Ord. 1351 2008-05-12ORDINANCE NO. 1351
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 Freese and
Nichols entitled Water and Wastewater Impact Fee Study Update 2007 (the "Study"), is
incorporated herein as Exhibit "A" and made a part hereof for all purposes.
1
ORDINANCE NO. 1351
Section 3. The updated impact fee calculations, included in the Study, and more
particularly, Table 15 located at page 39, and Table 6, page 9 of the Shadow Creek Ranch
supplement 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 underthis Chapter and amendments thereto shall be and are preserved forthe 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. 1351
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 after its publication, or the publication of its caption and penalty, in the official
City newspaper.
PASSED and APPROVED ON FIRST READING this the 12th day of May,
A. D., 2008.
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ATTEST: ~`" f"°
Y UNG I G
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TOM REID
MAYOR
3
ORDINANCE NO. 1351
PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of
May, A. D., 2008.
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UNG G, RM
Y S RETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
MAY 12, 2008
Voting "Aye" - Councilmembers Owens, Saboe, Beckman,
Kyle, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: May 14, 2008
EFFECTIVE DATE: May 23, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND. TEXAS
4
Exhibit "A"
Ordinance No. 1351
WATER AND WASTEWATER
IMPACT FEE STUDY
2007 UPDATE
EXECUTIVE SUMMARY
This report represents an update of 2002 Water and Wastewater Impact Fee Study. "Phis
report is prepared pursuant to Chapter 395 of Texas Local Government Code (with 1989 and 2001
amendments)- The report studies a 20-yr. period however, for the impact fee assessment only those costs
and service units associated with the first 1 O-yr. period are accounted for. The 2002 report included a
separate supplemental impact fee study for the Shadow Creek Ranch (SCR) development. For the 2007
update, the supplemental impact fee study for the SCR development is also updated.
Pearland City limits encompass approximately 44.57 square miles or 28,525 acres of
which 5.41 square miles or 3,467 acres is in the Shadow Creek Ranch development. The Census 2000
reports a population of 37,640 people for Pearland. The 2006 population, excluding SCR, is estimated to
be 66,650 people. The City-wide population is estimated at 76,300_ The year 2016 and year 2026
projected populations, excluding SCR, are 95,500 and 117,300 people, respectively. The City-wide
projected populations for year 2016 and 2026 are estimated at 124,100 and 145,900, respectively. For the
purpose of impact fee assessment, all types of uses are converted to an equivalent service unit, being a
single-family dwelling. Currently, City (excluding SCR) has 23,399 connections of different types.
Using the conversion factors stated in the report, this equals to 24,551 equivalent service units. The 1 O-
yr. and 20-yr. equivalent service unit projections are 35,383 and 43,952, respectively. For the purpose of
impact fee computations, the net equivalent service unit increase between current and the first 1 O-yr.
period, or 10,832 is used.
City's (excluding SCR) current water supply sources consist of 10 water wells and one
surface water connection in Green Tee Subdivision, totaling approximately 11,212 gallons per minute
vi
(gpm) capacity. The McHard Road surface water connection in the far northwest quadrant of the City is
used for Shadow Creek Ranch area (see attached SCR Impact Fee Update). Available non-SCR ground
and elevated storage capacities are 5,739,000 gallons and 3,500,000 gallons, respectively. To meet the
current and projected service units demand, the City will need approximately 3,519 gpm well capacity for
current demand and 10,018 gpm and 15,159 gpm for years 2016 and 2026, respectively. There will be a
shortage of 38,300 gallons of elevated storage for year 2016 and 895,000 gallons for year 2026_
City's (excluding SCR) current wastewater treatment system consists of four plants,
totaling 8.050 MGD capacity. Based on the average flows for the past two years, there is currently 3.005
MGD excess capacity. To meet projected service units demand, 2.788 MGD and 5.186 MGD capacity
expansions are needed for end of year 2016 and year 2026, respectively.
