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Ord. 0806 08-11-97ORDINANCE NO. 806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, by virtue of Vernon's Texas Codes Annotated, Volume 3, Local Government Code, Chapter 395 ("State Law"), the City Council has found it necessary and appropriate to revise the City's capital improvements plan and update impact fees to comply with the provisions of said State Law; and WHEREAS, the City Council has employed qualified professionals to revise the capital improvements plan and calculate updated impact fees, and has held a public hearing, as required by State Law, at which hearing all persons desiring to be heard were heard; and WHEREAS, the City Council now desires to adopt the revised capital improvements plan and levy an updated impact fee in accordance with said State Law; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The capital improvements plan, included in a study by Walsh Engineering, Inc., entitled Water and Sanitary Sewerage Impact Fee Study 1996 Update (the "Study"), is incorporated herein as Exhibit "A" and made a part hereof for all purposes. 1 ORDINANCE NO. 806 Section 3. The updated impact fee calculations, included in the Study, and more particularly, Table 15 located at page 43, and made a part hereof for all purposes, are hereby approved and adopted. Section 4. The impact fees set forth in the Study are hereby levied against new development on lands located within the corporate boundaries of the City of Pearland. The impact fees levied hereby are subject to the applicable provisions of State Law. Section 5. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Five Hundred Dollars ($500.00). Section 6. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 8. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. 2 ORDINANCE NO. 806 Section 9. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 10. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the c",?g s, day of TOM REID MAYOR ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the // day of A , A. D., 1997. TOM REID MAYOR 3 ORDINANCE NO. 806 ATTEST: NG L IT SECRETARY APPROVE() AS TO FORM: AMY 0/ES McCULLOUGH CITY ATTORNEY EXHIBIT "A" - WATER AND SANITARY SEWERAGE IMPACT FEE STUDY 1996 UPDATE FILED IN CONTRACTS & AGREEMENTS 4 1 TABLE 15 IMPACT FEE CALCULATION 1 • WATER IMPROVEMENTS PROD NO.I PROJECT DESCRIPTION PRE-1996 1996-2006 2006-2016 IMPACT -FEE- ELLIGIBLE PROP. IMPACT FEE - ExisUrigwate�r Ines w/ Excess Capacity $999,243 $494,170 - Existing Elevated w/ Excess Capacity $807.203 $187.325 - Exist. W.P. & Lines W/ Excess Capacity $1,128,300 $535,964 1 Yost Blvd. 8' Interconnect $10,900 $10,900 2 Dixie Farm Road 16' Waterline $171,000 S171,000 $171,000 3 Golfcrest 12' Interconnect $24,500 $24,500 4 High School 12' Waterline $295,800 $295,800 $132,800 5 Garden Rd. 12' WL- Butler to FM 518 $221,000 $221,000 $221,000 6 O'Day -Hatfield 12' WL $93,000 $93,000 7 Garden Rd. 12' WL- W.P. to North S178,300 $178,300 $178,300 8 Alice Rd. 12' Tie-in $72,000 $72,000 $72,000 9 FM 518 16' WL- O'Day to FM 1128 $308,000 $308,000 $183,000 10 SH 35 16' WL- Magnolia to Exist. 16' $164,000 $164,000 $164,000 11 500,000 Gal. Elevated Storage $715,000 $715,000 S715,000 12 Water Well/Water Plant No. 9, at SWEC $1,243,000 $649,000 $649,000 13 Water Weil/Water Plant No. 10 & 16' WL $2,464,000 14 FM 518 16' WL- Water Plant to SH 288 $488,000 15 SH 35 12' WL- South of Dixie Farm Rd $352,000 - Mary's Creek Water Plant 3rd Pump $25,000 - Old City Hall Water Plant 3rd Pump $25,000 - Green Tee Water Plant 3rd Pump $25,000 - McLean Rd. Water Plant 3rd Pump $25,000 - Water Well/ Water Plant No. 11 $1,100,000 $649,000 $649,000 - Water Wel/Water Plant No. 12 $1,100,000 $649,000 - Water Well/Water Plant No. 13 $1,100,000 - Administration $10,000 $10,000 $10,000 SUBTOTAL _ $2,934,746 $5 806,500 $4,404,000 $5,427,959 145 10 1 WATER IMPACT FEE BASED ON 5,838 EQUIVALENT SERVICE UNITS $930 $539 WASTEWATER IMPROVEMENTS FPROJ NO. PROJECT DESCRIPTION 1 PRE-1996J 1996-2006 2006-2016 ['IMPACT -FEE -PROP.. ELLIGIBLE IMPACT FEE - 1 2 3 4 5 6 7 8 9 10 11 12 13 - fisting WWTP's w/ Excess Capacity Centennial/Clear Creek Gravity Line Old Alvin/ J. Lizer Trunk Sewer Shadycrest Lift Station Modifications Dixie Farm Rd. Trunk Sewer Scott St. Trunk Sewer Magnolia to SWEC Trunk Sewer Longwood WWTP Expansion Barry Rose WWTP Expansion New WWTP at SWEC 12' F.M. & Lift Station Mod. on Veteran SH 35 Trunk Sewer S. of Dixie Farm FM 518 Trunk Sewer to SH 288 New WWTP North of FM 518 Administration -$3,766,000- $1,171.000 $1,000,000 $152,000 $835,000 $549,000 $1,651,500 $1,800,000 $1,000,000 $5,900,000 $460,000 $130,000 $10,000 $625,000 $1,631,500 $672,000' $2,336,000 $2,242,500 $1,384,3801 $1,171,000 $1,000,000 $835,000 $549,000 $1,651,500 $1,238,400 $688,000 $4,070,360 $460,000 $130,000 $10,000 $854,800 $300,000 $417,500 S800,000 $1,238,400 $688,000 $4,070,360 $130,000 $10,000 SUBTOTAL $3,766,000 $14.658,500 57.507.000, $13,187,640 Sr8 509 060 ,WASTEWATER IMPACT FEE BASED ON 5,838 EQUIVALENT SERVICE UNITS I $2,259 $1,458 TOTAL WATER & WASTEWATER IMPACT FEE 43 $3,189, $1.997 WATER AND SANITARY SEWERAGE IMPACT FEE STUDY 1996 UPDATE EXHIBIT "A" ORDINANCE NO. 806 WALSH ENGINEERING, INC CONSULTING ENGINEERS 201 D E. BROADWAY PEARLAND, TEXAS CITY OF PEARLAND BRAZORIA COUNTY, TEXAS WATER AND SANITARY SEWERAGE IMPACT FEE STUDY 1996 UPDATE APRIL, 1997 Prepared By: WALSH ENGINEERING, INC. P. 0. BOX 760 PEARLAND, TEXAS 77588-0760 WEI JOB NO. 96-77 Walsh Engineering, Inc. CONTENTS CITY OF PEARLAND WATER & SANITARY SEWERAGE IMPACT FEE STUDY 1996 UPDATE TABLE OF CONTENTS Page No., INTRODUCTION A. GENERAL 1 B. PURPOSE AND SCOPE 1 C. STATE SENATE BILL 336 2 LAND USE ASSUMPTIONS A. GENERAL 4 B. POPULATION 6 C. POPULATION/HOUSING DENSITY 6 D. CONSTRUCTION TRENDS 9 WATER CAPITAL IMPROVEMENTS PLAN A. EXISTING CONDITIONS 13 B. WATER CAPITAL IMPROVEMENTS PLAN 18 SANITARY SEWERAGE CAPITAL IMPROVEMENTS PLAN A. EXISTING CONDITIONS 23 B. SANITARY SEWERAGE CAPITAL IMPROVEMENTS PLAN 30 Walsh Engineering, Inc. Pacle No. IMPACT FEE CALCULATIONS A. GENERAL 34 B. SERVICE UNITS 34 C. EXISTING FACILITIES 39 D. IMPACT FEE DETERMINATION 42 E. IMPACT FEE CALCULATION EXAMPLES 45 IMPACT FEE ADOPTION A. PUBLIC HEARING B. RESOLUTION AND ORDINANCE EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Water Capital Improvements Sanitary Sewer Capital Improvements Land Use Assumptions APPENDICES A. PEARLAND ECONOMIC/MARKET DATA BY CDS RESEARCH B. STATE SENATE BILL 336 C. WATER FACILITIES' CAPACITY CRITERIA D. 10 & 20-YEAR CAPITAL IMPROVEMENTS PLAN COST ESTIMATES E. RESERVE CAPACITY CALCULATIONS F. TESTIMONY BY WALSH ENGINEERING, INC. PUBLIC HEARING ON IMPACT FEE UPDATE , 1997 G. RESOLUTION NO. ii Walsh Engineering, Inc. 48 48 Figure 1 List of Tables Page No. Population and Growth 1960-2016 . . . . 8 Table 1 Pearland Land Use Projections 1996-2016 . 5 Table 2 Population Trends 1970-2016 7 Table 3 Population/Housing Statistics 11 Table 4 Construction Trends 1980-1996 12 Table 5 Existing Water Facilities 14 Table 6 Water Use 1978-1996 15 Table 7 Water Demand and Capacities 1996-2016 • 17 Table 8 Wastewater Flow 1995-1996 24 Table 9 Sanitary Sewerage Demand and Capacities 1996-2016 29 Table 10 Service Unit Factors 36 Table 11 Commercial Service Units 10-year Projection 37 Table 12 City -Wide Service Unit Projections . . ▪ 38 Table 13 Capital Improvements Projects with Capacity for Future Development . . . . 40 Table 14 Cost Data for Capital Improvements Projects with Reserve Capacity . . . ▪ 41 Table 15 Impact Fee Calculation 43 Walsh Engineering, Inc. PREFACE The City of Pearland, under an agreement executed on January 13, 1997, retained Walsh Engineering, Inc. as Engineering Consultant to update the October, 1993 impact fee for water and sanitary sewerage improvements pursuant to State Senate Bill 336 (enacted by the 1987 session of the Texas Legislature). The City has had an impact fee ordinance in effect since 1984. However, beginning in 1987 existing impact fees that were being assessed had to comply with the requirements of SB 336 to remain in effect. Following these requirements, the City obtained an update of its Comprehensive Development Plan (1988 Update) and a Water and Sanitary Sewerage Impact Fee Study. Subsequently, in October 1993 the City obtained the second update of its Water and Sanitary Sewerage Impact Fee Study. As required by SB 336, the City must update the land use assumptions and capital improvements plan every three years. This study encompasses those items as required by SB 336 to update the land use assumptions, capital improvements plan, and impact fee _P•�E of re assessment. ♦ MEHRAN BAVARIAN o'. 48811 ; Q Mehran Bavarian, P.E. f9• Vice President/Chief Engineer ti°e;gFels�SYER44% ,ts; oj` C�NV: iv Walsh Engineering, Inc. INTRODUCTION A. General The City of Pearland, under an agreement executed on January 13, 1997, retained Walsh Engineering, Inc. to update the October 4, 1993 impact fee for water and sanitary sewerage improvements. The update and impact fee determination are based on State Senate Bill 336 (SB 336) requirements for adoption of an impact fee. B. Purpose and Scope The purpose of this report is to update the 1993 impact fee determination as described in the October 1993 report entitled "Water and Sanitary Sewerage Impact Fee Study", by Walsh Engineering, Inc. In updating this report, new development projects for the Capital Improvements Plan are presented along with the calculations to determine an impact fee for water and sanitary sewerage improvements. A description of the existing water and sanitary sewerage systems and future demand on these systems are identified. Future demand is based upon an economic/ market analysis with population projections, demographics, land use, employment and economic trends performed by CDS Research, Inc., a marketing research firm located in the Houston area (see Appendix A). 1 Walsh Engineering, Inc. Also presented in the report are individual water and sanitary sewerage capital improvements identified by the City of Pearland's Engineering and Planning Department that will be required existing report. to meet the 10-year and future land use and 20-year assumptions An impact fee, based on the new determined according to the requirements demand. A study of is described in the land use assumption, is of SB 336. A public hearing on the new land use assumptions is also required by SB 336. The resolution and ordinances required for adoption of the impact fee are included. C. State Senate Bill 336 On June 20, 1987 the Texas Legislature passed into law Senate Bill 336 (SB 336). This legislation sets forth requirements that a political subdivision must meet in order to impose an impact fee to subsidize the financing of capital improvements. The intent of the law is to ensure that these impact fees, when collected, are used strictly for the construction of capital improvements to serve new development. Section 2 of the law, entitled "Authorization of Impact Fee", clearly states which costs the impact fee may be imposed to pay. Also, the section specifically states what the impact fee may not be used for. that are not operation or Impact fees may not be used to pay for projects in the capital improvements plan or for the repair, maintenance of new or existing capital improvements. The law requires that the political subdivision conduct a public 2 Walsh Engineering, Inc. hearing on the land use assumptions, the adoption of the capital improvements plan, and imposition of the impact fee. The law also gives details on the use of proceeds, refunds and procedures (see Appendix B). 3 Walsh Engineering, Inc. LAND USE ASSUMPTIONS A. General "Land use assumptions", as defined by SB 336, "includes a description of the service area and projections of changes in land use, densities, intensities, and population therein over at least a 10-year period." The service area, as defined for purposes of the impact fee determination, is the area bounded by the existing city limits. This area encompasses approximately 23.95 square miles or 15,325 acres. Beginning in the 1970's, the City experienced a period of tremendous growth stimulated by the oil industry boom of the Gulf Coast region. New residential housing permits were being received at one of the highest rates in the nation. However, the 1980's brought a period of economic downturn to the City as a result of the oil industry slump. The City has begun a recovery from the economic downturn of the 1980's and is currently experiencing a period of rapid growth. During the 1970's and 1980's, Pearland continued to experience a shift from agricultural land use to urban usage because of developmental pressures. Forecast of land use for Pearland for the next 10 and 20 years are presented in Table 1. 4 Walsh Engineering, Inc. TABLE 1 PEARLAND LAND USE PROJECTIONS 1996-2016 .v:: w..v::::.:..:: r.-:.vn•.: vv. •.............. ....v.. .. .. .... ..................., ......... .. . r............ .... .. .. .......v............................v... . ..:..... .:.. +:?•ti+} . r•::: in. .. v. :. ... .,:..:..`w .,.. ...:. : :. ....... ....... n. ....r . .: .}`}}: .wyy: . .. .I' .}•.}'.+::.:{.}:•+:i}}•:...':'..: •}}.. ... v ........... .. ,... rr...r.,. .. }. r?f ................ .. :. ... ....v . ..v.,.r v.. ..: .:..:... ..r v:..v �w: x:vnw::%•}n , ........ x... ... ..... r..... .r. .....v. .... ..... .. n...... n•::v:� ;•w::. . v.r.:. vRC... .. ....... v: •,vx :..,v:•}'•:v.. r. r....... ... ... ........... .+...:n.f. .............. ?...:.-r...rr.... .. v:?.•Y.v:•fv:::.:v:::::n�• :nv: ?:•:.. n. .. ...:. • �r.w�[•I:■;;.� .�:..�:..:.....RR... .:: n: ....r.v..n.i...�... .:...............v ri4k�i'k:k^iii::iki:i�i:C:iSi}.`•'::. i:. :.........t... ...... .:.:n}}•: ryr{}:{.. ...:..r..:...{...:..:........: .. n....l.....:: .�.::<.:.:. v: k� j}; iiii.^}�i: 'ii.}:e::,r.. '. ...........v....... v.v..• : • v:•:{::.v:::: •: •.{{n n . .v?•n: .:;'...<XR?}.f.;s�.......... n�.: .4.fv �i':Vi? :{k�:?k;: +..}T}}:.{. ::....... yr 'i ii'Fi:::???::::;•}:?•ii:::: :::::::::::::: t4:•}}}}:•}:•: -:: k•:;.:• �...::,..�.:.:.»�...',..}?.:.r.:..ti:.. :ti>:•}}}w}}}}:t. a,vvv..}.n..:.}..}}.A}}...?r:...•h..:?..;,vv.;}.:.n..:..:.;....:;..:..n.::.?... .•..•.+...<r.?:n.\.>:�.r...:i.. vnv:n}?:..:h.}:Nir. �.... ..r.Kfr{.v.. i.n.:.::}.'}.... .s{}}:r}:y::>:{ikt+?:?;. .. . .}.}yl y4i:.�A�.. ,: r}h+}i?i?.vA .:}: •:.:•r:.....: l.�..'..:.: 1..: .t'. .•T..?....v{.....:}�.: !{�..•.,!}i.RS: ..........::.....M.:,nf.:.:.xr..%-R} �... :r.}.`n•/.• 'tkk....,.. rk{ .?4•}y{.;;.::;:.}•;.}:}'::kk%•:k:;::••:::.,;.:::..<.:.::::. .T •:.n�.+ :.:.:..:.:. :.:.�:..;.: .....f ..:..:::..R::. k..•.: 4r .•..n/Y.....xrf.::nv .. .. {.5r.r.. . •..:..:v...:�.....hf.......n. }.:. .;..:.: r. :nv}.,; {..•........ Y... .};;.ti.:::;}••}:s•>{:}•:•: :..:...:.I.v.�.. �.........R......:.w. vvvnr•r,}•:Y�v.✓.}}:ti{?� >?::::t ik { v:.•..•....:v. .r•.f.. :v�..:S..r.:yf ...:..: .:::..v'.v^:.::...:•n:{••..�v.;i:i�. 5n•M1•.•.:. . :;ti{•{:4•}:}Y}{:.:.n.r.:f?..•.r .:..... '/+ " ..:. T.....4..R...n. Single Family 3,322 784 4,106 1,116 5,222 576 5,798 864 6,662 Multi -Family 96 16 112 24 136 11 147 16 163 SUBTOTAL• 3,418 800 4,218 1,140 5,358 587 5,945 880 6,825 Commercial* 1,227 166 1,393 205 1,598 98 1,696 196 1,892 Industrial** 0 30 30 45 75 30 105 45 150 TOTAL 4,645 996 5,641 1,390 7,031 715 7,746 1,121 8,867 Based on: 2.5 Single Family Units per acre. 15 Multi -Family Units per acre. 2.44 Acres per Commercial Connection. 7.5 Acres per Industrial Connection. * Commercial acreage includes: Retail, office, service centers, warehouse. etc., includes industrial listed acreage from Table 13. ** Industrial acreage includes new light industrial projects in city limits. SOURCE: CDS Research 5 The City is expected to need approximately 2,386 acres for developmental purposes during the next 10 years, with 1,940 acres, or 81% of that land, required for residential demand (single and multi -family). Commercial and industrial uses will require 446 acres or 19%. B. Population Population trends for the Houston-Galveston-Brazoria Consolidated Metropolitan Statistical Area (C.M.S.A.), Brazoria County and the City of Pearland are presented in Table 2. According to the 1980 and 1990 census data, the City of Pearland population accounted for 7.8% and 9.8% of the Brazoria County population, respectively. Based on the estimated population for 1996, this percentage is now 14.1%. The City grew by 5,516 persons during the 1980's and currently has an estimated population of 32,090 persons. The City's year 2006 population is projected to be 49,210 persons (17.1% of Brazoria County) while the year 2016 population is projected to be 62,010 persons (17.8% of Brazoria County) . Figure 1 presents a graphical description of the City's growth over the past 35 years. C. Population/Housing Density To allocate an impact fee to future development, it is necessary to convert the future growth in population into housing units. Thus, by knowing the projected increase in housing units or connections, future demand for water and sanitary sewerage facilities can be determined. Information used for this 6 Walsh Engineering, Inc. TABLE 2 POPULATION TRENDS PEARLAND AND SELECTED AREAS 1970-2016 Houston-Galveston-Brazoria C.M.S.A.* 2,169,100 rr ..yy :nv1yy: :fi:ivryi:::q '• 3,711,000 4,101,565 4,361,942 4,752,507 Brazoria County 108,300 169,600 191,707 228,028 252.242 288.563 312.777 349.099 Percent of C.M.S.A. 5.0% 5.5% 5.2% 5.6% 5.8% 6.1% 6.2% 6.5% City of Pearland 6,400 13,200 18,697 32,090 39,130 49,210 54,330 62,010 Percent of Brazoria County 5.9% 7.8% 9.8% 14.1% 15.5% 17.1% 17.4% 17.8°/a * Eight. County Consolidated Metropolitan Statistical Area. SOURCE: U.S. Census of Population and Housing 1970. 1980 and 1990: Donnelley Marketing Information Services/Demographics on Call: Houston -Galveston Area Council: City of Pearland CDS Research 7 POPULATION (1000'S) 65 60-- 55- 50-- 45- 40 - 35- 30- 25- 20- 15-- 10- 5- 0 49,210 2006 (PROJECTION) 32,090 1996 (EST.) 1 1 1 I 1 1 1 I 1 I 1 1 1960 1970 1980 1990 2000 2010 2020 FIGURE 1. POPULATION GROWTH 1960 - 2016 conversion is presented in Table 3. The average occupancy level per housing unit (single and multi -family) for the City and the County had decreased in the 1980's. Based on 1990 census data, the City's occupancy rate was 2.84 persons per housing unit (See Table 3). The migration of family units to the City in the 1990's has been steadily shifting towards the single family category. During the period of 1989-1996, the number of single family dwellings has increased at a steady rate of 28% per year while the multi -family rate for the same period has dropped from 14.3% to 6.4%. This trend in housing tends to show that a higher occupancy rate per unit should be used (See Table 7 of CDS Research, Inc. in Appendix A). It is for this reason that the City believes that an occupancy rate of 3.2 persons per housing unit should be used to estimate the 1996 population and make projections. D. Construction Trends Historical construction data by type, beginning in 1980 are presented in Table 4. As shown, a total of 2,848 single family building permits in the City (within City limits) have been taken out during the 1990's. This surpasses the total of 1,395 single family permits taken out during the entire decade of the 1980's. During the 1980's, the total number of permits issued was 2,097 or an average of 210 permits per year. From 1990 through December 1996, a total of 3,112 permits or an average of 445 permits per year have been issued. The 1990's average annual value of 445 permits is over double the average 9 Walsh Engineering, Inc. annual value of 210 permits during the decade of the 1980's. Existing major subdivisions in the City with developable lot inventory include Sunset Lakes, Dixie Woods, Pine Hollow, Briarglen, Cobblestone, Oakbrook Estates, and Westoak Village. 