of the extraterritorial jurisdiction area; which committee
is appointed to regularly review and update the capital improvements
program in accordance with the requirements of Chapter 395 of the
Local Government Code, and it successors.
(5) - Capital Improvements Pro�tram (CIP) - Plan which identifies water and
wastewater capital improvements or facility expansions pursuant to
which impact fees may be assessed.
(6) Impact Fee - Fee to be imposed upon new development, calculated based
upon the costs of facilities in proportion to development creating the
need for such facilities. Impact fees do not include dedication of rights -
of -way or easements, or construction or dedication of site - related water
distribution or wastewater collection facilities , required by other
ordinances of the City Code; or lot or acreage fees placed in trust funds
for the purpose of reimbursing developers for oversizing or
constructing water or sewer mains or lines.
(7) Cit - City of Kennedale.
(8) City Council (Council) - Governing body of the City of Kennedale.
(9) City Engineer (Engineer) - City Engineer of the City of Kennedale.
(10) City Administrator - Chief executive officer of the City, appointed by
the Council.
(11) Commercial Development - For the purposes of this Chapter, all
development which is neither residential nor industrial.
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(12) Com prehensive Plan (Master Plan) - The comprehensive long -range plan,
adopted by the City Council, which is intended to guide the growth and
development of the City which includes analysis, recommendations and
proposals for the City regarding such topics as population, economy,
housing, transportation, community facilities and land use.
(13) Cr edit - The amount of the reduction of a impact fee for fees, payments
or charges for the same type of capital improvements for which the fee
has been assessed.
(14) Existing Development - All development within the service area which
has a water or wastewater tap on the City's water or sewer system or on
another centralized water or sewer system, as of the date of the
adoption of this Chapter.
(t 5) Facility Expansio - The expansion of the capacity of an existing facility
which serves the same function as an otherwise necessary new capital
improvement in order that the existing facility may serve new
development. Facility expansion does not include the repair,
maintenance, modernization, or expansion of an existing facility to better
serve existing development.
(16) Final Subdivision P lat -The map, drawing or chart on which is provided
a subdivider's plan of a subdivision, and which has received final
approval by the Planning and Zoning Commission or City Council and
which is recorded with the office of the County Clerk.
(17) G - Related Costs - Capital construction costs of service related to
'providing additional service units to new development, either from
excess capacity in existing facilities, from facility expansions or from
new capital facilities. Growth - related costs do not include:
(a) Construction, acquisition, or expansion of public facilities or
assets other than capital improvements or facility expansions
identified in the capital improvements plan;
(b) Repair, operation, or maintenance of existing or new capital
improvements or facility expansions;
(c) Upgrading, updating, expanding, or replacing existing capital
improvements to serve existing development in order to meet
stricter safety, efficiency, environmental, or regulatory
standards;
(d) Upgrading, updating, expanding, or replacing existing capital
improvements to provide better service to existing development;
(e) Ad ministrative and operating costs of the City; and
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M Principal payments and interest or other finance charges on
bonds or other indebtedness, except for such payments for
growth- related facilities contained in the capital improvements
program.
(18) Industrial Development - Development which will be assigned to the
industrial customer class of the water or wastewater utilities; generally
development in which goods are manufactured, or development which is
ancillary to such manufacturing activity.
(19) Land Use Assumptions -Description of the service area and projections
of changes in land uses, densities, intensities, and population therein
over at least a 10 -year period, adopted by the City, as may be amended
from time to time, upon which the capital improvement plan is based.
(20) Livi Equivalent (LUE) - Basis for establishing equivalency among
and within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water
meter of a given size and type compared to the continuous duty
maximum flow rate in gallons per minute for a 3/4" diameter simple water
meter, using American Water Works Association C700 -C703 standards.
LUE's for water meters are as follows:
METER SIZE AND TYPE
LUE's
5/8"
Simple
0.667
3/4"
Simple
1.000
1"
Simple
1.667
1 -1/2"
Simple
3.333
2"
Simple
5.333
2"
Compound
5.333
2"
Turbine
6.667
3"
Compound
10.667
3"
Turbine
16.000
4"
Compound
16.667
4"
Turbine
28.000
6"
Compound
33.333
6"
Turbine
61.333
8"
Compound
53.333
8"
Turbine
106.667
10"
Compound
76.667
10"
Turbine
166.667
12"
Turbine
220.000
(21) New Development - Subdivision of land; or the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of any structure; or any use or extension of
the use of land; any of which increases the number of service units for
water or wastewater service and purchase of a new water or wastewater.
tap. New development includes the sale of water taps resulting from the
conversion of an individual well to the City's water utility. However,
new development does not include the sale of wastewater taps resulting
from the conversion of an individual septic or other individual waste
disposal system to the City's wastewater utility.