To meet the current and future demands, water and wastewater projects were developed for
this report update. Thirty one (31) water and sixteen (16) wastewater projects were identified. Ofthese
projects, eleven (1 1 J water and eleven (1 1) wastewater projects are designated for the impact fee's 1 O-
year period. There are also completed projects with reserve capacity which are eligible for impact fee
assessment. Some of the projects costs include the 1 O-yr. debt service due to their funding method. The
estimated total cost of 10-year eligible water projects is $42,731,734. The estimated total cost of 10-year
eligible wastewater projects is $62,1 06,237. Therefore, the total 1 O-year eligible water and wastewater
projects cost is projected to be $104,837,971. The impact fee assessment cost at 50% is $52,418,986.
vii
To compute the proposed water and wastewater impact fee rate, the proposed projected
assessment cost of $52,418,986 is divided by the projected 1 O-yr. service units of 10,832, to obtain a
proposed rate of $4,840. The City's current rate established in 2002 is $3,496.
For the SCR development, the net equivalent service unit increase between current and the
first 1 O-yr. period is 7,996. To meet future demand, two (2) water and one (1) wastewater projects were
identified. The two (2J water projects are planned for second 1 O-year period therefore not eligible at this
time- However, the one (1) wastewater project is partially eligible for impact fee assessment. The total
eligible water and wastewater projects are estimated to be $39,799,883. The proposed assessment cost is
$36,949,452. These costs include 1 O-yr. debt service for some of the projects because of their financing
method. To compute the impact fee rate for the SCR development, the assessed cost of $36,949,452 is
divided by projected service units of 7,996 to obtain a rate of $4,621. The SCR development current rate
established in 2002 is $2,672.
viii
TABLE; 1-5
mpact ee omputa iron
WATER SYSTEM 1M PI2OVEM ENTS
PROJ IMPACT FEE PROP.
N 7 7- 1 7- F 1 B I P T F-
- FM SIR IG" Water-l-ransmission Line: Cullen to Kirby $1,065,039 57(.3,238 - ->
_ Resen~e Storage available at Southeast Water Plan[ $1,395,055 51,395,055 3607,528
_ Dixie f=arm IG' Transmission Line $1,999,362 $1,432,!>IG 5716,308
FA4 1728 1G' Water Transmission Line $1,235,pp0 5675,723 5337.8!2
I SH 35 I6" \V ester l-ransmission Line -Broadway [o South $1,752,'700 31,752,900 SR 76 .450
2 Magnolia Drive 8 Veterans Dr. Water Lines $1,119,000 31,119,000 5559 500
3 500,000 Gallon F,levated Storage at Garden Road Water Plant $ I ,5(.7,500
4 1 Million Gallon Elevated Storage at Dixie Fann 8c FM 518 52,797,500 52,797.500 51,30 8,750
5 Veterans Drive- CR 100 - FM 1128 16" Water Lines $4,414,050
6 Bailey Road 24" Water Transmission Line: Veterans Dr. to FA4 1128 $4,534.(50
7 Houston 30" Interconnect 8c Alice Plant Expansion $23,300,250 $I 1,184,100 55.592,0 Sp
R Veterans Drive - Hastings Cannon-Harkey 12" Water Lines 52,873,850
9 Bailey Road 24" \V ester Line: FM 1128 to CR 48 59.074,850
10 SH 35 12" Water Line: Dixie Fann Road to South $1.211,1(10
I 1 Cullen Blvd. 12" Water Line: Brookside to South 51,093,650 $1,093,650 5546,825
12 Hughes Ranch -Stone Rd. 12" Water Line $ I • 190,400
13 Hawk Road 12" Water Line 5427,200 5427,200 S213,600
14 10 MGU Water Treatment Plan[ $105,000,000
15 Broadway (FM 51 R) 1 G' Transmission Line: Harkey to Texas 52,452,050
16 Far East Water Plant, Elevated Storage, 8c Transmission Lines 31 1,439,<>00
17 Alice Water Plant Expansion -Phase 2 $2, 112,500
I R SH 35 12" Water Line -Broadway to Clear Creek $1,879.950 51,342,152 5671.07(.