10 Walsh Engineering, Inc. TABLE 3 POPULATION/HOUSING STATISTICS Brazoria County Pearland 1980 Census 1990 Census 1980 Census 1990 Census 2006* 2016* Population 169,600 Occupied Housing Units 53,907 Persons Per Occupied Housing Unit 3.15 * Projected Source: U. S. Census Data 191,707 13,200 18,716 64,019 4,333 6,577 2.99 3.05 2.84 11 3.2 3.2 TABLE 4 CONSTRUCTION TRENDS 1980 - 1996 Year Single Family' Multi-Family2 Commerical Total 1980 94 0 18 112 1981 64 6 21 91 1982 113 183 28 324 1983 300 •6 19 325 1984 232 291 34 557 1985 75 8 18 101 1986 129 0 45 174 1987 134 0 17 151 1988 131 3 2 136 1989 123 0 3 126 Subtotal 1,395 497 205 2,097 1990 403 2 8 413 1991 381 4 11 396 1992 402 160 16 578 1993 481 0 13 494 1994 362 4 12 378 1995 340 0 13 353 1996 479 2 19 500 Subtotal 2,848 172 92 3,112 Include mobil home 2 Includes duplexes and apartments 12 WATER C. I. P. A. Existing Conditions The water supply system was evaluated to determine the current level of demand and total capacity. Data were collected on water production and distribution facilities. Sources of information were system maps and monthly water production reports. Currently, the City produces potable water from seven wells. The seventh well with associated ground storage and booster pumps (Garden Road Water Plant) went under construction in the second half of 1996 and is operational at the time of this update report. Table 5 presents the wells and their pumping and storage capacities. Historical and current water usage are presented in Table 6. The demand for potable water has steadily increased from 83 gallons per capita per day (GPCD) in 1970 to a current level of 110 GPCD - 140 GPCD in the 19901s. The GPCD usage represents total potable water produced by the City which is either consumed or lost to leakage. Public consumption includes lawn and garden watering. The Water Hygiene Division of the Texas Department of Health sets forth standards which regulate public water systems. These criteria were used to evaluate the current level of demand 13 Walsh Engineering, Inc. TABLE 5 EXISTING WATER FACILITIES Auxiliary Well Booster Pumps Well Motors Ground Elevated Station Name Capacity (calm) No. Capacitv(gpm) (Diesel)(gpm) Storage(gal) Storage(gal) Mary's Creek 762 2 905 Liberty 1,236 3 2,6482 Magnolia 976 3 2,6432 McLean 632 2 1,139 Old City Hall 546 2 1,013 Alice 1,218 3 2,2282 Green Tee 2081 2 1,069 Garden Road 1,300 3 3,600 Total 6,878 20 15,2453 350,000 950 500,000 500,000 950 400,000 650 250,000 500,000 200,000 950 300,000 500,000 212,000 1,300 428,000 4,800 1. City is receiving an equivalent of 208 gpm surface water from HCMUD 13. 2. Includes 500 gpm auxiliary pump. 3. Total sytem-wide capacity. 14 2,640,000 1,500,000 TA&E 6 WiTER USE 1970-1993 (million gallons) Month 1978 1980 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Jan 37.51 51.86 62.91 67.39 62.78 67.86 73.09 66.58 71.14 83.95 79.47 90.08 84.65 93.46 Feb 39.37 50.28 55.73 53.51 59.12 58.70 68.17 59.71 72.44 79.15 72.96 81.28 76.76 86.69 Mar 41.58 49.93 61.35 75.95 64.22 69.18 83.88 68.95 76.38 84.55 78.03 89.22 87.16 96.78 Apr 44.40 54.14 68.02 71.44 89.22 77.24 84.79 63.28 74.34 81.05 85.30 86.08 96.46 108.48 May 65.38 56.25 60.74 69.29 75.51 89.84 80.46 77.73 75.70 90.70 87.40 94.39 108.89 132.60 Jun 55.02 70.35 83.41 78.91 71.59 96.03 83.63 108.55 79.60 89.73 89.40 96.53 107.88 131.42 Jul 67.92 75.02 84.75 104.74 77.74 88.30 82.24 96.31 91.22 100.30 117.48 128.39 122.49 141.39 Aug 63.15 57.43 106.24 80.33 110.77 100.79 78.71 118.94 96.47 112.78 145.36 102.49 115.85 112.27 Sep 61.68 55.52 81.22 73.94 85.35 82.34 86.98 92.39 81.66 90.86 112.00 95.90 128.78 89.59 Oct 61.87 54.22 72.37 67.71 79.62 80.17 91.82 89.10 96.76 107.31 97.54 96.74 106.62 95.75 Nov 49.01 49.51 63.24 62.09 72.10 73.44 70.25 73.55 77.96 82.34 85.92 87.79 85.32 90.72 Dec 51.43 48.67 69.09 60.25 68.01 74.19 77.31 78.63 80.85 79.54 88.36 83.55 88.38 91.29 Tbtal 638.02 673.18 869.07 865.55 916.03 958.08 961.33 993.72 974.52 1082.26 1139.22 1132.42 1209.24 1270.44 Avgerage Monthly 53.17 56.10 72.42 72.13 76.33 79.84 80.11 82.81 81.21 90.19 94.93 94.37 100.77 105.87 Population 13,500 13,200 14,050 15,200 16,500 17,923 18,716 19,861 20,948 22,461 23,000 26,030 29,060 32,090 GP® 129 140 169 156 152 146 141 137 127 132 136 119 114 109 Source: Water Works Monthly Reports 15 being placed on the water system facilities. This analysis includes a review of well requirements, booster pumps, auxiliary power, and water storage requirements. A summary of existing and future demand versus existing facility capacities is presented in Table 7. The Department of Health criteria and the calculations to determine existing and future demand are presented in Appendix C. The existing water facilities have sufficient capacity to meet current and future demand in some areas but are deficient in other areas. Currently, total well capacity is slightly (34 GPM) short of meeting the existing demand. To meet 1997 demand and have a surplus, a minimum 1,200 GPM well should be drilled. Two more wells with minimum 1,200 GPM capacity each will be required between years 1999 and 2006 to meet the need for the next 10 years. Well water demand requirements will change if City purchases surface water from the City of Houston or Gulf Coast Water Authority. To meet current state requirements of having a minimum of two booster pumps with a minimum total capacity of 1,000 GPM with largest pump out of service at each pump station,` an additional booster pump is required at the Mary's Creek station, Green Tee station, McLean station, and also the Old City Hall station. Each new well drilled will require a minimum of two booster pumps with a minimum total capacity of 1,000 GPM. 16 Walsh Engineering, Inc: Population Connections/ Service Units Well Capacity (GPM) Booster Pimps1(GPM) Auxiliary Power (GPM) Ground Storage (Gallons) Elevated Storage (Gallons) Total Storage (Gallons) TABLE 7 'WATER DEMAND AND CAPACITIES 1996-2016 Required Capacities Current Capacity 1996 2006 2016 32,090 49,210 62,010 11,519 17,357 21,777 6,912 10,414 13,066 14,000 20,000 24,000 4,032 6,075 7,622 1,151,900 1,735,700 2,177,700 1,151,900 1,735,700 2,177,700 2,303,800 3,471,400 4,355,400 Excess or (Deficiency) 1996 1996 2006 2016 6,878 11, 9002 4,800 2,640,000 1,500,000 4,140,000 (34) (2,100) 768 (3,536) (8,100) (1,275) (6,188) (12,100) (2,822) 1,488,100 904,300 462,300 348,100 (235,700) (677,700) 1,836,200 668,600 (215,400) 1 Governing criteria is the number of booster pumps required per station to provide a total capacity of at least 1,000 gpu with the largest pump out of service. 2 Total capacity computed based on meeting the minimum requirements stated above. 17 Currently, there is adequate well pump auxiliary power to meet demand. However, to meet the year 2006 demand, approximately 1,300 GPM of additional well pump auxiliary power will be needed. At the time of the 1978 Comprehensive Development Plan, the City had a significant deficiency in it's storage requirements. However, the City overcame these deficiencies, and in fact, has adequate total storage capacity (ground and elevated combined) to meet demand for the next 15 to 18 years. However, at the present level of growth, some elevated storage (235,700 gallons) will be needed to meet the year 2006 demand. It is recommended that a minimum 500,000-gallon elevated storage be installed to have surplus storage and take advantage of economy of scale. B. Water Capital Improvements Plan Twelve projects have been identified and are proposed for the 10-year Capital Improvements Plan. These projects are: 1. Yost Boulevard Water Line: An 8-inch water line, approximately 400 feet long, on Yost Boulevard approximately 2,500 feet from FM 518. This water line will connect two existing 8-inch water lines, thus providing an additional loop in the Woodcreek Subdivision area. 18 Walsh Engineering, Inc. 2. Dixie Farm Road Water Line: A 16-inch water line to replace an existing 6-inch line. The line will extend from just north of Mary's Creek bypass to just south of FM 518, approximately 2,900 feet long. This line will assist in providing more water in this corridor. Existing tie-in lines are already 16-inch. 3. Golfcrest Water Line: A 12-inch water line, approximately 500 feet long, connecting a dead end line to a line on Golfcrest. This line will provide additional loop in the water distribution system in the Green Tee Terrace Subdivision. 4. High School Water Line: A 12-inch water line, approximately 6,800 feet long, from John Lizer Road to State Highway 35 along the southerly side of the new high school site. The new line will also connect to Shadycrest Subdivision and will provide service to projected new development around the high school. 5. Garden Road Water Line - Butler to FM 518: A 12-inch water line, approximately 5,000 feet long, connecting a water line on Butler Street to a line on the south side of FM 518. This line provides water for areas east and west of Garden Road and completes a loop in the distribution system. 19 Walsh Engineering, Inc. 6. O'Day Road/Hatfield Road Water Line: A 12-inch water line, approximately 2,200 feet long, from the north end of O'Day Road to the north of Hatfield Road. This line will complete a loop in the northwest sector of the City and provide service to projected new development in the area. 7. Garden Road Water Line - Water Plant to North: A 12- inch water line, approximately 4,000 feet long, extended from the Garden Road water plant to approximately 500 feet south of the City Limits. This line will provide water for areas east and west of Garden Road and completes a loop in the water distribution system. 8. Alice Street Tie-in to Old Alvin Road: A 12-inch water line, approximately 1,700 feet long, from the Alice Street storage facility to Old Alvin Road. This line will complete a loop in the north central sector of the City and provide service to projected new development in the area. 9. FM 518 Water Line - O'Day to FM 1128: A 16-inch water line, approximately 5,300 feet long, extended from a terminus point at O'Day Road to FM 1128. This line will extend the western extremity of the water 20 Walsh Engineering, Inc. distribution system further west and thus provide water for recent annexed areas and future development. 10. State Highway 35 Water Line: A 16-inch line, approximately 2,700 feet long, to replace an existing 8-inch line currently connecting two 16-inch lines. Line will extend from near Magnolia Road to a point west of Dixie Farm Road. This line will provide more water in this sector and removes a bottleneck in the distribution system. 11. Elevated Storage Tank: A 500,000-gallon elevated storage tank at the newly constructed Garden Road Water Plant. This elevated tank will provide the required elevated storage needed for the 10-year period and will have excess capacity for beyond year 2006. 12. New Water Plant at SWEC: A new water plant at City's Southwest Environmental Center (SWEC) with a minimum 1,200 GPM water well, ground storage tank, booster pumps and approximately 2,500 feet of 16-inch transmission line. This well will provide additional well capacity needed for the 10-year period. Because SB 336 allows a political subdivision to 21 Walsh Engineering, Inc. r impose an impact fee for only those improvements that provide service to new development, not all twelve projects can be eligible for the impact fee calculation. The 8-inch water line and appurtenances on Yost Boulevard are proposed for better water circulation in the area to serve existing development. This line will have no significant impact on future development. Cost estimates for these projects are included in Appendix D. Locations of the projects are shown in Exhibit 1. 22 Walsh Engineering, Inc. SANITARY SEWERAGE C. I. P. A. Existing Conditions The sanitary sewerage collection system and wastewater treatment plants (WWTP) were evaluated to determine the current level of demand and total capacity. Current wastewater flow data were collected from monthly operating reports. There are currently two WWTP's to serve the City. The Barry Rose WWTP is located at the end of Barry Rose Road near Clear Creek. The current capacity of the plant is 2.25 million gallons per day (MGD). The Longwood WWTP is located on Dixie Farm Road at Clear Creek. The current capacity of this plant is 1.75 MGD. Table 8 summarizes the 1995 and 1996 wastewater flow at each treatment facility. The Barry Rose WWTP had an average daily flow of 2.228 MGD in 1995, while the 1996 average daily flow decreased to 2.007 MGD, or a 0.221 MGD decrease. The Longwood WWTP had an average daily flow of 0.985 MGD in 1995, while the 1996 average daily flow increased slightly to an average daily flow of 1.074 MGD. The total average daily flow for both plants combined were 3.214 MGD in 1995 and 3.081 MGD in 1996. Based on 1995 and 1996 population estimates, this results in an average daily flow per capita of 111 GPCD in 1995 and 96 GPCD in 1996. This compares to 23 Walsh Engineering, Inc. TABLE 8 WASTEWATER FLOW 1995-1996 Barry Rose Longwood Total Month Total(Million gal) Daily Avg(MGD) Total (million gal) Daily Avg(MGD) Daily Avg.(MGD) Jan 1995 94.902 February 63.292 March 90.910 April 71.948 May 66.737 June 62.126 July 54.975 August 56.987 September 50.081 October 52.486 November 62.154 December 68.955 '95 Avg. 3.061 2.260 2.930 2.398 2.152 2.070 1.773 1.838 1.669 1.693 2.671 2.224 2.228 MGD 46.291 32.572 43.146 34.042 43.478 28.929 25.935 27.194 25.509 27.328 33.864 36.207 1.493 1.163 1.391 1.134 1.112 0.964 0.836 0.877 0.850 0.881 1.128 1.167 4.554 3.423 4.321 3.532 3.264 3.034 2.609 2.715 2.519 2.574 3.799 3.391 0.986 MGD 3.214 MGD January 1996 64.841 2.091 35.408 1.142 3.233 February 52.824 1.821 28.855 0.995 2.816 March 53.885 1.738 26.872 0.866 2.604 April 51.085 1.702 27.683 0.922 2.624 May 54.389 1.754 26.648 0.859 2.613 June 64.711 2.157 31.801 1.060 3.217 July 45.067 1.453 25.757 0.830 2.283 August 88.966 2.869 43.466 1.402 4.271 September 86.266 2.875 45.068 1.502 4.377 October 58.526 1.888 30.679 0.989 2.877 November 51.376 1.712 29.977 0.999 2.711 December 62.714 2.023 41.243 1.330 3.353 24 an average potable water demand of 114 GPCD in 1995 and 109 GPCD in 1996. The low total flows from the two plants for 1996 appear to be due partly to less rainfall in 1996 versus 1995 (12" less), and partly due to the continuous infiltration and inflow (I & I) abatement. The lower rates per capita for water as well as wastewater for 1995 and 1996 are due to factors such as normal to above normal rainfalls, higher population estimates, and successful work on finding the I & I sources and abating them. Infiltration is defined as water entering the sanitary sewerage system from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. Inflow is defined as water discharged into a sanitary sewerage system from such sources as roof, yard and area drains, cooling -water discharges, manhole covers, cross connections from storm sewers and combined sewers, catch basins, surface runoff, street waste waters, or drainage. For analysis purposes of older systems, I & I is assumed to be 20% of the average daily flow. The following sanitary sewerage facts were taken from the 1990 study entitled, "Regional Water Supply and Wastewater Treatment Comprehensive Plan" for the Brazos Bend Water Authority by Lockwood, Andrews & Newnam, Inc.. and Walsh Engineering, Inc. 25 Walsh Engineering, Inc. The study area included Brookside Village, Manvel, Missouri City, and Pearland. Domestic wastewater treatment was provided by 14 public agencies at 15 sites and six privately owned plants. Wastewater flow rates were collected for the period August, 1987 through July, 1988. Average daily wastewater flow for the public facilities during this period totaled 6.247 MGD or 116 GPCD. The City of Pearland's daily rates during this time period were 1.53 MGD at the Barry Rose plant and 0.818 MGD at the Longwood plant or an average of 130 GPCD. Based on generally accepted wastewater flow criteria of 100 GPCD for design purposes and 20% I & I for older systems, Pearland's per capita flow of 130 GPCD was above normal at the time of the Brazos Bend study (130 GPCD versus 120 GPCD). However, the average rate of 104 GPCD over the 1995 and 1996, shows that the City of Pearland system is not as susceptible to I & I as before and in fact improved. During a period of population growth, if the I & I problem remains constant, the average flow rate per capita should decrease. New construction to serve population growth is being carried out with better quality material (PVC pipe versus clay pipe) which does not add a significant amount of I & I to the system. Therefore, the existing I & I flow is spread out over a larger populace and hence, the average flow rate per capita should decrease or at least stay the same. 26 Walsh Engineering, Inc. During the last two years, the Longwood WWTP's flow increased from 0.986 MGD in 1995 to only 1.074 MGD in 1996, and the Barry Rose WWTP's flow decreased from 2.228 MGD in 1995 to 2.007 MGD in 1996. This consistency in average annual flows indicate the success of the I & I abatement program. It is the recommendation of this report that the I & I abatement program be continued to eliminate the major sources of I & I in order to increase the capacity of the plants to treat the actual wastewater. The Texas Natural Resource Conservation Commission (TNRCC) provides design criteria to be used as minimum guidelines for sanitary sewerage collection, treatment and disposal systems. As part of the permitting requirements, whenever flow measurement for any sanitary sewerage treatment facility reaches 75% of the permitted average flow for three consecutive months, design for expansion or upgrading the facility should be initiated. Based on this requirement, the Barry Rose WWTP has exceeded the permit limit consistently during the past two years. The City is in the process of designing a new 2.00 MGD wastewater treatment plant at its Southwest Environmental Center and expanding the Barry Rose and Longwood plants by 0.85 MGD and a 0.75 MGD, respectively. The Longwood WWTP exceeded the 75% of the permitted average flow for two consecutive months, on two occasions in the past three years. Therefore, expansion of this plant as indicated above is needed to meet the demand for the eastern portion of the City. 27 Walsh Engineering, Inc. Although the Barry Rose WWTP has exceeded the 75% criteria as described above, the plant has not reached its total capacity of 2.25 MGD. Similarly, the Longwood WWTP has not reached its capacity of 1.75 MGD. Total capacity of both plants is 4.0 MGD, whereas the average flow for the period January thru December, 1996 is 3.081 MGD (both plants combined). Therefore, the City has 0.9 MGD of reserve wastewater treatment capacity for future growth. A summary of existing and future demand versus existing capacity is presented in Table 9. Although the 1995-1996 average flow rate is varied from low of 81 GPCD to high of 156 GPCD, a design value of 120 GPCD is used (100 GPCD + 20% I & I). The assumption made is that the City will maintain its aggressive I & I abatement program. Therefore, to estimate future wastewater demand, 120 GPCD will be used for the existing population and 110 GPCD will be used for future growth. The TNRCC requires that 200 gallons per inch diameter per mile of pipe be included as I & I for estimating wastewater flow. Assuming that this value for I & I corresponds to a 10% rate increase, the standard flow rate of 100 GPCD was increased by 10% to account for incorrectable I & I from future development. As stated above, the City has 0.9 MGD of reserve wastewater treatment capacity for future growth. This reserve, along with 2.478 MGD more capacity will be required to attain 28 Walsh Engineering, Inc. Capacity Population TABLE 9 SANITARY SEWERAGE DEMAND AND CAPACITIES 1996-2016 Required Capacity Current Capacity Excess or (Deficient) 1996 2006 2016 1996 1996 2006 2016 32,090 49,210 62,010 Future Service Units 5,838 10,258 1Wastewater Flow/ Person for Future Growth (GPCD) 110 110 Existing Service Units 11,519 11,519 11,519 2 Total Service Units 11,519 17,357 21,777 Wastewater Flow/ Person from Existing Service Units (GPCD) 120 120 Persons/Service Unit 3.20 3.20 3.20 Total Wastewater Flow (MGD) 3.081* 6.478 8.034 1 Includes 10% uncorrectable I & I 2 Includes a 20% I & I from the existing system * Existing average, flow total 29 4.0 0.919 (2.478) (4.034) a total capacity of 6.478 MGD that will be required to serve the projected year 2006 population. A combined total treatment capacity of 3.600 MGD is currently. under design. This design and construction needs to proceed to meet the 10-year expansion requirements. By 2016, the City will need a total of 8.034 MGD of capacity. It should be noted that if the aggressive I & I abatement program is not maintained, these capacity demands will be required much sooner. B. Sanitary Sewerage Capital Improvements Plan Ten projects have been identified and are proposed for the 10-year Capital Improvements Plans. These projects are: 1. Centennial Blvd/Clear Creek Parkway: A 24-inch through 30-inch sewer line, approximately 10,800 feet long, and two lift stations. This trunk sewer line follows the route of the proposed Clear Creek Parkway and Centennial Blvd. and would provide service to development along these proposed major thoroughfares and undeveloped areas along FM 518. 2. Old Alvin/John Lizer Road Sewer Line: A 15-inch through 21-inch trunk sewer line, approximately 10,200 feet long, with three lift stations with associated force mains along Old Alvin Road, John Lizer Road and Centennial Blvd. This line would service the 30 Walsh Engineering, Inc. anticipated development in this sector. 3. Shady Crest Lift Station Modifications: Increase the capacity of an existing lift station and force main to provide service to development in the area between State Highway 35 and Shadycrest Subdivision area. 4. Dixie Farm Road Sewer Line: A 18-inch through 27-inch trunk sewer line, approximately 17,400 feet long, with two lift stations with associated force mains. This line would serve the anticipated development along Dixie Farm Road, and eliminate smaller existing lift station/force main systems in existing developments. 