(22) Offset - The amount of the reduction of an impact fee designed to fairly
reflect the value of system- related facilities, pursuant to rules herein
established or administrative guidelines, provided and funded by a
developer pursuant to the City's subdivision regulations or
requirements.
(23) Residential Development - A lot developed for use and occupancy as a
residence or residences, according to the City's zoning ordinance.
(24) Service Area - Area within the corporate boundaries and within the
extraterritorial jurisdiction as defined by the Municipal Annexation Act
(Article 970a, Vernon's Texas Civil Statutes), to be served by the water
and wastewater capital improvements or facilities expansions specified
in the capital improvements program applicable to the service area.
(25) Service Unit - Standardized measure of consumption, use, generation,
or discharge attributable to an individual unit of development calculated
in accordance with generally accepted engineering or planning
standards for a particular category of capital improvements or facility
expansions, expressed in living units equivalent.
(26) Site - related Facility - 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 water or wastewater facilities
to serve the new development, and which is not included in the capital
'improvements plan, and for which the developer or property owner is
solely responsible under subdivision and other applicable regulations.
(27) System- related Facility - A capital improvement or facility expansion
which is designated in the Capital Improvements Plan and which is not
a site - related facility. A system- related facility may include a capital
improvement which is located offsite, within or on the perimeter of the
development site.
(28) Tap Purchase - The filing with the City of a written application for a
water or wastewater tap and the acceptance of applicable fees by the
City. The term "tap purchase" shall not be applicable to a meter
purchased for and exclusively dedicated to fire protection.
(29) Wastewater Facility - Improvement for providing wastewater service,
including, but not limited to, land or easements, treatment facilities, lift
stations, or interceptor mains. Wastewater facility excludes wastewater
lines or mains which are constructed by developers, the costs of which
are reimbursed from charges paid by subsequent users of the facilities
and which are maintained in dedicated trusts. Wastewater facilities also
exclude dedication of rights -of -way or easements or construction or
dedication of on -site wastewater collection facilities required by valid
ordinances of the City and necessitated by and attributable to the new
development.
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(30) Wastewater Facility Expansion - Expansion of the capacity of any
existing wastewater improvement for the purpose of serving new
development, not including the repair, maintenance, modernization or
expansion of an existing wastewater facility to serve existing
development.
(31) Wastewater Improvements Plan - Portion of the CIP, as may be amended
from time to time, which identifies the wastewater facilities or
wastewater expansions and their associated costs which are necessitated
by and which are attributable to new development, and for a period not
to exceed ten (10) years, and which are to be financed in whole or in
part through the imposition of wastewater impact fees pursuant to this
Chapter.
(32) Water Facility - Improvement for. providing water service, including, but
not limited to, land or easements, water supply facilities, treatment
facilities, pumping facilities, storage facilities, or transmission mains.
Water facility excludes water lines or mains which are constructed by
developers, the costs of which are reimbursed from charges paid by
subsequent users of the facilities and which are maintained in dedicated
trusts. Water facilities also exclude dedication of rights -of -way or
easements or construction or dedication of on -site water distribution
facilities required by valid ordinances of the City and necessitated by
and attributable to the new development.
(33) Water Facility Expansion - Expansion of the capacity of any existing
water improvement for the purpose of serving new development, not
including the repair, maintenance, modernization or expansion of an
existing water facility to serve existing development.
(34) Water Improvements Plan - Portion of the CIP, as may be amended from
time to time, which identifies the water facilities or water expansions
and their associated costs which are necessitated by and which are
attributable to new development, and for a period not to exceed ten (10)
years, and which are to be financed in whole or in part through the
imposition of water impact fees pursuant to this Chapter.
(35) Wholesale Customers - Water or wastewater customers of the City's
utilities which purchase utility service at the City's wholesale rates for
resale to their retail customers.
(36) Wholesale Service Provider - Utility which provides the City with bulk
water or wastewater service at its wholesale service rate, for the City's
resale to its customers.
Section 1.05 Applicability of Impact Fees
A. This Chapter shall be uniformly applicable to new development which
occurs within the water and wastewater service areas.
