Title
Consider and take action on an ordinance amending Ordinance No. 2019-13 approving updated Land Use Assumptions and Capital Improvements Plan for Water and Wastewater Facilities; and amending capital recovery fee pursuant to Texas Local Government Code Chapter 395 (Executive Director of Development Services)
Background:
In accordance with Chapter 395 of the Texas Local Government Code, upon the adoption of updated land use assumptions and capital improvements plan, the City must adopt an ordinance setting a public hearing to discuss the revision of a Water and Wastewater Capital Recovery Fee (Council set May 23rd as date at the April 11th Council Meeting). State law allows and regulates cities to collect water and sewer capital recovery fees in accordance with Chapter 395 of the Texas Local Government Code. As part of this Chapter, the City is allowed to set Capital Recovery Fees (CRFs) at any level up to the maximum as determined in the “2023 Water and Wastewater Capital Recovery Fee Update” Study as prepared by the City’s consultant team of Freese and Nichols, Ardurra Group, and NewGen Strategies & Solutions.
Chapter 395 requires that the land use assumptions and capital improvements plan for which CRFs are imposed shall be reviewed, evaluated, and updated every five years. The last study was conducted in 2018/2019 and approved by City Council under Ordinance 2019-13 in April 2019. The work noted below and presented in the proposed ordinance brings the City into compliance with this State law:
· Land Use Assumptions: The City’s current land use assumptions were adopted under Ordinance 2019-13 in April 2019.
· Master Water and Master Wastewater Capital Improvements Plan Update were adopted under Ordinance 2018-44 in November 2018.
· The Water and Wastewater Capital Recovery Fee Capital Improvements Advisory Committee (CIAC), working with City Staff and the City’s consultants has received a study report documenting methodological approach, development o...
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