5. Scott Street Sewer Line: A 15-inch through 36-inch trunk sewer line, approximately 22,800 feet long, with 1 lift station to eliminate several smaller existing lift station/force main systems in the area. This trunk line would serve the anticipated development in the northwest sector of the City. 6. Magnolia Road to SWEC Sewer Line: A 15-inch through 30-inch trunk sewer line, approximately 22,000 feet long, with 2 lift stations. This line would serve the anticipated development in the southwest sector of the City en route to a new wastewater treatment plant at 31 Walsh Engineering, Inc. the City's Southwest Environmental Center. 7. Longwood WWTP Expansion: The 0.75 MGD expansion project would increase the capacity of this plant from 1.75 MGD to 2.5 MGD. 8. Barry Rose WWTP Expansion: The 0.85 expansion project would increase the capacity of this plant from 2.25 MGD to 3.1 MGD. 9. New Wastewater Treatment Plant: A new 2.00 MGD wastewater treatment plant at the City's Southwest Environmental Center This plant is needed to meet the required capacity for the 10-year period with some excess capacity. 10. Lift Station Modifications & Force Main: A 12-inch force main, approximately 5,450 feet long, on Veterans Road with major modifications to the Walnut Street lift station to reroute the wastewater flow to the proposed trunk sewer on Magnolia Street. This rerouting will take a major load off of Barry Rose WWTP and direct it to the new plant at SWEC which is currently under design. 32 Walsh Engineering, Inc. Cost estimates for these sanitary sewerage projects are included in Appendix D. Locations of the projects are shown in Exhibit 2. 33 Walsh Engineering, Inc. IMPACT FEE CALCULATIONS A. General An impact fee, as defined by SB 336, "is a charge or assessment imposed by a political subdivision 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." This assessment is allocated uniformly to the projected number of future users, or service units that will be served by the capital improvements. B. Service Units A "service unit", as defined by SB 336, "is a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development." It is generally accepted practice to use a single family residential housing unit as the standard of measure. Therefore, one single family housing unit equals one equivalent service unit. Water usage by a single family unit and wastewater flows from a single family unit are used to relate other types of development to the standard service unit. Based on the City's estimate, the average occupancy of a single family unit currently is 3.2 persons per unit. Based on 1990's water consumptions, the average water usage per person is assumed to be 125 GPCD for a total of 400 gallons 34 Walsh Engineering, Inc. per day to an equivalent service unit. The average wastewater flow per person is 120 GPCD for a total of 384 gallons per day from an equivalent service unit. Table 10 gives the equivalent number of service units for development which may occur in Pearland. This table is required by SB 336. To simplify the variation in service units for commercial development, a variety of combinations of commercial development was projected over a 10- year period and an average equivalent service unit per commercial development was determined. This analysis resulted in one commercial development equivalent to four service units. These data are shown in Table 11. One industrial development was estimated to be equivalent to six service units. Based on the land use assumptions, the projected residential, commercial and industrial connections were converted to equivalent service units. Table 12 summarizes the service unit projections. Based on these projections, the number of new equivalent service units in the next 10 years is 5,838 units. As part of the 1988 Comprehensive Development Plan Update, a distribution pattern of projected housing units was developed to indicate where future growth would occur. Although the projected number of units has changed, the areas of potential growth have not changed significantly in the past five years. Exhibit 3 illustrates the distribution of the various projected service units for the planning area. 35 Walsh Engineering, Inc. Development TABLE 10 SERVICE UNIT FACTORS Unit Bakery Barber Shop Beauty Shop Bowling Alley Car Repair Carwash Tunnel Self Service Carwash, Wand Type Self Service Carwash, Tunnel with Attendants Church: Auditorium Classroom Club/Tavern/Lounge Convenience Store Country Club Day Care Center Dormitory Driving Range Fire Station Gas Station, Full Service Gas Station, Self Service Grocery Store Health Club Hospital Hotel/Motel Indoor Entertainment/amusement Manufacturing Nursing Home Office Building Photo Store, 1 Hour Processing Post Office, Excluding Dock Recreational Vehicle Park Residence, Apartment Residence, Condominium Residence, Duplex Residence, Mobile Home Residence, Single Family Residence, Town House Restaurant: Full Service, General Fast Food with Seating Fast Food without Seating Retail Store School, High School, Other Swimming Pool Theater, Drive-in Theater, Indoor warehouse Washateria Unit/Unit Remarks Square Foot 0.0007 Chair 0.47 Chair 0.47 Lane 0.62 1, Square Foot 0.00016 2 Lane 6.25 Bay 1.20 Lane 30.93 Seat 0.0031 Seat 0.0047 Seat 0.031 Square Foot 0.00022 Member 0.39 Occupant 0.031 Bed 0.28 Tee 0.21 Employee 0.28 Island 0.86 2 Island 0.80 2 Square Foot 0.00025 1 Member 0.016 Bed 0.62 3 Room 0.25 1 Occupant 0.031 1 Square Foot 0.00016 4 Bed 0.28 Square Foot 0.00031 Store 3.12 Square Foot 0.00025 Space 0.23 Dwelling Unit 0.70 Dwelling Unit 0.70 Dwelling Unit 1.00 Dwelling Unit 0.70 Dwelling Unit 1.00 5 Dwelling Unit 1.00 Seat 0.11 Seat 0.047 Square Foot 0.0023 Square Foot 0.00022 Seat 0.047 6 Seat 0.031 6 Swimmer 0.016 Space 0.016 Seat 0.016 Square Foot 0.0001 Machine 0.90 Remarks: 1. Does not include restaurant. 2. Does not include carwash. 3. Patient care area, does not include designated office areas. 4. Average Value, each development must be individually evaluated. 5. Basic Service Unit. 6. Does not include resident dormitory. 7. All developments not matching one of.the above will be evaluated individually based on data submitted by the developers. 36 Walsh Engineering, Inc. TABLE 11 COMMERCIAL SERVICE UNITS 10-YEAR PROJECTION Projected Type of Average Service Service Development Number Unit Size Unit/Unit Units Barber Shop 4 Chair 4 0.47 7.52 Beauty Shop 6 Chair 4 0.47 11.28 Car Repair 5 Sq. Ft. 3,000 0.00016 2.40 Carwash, Tunnel Self Service 2 Lane 1 6.25 12.50 Carwash, Wand Type Self Service 3 Bay 6 1.20 21.60 Church 4 Seat 250 0.0078 7.80 Club 2 Seat 50 0.031 3.10 Convenience Store 12 Sq. Ft. 3,600 0.00022 9.50 Day Care Center 7 Occup 30 0.031 6.51 Gas Station, Full Service 2 Island 2 0.86 3.44 Gas Station, Self Service 6 Island 2 0.80 9.60 Grocery Store 2 Sq. Ft. 40,000 0.00025 20.00 Health Club 2 Member 200 0.016 6.40 Hotel/Motel 1 Room 100 0.25 25.00 Nursing Home 1 Bed 100 0.28 28.00 Office Building 25 Sq. Ft. 4,000 0.00031 31.00 Restaurant, Full Service 2 Seat 150 0.11 33.00 Restaurant, Fast Food With Seating 4 Seat 150 0.047 28.20 Retail Store 17 Sq. Ft. 4,000 0.00022 14.96 School, High 1 Seat 2,500 0.047 117.50 Washateria 2 Mach. 30 0.90 54.00 TOTAL 110 Average Equivalent Service Units Per Commercial Development = 4 453.31 37 TABLE 12 CITY-WIDE SERVICE UNIT PRC ECTIONS 1996 2006 2016 Service Equivalent Service Eg►,;valent Service Equivalent Type of Unit Service Unit Service Unit Service Development Connections Factor Units Connections Factor Units Connections Factor Units Single Family 8,305 1.0 8,305 13,055 1.0 13,055 16,655 1.0 16,655 Multi -Family 1,723 0.7 1,206 2,323 0.7 1,626 2,723 0.7 1,906 Commercial 502 4.0 2,008 654 4.0 2,616 774 4.0 3,096 Industrial 0 6.0 0 10 6.0 60 20 6.0 120 Total 10,530 11,519 16,042 17,357 20,172 21,777 38 C. Existing Facilities At the time of the first capital recovery fee qualification, i.e., April 10, 1989., several capital improvements projects constructed prior to that time had reserve capacity to serve future development. Likewise, the Garden Road Water Plant and Transmission Lines constructed in 1996 have certain reserve capacity to serve future development. These improvements and their actual costs are given in Table 13. Because these projects meet the requirements of SB 336, they are included in the impact fee calculation. In the 1993 Impact Fee Update, the cost of these appropriate projects with reserve capacity was proportionately allocated to future demand. Since some of these projects still have reserve capacity, a proportional cost is used in this update. To properly allocate the cost of these projects with reserve capacity to future demand, it is necessary to quantify: (1) the current level of demand required by existing development, (2) the level of demand that each project can serve, and (3) the level of demand required during the planning period. By knowing these factors, the incremental capacity available for future demand can be determined. This can be readily accomplished for a wastewater treatment plant, sewer line, or water storage facility, However, it is difficult to determine for water lines because water line capacity is a function of pressure. A computer network analysis simulating demand as a function of field pressure tests 39 Walsh Engineering, Inc. TABLE 13 CAPITAL IMPROVEMENTS PROJECTS WITH CAPACITY FOR FUTURE DEVELOPMENT Facility Construction Cost Dixie Farm Road Water Line $249,300 FM 518 Water Line $154,444 Magnolia Road/John Lizer Road Water Line $110,000 Hatfield Road Water Line $173,884 O'Day Road Water Line $132,965 Old Alvin Road Water Line $ 90,650 Woody Lane Water Line $ 88,000 Elevated Water Storage Tanks $807,203 Barry Rose WWTP $2,094,000 Longwood WWTP $1,672,000 Garden Road Water Plant and Transmission Line $1,128,300 40 Walsh Engineering, Inc. TABLE 14 COST DATA FOR CAPITAL IMPROVEMENTS PROJECTS WITH RESERVE CAPACITY Facility Actual Cost Waterlines $ 999,243 WWTP Expansions $3,766,000 Elevated Storage Tanks $ 807,203 Garden Road Water Plant & Transmission Lines $1,128,300 41 Cost Qualifying For Impact Fee $ 494,170 $1,311,318 $ 187,325 $ 535,964 Walsh Engineering, Inc. Li is required to accurately determine capacity availability. This analysis is beyond the scope of this study. Because the component water lines of a water system are all connected and operate together as a pressure -flow system and cannot be analyzed individually without a network analysis, existing reserve capacity of water line projects are based on the entire service area of the City with a design life of 20 years. Table 14 provides a summary of existing facilities with reserve capacity and available costs qualifying for impact fee determination. The calculations are presented in Appendix E. D. Impact Fee Determination Because the projected service units in the next 10-year period is less than the total new service units projected to occur when the City is fully developed, the impact fee is equal to the costs of those capital improvements required in the next 10-year period allocated to the projected new service units in the 10-year period. Table 15 presents a summary of the impact fee eligible projects and the impact fee cost. Eligible projects include existing water plant and water lines with excess capacity (Appendix E), existing elevated storage with excess capacity (Appendix E), proposed water improvements (Appendix D), existing WWTP's with excess capacity (Appendix E), sanitary sewerage 42 Walsh Engineering, Inc. TABLE 15 IMPACT FEE CALCULATION WATER IMPROVEMENTS FPROA NO.1 PROJECT DESCRIPTION PRE-1996 1996-2006 2006-2016 IMPACT FEE ELLIGIBLE PRE IMPACT FEE - Existing Waterlines w/ Excess Capacity -$999,243 •• , 94,170 - Existing Elevated w/ Excess Capacity $807,203 $187,325 - Exist. W.P. & Lines W/ Excess Capacity $1,128,300 $535,964 1 Yost Blvd. 8" Interconnect $10,900 $10,900 2 Dixie Farm Road 16" Waterline $171,000 $171,000 $171,000 3 Golfcrest 12" Interconnect $24,500 $24,500 4 High School 12" Waterline $295,800 $295,800 $132,800 5 Garden Rd. 12" WL- Butler to FM 518 $221,000 $221,000 $221,000 6 O'Day -Hatfield 12" WL $93,000 $93,000 7 Garden Rd. 12" WL- W.P. to North $178,300 $178,300 $178,300 8 Alice Rd. 12" Tie-in $72,000 $72,000 $72,000 9 FM 518 16" WL- O'Day to FM 1128 $308,000 $308,000 $183,000 10 SH 35 16" WL- Magnolia to Exist. 16" $164,000 $164,000 $164,000 11 500,000 Gal. Elevated Storage $715,000 • $715,000 $715,000 12 Water Well/Water Plant No. 9, at SWEC $1,243,000 $649,000 $649,000 13 Water Well/Water Plant No. 10 & 16" WL $2,464,000 14 FM 518 16" WL- Water Plant to SH 288 $488,000 15 SH 35 12" WL- South of Dixie Farm Rd $352,000 - Mary's Creek Water Plant 3rd Pump $25,000 - Old City Hall Water Plant 3rd Pump $25,000 - Green Tee Water Plant 3rd Pump $25,000 - McLean Rd. Water Plant 3rd Pump $25,000 - Water Well/ Water Plant No. 11 $1,100,000 $649,000 $649,000 - Water Well/Water Plant No. 12 $1,100,000 $649,000 - Water Well/Water Plant No. 13 $1,100,000 - Administration $10,000 $10 000 $10,000 SUBTOTAL $2,934,746 $5,806,500 $4,404,000 $5,427,959 $3,145100 WATER IMPACT FEE BASED ON 5,838 EQUIVALENT SERVICE UNITS $930 $539 WASTEWATER IMPROVEMENTS 1 NO.1 PROJECT DESCRIPTION PRE-1996 1996-2006 2006-2016 IMPACT ELLIGIBLE_ IBLE] IMPACT FEE - Existing WWTP's w/ Excess Capacity 3,766,000 $1,384,380 1 Centennial/Clear Creek Gravity Line $1,171,000 $1,171,000 $854,800 2 Old Alvin/ J. Lizer Trunk Sewer $1,000,000 $1,000,000 $300,000 3 Shadycrest Lift Station Modifications $152,000 4 Dixie Farm Rd. Trunk Sewer $835,000 $625,000 $835,000 $417,500 5 Scott St. Trunk Sewer $549,000 $1,631,500 $549,000 6 Magnolia to SWEC Trunk Sewer $1,651,500 $1,651,500 $800,000 7 Longwood WWTP Expansion $1,800,000 $1,238,400 $1,238,400 8 Barry Rose WWTP Expansion $1,000,000 $688,000 $688,000 9 New WWTP at SWEC $5,900,000 $4,070,360 $4,070,360 10 12" F.M. & Lift Station Mod. on Veteran $460,000 $460,000 11 SH 35 Trunk Sewer S. of Dixie Farm $672,000 12 FM 518 Trunk Sewer to SH 288 $130,000 $2,336,000 $130,000 $130,000 13 New WWTP North of FM 518 $2,242,500 - Administration $10,000 10 000 10 000 SUBTOTAL $3,766,000 $14,658,500 $7,507,000 $13,187,640 $8. 09 0601 WASTEWATER IMPACT FEE BASED ON 5,838 EQUIVALENT SERVICE UNITS $2,259 $1,4581 TOTAL WATER & WASTEWATER IMPACT FEE $3,189 $1,997 43 improvements (Appendix D), and administration costs. Six of the sanitary sewerage project costs listed in Table 15 require further explanation. These are the Centennial Blvd./Clear Creek Parkway, Dixie Farm Road, Scott Street, Old Alvin/J. Lizer, FM 518 Trunk Sewer to SH 288, and the WWTP's expansions. The costs for the Centennial Blvd./Clear Creek Parkway,. Dixie Farm Road, Scott Street, and Old Alvin/J. Lizer sanitary sewerage projects included in the impact fee determination are the portions of the projects that will be constructed within the next five years as described by SB 336. In FM 518 trunk sewer to SH 288 project, the eligible cost is for a permanent lift station of a temporary wastewater treatment facility which might be built there to accommodate development. The WWTP expansion cost is based upon the average cost per gallon to expand the Longwood WWTP and the Barry Rose WWTP and the amount of additional capacity required by year 2006 (2.478 MGD) that is above the existing capacity level (4.0 MGD). The calculations for the WWTP's expansions are presented in Appendix E. The administration costs allowed by SB 336 are those costs paid to an independent qualified engineer preparing or updating the capital improvements plan who is not an employee of the political subdivision. The impact fee charged, per equivalent service unit, is 44 Walsh Engineering, Inc. $1,997 (eligible impact fee rate is $3,189), or 63% of the eligible fee. The previous impact fee of $1,097 represented 62% of the eligible fee of $1,782 from the 1993 study. Although this fee is to be charged on a system -wide basis within the service area, it is the fee to be charged to an equivalent service unit, i.e., a single family residential housing unit. Determination of the impact fee to be charged to a multi -family housing project or a commercial project will require the use of Table 10. E. Impact Fee Calculation Examples The following examples illustrate the proposed impact fee to be assessed to various types of new development. 1. A single family residential house is to be constructed in a new development. From Table 10, for a residence, single family, the service unit factor is 1.00 per unit. The unit is a dwelling unit. Therefore, the impact fee to be assessed to this project is: Impact Fee = $1,997 x Service Unit Factor = $1,997 x 1.00 per dwelling unit x 1 dwelling unit Impact Fee = $1,997 2. A multi -family apartment complex with 20 apartments is to be constructed. From Table 10, for a residence, apartment, the service unit factor is 45 Walsh Engineering, Inc. 0.70 per unit. The unit is a dwelling unit. Therefore, the impact fee to be assessed to this project is: Impact Fee = $1,997 x Service Unit Factor = $1,997 x 0.70 per dwelling unit x 20 dwelling units Impact Fee ,= $27,958 3. A full service restaurant with seating for 100 patrons is to be constructed. From Table 10, for a restaurant, general full service, the service unit factor is 0.11 per unit. The unit is a seat. Therefore, the impact fee to be assessed to this project is: Impact Fee = $1,997 x Service Unit Factor = $1,997 x 0.11 per seat x 100 seats Impact Fee = $21,967 4. A 6,000 square foot office building is to be constructed. From Table 10, for an office building the service unit factor is 0.00031 per unit. The unit is a square foot. Therefore, the impact fee to be assessed to this project is: Impact Fee = $1,997 x Service Unit Factor 46 Walsh Engineering, Inc. = $1,997 x 0.00031 per sq. ft. x 6,000 sq. ft Impact Fee = $3,.715 5. A self-service gas station with four islands, a self-service tunnel carwash and a 1,000 square foot convenience store is to be constructed. From Table 10, for a gas station, self service, the service unit factor is 0.80 per unit. The unit is an island. For a carwash, self service tunnel, the service unit factor is 6.25 per unit. The unit is a lane. For a convenience store, the service unit factor is 0.00022 per unit. The unit is a square foot. Therefore, the impact fee to be assessed to this project is: Impact Fee = $1,997 x Service Unit Factors = $1,997 x (0.80 per island x 4 isl. + 6.25 per lane x 1 lane + 0.00022 per sq. ft. x 1000 sq. ft) = $1,997 x (3.2 + 6.25 + 0.22) Impact Fee = $19,311 Because Table 10 does not include factors for industrial projects, a constant service unit factor of 6 equivalent service units per industrial project should be used to assess each industrial project unless sound judgement dictates otherwise. 47 Walsh Engineering, Inc. V. IMPACT FEE ADOPTION A. Public Hearing SB 336 requires a public hearing to be held to present any update of the impact fee. The presentation shall include a discussion of the new land use assumptions and capital improvements plan. Thehearing was held on , 1997, at the Pearland City Hall. The text of the testimony by Walsh Engineering, Inc. and the minutes of the public hearing are presented in Appendix F. B. Resolution and Ordinance Once the public hearing is held, the political subdivision shall approve or disapprove the amendment of the capital improvement plan and modification of the impact fee within 30 days after the public hearing. At a Council Meeting on , 1997, Council adopted the impact fee update assessment that was presented at the public hearing. A copy of Resolution adopting the impact fee update assessment, is presented in Appendix G. 48 Walsh Engineering, Inc. EXHIBITS Walsh Engineering, Inc. PROJECT NAME 1. YOST BLVD. 2. DIXIE FARM ROAD 3. GOLFCREST 4. HIGH SCHOOL 5. GARDEN RD.: BUTLER TO FM 518 6. O'DAY - HATFIELD 7. GARDEN RD.: W.P. TO NORTH 8. AUCE RD. 9. F M 518: O'DAY TO FM 1128 10. SH 35: MAGNOLIA TO SOUTH 11. ELEVATED STORAGE 12. NEW WATER PLANT AT SWEC 13. NEW WATER PLANT & TRANSMISSION LINE 14. FM 518: WATER PLANT TO SH 288 15. SH 35: SOUTH OF DIXIE FARM RD. WATER UNE WELL GROUND STORAGE ELEVATED STORAGE LEGEND 10 YEAR 20 YEAR CIP CIP • A 4 2010 E. BROADWAY PEARLAND, TEXAS F A a MPROVEMENTS J 0_ U CC W DATE APRIL 1997 EXHIBIT NO. 1 thimme 1pm gm Wm_ 11 �oF� pow %11 APARCI% V2 ►LE IWNEL CITY MIS !VIM Liginhirrx fuumunk improrun 11111 �� PROJECT NAME 1. CENTENNIAUCLEAR CREEK 2. OLD ALVIN/J.LIZER 3. SHADYCREST LS. MOD. 4. DIXIE FARM RD. 5. SCOTT ST. 6. MAGNOLIA RD. TO SWEC 7. LONGWOOD WWTP 8. BARRY ROSE WWTP 9. NEW WWTP AT SWEC 10. WALNUT ST. LS. MOD. & F.M. 11. SH 35: DIXIE FARM RD. TO SOUTH 12. FM 518 TO SH 288 13. NEW WWTP NORTH OF FM 518 GRAVITY LINE FORCE MAIN UFT STATION TREATMENT PLANT LEGEND 10 YEAR CIP 20 YEAR CIP MI MI MS MI UM MI NB N III 0 1J 1•.l000 6030 cox DATE Q 0- W CC CC v♦ APRIL 1997 EXHIBIT NO. 2 APPROX LQ L&f I WASSEY FINCH RD. r ^`I(• 111' uuua rT { 1114 pi 111 1 1��11111.11 ,1�• r liur agromr!�!