B. No new development shall be exempt from the assessment of impact fees
as defined in this Chapter. However, the City Council may pay fees from
non - Utility funds on behalf of any new development for reasons of
general community welfare.
C. It shall be the policy of the City to revise contracts with its wholesale
customers to effectively charge wholesale customers impact fees for the
new development within the wholesale customers' service areas, such
fees being equivalent to impact fees charged to retail customers of the
City's utilities.
Section 1.06 Impact Fees as Conditions of Development Appro
No application for new development shall be approved within the City without
assessment of impact fees pursuant to this Chapter, and no water and wastewater tap
shall be issued and no building permit shall be issued unless the applicant has paid
the impact fees imposed by and calculated hereinunder.
Section 1.07 Establishment of Water and Waste Ser Areas
A. The water and wastewater service areas are established as shown on the
Service Area Map which is Exhibit A for this Chapter.
B. The service areas shall be established consistent with any facility
service area established in the CIP for each utility. Additions to the
service area may be designated by the City Council consistent with the
procedure set forth in Chapter 395 of the Local Government Code and its
successors.
Section 1.08 La nd Use Assumptions
Land use assumptions used in the development of the impact fees are contained
in Exhibit B of this Chapter. These assumptions may be revised by the City Council
according to the procedure set forth in Chapter 395 of the Local Government Code
and its successors.
Section 1.09 Service Units
A. Service units are established in accordance with generally accepted
engineering and planning standards.
B. Service units shall be calculated based on living units equivalent as
determined by the size of the water meter(s) for the development.
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C. If a fire demand meter (tap) is purchased for a property, the meter size
utilized to calculate the number of LUE's shall be the dimension of the
portion of the fire demand meter which reflects the meter size which
would provide only domestic service to the property. Said reduced
meter size shall then be utilized to calculate the number of LUE's.
1. The meter types used to calculate the number of LUE's shall be
either simple or compound meters.
2. To avoid the use of fire flow volumes for domestic usage, the
owner of any property for which a fire demand meter is
purchased shall be required to execute a restrictive covenant on
a form approved by the City Attorney, which covenant shall
acknowledge the right of the City to assess such fees to
subsequent owners of the property. Said covenant shall be
executed prior to the purchase of the fire demand meter and shall
be filed in the deed records of the County.
D. Upon wastewater tap purchase for lots for which no water meter has
been purchased, service units shall be established by a professional
engineer licensed in the State of Texas, shall be reviewed by the
Engineer and shall be presented to Council, which shall designate the
appropriate number of service units.
E. The City Council may revise the service units designation according to
the procedure set forth in Chapter 395 of the Local ('government Code
and its successors.
Section 1.10 Impact Fees Per Service Unit
A. The maximum impact fee per service unit for each service area shall be
computed by dividing the growth - related capital construction cost of
service in the service area identified in the capital improvements plan
for that category of capital improvements, by the total number of
projected service units anticipated within the service area which are
necessitated by and attributable to new development, based on the land
use assumptions for that service area. Maximum impact fees per service
unit shall be established by category of capital improvements and shall
be set forth in Exhibit C to this Chapter.
B. The maximum assessable impact fees set forth in Exhibit C may be
amended by the City Council according to the procedure set forth in
Chapter 395 of the Local Government Code and its successors.
Section 1.11 Assessment of Impact Fees
A. The approval of any subdivision of land or of any new development shall
include as a condition the assessment of the impact fee applicable to
such development.
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B. Assessment of the impact fee for any new development shall be made as
follows:
1. For a development which is submitted for approval pursuant to
the City's subdivision regulations following the effective date of
this Chapter, assessment shall be at the time of final plat
approval, and shall be the maximum assessable value of the impact
fee per service unit then in effect, as provided in Exhibit C as set
forth in Section 1.10(A). The City 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.
2. 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 tap purchase, assessment shall be upon tap
purchase, and shall be the value of the maximum impact fee per
service unit set forth in Exhibit C.
3. Because fire protection is of critical concern to the community as
a whole, water demand related solely to fire protection is not
subject to collection of an impact fee. However, if the fire
protection capacity of the fire demand meter is routinely utilized
for domestic purposes as evidenced by the registration of
consumption recorded on the City's meter - reading and billing
systems, the current owner of the property shall be assessed the
current impact fees for the fire protection capacity which has
been converted to domestic capacity by its routine usage as
domestic capacity.