19 Roy Road I2" Water Line $1,323,150
20 CR 48 20" Water l-ransmission Line: CR 59 [o North 53.521,350
21 Pearland Parkway 12" Water 1_ine: Oiler Dr. [o Dixie Farm Road $745,Sp0 5745,500 $372,750
22 OId Alvin 20" Water Transmission Line $3,244,650 $3,244,650 57,622,325
23 CR 94 12" Water Line: Smith Kanch #2 (CR 563) to Lambeth $491,550 3491,550 5245,775
24 CR 59 20" Water Transmission Line: CR 48 to CR 94 52.760,300
25 FI\4 521 8c Riley Rd. 12" Water Lines 52.076.900
26 CR 129 R CR 127 12" Water Lines 51,845.600
27 Hastings Cannon Rct. (CR 128) 12" Water Line: SH 35 to Pearland
Sites Rd. (CR 143) 31,98 5,700
28 Hastings Field Rd. 16" \Vatcr Transmission Line: SH 35 to
Pearland Sites Rd. (CR 143) 51.945,650
29 CR 59 7G" 8c 12" Water Lines: CR 4R to Wood
CR 564 12" Water Line: CR 59 to CR 564 B 52,358.000
30 Far Northwest Water Plant Expansion -Phase 3 52,287,500
31 Fed 521 Water Transmission Line: Broadway to Mooring Pointer Dr. 51,368,900 51,36 8,900 5!.84,450
- Contract to Purchase I O MGD Water from Houston $26,809,000 512,868,000 56,424.000
- Green Tee Water Plant 3rd Pump $25.000
- McLean Rd. Water Plant Pumps upgrade and 3rd Pump 535,000
- Administration $30,000 $30,000 515,000
2 O 456 38 311 050 166 975 200 42 7_31 7 4 521 365 867
W • Y- ' ' 'Y ~i I 32 945 I 973
WASTEWATER SYSTEM IMPROVEMENTS
PROJ IMPACT FF_E PROP.
7 7- 7- 9 4 T F
- _ arty ose, ongwoo s xpansons
- Magnolia-Veterans, Fite-Harkey, SCR Phase 1, Westgate $5,446,263 53,385,825 $1,692,913
- SWF_C 2 MGD Expansion -Phase 2 $19,976,000 519,976.000 59.988,0(10
- Dixie Farm Trunk Sewer (Partial) $2,790,316 $2,234,655 $1,I 17,328
- S}-I 35 Trunk Sewer $5, 192,598 $4, 158,4(.0 32.072220
1 Longwood WWTP Expansion $24.000,000
2 Broadway 12" Sanitary Sewer: Country Club to Regal Oaks 5172,290 $172,290 386,145
3 Barry Rose WWTP Lift Station Expansion $4,101,000 $4,1111,000 $2,050,500
4 Riverstone Ranch Upsizing $476,000 $476,000 $238,000
5 Broadway -Roy-Max-Garden Rds. Trunk Sewcr 52,294,400 52,294,400 51.747,200
6 SWEC WWTP Expansion Phase 3 $24,000.000
7 SH 35 Sewer Improvements (Broadway to Clear Creek) 5840,414 5602,497 $301,249
8 Magnolia Corridor Trunk Sewcr $1,689,900 $1,689,900 $844.950
9 Dixie Farm - SH 35 Trunk Sewer 33,653,250
IO Southdown WWTP Replacement and Expansion $18,000,000 35,784,000 52,592,000
1 1 Veterans -Bailey -Wells Dr. -McClean Trunk Sewer (Oversi zing) $7,314,660 $3,657,330 31,828,665
12 Far Northwest WWTP 2 MGD Expansion (Cost Sharing) -Phase 2 $4,272,000 54,272,000 52, 136,000
13 Harkey Road Trunk Sewer South of Ravenwood (Oversi zing) 39,448,050 $4,724.025 52,362,013
14 Cullen to WWTP Trunk Sewer $2,546,700 $2,54!.700 51,273,350
75 Miller Ranch Rd, Lift Station Rc Collection System $2,635,32(1
1 C> Far Northwest 2 MGD WWTP Expansion -Phase 3 S24,OOOA00
Administration $30,000 530,000 515,000
L 41 421 1 185 414 78 288 570 62 10> 237 531 053 1 19
V \V 1 V ~' SS 734 2 867
W ~V .~.V '9 7 4 840
Note: Eligible cost of pre-2007 projects either reflect reserve capacity and /or I O-yr debt.
Eligible cost of Water Project I8 and Wastewater Project 7 reFlec[ 10-yr debt costs.
39
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