�`�. AI abal l s� AREA PEARL.AND-ET PROJECTIONS 1996 - 2006 SINGLE FAMILY MULTI FAMILY COMMERCIAL INDUSTRIAL TOTAL TOTAL UNITS 4750 600 152 10 e000 0 SERVICE UNITS 4750 420 608 60 5838 NOTE: AREAS SHOW DISTRIBUTION AS UNITS. EQUIVALENT SERVICE UNITS ARE OBTAINED BY MULTIPLYING UNITS BY APPROPRIATE CONVERSION FACTOR. e000 WALSH ENGINEERING, INC CONSULTING ENGINEERS 2010 E. BROADWAY PEARLAND, TEXAS z 0 0- 2 co w z DATE APRIL 1997 EXHIBIT NO. 3 APPENDIX A PEARLAND ECONOMIC/MARKETING DATA CDS RESEARCH, INC. Walsh Engineering, Inc. PEARLAND TEN YEAR WATER AND SEWER CAPITAL IMPROVEMENTS PROGRAM UPDATE PEARLAND, TEXAS Prepared for: WALSH ENGINEERING, INC. 2010 E. Broadway Pearland, Texas 77581 Prepared by: CDS RESEARCH 9225 Katy Freeway Suite 322 Houston, Texas 77024 March 1997 019704 Pearland INTRODUCTION CDS Research is pleased to submit this update to the Pearland Water and Sewer Capital Improvements Program. CDS Research was involved in the preparation of the initial report in September 1993. This 1996 update examined and redefined data in the following categories: • Population • Demographics • School Enrollment • Park Facilities • Wage, Salary and Employers • Thoroughfare Improvements • Residential Growth • Commercial Growth • Land Use Data was collected and examined from many areas and agencies. Each table has been sourced and all data was analyzed by CDS Research for consistency and completeness. Most information has been reduced to table form for ease of assimilation into the Capital Improvements Program Report. Page 1 CLEAR CREEK F.M. 518 EXHIBIT I 1. McHARD ROAD 2. PEARLAND/HARRIS CO. 3. EXTENDED CITY LIMITS CITY OF PEARLAND BALM Y RD. BELTWAY 8 (SOUTH BELT) Corrigan r � kh Jarvis • Middle School r— L___ CITY ANTS Or KNAPP RD. Junior High West Rustic Oak E1erneatary l30C / \ f Pearland SECTION I PEARLAND STUDY PEARLAND DEMOGRAPHICS POPULATION TRENDS Table 1 shows the population trends of Pearland in relation to Brazoria County and the Greater Houston area. Brazoria County comprised 5.2% of the Houston area in 1990 and was estimated at 5.6% by the end of 1996. Projections through the year 2016 show Brazoria County to keep increasing population share up to 6.5% of the Houston Area. Pearland is increasing it's share of population of Brazoria County. The 1990 census gave Pearland just under 10% (9.8%) of the county's population. Pearland was estimated to be 14.1 % of the county at the end of 1996 and increased to 17.8% by the year 2016. Current Pearland population is estimated at 32,090 persons. The 20-year projection period through 2016 will add another 29,920 persons, nearly doubling the current population, for a total of 62,010. DEMOGRAPHIC CHARACTERISTICS Table 2 displays selected demographic characteristics of Pearland as they were in 1990 and how they compare to 1996. As shown the overall population is aging slowly as expected. Educational levels are increasing and the member of college graduates is up significantly. Household income is growing with 68.60/0 of households with incomes of $35,000 or more. This compares with 60.8% in 1990. Both median household and median family income is up over $7,000. "Single Family housing units by year built" shows that 34% of all single family housing in Pearland has been built in the 1990s. Page 3 Pearland SCHOOL ENROLLMENT Pearland school enrollment has increased between 5% and 6% in the last few years and has surpassed current student projections. CDS Research found a correlation between overall population growth for the city and projected school enrollment from the entire school district. About 30% of new city population growth is close to new student enrollment even with the Pearland School District covering more than the city limits. Taking 30% of the projected city wide population increase results in projected school enrollment for the district. This is displayed in Table 3. PARK FACILITIES Pearland park facilities are displayed in Table 4. EMPLOYMENT Wage and salary data is surveyed monthly for Brazoria County, but not for sub areas such as Pearland. Census year 1990 is the only true tracking point for the city. See Table 5. In 1990, Pearland commanded 14.6% (9,990) of all employment in the county. Employment in the service sector was highest followed by wholesale and retail trade and durable goods manufacturing. Brazoria County was strongest in non -durable goods manufacturing followed by wholesale and retail trade and government. Table 6 shows the current listing of Pearland's major employers. These employers are mostly a mixture of wholesale and retail trade, services and administrative. Page 4 Pearland TABLE 1 POPULATION TRENDS PEARLAND AND SELECTED AREAS 1970-2016 Houston-Galveston-Brazoria C.M.S.A.* 2,169,100 3,101,300 3.711,000 4,101:565 4,361,942 4,752,507 5,012,883 5,403,448 Brazoria County 108.300 169,600 191,707 228,028 252,242 288,563 312,777 349,099 Percent of C.M.S.A. 5.0% 5.5% 5.2% 5.6% 5.8% 6.1 6.2% 6.5% City of Pearland 6,400 13,200 18,697 32,090 39,130 49,210 54,330 62,010 Percent of Brazoria County 5.9% 7.8% 9.8% 14.1% 15.5% 17.1% 17.4% 17.8% * Eight County Consolidated Metropolitan Statistical Area. SOURCE: U.S. Census of Population and Housing 1970. 1980 and 1990: Donnelley Marketing Information Services/Demographics on Call: Houston -Galveston Area Council: City of Pearland CDS Research Page 5 Pearland TABLE 2 SELECTED DEMOGRAPHICS PEARLAND 1990-1996 C:;t�: Atii`'<ii;'C::::::::»:<::>:::::::<<:<:<:::<:<:::::::::>:>:<:>::::<::::::::<:.: ..arl . +� �9 G.....11':ea . a 3I3 Age Under 18 27.4% 28.8% 18-24 10.5% 8.5% 25-34 12.8% 17.9% 35-44 18.4% 17.6% 45-54 13.6°/v 11.1 55-64 8.4% 8.1 % 65+ 8.9% 8.0% Median Age Total Population 34.5% 32.5 Years Adult Population 42.0% 40.0 Years Education H.S. Grads/Some College 56.6% 54.3% College Grads including Associate Degree 28.4% 17.7% Household Income Under $10,000 .5.3% 6.3% $10,000-$14,999 3.2% 4.2% $15,000-$24,999 10.80/o 13.7% $25,000-$34,999 12.1% 15.0% $35,000-$49,999 18.8% 19.9% $50,000474,000 26.0% 25.3% $75,000+ 23.8% 15.6% Median Household Income 49,858 42,565 Median Family Income 56,064 47,863 Number Percent 1990-1996 2,848 34.3% 1985-1989 666 8.0% 1980-1984 977 11.8% 1970-1979 2,303 27.7% 1960-1969 1.168 14.1% 1950-1959 207 2.5% 1949-Before 136 1.6% Total 8,305 100% SOURCE: Donnelley Marketing Information Services/Demographics on call; CDS Research Page 6 Pearland TABLE 3 PEARLAND PROJECTED SCHOOL ENROLLMENT 2000-2016 1990 6,440 ' 1993 7,263 1996 9,000 2000 7,040 11,112 2006 10,080 14,136 2010 5,120 15,672 2016 7,680 17,976 SOURCE: Pearland Independent School District; CDS Research Page 7 Pearland TABLE 4 PARK FACILITIES IN PEARLAND 1996 City Parks Independence Park 50.0 Ac. Playground, pool, 4 tennis courts, BBQ shelter, soccer fields, 2 restroom facilities, 1 large pavilion, 2 small pavilions, 18 picnic units, 2 basketball courts Centennial Park Neighborhood Parks Corrigan Park Sonny Tobias Memorial Park 45.7 Ac. 1.5 Ac. 1.0 Ac. Playground, 2 picnic pavilions, 2 basketball courts, 4 lighted and fenced softball fields, 4 tennis courts, 1-mile jogging trail, bank fishing and 2 playgrounds. Basketball court, playground Playground, 3 picnic units Twin Creeks Park 4.8 Ac. 1 tennis court Woodcreek Park Pasternak Memorial Hyde Park 6.0 Ac. 0.75 Ac. 1.3 Ac. 6 picnic units, swing set Playground, 3 picnic units Playground, 3 picnic units, 1/6 mile walking trail Other Heritage Plaza at City Hall 1.3 Ac. Gazebo and fountain TOTAL 111.05 Ac. 'talFac;Ites 33 Picnic Units 1 Pool 9 8 5 4 2 Tennis Courts Playgrounds Basketball Courts Softball Fields Small Pavilions 1 1 1 1 1 Large Pavilion Jogging Trail (1 mile) Walking Trail (1/6 mile) Bank Fishing Area Barbecue Shelter 2 Picnic Pavilions Soccer Fields SOURCE: City of Pearland Parks Department; CDS Research Page 8 Pearland TABLE 5 NONAGRICULTURAL WAGE AND SALARY EMPLOYMENT SELECTED AREAS 1987-1996 Durable Goods Mfg. + 1.3 4.8 4.6 4.7 4.8 4.9 3.9 3.8 3.5 3.4 3.5 Nondurable Goods Mfg. Mining -0.2 11.6 11.8 12.0 12.3 12.7 13.4 12.9 12.5 12.0 11.8 -0.5 1.4 1.5 1.3 1.1 1.2 1.9 2.0 2.0 2.2 1.9 Contract Construction +3.1 8.7 8.3 9.9 9.7 8.9 11.4 10.2 8.5 6.8 5.6 Transp. & Public Utilities Trade + 0.6 +2.7 3.1 13.8 3.0 13.8 2.8 13.8 2.6 13.2 2.6 12.8 2.8 12.9 3.0 12.4 2.7 11.5 2.6 11.1 2.5 Finance. Ins., Real Estate -0.3 1.8 1.8 1.8 1.8 1.9 1.9 1.9 1.8 1.8 2.1 Services + 3.9 13.5 13.2 12.4 11.6 11.6 10.8 10.0 8.9 8.3 9.6 Government + 2.9 13.7 13.4 13.1 12.9 12.4 12.2 12.0 11.4 11.0 10.8 Total Employed +13.5 72.4 71.4 71.8 70.0 69.0 71.2 68.2 62.8 59.2 58.9 * Data is shown in thousands of jobs. Durable Goods Mfg. Nondurable Goods Mfg. Mining arc>Pear#a „grent; 1.079 749 10.8% 7.5% 3.800 12.900 5.6% 18.8% 380 3.8% 2.000 2.9% Contract Construction 729 7.3% 10.200 15.0% Transp. & Public Utilities Trade 849 2.158 8.5% 21.6 % 3.000 12.400 4.4% 18.2% Finance. Ins.. Real Estate 689 6.9% 1.900 2.8% Services 2.917 29.2% 10.000 14.7% Government 440 4.4% 12.000 17.6% Total Employed 9,990 100% 68,200 1 00% SOURCE: Texas Workforce Commission: U.S. Census of Population 1990: CDS Research. Page 9 Pearland TABLE 6 MAJOR EMPLOYERS PEARLAND 1996 Aggreko. Inc.Air conditioning equipment 45 Associated Equipment Welding equipment 115 Davis -Lynch, Inc. Oil tools 100 Koza's, Inc. Embroidered textiles 80 N RG Products Manufacturing Corp. Steel doors &security screens 80 Packaging Service Co., Inc. Solvents & chemicals 100 Pauluhn Electric Manufacturing Industrial and marine lighting equipment 135 Replacement Parts Corporation Air compressor parts 30 Texas Honing, Inc. Machine job shop 70 Pearland I.S.D. Public education 1.064 City of Pearland Public administration 190 K-Mart Retail sales 120 Kroger Grocery sales r 125 Walmart Retail sales 325 Strickland Chevrolet Auto Dealer 92. Bell Bottom Foundations Foundations 50 Third Coast Packaging Specialized packaging 65 Dragers Welding Service Instrument Welding 50 Weatherford Enterra Oil field equipment 190 CPI Group Wire Cloth 84 Western Atlas Oil field equipment 80 Bredaro Price Co. Pipe coatings 74 Metallurgical Technologies, Inc. Thermal spray powders 70 TOTAL 3,334 SOURCE: Texas Manufacturer's Register, 1996; Pearland Chamber of Commerce; CDS Research Page 10 , Pearland SECTION II PEARLAND STUDY PEARLAND GROWTH FACTORS TRAFFIC PLANNING/LAND DEVELOPMENT The most critical new road completion in the Pearland area is the final link of Beltway 8. This will give Pearland quick access east and west bound and tie in directly with all other major Houston area thoroughfares. Prior to completion of Beltway 8, Pearland was "land locked" in relation to transportation. The city was tied to FM 518 with slow access to SH 288 and IH 45. Opening in Spring 1997, Beltway 8 is projected to carry 36,000 average daily trips (ADT) by the year 2000 and 50,000 ADT by the year 2020. Texas Department of Transportation (TXDOT) has modeled these numbers for the Pearland area. TXDOT and CDS Research believe these projections to be low. Highway 35 has been planned to expand to six lanes divided and realigned for years but, will not likely be started within the next 10 years. Highway 35 traffic counts were 21,000 ADT in 1995, projected to 29,000 ADT in 2010. If kept in its current configuration. Highway 35 is expected to carry 46,000 ADT by the year 2020. FM 518 carried 8,000 ADT in 1990 and more than doubled to 17,200 ADT by 1995. This shows the strong east/west vehicle pressure put on FM 518 as a result mostly of Pearland's growth. By 2000, FM 518 will increase to 20,500 ADT and to 28,000 ADT by 2020. These latter projections will be adjusted with the opening of Beltway 8. Centennial Boulevard, already under construction, will travel northeast from Highway 35 south past the Pearland city limits to Hughes Road. Additionally, Clear Creek Parkway after the year 2000 will eventually Zink Beltway 8 to Century Parkway. These two projects will open up developable land for Pearland well into the next century. Pearland will have more central area (south of FM 518) land opened for immediate development followed by expansion of Pearland's northeast quadrant. Timing of facilities will be determined by the speed and depth of development in the area. One other project which will have bids by summer 1997 is the extension of McHard Road from Mykawa Road to Highway 35. This is the first step in opening the northern portion of Pearland which currently is physically divided by the railroad. Page 11 Pearland There are about 1,000 to 1,200 acres of land which can be developed within the next 5-10 years in Pearland. Probably twice that much acreage could be developed in the' next 10-15 years. Development pressure, again, is the key which will determine timing and acreage. RESIDENTIAL CONSTRUCTION Table 7 shows single family and multi -family construction permits issued since 1988. From 1990 through 1996, an average of 407 single family permits have been issued. Comparing Table 8 with Table 7 shows that only one multi -family project has been constructed since 1985. CDS Research examined 1,430 multi -family units in Pearland. Of those, 1,375 or 96.2 % were occupied. Pressure to build more multi -family units is very strong not only from the inquiries by developers to the city, but by the numbers themselves. Very high occupancy with average rents mostly over $0.70 per square foot in a high growth area are what multi -family developers strive for. NEW DWELLING UNIT DEMAND Table 9 shows the breakdown of single family and multi -family housing demand from the population projections. Based on our interviews in Pearland and trends in the last few years, 89% of all new housing will be single family and 11% will be multi -family from the end of 1996-2006. The latter 10 years through 2016, will see a slight ratio change to 90% single family and 10% multi -family. Actual numbers project a demand for 5,350 new single family homes through 2006 and 600 multi -family units. The second decade 2007 through•2016 shows a demand for 4,000 new single family homes and 400 multi -family units. Page 12 Pearland COMMERCIAL CONSTRUCTION TRENDS Residential growth makes the strongest case for continuing commercial expansion. Table 10 shows how commercial permits have kept pace with the growth in residential permits. Since 1990, Pearland has averaged over 13 permits annually. In the last five years, commercial permits have averaged 15 per year. CDS Research estimates the number of commercial permits will increase as the residential sales continue to grow and new areas are developed. New road construction and access and most new city annexation is located in areas of commercial frontage, creating new commercial opportunities. UTILITY CONNECTIONS BY TYPE Table 11 shows the number of utility connections by use types from the end of 1996 through 2016. Total of all connection types in 1996 is 10,530. By 2006, total connections will increase by 5.512 to 16,042 or an increase of 65.6%. Through the year 2016 another 4,130 connections will be added bringing the total to 20,172. This nearly doubles (91.6%) those from the end of 1996. Page 13 Pearland TABLE 7 RESIDENTIAL CONSTRUCTION TRENDS 1988 - 1996 1996 479 2 481 1995 340 0 340 1994 362 0 362 1993 481 0 481 1992 402 160 562 1991 381 4 385 1990 403 2 405 1989 123 0 123 1988 131 3 134 1990-1996 Total 2,848 168 3,016 Includes mobile homes. 2 Includes duplexes and apartments. SOURCE: City of Pearland, Permits Division; CDS Research Page 14 I Pearland TABLE 8 PEARLAND SURVEYED APARTMENTS 1996 1983 Name Strawbridge Apts. UMITS 171 100 552.8362573 0.728267903 759.1111111 1972 Windmill II Apts. 298 91 485.3020134 0.655486561 740.3691275 1972 Salem Village Apts. 141 98 541.0283688 0.630027585 858.7375887 1976 Silver Maple Apts. 152 97 0 0 0 1979 Pearland Village Apts. 130 98 484.6153846 0.690925841 701.4 1970 Park Place Apts. 100 95 504.2 0.648071979 778 1985 Whispering Winds Apts. 286 97 644.4405594 0.717438692 898.2517483 1993 Remington Apts. 152 97 747.6315789 • 0.773197981 966.9342105 TOTAL 1 ,430 96.2% SOURCE: CDS Research Page 15 Pearland TABLE 9 PEARLAND NEW DWELLING UNIT DEMAND FORECAST 12/1996-2016 Forecast Population Increase IMOi4VM,WORMgaiMON. 7,040 10,080 17,120 .0WWW 5,120 7.680 12,800 29.920 New Dwelling Unit Demand 3.2 p/ndu* 2,200 3,150 5,350 1,600 2.400 4.000 9,350 Single Family Unit Demand 89% 89% 1,960 2,790 89% 4,750 90% 1,440 90% 2,160 90% 3.600 89% 8.350 Multi -Family Unit Demand 11% 11% 240 360 11% 600 100/0 160 1 0°/0 240 100/0 400 11% 1 .000 * p/ndu = persons per new dwelling unit. SOURCE: CDS Research. Page 16 Pearland TABLE 10 COMMERCIAL CONSTRUCTION TRENDS 1988 - 1996 1996 5,189,850 19 273,150 1995 3,762,900 13 289,454 1994 2,997,021 12 249,752 1993 6,475,570 15 431,705 1992 6,849,000 16 428,063 1991 2,501,000 11 277,364 1990 1,197,840 8 149,730 1989 298,550 3 99.517 1988 681,000 2 340,500 199.0-1996 Total 28,973,181 94 308,225 Not adjusted for inflation. 2 Includes industrial, office and retail buildings. SOURCE: City of Pearland, Permits Division; CDS Research Page 17 Pearland TABLE 11 PEARLAND UTILITY CONNECTIONS BY TYPE 1996-2016 Single Family 8,305 10,265 13,055 14,495 16,655 Multi -Family 1,723 1,963 2,323 2,483 2,723 Sub Total 10,028 12,228 15,378 16,978 19,378 Commercial 502 570 654 694 774 Industrial 0 4 10 14 20 Total 10,530 12,802 16,042 17,686 20,172 SOURCE: City of Pearland; CDS Research Page 18 Pearland SECTION III PEARLAND LAND STUDY USE The Texas Department of transportation (TXDOT), in conjunction with the Houston - Galveston Area Council (HGAC), is the only agency in the Houston region which attempts to tabulate land use. In Brazoria County's case, TXDOT has compiled land use information by traffic analysis zones (TAZ). These TAZs are grouped to form 1990 U.S. Census tracts providing land use information for the entire county. CDS Research has taken the land use information for Brazoria County and filtered the information to approximate the City of Pearland, including the new city land annexations through the end of 1996. CDS Research compiled land use figures then approximated the new city boundaries. To most accurately assess the acreage figures, on -ground surveys would have to be ,completed which far exceeds the limits of this project. What we have determined is a land use "base" from the most current information available. Pearland's land use acreage and population figures from TXDOT after adjusting for new city boundaries are displayed in the appendix. The total land use acreage for the city are displayed in Table.12. Examining Table 12 shows the number of dwelling units and population figures are below those actually known in Pearland at the end of 1996. These uncorrected numbers do, however, give useful unit/acre and persons/acre ratios for the city. Non-residential land uses also give acreage estimates and person/acre. Total acreage surveyed was 13,226 about 86% of the known 15,369 acres currently controlled by the city. These figures only surveyed the Brazoria County portion of Pearland. The Harris County portion is not included. To compensate for the survey shortfalls CDS Research adjusted the figures in Table 12 by the known factors from the city. Population and residential unit figures and adjustments to the acreage of residential and non-residential land use types produced Table 13. Table 13 adjusted figures still total 10.3% below known total acreage figures (13,788 acres vs. 15,369 acres) but is as dose as known data permits. Using Tables 12 and 13 as our baseline through the end of 1996, we have applied population and utility connections to project future land use by acreage in Table 14. Page 19 J Pearland TABLE 12 PEARLAND LAND USE TOTALS* 1996 SINGLE FAMILY 7,501 21,097 3,001 2.5 7.03 MULTI -FAMILY 1.258 2.495 70 17.97 35.64 MOBILE HOME 418 1.146 112 3.73 10.23 TOTAL 9,177 24,738 3,183 2.88 7.77 �.w COMMERCIAL 485 51.01 INDUSTRIAL 470 52.63 EDUCATION 185 133.72 TOTAL DEVELOPED ACRES 4,323 32.7% TOTAL UNDEVELOPED ACRES 8,903 67.3% TOTAL ACRES 13,226 100% * From Appendix - Pearland Land Use NOTE: Only includes acreage from Brazoria County. not portion of Pearland in Harris County. SOURCE: Texas Department of Transportation; CDS Research J Page 20 Pearland TABLE 13 PEARLAND ADJUSTED LAND USE FIGURES 1996 SINGLE FAMILY 8,305 26,576 3,322 2.50 8.00 MULTI -FAMILY 1,723 5,514 96 17.97 57.44 SUBTOTAL 10,028 32,090 3,418 3.20 9.39 .57 COMMERCIAL 629 51.01 INDUSTRIAL 598 52.63 EDUCATION 240 133.72 TOTAL 4,885 6.57 I>>NunabE TOTAL DEVELOPED ACRES: 4,885 .35.4% TOTAL UNDEVELOPED ACRES: 8,903 64.6% ACTUAL ACREAGE: 15,369 100% ADJUSTED TOTAL: 13,788 89.7% BALANCE 1,581 10.3% NOTE: Only includes acreage from Brazoria County, not portion of Pearland in Harris County. SOURCE: Texas Department of Transportation; CDS Research Page 21 Pearland TABLE 14 PEARLAND LAND USE PROJECTIONS 1996-2016 ......................... { Single Family 3,322 784 4,106 1,116 5,222 576 5,798 864 6,662 Multi -Family 96 16 112 24 136 11 147 16 163 SUBTOTAL 3,418 800 4,218 1,140 5,358 587 5,945 880 6,825 Commercial* 1,227 166 1,393 205 1,598 98 1,696 196 1,892 industrial** 0 30 30 45 75 30 105 45 150 TOTAL 4,645 996 5,641 1,390 7,031 715 7,746 1,121 8,867 Based on: 2.5 Single Family Units per acre. 15 Multi -Family Units per acre. 2.44 Acres per Commercial Connection. 