C. Following assessment of the impact fee pursuant to subsection (B), no
additional impact fees or increases thereof shall be assessed against
that development unless the number of service units increases, as set
forth under Section 1.09.
D. 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.
Section 1.12 Calculation of Impact Fees
A. Following the request for new development as provided in Section 1.11
of this Chapter, the City shall compute impact fees due for the new
development in the following manner:
1. The number of LUE's shall be determined by the size of the water
meter(s) as determined according to Section 1.09 of this Chapter.
2. LUE's shall be summed for all meters purchased for the
development.
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3. The total service units shall be multiplied by the appropriate per -
unit fee value determined as set forth in Section 1.10; and
4. Fee credits and offsets shall be subtracted as determined by the
process proscribed in Section 1.14 of this Chapter.
C. The value of each impact fee due for a new development shall not exceed
a value computed by multiplying the fee assessed per service unit
pursuant to Section 1.10 by the number of service units generated by
the development.
Section 1.13 Collection of Impact Fees
A. No water or wastewater tap shall be issued until all impact fees have
been paid to the City, or until a "notice of impact fee due" is recorded
as provided in this Section, except as provided otherwise by contract.
B. The amount of impact fees collected per service unit shall not exceed the
maximum assessable impact fees set forth in Exhibit C of this Chapter.
However, the Council may, at its sole discretion, provide that uniform
fee amounts less than the maximum fee may be collected. Such fee
amounts to be collected shall be set forth in Exhibit C of this Chapter.
1. For a development which is submitted for approval pursuant to
the City's subdivision regulations subsequent to the effective
date of this Chapter, impact fees shall be collected al. the time of
building permit issuance for properties within the corporate
limits and at the time of tap purchase for properties outside the
corporate limits, except as provided in Subsections C and D.
2. For a development which has received final plat approval prior to
the effective date of this Chapter or for which no replatting is
necessary prior to provision of a water or wastewater tap, impact
fees shall be collected at the time of tap purchase, except as
provided in Subsections C and D.
3. For a single- family residential development which is an active
customer of the water or sewer utilities and which purchases a
larger water meter, no water or sewer impact fee shall be
collected.
C. The City Council shall have the authority to waive impact fees for septic
tank cony ersions, individual economic hardship, purposes of promoting
general economic development, or automatic lawn or landscape sprinkler
systems. The Council may also cause such fees to be paid to the utility
impact fee funds from appropriate non - utility funds.
1. In the event that a wastewater tap is purchased as the result of
a conversion from an individual septic or other individual waste
disposal system, the Council may, at its sole discretion, waive the
payment of wastewater impact fees due to the general public
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health benefits attributable to septic tank conversions to the City
wastewater system.
2. In cases of individual economic hardship, to promote general
economic development or for automatic lawn or landscape
sprinkler systems, the Council may, at its sole discretion, waive
the paymenL" of all or any portion of water or wastewater impact
fees.
D. If fees are not completely waived as provided in Subsection 1.13 (C)(2)
and the applicant demonstrates to the Council that the payment of the
full amount of the fee at the time of building permit issuance or tap
purchase will work a financial hardship against the applicant, the
Council may approve an alternate payment agreement.
1. Upon approval by the Council, the impact fees for such customers
may be paid in increments over a period of not more than one
year for residential customers or five years for other customers,
with interest computed on the unpaid balance 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. If the City approves this extended payment plan, the applicant
shall, as a condition of tap sale, sign and file with the City
Secretary, and consent to the recordation of, a "notice of impact
fee due ", which shall be recorded as a lien against the subject
property. The City shall release the lien held only upon payment
in full of the impact fees and any late penalties and applicable
interest.
3. Late payments shall subject the applicant to penalty of ten
percent of the amount due and additional interest in addition to
all other remedies available to the City as lien holder.
E. The City may, at its sole discretion, enter into contracts to establish a
different date of fee collection than those provided in this Section.
F. The amount of impact fees to be collected per service unit, as set forth
in Exhibit C, may be changed from time to time by the Council, provided
the maximum assessable fee amount is not exceeded.
Section 1.14 Offsets and Credits Against Impact Fee
A. The City shall offset the present value of any system - related facilities,
pursuant to rules established in this section, which have been dedicated
to and have been received by the City, including the value of rights-of-
way or capital improvements constructed pursuant to an agreement with
the City, against the value of the impact fee due for that category of
capital improvement.