7.5 Acres per Industrial Connection. * Commercial acreage includes: Retail, office, service centers, warehouse, etc., includes industrial listed acreage from Table 13. ** Industrial acreage includes new light industrial projects in city limits. SOURCE: CDS Research Page 22 Pearland APPENDIX I TOTALS co 0 N CO 1 602.32 O 000 N ��N rn N 0 N 1 602.22 O 0000 N NN co N rn Al NN rn N 602.22 1 602.12 0 0 N I.3 1 602.12 1 602.12 01 0000000000000000 N ...-NNNNNN-6-6+-•-•�+-a 0 N 0 ,� 01 0 01 0 ,� 0 �. 0 01 01 0 00) 0 0) - (� -I V O N O) N W A V O Cfl -. A O CJ- N V CO A -' N co CO 01 A O V W-. 5 CO -. N Z m V A000 + A A O 2 NO 0 07 ON AA N _ — O0.1 WV f00 SiOW tAO COO AO N O 0 N VN 01 in -n v00000-+Ot,00.400O000OO-.NOOAOOOOO t0 V O N J � O 00�00 j0�00�00�000�-•03ItOA—ON0000o0 T -. O O A O O A A O O o co O D O O O) -. N -+ O O O W Or, 0 0 0 t O 3 = A00 W�ON0000-+NON000NO-.AOVAO-.000-.0 1 CO 6.1 Al O -+ A N O 0A) O A N O N W 60L 1 N A -+ CO - al L 367 A —. O 01 181 ... r _. �N COO O O -+ CO CO -. ONC/I O W COA W CO 0 0 01 W 0 18 C= = 0 �tCi1 y m O CO V 0 A 1 283 CO N --. e W N �). CON 792 COO PO --. V 1 7741 T V N —• CO V W 15 V N 0o .NI A 1.3 0D -+ N+ - N 3,0341 N ?� � III 379 N_ 0 0 _ -+ V — 50 - p 0 0 0 0 o N 0 g 0 0 j 15 0 o�000000 NOCOO 0 0 0 0 0 0 0 0 0 0 N 0 0 C0 0 0 0 0 0 V, 0 09 N Ni -o0W00-.ON CM 803 -`N12Or.0000OOCO09T AOv-'A000000 CA � W 122 00tI03 1A000 269 1 0M000 80 1 009= � V 0 0 m A 0 W 0 0 0 N-. 0 N 0 0 0 W 0 0 0 0 V 0 0 V 0 0 0 0 0 O O 1 W J 0 0 0 0 W J 0 0 0 0 0 • 43. 5 0 0 • 3 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 94 9 N CA O A CO0 A -. W, 0 O ... 0 O -• Co N -.N O A CO A CO 0)- � A N .1 A OoOO O W �.+N CO m O V N 0 V Cfl V W C.) 0 Al C71C1 0 - W W A O O -6 Cfl W -a N N W 0 V N C2) A V —6 1 0 A C71 0 0 N _ 0 0 -. -• ID W 0 0 0 v -1 O� N 01 0 O V JJ CO 01 6 3 O A O -. JJOca V 0 AA A O O N N_ CD O0 CDN CD AO O O OVWVN0N O-+ S. T p 0 0 0 0 0 0 0 f0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O 0 W 0 n N 0 0 0 0 0 0 1' 0 W 0 A 0 0 0 0 0 0 N 0-. A 0-. 0 0 0 0 0 0 0 n T N0I3— 00-•—N OWO8OONO-.00OOWoCOo00-On= 3Sf1 ONV1 0NVIUIV3d PEARLAND LAND USE TOTAL AC ' 245 030) N 01 iv) 2221 N ID N M t0 {� t0 — M d a) to CO tb 0) c0 N CD.- to .t N CO M 01 tO 01 d 01 In CI 10 ' .- .- 0 O n 0 to CO 5881 t0 10 I 5451 O 'ID" I 2871 ID M ^ .- 01 cl (O ID N M r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N CO 0 0 0 0 0 0 0 0 RR I VACANT O 220 tD N 10 2081 .- ..-- O I 1231 O 4671 CO .- O 1 4361 N ID NN (0 N M 01 n O I 4451 0 853 h .- CNN M N M �0 I 461 M O N f 0 I 3081 d tO l0 to d‘-M 0) O 10 (O 108'1 tO 01 06_ I 1 44 d CO to 8,543 to Tt 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 t0 V u O N ro t0 0 0 0 0 0 0.- N ro 0 N;1; (O O O O (Nino •t O._ ow O O d ao ; �+ d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 0 0 0 0 0 02 0 10 Vct 461D N or) n O O O O O O O M N O O O 0 0 O O O O O O N O O N O O O M EDUCATION 0 0 0 0 0 0 to co 0 0¢ 0 0 17 J 0 0 0 0 0 O O N O N 0 0 0 0 0 0 C0 AIRPORT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 INDUST ONI 441 0,00NOtnd0 03 M N 01•-NO 401 •-0coN0cod M I 48i ONOO)Dco .- N d 1 4701 I COMM 0) n.-(D.-NN 4M .-M.N .- NMM dM Odpoi tONdMO._N ONMDtDNd0cDd•- I 485 APPENDIX B STATE SENATE BILL 336. Walsh Engineering, Inc. Art. 1269j-4.11. Impact fees for capital improvements or facility expansions Definitions Sec. 1. In this Act: (1) "Capital improvements plan" means a plan required by this Act which identifies capital improvements or facility expansions pursuant to which impact fees may be assessed. (2) "Capital improvement" means water supply, treatment, and distribution facilities; wastewater collection and -treatment facilities; storm water, drainage, and flood control facilities; whether or not located within the service area, or roadway facilities, with a life expectancy of three or more years, owned and operated by or on behalf of a political subdivision. (3) "Facility expansion" means 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 (4XA) "Impact fee" means a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costa of capital improvements or facility expansions necessitated by and attributable to such new development As used in this Act, the term "impact fee" includes amortized charges as well as lump -sun charges and includes capital recovery fees, contributions in aid of construction, and any other fee which functions as described in this definition. (B) Impact fees do not include (i) dedication of land for public parks or payment in lieu thereof to serve park needs; (6) dedication of rights -of -way or easements, or construction or dedication of on -site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs when such dedications and construction are required by valid ordinances and are necessitated by and attributable to the new development; or (iii) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; provided, however, no item which is included in the capital improvements plan shall be required to be constructed, except pursuant to Subdivision (2) of Subsection (h) of Section 2 of this Act, and no owner shall be required to construct or dedicate facilities. and pay impact fees for the same facilities. (5) "Land use assumptions" includes a description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period. 57 Art. 1269j-4.11 CITIES, TOWNS AND VILLAGES Title t8 (6) "New development" means the subdivision of land; or the construction, reconstruc- tion, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the uae of land; any of which increases the number of service units. (7) "Political subdivision" means a city or town, whether operating under general law or under special or home -rule charter, a district or authority created under Article III, Section 52 or Article XVI, Section 59 of the Texas Constitution, or, for the purposes set forth in Section 10 of this Act, certain counties described in Section 10. (8) "Roadway facilities" means arterial or collector streets or roads which have been designated on an officially adopted roadway plan of the political subdivision, together with all necessary appurtenances, but does not include any roadways or .associated improvements designated on the federal or Texas highway system. (9) "Service area" means the area within the corporate boundaries, or extraterritorial jurisdiction as defined by the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes) i of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities. The service area, for the purposes of this Act, may include all or part of the land within the political subdivision or its extraterritorial jurisdiction, except for roadway facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed a distance equal to the average trip length from the new development, but in no event more than three miles, which service area shall be served by the roadway facilities designated in the capital improve- ment plan. (10) "Service unit" means a 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. 1 Repealed; see, now, V.T.C.A. lad Government Code, f 43.001. Authorization of Impact Fee Sec. 2. (a) Unleas otherwise specifically authorized by state law or this Act, no governmental entity or political subdivision shall enact or impose an impact fee. Political subdivisions are authorized to enact or impose impact fees on land within their corporate boundaries .or extraterritorial jurisdictions only. by complying with this Act, except impact fees shall not be enacted or imposed in the extraterritorial jurisdiction for roadway facilities. A municipality may contract to provide capital improvements, except for roadway facilities, to an area outside of its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee pursuant to the contract, but if an impact fee is charged therein, the municipality must comply with this Act. • (b) An impact fee may be imposed only to pay the coats. of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisitions costa (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 improvementa plan who is not an employee of the political subdivision. Notwithstanding any other provision of this Act, the Edwards Underground Water District or a river authority, which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act, may use impact fees to pay a staff engineer who prepares or updates a capital improvements plan under this Act. Projected interest charges and other finance costa may be included in determin- ing the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision to finance the capital improvements or facility expansions identified in, the capital improvements plan and are not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan. (c) Impact fees shall not be adopted or used to pay for any of the following: (1) construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; 68 CITIES, TOWNS AND VILLAGES Art. 1269j-4.11 Title 28 (2) repair, operation, or maintenance of existing or new capital improvements or facility expansions; (3) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (4) upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (5) administrative and operating costa of the political subdivision, except the Edwards Underground Water District or a river authority, which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act, may expend impact fees to pay its administrative and operating costs; (6) principal payments and interest or other finance charges on bonds or other indebted- ness, except as allowed by Subsection (b) of this section. (dX1) The political subdivision shall use qualified professionals to prepare the capital improvements plan and to calculate the impact fee. The capital improvements plan shall contain specific enumeration of the following items: (A) a description of the existing capital improvements within the service area and the coats to upgrade, update, improve, expand, or replace such improvements to meet existing needa and usage and stricter safety, efficiency, environmental, or regulatory standards, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (B) an analysis of the total capacity, the level of current usage, and commitments for usage of capacity of the existing capital improvements, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (C) a description of all or the portions of the capital improvements or facility expan- sions and their costa necessitated by and attributable to new development in the service area based on the approved land use assumptions, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (D) a definitive table establishing the specific level or quantity of use, consumption, generation, or discharge of a service unit for each category of capital improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including but not limited to residential, commercial, and industrial; (E) the total number of projected service units necessitated by and attributable to new development within the service area based op the approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria; (F) the projected demand for capital improvements or facility expansions required by new service units projected over a reasonable period of time, not to exceed 10 years. (2) The impact fee per service unit shall not exceed the amount determined by dividing the costs of the capital improvements described in Paragraph (C) of this subsection by the total number of projected service units described in Paragraph (E) of this subsection. If the number of new service units projected over a reasonable period of time is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costa of the portion of the capital improvements necessitated by and attributable to projected new service units described in Paragraph (F) of this subsection by the projected new service units described in that paragraph. The analysis required by Paragraph (C) of this subsection may be prepared on a system -wide basis within the service area for each major category of capital improvement or facility expansion for the designated service area. (ex1) This subdivision applies only to impact fees adopted and land platted prior to the effective date of this Act. For land which has been platted in accordance with Chapter 231, Acta of the 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas Civil Statutes),I or the subdivision or platting procedures of a political subdivision prior to the effective date of this Act, or land on which new development occurs or is proposed 59 Art. 1269j-4.11 CITIES, TOWNS AND VILLAGES Title 28 without platting, the political subdivision may assess the impact fees at any time during the development approval and building process and, except as provided in Subsection (h) of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (2) This subdivision applies to impact fees adopted prior to the effective date of this Act and land platted subsequent to the effective date of this Act. For new development .which is platted in accordance with Chapter 231, Acts of the 40th Legislature, Regular Seasion, 1927 (Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision after the effective date of this Act, the political subdivision may assess the impact fees before or at the time of recordation and, except as provided in Subsection (h) of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (3) This subdivision applies only to impact fees adopted subsequent to the effective date of this Act. For new development which is platted in accordance with Chapter 231, Acts of the 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision prior to the adoption of an impact fee, no impact fee shall be collected on any service unit for which a valid building permit is issued within one year subsequent to the date of adoption of the impact fee. (4) This subdivision applies to land which is platted in accordance with Chapter 231, Acta of the 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision subsequent to adoption of an impact fee which is adopted after the effective date of this Act. The political subdivision shall assess the impact fees before or at the time of recordation of a subdivision plat or other plat pursuant to Chapter 231, Acta of the 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting ordinance or procedures of any political subdivision in the official records of the county clerk of the county in which the tract is located and, except as provided in Subaection (h) of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (6) For land on which new development occurs or is proposed to occur without platting, 'the political subdivision may assess the impact fee at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (6) Assessment means a determination of the amount of .the impact fee in effect on the date or occurrence provided in this subdivision and is the maximum amount which can be charged per service unit of such development. No specific act by the political subdivision is required. (f) After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, no additional impact fees or increases thereof shall be assessed against such tract for any reason, unless the number of service units to be developed on such tract increases. In the event of the increase in the number of service units, the impact fees to be imposed shall be limited to the amount attributable to the additional service units. (g) A political subdivision is authorized to enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees. (h) Except for roadway facilities, impact fees may be assessed, but shall not be collected, in areas where services are not currently available unless: 60 CITIES, TOWNS AND VILLAGES Art. 1269j-4.11 Title 2b (1) collection is made to pay for a capital improvement or facility expansion which has been identified in the capital improvements plan and the political subdivision commits to, within two years, commence construction, pursuant to duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years; (2) the political subdivision agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and agrees that the costa incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such coats from impact fees paid from other new developments which will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or (3) an owner voluntarily requests the political subdivision to reserve capacity to serve future development, and the political subdivision and owner enter into a valid written agreement. (i) Any new development for which an impact fee has been paid shall be entitled to the permanent use and benefit of the services for which the fee was exacted and shall be entitled to receive immediate service from any existing facilities with actual capacity to serve the new service units, subject to compliance with other valid regulations. (j) Political subdiviaiona are authorized to expend funds from any other lawful source to pay for all or a portion of the.capital improvements or facility expansions to reduce the amount of impact fees. . (k) Political subdivisions and other governmental entities are authorized to pay impact fees imposed pursuant to this Act. (1) Any construction of, contributions to, or dedications of off -site roadway facilities agreed to or required by a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from such develop- ment. 1 Repealed; see, now, V.T.C.A. Local Government Code, 212.001 et seq. Procedures for Adoption of Impact Fee Sec. 3. (a) Except as otherwise provided in this Act, an impact fee as authorized by Section 2 of this Act shall be levied by a political subdivision only upon complying with the provisions set forth in this section. (b) A political subdivision intending to impose an impact fee shall adopt an order, ordinance, or resolution establishing a public hearing date to consider land use assump- tions within the designated service area that will be used to develop the capital improve- ments plan. (c) Not later than the day of adoption of such order, the governing body of the political subdivision shall appoint an advisory committee in accordance with Section 7 of this Act. (d) On or before the date of the first publication of the notice, the political subdivision shall make available to the public its land use assumptions, the time period of the projections, and a description of the general nature of the capital improvement facilities which may be proposed. (e) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing, the political subdivision shall send a notice of the hearing by certified nail to any person who has given written notice by certified or registered mail to the city secretary or other designated official of the political subdivision requesting notice of such hearing within two years preceding the date of adoption of the resolution or order setting the public hearing. (2) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks, the first notice to appear at least 30, but not more than 60 days before the date set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However, a river authority which is authorized elsewhere by state law to charge fees which function as impact fees as defined 61 Art. 1269j-4.11 CITIES, TOWNS AND VILLAGES Title IS in this Act may publish the required newspaper notice only in each county in which the service area lies. The notice of public hearing 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. (3) The notice shall contain the following: (A) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES" (B) the time, date, and location of the hearing; • (C) a statement that the purpose of the hearing is to consider the land use assumptions that will be used to develop a capital improvements plan pursuant to which an impact fee may be imposed; (D) an easily understandable map of the service area to which the land use aaaumptiona apply; and . (E) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions. (f) After the public hearing, the political subdivision shall determine whether to adopt or reject an ordinance, order, or resolution approving the land use assumptions. (g) The political subdivision shall have 30 days from the date of the public hearing within which to approve or disapprove such land use assumptions. (h) An ordinance, order, or resolution approving land use assumptions shall not be adopted as an emergency measure. (i) If the governing body adopts an ordinance, order, or resolution approving the land use assumptions, the political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and plan- ning practices in accordance with Subsection (d) of Section 2 of this Act. (1) Upon completion of the capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the adoption of the plan and imposition of the impact fee. (k) A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution adopting a capital improvements plan and imposing an impact fee. On or before the date of the first publication of the notice, the capital improvements plan shall be available to the public. (1) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing, the political subdivision 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 political subdivision requesting notice of such hearing within two years preceding the date of adoption of the resolution or order setting the public hearing. (2) The political subdiviaion shall publish notice of the hearing once a week for three consecutive weeks, the first notice to appear at least 30, but not more than 60 days before the date set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However, a river authority which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act may publish the required newspaper notice only in each county in which the service area lies. The notice of public hearing 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. (3) The notice shall contain the following: (A) a headline to read as follows: 62 CITIES, , TOWNS AND VILLAGES Art. 1269j-4.11 TIUe f8 "NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES" (B) the time, date, and location of the hearing; (C) a statement that the purpose of the hearing is to consider the adoption of an impact fee; (D) an easily understandable map of the service area on which the proposed fee will be levied; (E) the amount of the proposed impact fee per service unit; and (F) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee. (m) The advisory committee shall file its written comments on the proposed capital improvements plan and impact fees not leas than five business days prior to the public hearing. (n) The political subdivision shall approve or disapprove the adoption of the capital improvements plan and imposition of an impact fee within 30 days after the public hearing. (o) An ordinance, order, or resolution approving the capital improvements plan and imposition of an impact fee shall not be adopted as an emergency measure. Use ut Proceeds Sec. 4. (a) The order, ordinance, or resolution levying an impact fee shall provide that all funds collected through the adoption of an impact fee shall be depoaited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. Interest earned on impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on use of impact fees under the provisions of this Act. Expenditures of impact fee funds shall be made only for the purposes for which the impact fee was imposed as shown by the capital irnprovements plan and as authorized by this Act. The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. (b) The governing body shall be responsible for supervising implementation of the capital improvements plan in a timely manner. Refunds Sec. 6. (a) Upon the request of an owner of the property on which an impact fee has been paid, the political subdivision shall refund the impact fees if existing facilities are available and service is denied or' the political subdivision has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment pursuant to the provisions of Subdivision (1) of Subsection (h) of Section 2 of this Act. (b) Upon completion of the capital improvements or facility expansions identified in the capital improvements plan, the political subdivision shall recalculate the impact fee using the actual coats of the capital improvements or facility expansion. If the impact fee calculated based on actual cost is less than the impact fee paid, the political subdivision shall refund the difference if the difference exceeds the impact fee paid by more than 10 percent. (c) The political subdivision shall refund any impact fee or portion thereof which is not expended as authorized by this Act within 10 years from date of payment. (d) Any refund shall bear 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 Statutea (Article 6069-1.03, Vernon's Texas Civil Statutes), or its successor statute. (e) All refunds shall be made to the record owner of the property at the time the refund is paid; provided, however, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to such political subdivision or governments) entity. 63 Art. 1269j-4.11 CITIES, TOWNS AND VILLAGES Title IS (f) The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity which paid the impact fee shall have standing to sue for a refund under the provisions of this section. Ptan Update See. 6. (a) A political subdivision imposing an impact fee shall update the land use assumptions and capital improvements plan at least every three years, which three-year period shall commence from the date of the adoption of the capital improvements plan. (b) The political subdivision shall review and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance with Section 2 of this Act. (c) The governing body of the political subdivision shall, within 60 days of receiving the update of the land use assumptions and the capital improvements plan, adopt an order getting a public hearing to discuss and to review the update and shall determine whether to amend the plan. (d) A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee. On or before the date of the first publication of the notice, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be available to the public. (e) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing, the political subdivision 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 political subdivision requesting notice of such hearing within two years preceding the data of adoption of the resolution or order setting the public hearing. (2) The political subdivisicn shall publish notice of the hearing once a week for three consecutive weeks, the first notice to appear at least 30, but not more than 60 days before the data set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However, a river authority which is authorized elsewhere by state law to cheige fees which function u impact fees as defined in this Act may publish the required newspaper notice only in each county in which the service area lies. The notice of public hearing• 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 1&-point Dr larger type. (3) The notice shall contain the following: (A) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES" (B) the time, date, and location of the hearing; (C) a statement that the purpose of the hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee; (D) an easily understandable description and map of the service area on which the update is being prepared; and (E) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update. (f) The advisory committee shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee not leas than five buaineaa days prior to the public hearing. (g) The political subdivision shall approve or disapprove the amendment of the land use assumptions and the capital improvements plan and modification of an impact fee within 30 days after the public hearing. 64 CITIES, TOWNS AND VILLAGES Art. 1269j-4.11 Title 28 (h) An ordinance, order, or resolution approving the amendment to the land use assumptions, the capital improvements plan. and imposition of an impact fee shall not be adopted as an emergency measure. Advisory Committee Sec. 7. (a) A .capital improvements advisory committee, composed of not lean than five members, shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisory committee shall be representatives of the real estate. development, or building industries who are not employees or officials of a political subdivision or governmental entity. If the political subdivision has a planning and zoning commission, the commission may act as the advisory committee, provided that the commission includes at least one representative of the real estate, development, or building industry who is not an employee or official of a political subdivision or governmental'entity. If no such representative is a member of the planning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. If the impact fee is to be applied within the extraterritorial jurisdiction of the political subdivision, said membership shall include a representative from such area. (b) The advisory committee shall serve in an advisory capacity and is established to perform the following functions: (1) to advise and assist the political subdivision in adopting land use assumptions; (2) to review the capital improvements plan and file written comments; (3) to monitor and evaluate implementation of the capital improvements plan; (4) to file semiannual reports with respect to the progress of the capital improvements plan and to report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (6) to advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. (c) The political subdivision shall make available to the advisory committee any profes- sional reports with respect to developing and implementing the capital improvements plan. (d) The governing body of the political subdivision shall adopt procedural rules for the committee to follow in carrying out its duties. Genera! Provisions Sec. 8. (a) If the governing body of the political subdivision does not perform a duty imposed under this Act within the prescribed time period, a person who has paid an impact fee or an owner of land upon which an impact fee has been paid shall have the right to present a written request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed within 60 days of the request. If the governing body of the political subdivision finds that the duty is required under this Act and is late in being performed, it shall cause the duty to commence within 60 days of the request and continue until completion. (b) A record must be made of any public hearing provided for in this Act. Such record shall be maintained and be made available for public inspection by the political subdivision for pt least 10 years after the hearing. (c) Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision where an impact fee is proposed will be cumulative with the restrictions in this Act. (d) An impact fee which is in place on the effective date of this Act must, within three yearn of said effective date, be replaced by an impact fee made pursuant to this Act; provided, however, any political subdivision having an impact fee which has not been replaced pursuant to this Act within one year of the effective date of this Act shall be liable to any party who, after the one-year period, pays an impact fee which exceeds the maximum permitted under Subaection (d) of Section 2 of this Act by more than 10 percent for an amount equal to twotimes the difference between the maximum impact fee 65 Art. 1269j-4.11 CITIES, TOWNS AND VILLAGES Title ss allowed and the actual impact fee imposed, plus reasonable attorney's fees and court costs. (e) This Act shall not be construed to prohibit, affect, or regulate any tax, fee, charge, or assessment which is specifically authorized by state law. (f) No moratorium shall be placed on new development for the purpose of 'awaiting the completion of all or any part of the process necessary to develop, adopt, or update the impact fee. Appeals Sec. 9. A person who has exhausted sll administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this Act. A suit to contest an impact fee must be filed within 90 days from the date of adoption of the ordinance, order, or resolution establishing the impact fee. Except for roadway facilities, a person who haq paid an impact fee or an owner of property on which an impact fee has been paid shall be entitled to specific performance of the services by the political subdivision for which the fee was paid. Nothing in this section shall require construction of a specific facility to provide such services. Any suit must be filed in the county in which the major portion of the land area of the political subdivision is located. A successful litigant shall be entitled to recover reasonable attorney's fees and court costs. An impact fee shall not be held invalid because the public notice requirements were not complied with if compliance was substantial and in good faith. Storm Water, Drainage, and Flood Control Sec. 10. (a) Any county with a population of at least 2.2 million, according to the most recent federal census, oz which borders a county with a population of at least 22 million, and any district or authority created under Article XVI, Section 59, of the Texas Constitution within any such county that is authorized to provide storm water, drainage, and flood control facilities, is authorized to impose impact fees to provide storm water, drainage, and flood control improvements necessary to accommodate new development. (b) The imposition of impact fees authorized by Subsection (a) of this section is exempt from the requirements of Section b, Section 6, and Subsection (d) of Section 8 of this Act, unless the political subdivision proposes to increase the impact fee. (c) Any political subdivision described in Subsection (a) of this section is authorized to pledge or otherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued or incurred by or on behalf of such political subdivision and to the payment of any other contractual obli- gations. (d) An impact fee adopted by a political subdivision pursuant to Subsection (a) of this pection shall not be reduced if (1) the political subdivision has pledged or otherwise contractually obligated all. or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of such political subdivision and (2) the political subdivision agrees in such pledge or contract not to reduce such impact fees during the term of such bonds, notes, or other contractual obligations. Exempt Transactions Sec. 11. (a) This' Act does not apply to impact fees, charges, fees, assessments, or contributions paid by or charged to a district created under Article XVI, Section 59, of the Texas Constitution to another district created under Article XVI, Section 59, of the Texas Constitution if both districts are required by law to obtain approval of their bonds by the Texas Water Commission. (b) This Act does not apply to impact fees, charges, fees, assessments, or contributions charged which are approved by the Texas Water Commission. Any district created pursuant to Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution, may petition the Texas Water Commission for approval of any such proposed fees. The commission shall adopt rules for reviewing any such petition and may charge the petitioner fees which are adequate to Dover the coat of processing and considering the petition. The rules shall require notice substantially the same as that required herein for 66 CITIES, TOWNS AND VILLAGES Art. 1269j-4.15 Title 28 the adoption of impact fees and shall afford opportunity for all affected parties to participate. Acts 1987, 70th Leg., ch. 957, 14 1 to 11, art. June 20, 1987. Title of Act An Act relating to financing of capital im- provements by political subdivisions. Act` 1987, 70th Leg., ch. 957. APPENDIX C WATER FACILITIES' CAPACITY CRITERIA Walsh Engineering, Inc. TEXAS DEPARTMENT OF HEALTH PUBLIC WATER SYSTEM REGULATIONS Water Distribution Pressure Water Storage Wells Capacity Distribution system shall provide a minimum of 20 psi under peak conditions and a minimum of 35 psi during normal operating conditions (1.5 gpm per connection). 200 gallons of total storage capacity per connection of which 100 gallon/connection must be from elevated tanks. Capacity Two or more wells provide at least 0.6 gpm per connection. Booster Each station shall have two or more pumps Pumps having a total capacity of 2 gpm per connection OR a total capacity of 1000 gpm per station with the largest pump out of services whichever is less and still meets peak demands. Auxiliary Power Provide 0.35 gpm per connection in case of power outages. APPENDIX C - 1/6 CALCULATION OF EXISTING AND FUTURE DEMAND VERSUS EXISTING CAPACITY 1. Current Conditions: Population = 32,090 persons Service Units = 11.519 units Well Capacity: 11,519 connections x 0.6 gpm/connection 6,912 gpm required 6,878 gpm currently available (6,670 from wells and 208 gpm equivalent flow from surface water) 34 gpm needed to meet current demand Booster Pumps: Criteria 1: 11,519 connections x 2 gpm/conn. = 23,038 gpm required 15,245 gpm available Criteria 2: Additional booster pumps required at Mary's Creek station, Green Tee station, McLean station, and Old City Hall station to provide a total of 2 pumps with a 1,000 gpm minimum capacity with the largest pump out of service. Auxiliary Power: 11,519 connections x 0.35 gpm/conn. = 4,032 gpm required 4,800 gpm available APPENDIX C - 2/6 Storage Capacity: Total Ground and Elevated Storage 11,519 connections x 200 gal/connection = 2,303,800 gal total required 4,140,000 gal total available Elevated Storage 11,519 connections x 100 gal/conn. = 1,151,900 gal total required 1,500,000 gal available Distribution Pressure: Capacity, as defined by maintaining minimum pressures during normal and peak conditions, cannot be determined without a detailed system analysis which is beyond the scope of this study. 2. Year 2006 Conditions: Population = 49,210 persons Service Units = 17,357 units Well Capacity: 17,357 connections x 0.6 gpm/connection = 10,414 gpm required 6.878 gpm currently available 3,536 gpm needed to meet future demand Need three (3) minimum 1200 gpm wells. One well needed to meet 1997 demand, the second and third wells needed between years 1999 and 2006. APPENDIX C - 3/6 Booster Pumps: Criteria 1: 17,357 connections x 2 gpm/conn. = 34,714 gpm required Criteria 2: 2 booster pumps required with a total minimum capacity of 1,000 gpm per station with largest pump out. Therefore, need four (4) - 500-600 gpm pumps to upgrade four existing water plants. Install three minimum 1,200 gpm pumps at new water plants. Auxiliary Power: 17,357 connections x 0.35 gpm/conn. = 6,075 gpm required 4,800 gpm available 1,275 gpm needed Provide auxiliary power with new wells. Storage Capacity: Total Ground and Elevated Storage 21,777 connections x 200 gal/connection = 4,355,400 gal total required 4,140,000 gal total available Elevated Storage 17,357 connections x 100 gal/conn. 1,735,700 gal total required 1,500,000 gal available 235,700 gal needed APPENDIX C - 4/6 Need one minimum 250,000 gallon elevated storage tank when total connections reach 15,000, approximately year 2001. A 500,000 gallon elevated storage tank is recommended to have more surplus capacity and take advantage of economy of scale. 3. Year 2016 Conditions: Population = 62,010 persons Service Units = 21.777 units Well Capacity: 21,777 connections x 0.6 gpm/connection = 13,066 gpm required 6,878 gpm currently available 6,188 gpm needed to meet future demand Need five (5) minimum 1,200-1,300 gpm wells. Booster Pumps: Criteria 1: 21,777 connections x 2 gpm/conn. = 43,554 gpm required Criteria 2: Two (2) pumps required with a total minimum capacity of 1,000 gpm per station with largest pump out. Therefore, need minimum four (4) - 500- 600 gpm pumps to upgrade four existing water plants. Install three (3) minimum 1,200 gpm pumps at new water plants. APPENDIX C - 5/6 Auxiliary Power: 21,777 connections x 0.35 gpm/conn. = 7,622 gpm required 4.800 gpm available 2,822 gpm needed Provide auxiliary power with new wells. Storage Capacity: Total Ground and Elevated Storage 21,777 connections x 200 gal/connection = 4,355,400 gal total required 4,140,000 gal total available 215,400 gal needed Need additional 215,400 gallon storage. Elevated Storage 21,777 connections x 100 gal/conn. 2,177,700 gal total required 1,500,000 gal total available 677,700 gal needed Need three either three (3) minimum 250,000 gallon elevated storage tanks, or two (2) 500,000 gallon elevated storage tanks. The larger tank is recommended to provide additional surplus capacity and take advantage of economy of scale. APPENDIX C - 6/6 APPENDIX D 10-YEAR AND 20-YEAR CAPITAL IMPROVEMENT PLAN COST ESTIMATES Walsh Engineering, Inc. WATER PROJECT NO. 1 WATER LINE CAPITAL IMPROVEMENTS YOST BOULEVARD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. QUANTITY AMOUNT 1 8" C-900 WATER LINE LF $15.00 400.00 $6,000.00 2 8" G.V. W/BOX EA $500.00 1.00 $500.00 3 DUCTILE IRON FITTINGS TN $2,000.00 1.00 $2,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 1/28 $8,500.00 $850.00 $9,350.00 $1,550.00 $10,900.00 WATER PROJECT NO. 2 WATER LINE CAPITAL IMPROVEMENTS DIXIE FARM ROAD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION UNIT UNIT COST QUANTITY :'AMOUNT 1 16" C-900 WATER LINE LF $40.00 2,900.00 $116,000.00 2 FIRE HYDRANT EA $1,100.00 6.00 $6,600.00 3 16" G.V. W/BOX EA $3,000.00 2.00 $6,000.00 4 DUCTILE IRON FITTINGS TN $2,000.00 3.00 $6,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 2/28 $134,600.00 $13,460.00 $148,060.00 $22,940.00 $171,000.00 WATER PROJECT NO. 3 WATER LINE CAPITAL IMPROVEMENTS GOLFCREST STREET PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 12" C-900 WATER LINE LF $30.00 500.00 $15,000.00 2 FIRE HYDRANT EA $1,100.00 1.00 $1,100.00 3 12" G.V. W/BOX EA $900.00 1.00 $900.00 4 DUCTILE IRON FITTINGS TN $2,000.00 1.00 $2,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 3/28 $19,000.00 $1,900.00 $20,900.00 $3,600.00 $24,500.00 WATER PROJECT NO. 4 WATER LINE CAPITAL IMPROVEMENTS HIGH SCHOOL PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION UNIT :': UNIT COST QUANTITY AMOUNT 1 12" C-900 WATER LINE LF $30.00 6,800.00 $204,000.00 2 FIRE HYDRANT EA $1,100.00 14.00 $15,400.00 3 12" G.V. W/BOX EA $900.00 5.00 $4,500.00 3 8" G.V. W/BOX EA $500.00 2.00 $1,000.00 4 DUCTILE IRON FITTINGS TN $2,000.00 5.00 $10,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 4/28 $234,900.00 $23,490.00 $258,390.00 $37,410.00 $295,800.00 WATER PROJECT NO. 5 WATER LINE CAPITAL IMPROVEMENTS GARDEN ROAD: BUTLER TO FM 518 PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM .. UNIT NO. ITEM. DESCRIPTION UNIT COST QUANTITY AMOUNT 1 12" C-900 WATER LINE LF $30.00 5,000.00 $150,000.00 2 FIRE HYDRANT EA $1,100.00 10.00 $11,000.00 3 12" G.V. W/BOX EA $900.00 3.00 $2,700.00 4 DUCTILE IRON FITTINGS TN $2,000.00 5.00 $10,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 5/28 $173,700.00 $17,370.00 $191,070.00 $29,930.00 $221,000.00 WATER PROJECT NO. 6 WATER LINE CAPITAL IMPROVEMENTS O'DAY ROAD TO HATFIELD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. 