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B. The City shall credit impact, pro rata, acreage or lot fees which have
been paid pursuant to Chapter(s) of the City Code prior to the
effective date .of this Chapter against the value of an impact due for
that category of capital improvement, subject to guidelines established
by the City.
C, 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.
No offset or credit shall be given for the dedication or
construction of site - related facilities.
2. The unit costs used to calculate the offsets shall not exceed those
assumed for the capital improvements included in the capital
improvements plan for the category of facility within the service
area for which the impact fee is imposed.
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
tap purchase 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.
4. 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
value exceeding the total impact fees due for the development for
that category of capital improvement, unless otherwise agreed to
by the City.
5. No offset or credit shall be provided against fees assessed by the
City's water and wastewater wholesale service providers.
D. An applicant for new development must apply for an offset or credit
against impact fees due for the development either at or before the time
of plat recordation, unless the City agrees to a different time. The
applicant shall file a petition for offsets or credits with the City on a
form 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 value and the date of the determination shall be
associated with the plat for the new development.
E. The available offset or credit associated with the plat shall be applied
against an impact fee in the following manner:
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Such offset or credit'shall be prorated equally among all living
units equivalent, as calculated in Section 1.09, and remain
applicable to such LUE's, to be applied at time of filing and
acceptance of an application for a building permit or tap
purchase, as appropriate, against impact fees due.
2. If the total number of LUE's used by the City in the original
offset or credit calculation described in (1) is eventually
exceeded by the number of total LUE's realized by the actual
development, the City may, at its sole discretion, collect the full
impact fee exclusive of any associated offset or credits for the
excess LUE's.
3. At its sole discretion, the City may authorize alternative credit or
offset agreements upon petition by the owner in accordance with
guidelines promulgated by the City.
Section 1.15 Establishment of Accounts and Records
A. The City shall establish separate interest- bearing accounts, in a bank
authorized to receive deposits of City funds, for each major category of
capital facility for which an impact fee is imposed pursuant to this
Chapter.
B. Interest earned by each account shall be credited to that account and
shall be used solely for the purposes specified for funds authorized in
Section 1.16.
C. The City shall establish adequate financial and accounting controls to
ensure that impact fees disbursed from the account are utilized solely
for the purposes authorized in Section 1..16. Disbursement of funds
shall be authorized by the City at such times as are reasonably
necessary to carry 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.
D. The City shall maintain and keep adequate financial records for each
such account, which shall show the source and disbursement of all
revenues, which shall account for all monies received, and which shall
ensure that the disbursement of funds from each account shall be used
solely and exclusively for the provision of uses specified in the capital
improvements program as system- related capital projects. The City
Finance Department shall also maintain such records as are necessary
to ensure that refunds are appropriately made under the provision in
Section 1.18 of this Chapter, and such other information as may be
necessary for the proper implementation of this Chapter.
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F
Section 1, 16 Use of Proceeds of Impact Fee Accounts
A. The impact fees collected pursuant to this Chapter may be used to
finance or to recoup capital construction costs of service. 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.
B. Impact fees collected pursuant to this Chapter shall not be used to pay
for any of the following expenses:
1. Construction, acquisition or expansion of capital improvements or
assets other than those identified for the appropriate utility in
the capital improvements plan;
2. Repair, operation, or maintenance of existing or new capital
improvements or facilities expansions;
3. Upgrading, expanding or replacing existing capital improvements
to serve existing development in order to meet stricter safety,
efficiency, environmental or regulatory standards;
4. Upgrading, expanding or replacing existing capital improvements
to provide better 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; or
5. Administrative and operating costs of the City.
Section 1.17 Appeals
A. The property owner or applicant for new development may appeal the
following decisions to the City Administrator or his /her designate:
1. The value of the impact fee due;
2. The availability or the value of an offset or credit;
3. The amount of the refund due, if any.
B. The burden of proof shall be on the appellant to demonstrate that the
value of the fee or the value of the offset or credit was not calculated
according to the applicable impact fee schedule or the guidelines
established for determining offsets and credits.
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C. The appellant may appeal the decision of the City Administrator to the
Council. A notice of appeal to the Council must be filed by the applicant
with the City Secretary within thirty (30) days following the City
Administrator's 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 or tap purchase or building permit issuance
may be processed while the appeal is pending.
Section 1.18 Refunds
A. Any impact fee or portion thereof collected pursuant to this Chapter
which has not been expended within ten (10) years from the date of
payment, shall be refunded, upon 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.
B. If a refund is due pursuant to subsection (A), 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 or
governmental entity 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.
C. Upon completion of all the capital improvements or facilities expansions
identified in the capital improvements plan upon which the fee was
based, the City shall recalculate the maximum impact fee per service unit
using the actual costs for the improvements or expansions. Tf the
maximum impact fee per service unit based on 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 (10 %). The refund to the record owner or governmental
entity shall be calculated by multiplying such difference by the nu tuber
of service units for the development for which the fee was paid, and
interest due shall be calculated upon that amount.
D. Upon the request of an owner of the property on which an impact fee
has been paid, the City shall refund such fees if:
Existing service is available and service is denied; or
2. Service was not available when the fee was collected and the City
has failed to commence construction of facilities to provide
service within two years of fee payment; or
16
3. Service was not available when the fee was collected and has not
subsequently been made available within a reasonable period of
time considering the type of capital improvement or facility
expansion to be constructed, but in any event later than five
years from the date of fee payment.
E. The City shall refund an appropriate proportion of impact fee payments
in the event that a previously purchased water meter is replaced with
a smaller meter, based on the LUE differential of the two meter sizes and
the per -LUE fee at the time of the original fee payment, less an
administrative charge of $50.
F. Petition for refunds shall be submitted to the Engineer on a form
provided by the City for such purpose. Within one month of the date of
receipt of a petition for refund, the Engineer must provide the
petitioner, in writing, with a decision on the refund request, including
the reasons for the decision. Tf a refund is due to the petitioner, the
Engineer shall notify the Finance Director and request that a refund
payment be made to the petitioner. The petitioner may appeal the
determination to the City Administrator and Council, as set; forth in
Section 1.17.
Section 1.19 Updates to Plan and Revision of Fees
The City shall review the land use assumptions and capital improvements plan
for water and wastewater facilities at least every three years, the first three year
period which shall commence from the date of adoption of the capital improvements
plan referenced herein. The City Council shall accordingly then make a determination
of whether changes to the land use assumptions, capital improvements plan or impact
fees are needed and shall, in accordance with the procedures set forth in Chapter 395
of the Local Government Code, or any successor statute, either update the fees or
make a determination that no update is necessary.
Section 1.20 Fu nctions of Advisory Committee
A. The functions of the Advisory Committee are those set forth in Chapter
395 of the Local Government Code, or any successor statute, and shall
include the following:
1. Advise and assist the City in adopting land use assumptions;
2. Review the capital improvements plan regarding water and
wastewater capital improvements and file written comments
thereon;
3. Monitor and evaluate implementation of the capital improvements
program;
4. Advise the City of the need to update or revise the land use
assumptions, capital improvements program and impact fees; and
17
5. File a semiannual report evaluating the progress of the City in
achieving the capital improvements plans and identifying any
problems in implementing the plans or administering the impact
fees.
B. The City shall make available to the Advisory Committee any professional
reports prepared in the development or implementation of the capital
improvements plan.
C. The Council shall adopt procedural rules for the committee to follow in
carrying out it duties.
Section 1.21 Agreement for Capital Improvements
A. The City Council may approve the owner of a new development to
construct or finance some of the public improvements identified in the
CIP. In the case of such approval, the property owner must enter into
an agreement with the City prior to fee collection. The agreement shall
be on a form approved by the City, and shall establish the estimated
cost of improvement, the schedule for initiation and completion of the
improvement, a requirement that the improvement shall be completed to
City standards, and any other terms and conditions the City deems
necessary. The Engineer shall review the improvement plan, verify
costs and time schedules, determine if the improvement is contained in
the CIP, and determine the amount of the applicable credit for such
improvement to be applied to the otherwise applicable impact fee before
submitting the proposed agreement to the Council for approval.
B. The City and such owner either may agree that the costs incurred or
funds advanced will be credited against the impact fees otherwise due
from the new development, or they may agree that the City shall
reimburse the owner for such costs from impact fees paid from other
new developments which will use such capital improvements or facility
expansions.
Section 1.22 Use of Other Financing Mechanisms
A. The City, may finance water and wastewater capital improvements of
facilities expansions designated in the 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.
B. 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, charge or assessment which is
lawfully imposed on and due against the property.