1 2 3 4 12" C-900 WATER LINE FIRE HYDRANT 12" G.V. W/BOX DUCTILE IRON FITTINGS UNIT LF EA EA TN UNIT COST $30.00 $1,100.00 $900.00 $2,000.00 QUANTITY. 2,200.00 3.00 3.00 1.00 $66,000.00 $3,300.00 $2,700.00 $2,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 6/28 $74,000.00 $7,400.00 $81,400.00 $11,600.00 $93,000.00 WATER PROJECT NO. 7 WATER LINE CAPITAL IMPROVEMENTS GARDEN ROAD: WATER PLANT TO NORTH PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. '. ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 12" C-900 WATER LINE LF $30.00 4,000.00 $120,000.00 2 FIRE HYDRANT EA $1,100.00 8.00 $8,800.00 3 12" G.V. W/BOX EA $900.00 2.00 $1,800.00 4 DUCTILE IRON FITTINGS TN $2,000.00 4.50 $9,000.00, SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 7/28 $139,600.00 $13,960.00 $153,560.00 $24,740.00 $178,300.00 WATER PROJECT NO. 8 WATER LINE CAPITAL IMPROVEMENTS ALICE ROAD TO OLD ALVIN ROAD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION UNIT.. UNIT COST QUANTITY AMOUNT 1 12" C-900 WATER LINE LF $30.00 1,700.00 $51,000.00 2 12" G.V. W/BOX EA $900.00 3.00 $2,700.00 3 DUCTILE IRON FITTINGS TN $2,000.00 2.00 $4,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 8/28 $57,700.00 $5,770.00 $63,470.00 $8,530.00 $72,000.00 WATER PROJECT NO. 9 WATER LINE CAPITAL IMPROVEMENTS FM 518: O'DAY TO FM 1128 PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. - ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 16" C-900 WATER LINE LF $40.00 5,300.00 $212,000.001 2 FIRE HYDRANT EA $1,100.00 11.00 $12,100.00 3 16" G.V. W/BOX EA $3,000.00 3.00 $9,000.00 4 DUCTILE IRON FITTINGS TN $2,000.00 6.00 $12,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 9/28 $245,100.00 $24,510.00 $269,610.00 $38,390.00 $308,000.00 WATER PROJECT NO. 10 WATER LINE CAPITAL IMPROVEMENTS STATE HIGHWAY 35: MAGNOLIA TO DIXIE FARM ROAD PRELIMINARY CONSTRUCTION COST ESTIMATE 16" C-900 WATER LINE FIRE HYDRANT 16" G.V. W/BOX DUCTILE IRON FITTINGS SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 10/28 $40.00 $1,100.00 $3,000.00 $2,000.00 2,700.00 6.00 3.00 3.00 $108,000.00 $6,600.00 $9,000.00 $6,000.00 $129,600.00 $12,960.00 $142,560.00 $21,440.00 $164,000.00 WATER PROJECT NO. 11 WATER SUPPLY CAPITAL IMPROVEMENTS ELEVATED STORAGE AT GARDEN ROAD WATER PLANT PRELIMINARY CONSTRUCTION COST ESTIMATE ' ITEM UNIT NO. ITEM DESCRIPTION UNIT COST QUANTITY AMOUNT 1 2 3 500,000 ELEV. STORAGE FOUNDATION PIPING SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL LS LS LS APPENDIX D - 11/28 $500,000.00 $75,000.00 $15,000.00 1.00 1.00 1.00 $500,000.00 $75,000.00 $15,000.00 $590,000.00 $59,000.00 $649,000.00 $66,000.00 $715,000.00 WATER PROJECT NO. 12 WATER SUPPLY CAPITAL IMPROVEMENTS NEW WATER PLANT AT SWEC PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. 1 2 3 4 5 6 7 1,200 GPM WELL 428,000 GAL. GST BOOSTER PUMPS, ELECT., PIPING 16" C-900 WATER LINE FIRE HYDRANT 16" G.V. W/BOX DUCTILE IRON FITTINGS LS LS LS LF EA EA TN $365,000.00 $150,000.00 $400,000.00 $40.00 $1,100.00 $3,000.00 $2,000.00 1.00 1.00 1.00 2,500.00 5.00 2.00 4.00 $365,000.00 $150,000.00 $400,000.00 $100,000.00 $5,500.00 $6,000.00 $8,000.00 SUBTOTAL CONTINGENCIES.@ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 12/28 $1,034,500.00 $103,450.00 $1,137,950.00 $105,050.00 $1,243,000.00 WATER PROJECT NO. 13 WATER SUPPLY CAPITAL IMPROVEMENTS NEW WATER PLANT AT FM 518 & SILVER LAKE PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. : ` ITEM DESCRIPTION `` UNIT UNIT COST QUANTITY AMOUNT 1 1,200 GPM WELL LS $365,000.00 1.00 $365,000.00 2 428,000 GAL. GST LS $150,000.00 1.00 $150,000.00 3 500,000 GALLON EST LS $500,000.00 1.00 $500,000.00 4 EST FOUNDATION LS $.75,000.00 1.00 $75,000.00 5 BOOSTER PUMPS, ELECT., PIPING LS $415,000.00 1.00 $415,000.00 6 16" C-900 WATER LINE LF $40.00 12,000.00 $480,000.00 7 FIRE HYDRANT EA $1,100.00 24.00 $26,400.00 8 16" G.V. W/ BOX EA $3,000.00 6.00 $18,000.00 9 DUCTILE IRON FITTINGS TN $2,000.00 18.00 $36,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 13/28 $2,065,400.00 $206,540.00 $2,271,940.00 $193,060.00 $2,465,000.00 WATER PROJECT NO. 14 WATER LINE CAPITAL IMPROVEMENTS FM 518: WATER PLANT TO SH 288 PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. 1 2 3 4 5 16" C-900 WATER LINE 16" WL IN CASED BORE FIRE HYDRANT 16" G.V. W/ BOX DUCTILE IRON FITTINGS LF LF EA EA TN $40.00 $135.00 $1,100.00 $3,000.00 $2,000.00 7,000.00 500.00 15.00 4.00 10.00 $280,000.00 $67,500.00 $16,500.00 $12,000.00 $20,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 14/28 $396,000.00 $39,600.00 $435,600.00 $52,400.00 $488,000.00 WATER PROJECT NO. 15 WATER LINE CAPITAL IMPROVEMENTS STATE HIGHWAY 35: DIXIE FARM ROAD TO SOUTH PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. `' ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 12° C-900 WATER LINE LF $30.00 8,000.00 $240,000.00, 2 FIRE HYDRANT EA $1,100.00 16.00 $17,600.00 3 12" G.V. W/BOX EA $900.00 4.00 $3,600.00 4 DUCTILE IRON FITTINGS TN $2,000.00 10.00 $20,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 15/28 $281,200.00 $28,120.00 $309,320.00 $42,680.00 $352,000.00 WASTEWATER PROJECT NO. 1 SANITARY SEWER LINE CAPITAL IMPROVEMENTS CENTENNIAL BLVD./CLEAR CREEK PARKWAY PRELIMINARY CONSTRUCTION COST ESTIMATE TEM NO 1 2 3 4 5 6 7 LIFT STATION 24" SAN. SWR. 27" SAN. SWR. 30" SAN. SWR. MANHOLE 10" CASED BORE 10" FORCE MAIN LS LF LF LF EA LF LF $100,000.00 $55.00 $65.00 $70.00 $1,500.00 $85.00 $25.00 Q UAN.TITY: 2.00 1,800.00 4,400.00 4,600.00 30.00 100.00 300.00 $200,000.00 $99,000.00 $286,000.00 $322,000.00 $45,000.00 $8,500.00 $7,500.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 16/28 $968,000.00 $96,800.00 $1,064,800.00 $106,200.00 $1,171,000.00 WASTEWATER PROJECT NO. 2 SANITARY SEWER LINE CAPITAL IMPROVEMENTS JOHN LIZER AND OLD ALVIN ROAD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. 1 2 3 4 5 6 7 ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT LIFT STATION LS $100,000.00 3.00 $300,000.00 15" PVC SAN. SWR. LF $35.00 5,700.00 $199,500.00 18" PVC SAN. SWR. LF $45.00 2,000.00 $90,000.00 21" PVC SAN. SWR. LF $50.00 2,500.00 $125,000.00 MANHOLE EA $1,500.00 30.00 $45,000.00 10" FORCE MAIN LF $25.00 2,000.00 $50,000.00 12" CASED F.M. BORE LF $100.00 150.00 $15,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 17/28 $824,500.00 $82,450.00 $906,950.00 $93,050.00 $1,000,000.00 WASTEWATER PROJECT NO. 3 LIFT STATION CAPITAL IMPROVEMENTS SHADYCREST LIFT STATION MODIFICATIONS PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEMDESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 LIFT STATION MODIF./FORCE MAIN LS $120,000.00 1.00 $120,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 18/28 $120,000.00 $12,000.00 $132,000.00 $20,000.00 $152,000.00 WASTEWATER PROJECT NO. 4 SANITARY SEWER LINE CAPITAL IMPROVEMENTS DIXIE FARM ROAD PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION UNIT UNIT ':.COST QUANTITY AMOUNT 1 LIFT STATION LS $100,000.00 2.00 $200,000.00 2 18" PVC SAN. SWR. LF $45.00 6,100.00 $274,500.00 3 21" PVC SAN. SWR. LF $50.00 2,400.00 $120,000.00 4 24" SAN. SWR. LF $55.00 2,400.00 $132,000.00 5 27" SAN. SWR. LF $65.00 6,500.00 $422,500.00 6 MANHOLE EA $1,500.00 35.00 $52,500.00 7 10" CASED F.M. BORE LF $85.00 150.00 $12,750.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 19/28 $1,214,250.00 $121,425.00 $1,335,675.00 $124,325.00 $1,460,000.00 WASTEWATER PROJECT NO. 5 SANITARY SEWER LINE CAPITAL IMPROVEMENTS SCOTT STREET PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM: DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 LIFT STATION LS $100,000.00 1.00 $100,000.00 2 15" PVC SAN. SWR. LF $35.00 2,000.00 $70,000.00 3 18" PVC SAN. SWR. LF $45.00 2,100.00 $94,500.00 4 24" SAN. SWR. LF $55.00 2,100.00 $115,500.00 5 27" SAN. SWR. LF $65.00 1,800.00 $117,000.00 6 30" SAN. SWR. LF $70.00 1,800.00 $126,000.00 7 33" SAN. SWR. LF $75.00 3,600.00 $270,000.00 8 36" SAN. SWR. LF $85.00 9,400.00 $799,000.00 9 MANHOLE EA $1,500.00 46.00 $69,000.00 10 33" CASED BORE LF $185.00 150.00 $27,750.00 11 36" CASED BORE LF $210.00 150.00 $31,500.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 20/28 $1,820,250.00 $182,025.00 $2,002,275.00 $178,225.00 $2,180,500.00 WASTEWATER PROJECT NO. 6 SANITARY SEWER LINE CAPITAL IMPROVEMENTS MAGNOLIA TO SWEC PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION U UNIT _::. UNIT COST QUANTITY AMOUNT 1 LIFT STATION LS $100,000.00 2.00 $200,000.00 2 15" PVC SAN. SWR. LF $35.00 4,000.00 $140,000.00 3 18" PVC SAN. SWR. LF $45.00 10,900.00 $490,500.00 4 21° PVC SAN. SWR. LF $50.00 1,700.00 $85,000.00 5 24" SAN. SWR. LF $55.00 1,800.00 $99,000.00 6 27" SAN. SWR. LF $65.00 1,800.00 $117,000.00 7 30" SAN. SWR. LF $70.00 1,800.00 $126,000.00 8 MANHOLE EA $1,500.00 56.00 $84,000.00 9 12" FORCE MAIN LF $30.00 400.00 $12,000.00 10 12" CASED F.M. BORE LF $100.00 150.00 $15,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 21/28 $1,368,500.00 $136,850.00 $1,505,350.00 $146,150.00 $1,651,500.00 WASTEWATER PROJECT NO. 7 PLANT EXPANSION CAPITAL IMPROVEMENTS LONGWOOD WWTP PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ` ... ITEM`DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT 1 .75 MGD WWTP EXPANSION GAL $2.00 750,000.00 $1,500,000.00' SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 22/28 $1,500,000.00 $150,000.00 $1,650,000.00 $150,000.00 $1,800,000.00 WASTEWATER PROJECT NO. 8 PLANT EXPANSION CAPITAL IMPROVEMENTS BARRY ROSE WWTP PRELIMINARY CONSTRUCTION COST ESTIMATE .85 MGD WWTP EXPANSION SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 23/28 AMOUNT $765,000.00 $765,000.00 $76,500.00 $841,500.00 $158,500.00 $1,000,000.00 WASTEWATER PROJECT NO. 9 WWTP CAPITAL IMPROVEMENTS NEW WWTP AT SWEC PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEM DESCRIPTION :... UNIT.. :.UNIT COST QUANTITY AMOUNT 1 2.00 MGD NEW WWTP GAL $2.50 2,000,000.00 $5,000,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 24/28 $5,000,000.00 $500,000.00 $5,500,000.00 $400,000.00 $5,900,000.00 WASTEWATER PROJECT NO. 10 LIFT STATION CAPITAL IMPROVEMENTS WALNUT ST. LIFT STATION MODIF. & FORCE MAIN PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. 1 2 3 LIFT STATION MODIFICATIONS 12" FORCE MAIN 12" CASED F.M. BORE LS LF LF $200,000.00 $30.00 $100.00 QUANTITY 1.00 5,300.00 150.00 AMOUNT $200,000.00 $159,000.00 $15,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 25/28 $374,000.00 $37,400.00 $411,400.00 $48,600.00 $460,000.00 WASTEWATER PROJECT NO. 11 SANITARY SEWER LINE CAPITAL IMPROVEMENTS STATE HIGHWAY 35: DIXIE FARM ROAD TO SOUTH PRELIMINARY CONSTRUCTION COST ESTIMATE 1 2 3 4 5 6 LIFT STATION 12" PVC SAN. SWR. 15° PVC SAN. SWR. MANH OLE 10° FORCE MAIN 10" CASED F.M. BORE LS LF LF EA LF LF $100,000.00 $30.00 $35.00 $1,500.00 $25.00 $85.00 2.00 1,600.00 6,000.00 20.00 2,000.00 100.00 $200,000.00 $48,000.00 $210,000.00 $30,000.00 $50,000.00 $8,500.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 26/28 $546,500.00 $54,650.00 $601,150.00 $70,850.00 $672,000.00 WASTEWATER PROJECT NO. 12 SANITARY SEWER LINE CAPITAL IMPROVEMENTS FM 518: SH 288 TO NEW WWTP PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. ITEMDESCRIPTION '' UNIT UNIT COST .QUANTITY AMOUNT 1 LIFT STATION LS $100,000.00 3.00 $300,000.00 2 15" PVC SAN. SWR. LF $35.00 13,000.00 $455,000.00 3 18" PVC SAN. SWR. LF $45.00 12,000.00 $540,000.00 4 24" SAN. SWR. LF $55.00 8,000.00 $440,000.00 5 MANHOLE EA $1,500.00 85.00 $127,500.00 6 12" FORCE MAIN LF $30.00 4,200.00 $126,000.00 7 12" CASED F.M. BORE LF $100.00 500.00 $50,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 27/28 $2,038,500.00 $203,850.00 $2,242,350.00 $223,650.00 $2,466,000.00 WASTEWATER PROJECT NO. 13 WWTP CAPITAL IMPROVEMENTS NEW WWTP NORTH OF FM 518 PRELIMINARY CONSTRUCTION COST ESTIMATE ITEM NO. _ ITEMDESCRIPTION UNIT UNIT C.OS:T QUANTITY AMOUNT 1 .75 MGD NEW WWTP GAL $2.50 750,000.00 $1,875,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST ENGINEERING AND SURVEYING GRAND TOTAL APPENDIX D - 28/28 $1,875,000.00 $187,500.00 $2,062,500.00 $180,000.00 $2,242,500.00 APPENDIX E RESERVE CAPACITY CALCULATIONS Walsh Engineering, Inc. a ANALYSIS OF PRE-1989 WATER LINE PROJECTS WITH CAPACITY FOR FUTURE DEVELOPMENT Construction Costs: $ 999,243 1989 Estimate of Total Service Units as of March, 1988: 1996 Estimate of Current Total Service Units: Incremental Increase in Total Service Units from 1989 to 1996: 1989 Projected 20-year Incremental Increase in Service Units: 7,721 s.u. 11,519 s.u. 3,798 s.u. 7,514 s.u. Capacity Available for Future Demand: 7,514 s.u. - 3,798 s.u. = 3,716 s.u. Costs Available for Future Demand: $999,243 x 3,716 s.u. = $494,170 7,514 s.u. Projected 10-year Demand: 5,838 s.u. Proportion of Costs to be Allocated to Future Demand: 5,838 s.u. 3,716 s.u. = 1.57* Construction Costs to be Allocated to Projected 10-year Demand: $494,170 x 1.0 = $494,170 *This implies that more capacity will be required than is currently available to meet the demand in year 2006. APPENDIX E - 1/5 ANALYSIS OF PRE-1989 ELEVATED WATER STORAGE TANKS WITH CAPACITY FOR FUTURE DEVELOPMENT Construction Cost: $807,203 1996 Estimate of Current Total Service Units: 11,519 s.u. Demand for Storage for Current Total Service Units: 11,519 s.u. x 100 gal storage/s.u. = 1,151,900 gals Capacity Available for Future Demand: 1,500,000 gal - 1,151,900 gal = 348,100 gal Cost Available for Future Demand: $807,203 x 348,100 gal = $187,325 1,500,000 gal Projected 10-year Demand: 5,838 s.u. x 100 gal storage/s.u. = 583,800 gal Proportion of Cost to be Allocated to Future Demand: 583,800 348,100 = 1.67 * Construction Cost to be Allocated to Future Demand: $187,325 x 1.0 = $187,325 * This implies that more capacity will be required than is currently available to meet the demand in year 2006. APPENDIX E - 2/5 ANALYSIS OF GARDEN ROAD WATER PLANT AND TRANSMISSION LINES WITH CAPACITY FOR FUTURE DEVELOPMENT Cost: $1,128,300 Adjusted Construction Cost Without Water Well* $ 745,900 1989 Estimate of Total Service Units as of June, 1993: 1996 Estimate of Current Total Service Units: Incremental Increase in Total Service Units from 1993 to 1996: 1993 Projected 20-year Incremental Increase in Service Units: 9,481 s.u. 11,519 s.u. 2,038 s.u. 7,241 s.u. Capacity Available for Future Demand: 7,241 s.u. - 2,038 s.u. = 5,203 s.u. Costs Available for Future Demand: $745,900 x 5,203 s.u. _ $535,964 7,241 s.u. Projected 10-year Demand: 5,838 s.u. Proportion of Costs to be Allocated to Future Demand: 5,838 s.u. 5,203 s.u. = 1.12** Construction Costs to be Allocated to Projected 10-year Demand: $535,964 x 1.0 = $535,964 *No excess capacity available in water well. **This implies that more capacity will be required than is currently available to meet the demand in year 2006. APPENDIX E - 3/5 ANALYSIS OF PRE-1989 WASTEWATER TREATMENT PLANT PROJECTS WITH CAPACITY FOR FUTURE DEVELOPMENT Barry Rose WWTP Original Capacity 1984 Expansion Program Total Plant Capacity after Expansion Longwood WWTP Original Capacity 1984 Expansion Program Total Plant Capacity after Expansion 1.0 MGD 1.25 MGD 2.25 MGD 0.5 MGD 1.25 MGD 1.75 MGD Total City-wide Plant Capacity after Expansion 4.0 MGD Construction Cost of Barry Rose: Longwood: Total: Expansions: $2,094,000 1.672.000 $3,766,000 Wastewater Demand January, Barry Rose: Longwood: Total: Capacity Available Cost Available for 1996 - December, 1996 2.007 MGD 1.074 MGD 3.081 MGD for Future Demand: 4.0 MGD - 3.081 MGD = 0.919 MGD Future Demand: $3,766,000 x 0.919 MGD = $1,384,380 2.50 MGD Projected 10-year Demand: 5,838 s.u. x 3.2 person/s.u. x 110 gal/person Demand = 2.055 MGD Proportion of Cost to be Allocated to Future Demand: 2.055 = 2.23 * .919 — Construction Cost to be Allocated to Future Demand: $1,384,380 x 1.0 = $1,384,380 * This implies that more capacity will be required than is currently available to meet the demand in year 2006. APPENDIX E - 4/5 ANALYSIS OF WWTP CAPACITY REQUIREMENTS TO MEET YEAR 2016 DEMAND Existing Service Units = 11,519 s.u. 10-year Projected Increase = 5,623 s.0 Wastewater Flow: Existing Service Units: (11,519 s.u.)(3.2 person/s.u.)(120 gal/person) = 4.423 MGD 10-year Projection: (5,838 s.u.)(3.2 person/s.u.)(110 gal/person) = 2.055 MGD Total Wastewater Demand by yr. 2006: Available Capacity: Additional Capacity Required by yr. 2006: New WWTP at SWEC (2.00 MGD) Longwood Expansion Cost (.7500 MGD) Barry Rose Expansion Cost (.850 MGD) Total Expansion Cost (3.6 MGD) Average Cost per Gallon Expansion Cost: 6.478 MGD 4.0 MGD 2.478 MGD $5,900,000 $1,800,000 1,000,000 8,700,000 $2.42/gallon Cost to Expand Current Capacity to Meet 2006 Demand: 2,478,000 gallons x $2.42/gallon = $5,996,760 Proportion this Cost for each Plant Based on Ratio of 2.478 MGD/3.600 MGD: New WWTP at SWEC = $4,070,360 Longwood Plant Expansion = $1,238,400 Barry Rose Plant Expansion = $ 688,000 $5,996,760 APPENDIX E - 5/5 APPENDIX F TESTIMONY BY WALSH ENGINEERING, INC. PUBLIC HEARING ON IMPACT FEE STUDY 1996 , 1997 Walsh Engineering, Inc. RESOLUTION NO. APPENDIX G Walsh Engineering, Inc. QUESTIONS ABOUT WATER & SEWER IMPACT FEES (06/23/971 What are Impact Fees? Sometimes called capital recovery charges, tap fees, or plant charges, Impact Fees are charges a city imposes on new development to generate revenue for funding or recouping the costs of capital improvements necessitated by and attributable to the new development. Such fees have been used by Texas cities for many years, but challenges to cities' authority to levy impact fees and allegations that some cities' fees were unjustified led to the 1987 adoption of Senate Bill 336 (SB 336). SB 336 standardized calculation of maximum impact fees for water, sanitary sewer, drainage and street capital improvements. The City of Peariand considered only water and sewer impact fees in its Impact Fee Study. Why are we considering new Impact Fees? SB 336 requires cities that have adopted impact fees to update the land use assumptions and Capital Improvements Plan (CIP) at least every three years. The amount of the - impact fee is calculated from the information derived from the land use assumptions and capital improvements plan. How are impact fees cakulated? Land use assumptions are made about the number of single family home equivalents, or service units, expected to be built in the next ten years. Water and sewer improvements to meet new demand are priced out in the CIP. Impact fees per service unit are deter by dividing CIP costs by total service units. Once adopted, impact fees must be reviewed by the City Council every three years. Impact fees adopted by the City Council may not exceed those in the Impact Fee Study, which in Peariands case are $3,189 per service unit. However, the Planning & Zoning Commission has recommended water and sewer impact fees totaling $ 1,997 'per service unit. This represents an increase of S900 over current fees, as shown below. Fee Type Current Sewer Tap S 0.00 0.00 Water Tap 0.00 0.00 Meter Set 100.00 100.00 Water & Sewer Impact1097.00 1.997.00 Total S1197.00 S2,097.00 Increase Over Current Fees = S 900.00 Why is the full eligible amount not proposed for collection? The allowable impact fee calculated in the .1993 study was S 1,782, so the previous fee of S 1,097 represented 61. S% of the eligible amount. The proposed fee of S1,997 represents 62.6% of the eligible amount that could be charged. 1 OIIESTIONS ABOUT WATER & SEWER BIPACT\FEES (06/23/971 Why does the City of Pearland need to collect impact fees? Entlow and infiltration (I & I) of rain water and ground water into our aging sewer system causes both treatment plants to violate permit limits during rainy months. The E.P.A. and the Texas Natural Resources Conservation Commission can fine the city or even impose a moratorium on new construction until deficiencies are corrected. Through an aggressive program to locate and correct I & I problems, stab has been able to defer the need for waste water plant expansions, however, new development is rapidly consuming sewer capacity gained from I & I reduction, making plant expansions an immediate necessity. Impact fees will be used to expand treatment capacity and extend the collection system to allow for growth! Impact fees will also be used to expand the water distribution system. When in the development process will impact fees be collected? Under SB 336, fees may be collected at platting or upon acceptance of the subdivision or at building permit issuance. The current policy is to collect the .fee at building permit issuance; staff recommends the continuation of this policy . Will impact fees vary from one part of Peariand to another, like they do in Friendswood? No, for the sake of simplicity, Walsh Engineering developed the 1993 impact fees uniformly throughout the city. This policy is recommended to continue. Aren't you going to stifle development by adding impact fees? We hope not. First, impact fees have been in place for three years and development trends have continued to increase. Second, other cities in the region were surveyed on their fees and charges. Impact fees have become a common practice and the proposed'fees are within the range of those charged by other cities. 