Section 1.23 Impact Fees as Additional and Supplemental Regulation
A. 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
the sale of water or wastewater taps or the issuance of certificates of
occupancy. Such fees are intended to be consistent with and to further
the policies of City's Comprehensive Plan, capital improvements plan,
zoning ordinance, subdivision regulations and other City policies,
ordinances and resolutions by which the City seeks to ensure the
provision of adequate public facilities in conjunction with the
development of land.
B. This Chapter shall not affect, in any manner, the permissible use of
property, density of development, design, and improvement standards
and requirements, or any other aspect of the development of land or
provision of public improvements subject to the zoning and subdivision
regulations or other regulations of the City, which shall be operative
and remain in full force and effect without limitation with respect to all
such development.
Section 1.24 Relief Procedures
A. Any person who has paid an impact fee or an owner of land upon which
an impact fee has been paid may petition the 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 Council
determines that the duty is required pursuant to the ordinance and is
late in being performed, it shall cause the duty to commence within sixty
(60) days of the date of the request and to continue until completion.
B. The Council may grant a 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, upon
finding that a strict application of such requirement would, when
regarded as a whole, result in confiscation of the property.
C. The Council may grant a waiver from any requirement of this ordinance
on other grounds, as may be set forth in administrative guidelines.
19
ARTICLE II
WATER FACILITIES FEES
Section 2.01 Water Service A rea
A. There is hereby established a water service area as depicted on Exhibit
A, attached hereto and incorporated herein by reference.
B. The boundaries of the water service area may be amended from time to
time, and new water . service areas may be delineated, pursuant to the
procedures in Section 1.07.
Section 2.02 Water Improvement Plan
A. The Water Improvement Plan for the City is hereby adopted as Exhibit
D attached hereto and incorporated by reference herein.
B. The Water Improvement Plan may be amended from time to time,
pursuant to the procedures set forth in Chapter 395 of the Local
Government Code and its successors.
Section 2.03 Water Impact Fees
A. The maximum impact fee values per service unit for water facilities are
hereby adopted and incorporated in Exhibit C attached hereto and made
a part hereof by reference.
B. The maximum impact fee values per service unit for water facilities may
be amended from time to time, pursuant to the procedures in Section
1.10.
ARTICLE III
WASTEWATER FACILITIES FEES
Section 3.01 Wastewater Service Area
A. There is hereby established a wastewater service area as depicted on
Exhibit A, attached hereto and incorporated herein by reference.
B. The boundaries of the wastewater service area may be amended from
time to time, and new wastewater service areas may be delineated,
pursuant to the procedures in Section 1.07.
20
Section 3.02 Wa stewater Improvement Plan
A. The Wastewater Improvement Plan for the City is hereby adopted as
Exhibit E attached hereto and incorporated by reference herein,
B. The Wastewater Improvement Plan may be amended from time to time,
pursuant to the procedures set forth in Chapter 395 of the Local
Government Code and its successors.
Section 3.03 Wastewater Impact Fees
A. The maxima m impact fee values per service unit for wastewater facilities
are hereby adopted and incorporated in Exhibit C attached hereto and
made a part hereof by reference.
B. The maximum impact fee values per service unit for wastewater facilities
may be amended from time to time, pursuant to the procedures in
Section 1.10.
2.
This ordinance shall be and is hereby declared to be cumulative of all other
ordinances of the City, and this ordinance shall not operate to repeal or affect any
of such other ordinances except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordinance, in which event such
conflicting provisions, if any, in such other ordinance or ordinances are hereby
repealed.
3.
If any sentence, section, subsection, clause, phrase, part or provision of this
Chapter be declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the ordinance as a whole, or any part thereof, other than
the part declared to be invalid.
4.
The provisions of this Chapter shall be liberally construed to effectively carry
out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety, and welfare. Any member of the Council or any City official or
employee charged with the enforcement of this ordinance, acting for the City in the
discharge of his or her duties, shall not thereby render himself or herself personally
liable; and is hereby relieved from all personal liability for any damage that might
accrue to persons or property as a result of any act required or permitted in the
discharge of said duties.
21
5.
Any violation of this ordinance can be enjoined by a suit filed in the name of
the City in court of competent jurisdiction, and this remedy shall be in addition to
any penal provision in this ordinance or in the Code of the City.
6.
This Chapter is directed to be published as required by law and shall be
effective from and after its publication.
PASSED IN OPEN SESSION of the City Council of the City of Kennedale, Texas,
on _, 19
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
22
EXHIBIT A
SERVICE AREA MAPS
F
EXHIBIT B
LAND USE ASSUMPTIONS
EXHIBIT C
SCHEDULE OF MAXIMUM IMPACT FEES
The maximum assessable impact fees are as follows:
Water: $937.50, plus impact fees imposed by the
City's wholesale service provider(s)
Wastewater: $12, plus impact fees imposed by the City's
wholesale service provider(s), plus prorata
share of localized lift stations and associated
force mains required by the new development
The actual amount of impact fees to be collected shall be as follows:
Water: $400, plus impact fees imposed by the City's
wholesale service provider(s)
Wastewater: $12, plus impact fees imposed by the City's
wholesale service provider(s), plus prorata
share of localized lift stations and associated
force mains required by the new development
t
EXHIBIT D
WATER IMPROVEMENT PLAN
v
EXHIBIT E
WASTEWATER IMPROVEMENT PLAN
Jenifer Bedwell
Amanda Cash
Dylan Clifford
Phillip Galdo
Jon Kinkade
John Ortiz
Brandy Richards
Ninth
Grade
"Super A"
Melody Riesling
Jason Newcomb
"
I1
PaLrtck Arneare
Michael Buclaf M"i
cinista Butler
Monica Cardwell
Slue Dunavin
Summer Griffith
Jodie ling
Jamie Rirpatrick
l,isa Poston
Misty Silvey
Jos Wainpole
Michelle Willis
Jessica Winters
iiB
n
Tiera Ford
Rebecca Jackson
mark Miller
Toby Carter 1-,aUinda Lichnovsky
Angela Pena R ;nneth Pickard
Scott Ricbey Reba. Uselton
R
A public hearing of the City of Kenne
Texas to consider for adoption land u
municipal utilities 3y5tem. The City A�
fees.
The maximum fees allowable under
recommended that the lesser amoun t
lift station is required for a new devel
fees would be charged for larger util
In addition to the fees above, the Cit
wastewater treatment services to its
the City of Fort Worth. These fees ar
Persons who wish to obtain addition
Throckmorton, Room 224, Fort Wo
The potential service area of the Ke
Fees may also be applied to custom
municipal utilities customers unless t
who are not customers of the Kenn
Copies of the land use assumptions,
has the right to appear at the heari
13, 1991, makes a written request f
hearings must be sent to Ms. Linda
'I CE HEAR
ADOPTION
ND USE ASSUMPTIONS AND I �f FEES
dale will be held on February 18, 1991 at 7:30 in the Kennedale city Council Chambers at 209 North New Hope Road, Kennedale,
Se assumptions, capitalzimprovernents program (CIP) and impact fees for new or expanded water and wastewater service from the
hvid a single hearing on these issues and does not intend tifftold separate hearings to adopt land use assumptions, CIP and n[paet
State law are $1066 (water) and $8 (sewer) per typical residential connection. The Impact Fee Advisory Committee of the City has
of$625 actually be collected for a typical water service connection. In addition to the $8 wastewater fee, if a localized wastewater
opment, the feepayer will be assessed a fee equivalent to the prorata share of the lift station needed for the new development. Higher
ity service demands.
y of Fort Worth has stated its intention to impose impact fees for capital facilities related to the provision of treated water supply and
customers, including the City of Kennedale. The City of Kennedale will collect these fees from new development and remit them to
e intended to fund capital facilities which are funded by the City of Fort Worth and which are not duplicated by the City of Kennedale.
al information about Fort Worth impact fees may contact the Fort Worth Water Department, Fort Worth Municipal Building, 1000
rth, Texas 76112, (817) 870 -8220.
nnedale utilities shown in the map below is the study area for the land use assumptions, capital improvements plan and impact fees.
is outside the designated service area which are supplied under contract to the City of Kennedale. These fees will not apply to existing a
hey request an expansion of service through larger meters, extended or larger diameter lines, etc., nor will they apply to City residents
edale utilities.
CIP and proposed impact fees can be obtained at City Hall, 209 North New Hope Road, Kennedale, Texas. Any member of the public
ng and to, present evidence for or against the proposed land use assumptions, CIP and fees. If a person, by not later than February
I(
separate hearings, the City Council must hold separate hearings to adopt the land use assumptions and CIP. A request for separate
Jones, City Secretary, PO Box 268, Kennedale, Texas 76060. i
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M,rs. Tracy Carter is the newest member N ,
faculty. She is P l t fr
Texas Women University.