2 COMPARISON OF DEVELOPMENT IMPACT FEES L (Ascending order by Total Fees) 1 City Sewer Connection Fee Water Connection Fee Sewer Impact Fee Water Impact Fee Other Total Fees Alvin (1) 50 i 50 10 i , 110 Deer Park 275 305 - 580 Pasedena 350 250 600 Sugarland (8) 200 440 640 Kemah (WC&ID #R12) (4) 150 500 30 680 LaPorte (5) 250 184 140 146 720 i Houston (3) 700 200 900 Friendswood-D (2) 161 790 951 Friendswood-E3&E4 (2) 161 790 951 Friendswood-bay Area (2) 294 790 1084 Friendswood-A (2) 378 790 1168 Friendswood.F (2) 378 790 1168 earland-Existing (7) 100 860 237 1197 friendswood-C (2) 285 293 790 1368 Friendswood-81&82 (2) 378 293 790 1461 F/iendswood-E1&E2 (2) 784 790 1574 League City (8) 250 200 728 522 1700 Seabrook 450 719.20 531.20 1700.4 Webster 150 225 500 850 1725 Friendswood-Melody Lane (2) t 450 _ 854 790 2094 Friendswood-Mills&Murphy (2) 2532 790 3322 Revised May, 1997. Notes: (1) S50 are inspection fees; $10 is meter fee. Developer/Buider installs and pays for cost of meters and taps. (2) Developer/Buider instals and pays for cost of meters and taps. (3) Developer/Buider instals and pays for cost of meters and taps. (4) Developer/t3uider instals and pays for sewer tap. District instals water meter. 5150 is "Sewer Inspection Fee". S30 is "Water/Sewer Permit Fee" ($15 each). (5) Impact Fees based on 2000 sq. ft structure. Sewer. 57.00/100 sq. it. Water. 57.30/100 sq. ft. (6) Fees in Impact Fee Columns are "Capital Recovery Fees". ') Developer instals and pays for water and sewer taps. 5100 is meter set fee. Water/Sewer taps made in existing areas are made by City and charged at cost to the developer. Based on residential sewer tap fee and 3/4" meter set and tap fee COMPARISON OF DEVELOPMENT IMPACT FEES (Alphabetical) Il City Sewer Connection Fee Water Connection Fee Sewer Impact Fee Water Impact Fee Other Total Fees Alvin (1) 4 50 50 10 110 Deer Park 275 305 580 Friendswood-A (2) 378 790 1168 Friendswood-B1&B2 (21 378 293 790 1461 Friendswood-C (2) 285 293 790 1368 Friendswood-D (2) 161 790 951 Friendswood-E1&E2 (2) 784 790 1574 Friendswood-E3&E4 (2) 161 , 790 951 Friendswood-F (2) , 378 790 1168 Friendswood-Bay Area (2) 294 790 1084 Friendswood-Melody Lane (2) 450 854 790 2094 Friendswood- Mllts&Murphy (2) 2532 790 3322 Houston (3) 700 200 900 .emah (WC&ID #12) (4) 150 500 _ 30 680 LaPorte (5) 250 184 140 . 146 720 League City (6) 250 200 728 522 1700 Pasadena 350 250 600 Pearlar d-Existing (7) 100 860 237 -1197 Seabrook ' 450 719.20 531.20 1700.4 send (8) 200 440 640 Webster 150 . 0 225 500 850 1725 Revised May. 1997 Notes: (1) $50 are inspection fees; $10 is nieter fee. Developer/Builder instals and pays for cost of meters and taps. (2) Developer/Buider instals and pays for cost of meters and taps. (3) Developer/Builder instals and pays for cost of meters and taps. (4) Developer/Buider instals and pays for sewer tap. -District instals water meter. S150 is 'Sewer Inspection Fee". $30 is -Water/Sewer Permit Fee" ($15 each). (5) Impact Fees based on 2000 sq. R structure. Sewer: $7.00/100 sq. ft Water: 57.30/100 sq. ft (6) Fees in Impact Fee Columns are "Capital Recovery Fees". (7) Developer instals and pays for water and sewer taps. 5100 is meter set fee. Water/Sewer taps made in existing areas are made by City and charged at cost to the developer. Based on residential sewer tap'fee and 3/4" meter set and tap fee. CITY OF PEARLAND OFFICE OF THE CITY SECRETARY 3519 LIBERTY DR., PEARLAND, TX 77581-5416 . (281) 485-2411, EXT. 341 FAX (281) 485-.1106 FAX TRANSMITTAL COVER SHEET TO: LW&K FROM: Il0-e11r4 -4avidor-P DATE: 444-0 NO. OF PAGES: c3 INCLUDING THIS COVER PAGE. SUBJECT: 4,6(44. '�te a_t_ as V ucL6LJ �'- °o"i pzIam 4*e 4L— /4rq7 ) Agao NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:00 P.M. May ,19,1997 Council Chambers of City Hall 3,519 Liberty Drive Pearland, Texas The purpose of this hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee in. the service area encompassed by the city limits. Any member of the public has the right to appear at the public hearing and present evidence, for or against the update. ID: APR 14'97 13:44 TRANSMIT (CONFIRMATION REPORT NO. 015 RECEIVER REPORTER TRANSMITTER DATE APR 14'97 DURATION 02'09 MODE STD PAGES 03 RESULT OK 13:44. ,95.055 PLANNING AND DEVELOPMENT Title 12 j 395.055. Notice of Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee (a) Before the 30th day before the date of the hearing on amendments to the land use assumptions, capital improvements plan, or impact fee, the political subdivision shall send , a notice of the hearing by certified mail to any person who has give& written notice by:, certified or registered mail to the municipal secretary or other designated official of the , political subdivision requesting notice of the hearing within two years preceding the date of adoption of the order or resolution setting the public hearing. . .-. . (b) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks, the firsnotice to appear before the 30th day but on or after the 60th day before the date set for, the hearing, in one or more newspapers of general circulation in each county in which the political subdivision lies. However, a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may publi the required newspa.er notice only in each county in which the service area lies. �e notice o pu is earing may no . i the part oTthe paper ui which legal notices and classified adsappear and may 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. • (c) The notice must contain the follow%ng:a , (1) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES" (2) the time, date, and location of the hearing; (3) a statement that the purpose of the 'hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee; (4) an easily understandable description and map of the service area on which the update is being prepared; and .. . . (5) a statement that any member of the public has the right to appear at the hearing andpresent evidence for or against the update. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical and Statutory Notes . Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. Vernon's Ann. Civ. St. art. 1269j-4.11, § 6(e). § 395.056. Advisory Committee Comments on Amendments The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth business day before the date of the public hearingon the amendments. . Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. • • . • • .• Historical and Statutory Notes Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. Vernon's Ann. Civ. St. art. 1269j-4.11, § 6(f). § 395.057. Approval of Amendments Required (a) The political subdivision, within 30 days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions and the capital improvements plan and modification of an impact fee. (b) An ordinance, order, or resolution approving the amendments to the land use assumptions, the capital improvements plan, and imposition of an impact fee may not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. • 146 .,.,r -.. - . PLANNING AND DEVELOPMENT Title 12 Historical Prior Laws: • ' Acts 1987, 70th Leg., ch. 957, §§ 1 t § 395.0575. Determination ,That tal Improvements (a) If, at the time an update under determines that no change to the lan impact fee is needed,it may, as an alt 395.052-395.057, do, the following • (1) The governing body of .the po update is .unnecessary and 60 days b send notice of its determination n improvements plan, and impact fee t years preceding the date that the f written notice by certified or regi designated official of the political st impact fees. The notice must conta (2) The political subdivision shall three consecutive weeks in one or- 1 county in which the political subd. authorized elsewhere by state law publish the required newspaper notic The notice of public hearing may not and classified ads appear and may n( size 'or tabloid -size newspaper, and larger type. • (b) The notice must contain the folic (1) a headline to read as follows: "NOTICE OF DE'r1';RMINATIO?N TIONS, CAPITAL IMPROVEMEI` (2) a statement that the governing that no change to the land use assum necessary; (3) an easily understandable descr updating has been determined to be (4) a statement that, if, within a sl after publication of the first notice, a official of the political subdivision r improvements plan, or impact fee be request by following the requiremen (5) a statement identifying the n political subdivision to whom a requ( (c) The advisory committee shall file land use assumptions, capital improv business day before the earliest notic( necessary is mailed or published. , (d) If, by the, date specified in SubsE land use assumptions, capital improvem body shall cause an update of the land be prepared in accordance with Section (e) An ordinance, order, or resoluti assumptions, a capital improvements _ is emergency measure. Added by Acts 1989, 71st Leg., ch. 566, § 1 CITY OF PEARLAND OFFICE OF THE CITY SECRETARY 3519 LIBERTY DR., PEARLAND, TX 77581-5416 . (281) 485-2411, EXT. 341 FAX (281) 485-1106 FAX TRANSMITTAL COVER SHEET TO: !MJ/— /4D0 u" ro / FROM: DATE: LLkhq/ 649ndor I' NO. OF PAGES: (g INCLUDING THIS COVER PAGE. SUBJECT: p6viv__ YIU, v_ixcYrtR LLd. QO I h-F lei ide /irks Qr . s&t, .iC: QS goLtaos rtn.L, 0/ctifix., 13o ke_ pzpo' elamitad4 ror (.effred). 0.6� m'i 4,r2a',2fla- '16 uwA4 /lectzex- 01 4 a3-9 7 *-36-97 10(1k- hav-e- an � o �d�,� J NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:00 P.M. May 19, 1997 -Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas The purpose of this hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee in the service area encompassed by the city limits. Any member of the public has the right to appear at the public hearing and present evidence for or against the update. ,95.055 PLANNING AND DEVELOPMENT Title 12 } 395.055. Notice of Hearing. on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee (a) Before the 30th day before the date of the hearing on amendments to the land use assumptions, capital improvements plan,. or impact fee, the political subdivision 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 municipal secretary or other designated official of the political subdivision requesting notice of the hearing within two years,preceding the date of adoption -of the order or resolution setting the public hearing. (b) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks, the first notice to appear before the 30th day but on or after the 60th . ; ' day before the date set for the hearing, in one or more newspapers of general circulation in each county in which the political subdivision lies. However, a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may publi the required newspaper notice only in each county in which the service area lies. he notice of public -nearing may not -n the part of the paper in which legal notices and classified ads appear and may 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. • (c) The notice must -contain the following .. .. (1) a headline to --read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES" ;r (2) the time, date, and location of the hearing; (3) a statement that the purpose of the hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee; (4) an easily understandable description and map of the service area on which the update is being prepared; and (5) a -statement that any member of the public has the right to appear at the hearing and present evidence for or against the update. , - ', - . . Added by Acts 1989, 71st Leg.; ch. 1, § 82(a), eff. Aug. 28, 1989. Historical and Statutory Notes .. Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 -to 11. Vernon's Ann. Civ. St. art. 1269j-4.11, § 6(e). § 395.056. Advisory Committee Comments on Amendments The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth business day before the date• of the public hearing. on the amendments. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Historical and Statutory Notes Prior Laws: Acts 1987, 70th Leg., ch. 957, §§ 1 to 11. Vemon's Ann. Civ. St. art. 1269j-4.11, § 6(f). § 395.057. Approval of Amendments Required (a) The political subdivision, within 30 days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions and the capital improvements plan and modification of an impact fee. (b) An ordinance, order, or resolution approving the amendments to the land use assumptions, the capital improvements plan, and imposition of an impact fee may, not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. 146 PLANNING AND DEVELOPMENT TiUe 12 Historical Prior Laws: • Acts- 1987, 70th Leg., ch. 957, §§ 1 t § 395.0575. Determination That - tal Improvements (a) If, at the time an update under determines that no change to the lan impact fee is needed,it may, as an alt 395.052-395.057, `do the following: - (1) The governing body of the po update is unnecessary and 60 days b send notice of its determination n improvements plan, and impact fee t years preceding the date that the f written notice by certified or regi: 'designated official of the political si impact fees. The notice must conta (2) The political subdivision shall three consecutive weeks in one or i • county in which the' political subd: authorized elsewhere by state law publish the required newspaper notic The notice of public hearing may not and classified ads appear and may nc size ortabloid-size newspaper, and larger type. ' (b) The notice must contain the folic (1) a headline to read as follows: "NOTICE OF D1J1' i RMINATIO?\ TIONS, CAPITAL IMPROVEME1\ (2) a statement that the governini that no change to the land use assurr. necessary; (3) an easily understandable descr _ updating has been determined to be (4) a statement that if, -within a si after publication of the first notice, a official of the political subdivision r improvements plan, or impact fee be I request by following the requiremen - (5) a statement identifying the n political subdivision to whom a requ( (c) The advisory committee shall file land use assumptions, capital improv business day before the earliest notice necessary is mailed or published. (d) If, by the date specified in Subse land use assumptions, capital improvem body shall cause an update of the land be prepared in accordance with Section (e) An ordinance, order, or resoluti. assumptions, a capital improvements emergency measure. Added by Acts 1989, 71st Leg., ch. 566, § 1 i s • ID: APR 14'97 14:56 TRANSMIT CONFIRMATION REPORT RECEIVER TRANSMITTER DATE DURATION MODE PAGES RESULT • • • • • • • • 016 7132206981 APR 14'97 02'02 STD 03 OK 1 14:56 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. Date ClhaziZA 19 /% No. Date 19 No. Date 19 No. Date 19 No. Date 19 Editor Subscribe and worn to before me this ZCI day of 19 /1 Notary Public, State of Texas Laura Ann Emmons, Publisher NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:30 P.M. , June 23, 1997 Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas ; The purpose of this hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee in the service areaencompassed' by the city limits. CITY OF PEARLAND„TEXAS TO HOUSTON TO ANGLETON TO HOUSTON TO ALVIN TO HWY. 45 Any member of the public has he right to appear at the public hearing and present evidence for or against the update. ti AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties ea z4pb I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. % Date Jl.JLf 30 19 �� No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 3 19 111 Editor day of i4.1( NO jiizAzi;$ Y COMaSQNEXPE`S%c Stategi AtFv' S '4;me' Laura ArrnTEmmoq�®911. ic °,,.�•t fisher; IC>; ORDINANCE NO. 806 AN ORDINANCE OF THE CITY COUNCIL OF THE !!{ CITY OF PEARLAND,. TEXAS,I REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACTTEES• IN ACCOR- DANCE WITH STATE L AW; MAKING CERTAIN FIND- I INGS; !PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE AND A REPEALER - CLAUSE, PROVIDING FOR ,PUBLICATION, CODIFICA- TION AND AN EFFECTIVE DATE. Section-5: Penalty -Any per _ 1 son who shall violate the pro- visions of this section shall be deemed guilty of a misde- meanor and shall, upon con- viction by a court of compe- tent jurisdiction, be punished by a fine in any sum not i r exceeding Five Hundred Dollars ($500.00). ' i 'PASSED and APPROVED on , First and Only Reading this the 28th; day of July, A.D., 1997. /sfTOM REID MAYOR- 4 ATTEST: Is/ YOUNG LORFING. CITY SECRETARY APPROVED AS TO FORM: /s/AMY MOTES McCULLOUGH CITY ATTORNEY VOTING' RECORD (FIRST AP:DONLY READING JM 28.1997) Voting "Aye"- Councilmem- bers Cole, Berger, Beck- man, Tetens, & Wilkins Voting"No"- None Motion passed 5 to O. PUBLICATION DATE: JULY 30,1997 EFFECTIVE DATE: AUGUST 10,1997 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF -THE -CITY -OF PEARLAND. -t- I • AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date 3/ y 19 17 No. Date 19 No. Date 19 No. Date 19 No. Date 19 ()\I-UrtEd(-)itor Subscribe and worn to before me this % day of 19 411 (7 Li A 1rd, StateSSION!'Aotot ES jxas MY 09/09/98 .•! _. inrn; 0 Iisher NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:30 P.M. June 23,1997 Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas The purpose of this hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee in the service area encompassed bythe city limits. PEARLAND, TEXAS TO HOUSTON HUGHES RANCH RD. • TO ANGLETON TO HOUSTON TO ALVIN TO HWY. 45 Any member of the public has he right to appear at the public hearing and present evidence for or against the update. 6208026 6420981 6421862 AFFADAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF HARRIS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: JEFF CAMPBELL, who after being duly swom, says that he is the ADVERTISING ACCOUNTING ASSISTANT MANAGER of the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and that the publication, of which is in the annexed is a true copy, was published to -wit: ***ADVERTISEMENT PUBLISHED ON MAY 14, 1997*** ***ADVERTISEMENT PUBLISHED ON MAY 21, 1997*** ***ADVERTISEMENT PUBLISHED ON MAY 28, 1997*** JEF MPB LL 4 d% • ASSISTANT MANAGER ADVERTISING ACCOUNTING Sworn and subscribed to before me, this the 3RD day of JUNE A D 1997 and for the State of Texas JACQUE W. BROWN Notary Public, State of Texas Commission Expires 06-19-2000 4100-5005 NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:30 P.M. June 23, 1997 Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas The purpose of this hearing is to consider:' the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee in the service area encompassed bythe city limits. lo Any member of the public has the right to • -r , 06w, _ ,adpi9faticipresent -r iiot# %Ins e uPdate. - AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date J " 74 04 19 ill No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and worn to before me this 19 airt Editor G ? Z day of Vh d , P H t+ r9 Atv "' LAURA A. EMMONS mo41, o; Io a PUBLIC ^ STATE nE n E r rII ,f PA iRi .'4r& Of q`` �n�ar�09/09/98 NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES 6:30 P.M. June 23, 1997 Council Chambers of City Hall 3519 Liberty Drive Pearland; Texas The purpose of this hearing is to consider the amendment of land use assumptions and a capital improvements plan and the- ! imposition of an impact fee in the service area encompassed' .by the ,city:limits. - Any member member of the public has he right to appear at the public hearing and present evidence for or against the update. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date ?*-- No. No. No. No. Date Date Date Date 1917 19 19 19 19 Subscribe and sworn to before me this / Y day of 4. 19 �n tary Public, State of Texas Laura Ann Emmons, Publisher ook Public NQke'' ORDINANCE NO. 806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCOR- DANCE WITH STATE LAW; MAKING CERTAIN FIND- INGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICA- TION AND AN EFFECTIVE DATE. i Section 5. Penalty. Any per- son who shall violate the pro- visions of this section shall be deemed guilty of a misde- meanor and shall, upon con- viction by a court of compe- tent jurisdiction, be punished by a fine in any sum not exceeding Five Hundred Dollars ($500.00). PASSED and APPROVED on Second and Final Reading this the 11th day of August, A.D., 1997. /siTOM REID MAYOR ATTEST: /s/YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: /s/AMY MOTES MCCUL- LOUGH CITY ATTORNEY VOTING RECORD Voting "Aye"- Council- members Cole, Berger, Beckman, & Tetens Voting "No"- None Absent- Councilmember Wilkins Motion passed 4 to 0. PUBLICATION DATE: August 13,1997 EFFECTIVE DATE: AUGUST 23, 1997 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND.