HomeMy WebLinkAbout1998-301FILE REFERENCE FORM 98-301
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Amended by Ordinance No. 2004-183
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Amended by Ordinance No. 2008-156
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ORDINANCE NO % 0 _Al
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING "IMPACT FEES" BY
AMEND G CHAPTER 26 "UTILITIES" OF THE CODE OF ORDINANCES, ESTABLISH-
ING WA ER AND WASTEWATER IMPACT FEES, PROVIDING FOR THE ASSESSMENT
AND COLLECTION OF SUCH IMPACT FEES, ADOPTING A CAPITAL IMPROVEMENTS
PLAN FOP, IMPACT FEES, PROVIDING FOR REFUNDS OF COLLECTED IMPACT FEES,
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS, PROVIDING A SEV-
ERABILITY CLAUSE, A PENALTY NOT TO EXCEED $2000 00 FOR EACH VIOLATION
AND AN EFFECTIVE DATE
WHEREAS, TEx Loc GovT CODE, Chapter 395 authorizes a city to adopt impact fees
for the purpose of financing capital improvements required by new development, and
WHEREAS, the City of Denton has duly appointed an Impact Fee Advisory Committee,
has received recommendations from the Committee, and has adopted Land Use Assumptions and
a Capital Improvements Plan for Water and Wastewater Impact Fees in accordance with the re-
quirement of Chapter 395, and
WHEREAS, the City of Denton, having complied with all substantive and procedural re-
quiremen s of Chapter 395, finds it necessary and appropriate to establish water and wastewater
impact f es to pay the costs of certain capital improvements for new development, NOW,
THEREF RE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
TIO That the facts and recitations contained in the preambles of this Ordinance
are hereb found and declared to be true and correct
That the Capital Improvements Plan for Water and Wastewater Impact
Fees pr ared by Duncan Associates in association with Applied Geographic Technologies and
Alan Pl er Associates, which is attached hereto and incorporated by reference is hereby
adopted
S TION III That Chapter 26 "Utilities" of the Code of Ordinances of the City of
Denton, Texas, be and the same is hereby amended by adding a new Article VI, subsections 26-
210 to 2(-231 to be known as "Impact Fees" which shall read in its entirety as follows
Article VI. Impact Fees
Sec 26-210 Short Title
This Article shall be known and cited as the Denton Impact Fee Ordinance
Sec 26-211 Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of
the costs of such improvements necessitated by and attributable to such new development
as related to water and wastewater capital improvements
Sec 26-212 Authority
This Article is adopted pursuant to Chapter 395 of the TEXAS LOCAL GovT CODE and
pursuant to the Denton Charter The provisions of this Article shall not be construed to
limit the powers of the City to utilize other methods authorized under state law or pursu-
ant to other City powers to accomplish the purposes set forth herein, either in substitution
or in conjunction with this Article
Sec 26-213 Definitions.
(1) Area -related facility: A capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not a site -
related facility Area -related facility may include a capital improvement which is
located offsite, within, or on the perimeter of the development site
(2) Assessment. The determination of the amount of the maximum impact fee per
service unit which can be imposed on new development pursuant to this Article
(3) Capital Improvement• Any water supply, or treatment facilities, or wastewater
treatment facilities that have a life expectancy of three (3) or more years and are
owned and operated by or on behalf of the City
(4) Director: The Director of Water Utilities for the City of Denton or his or her
designee
(5) Facility Expansion: The expansion of the capacity of any existing facility for the
purpose of serving new development The term does not include the repair,
maintenance, modernization or expansion of an existing facility to serve existing
development
(6) Impact Fee Capital Improvements Plan The Capital Improvements Plan for
Water and Wastewater Impact Fees prepared by Duncan Associates in association
with Applied Geographic Technologies and Alan Plummer Associates and
adopted by the City Council on September 15, 1998
(7) Land Use Assumptions: The Land Use Assumptions for the City of Denton, ac-
cepted by the City Council in Resolution R98-028 dated June 16, 1998
Page 2
(8) New Development: A project involving the construction, reconstruction, rede-
velopment, conversion, structural alteration, relocation, or enlargement of any
structure, or any use or extension of land, which has the effect of increasing the
requirements for capital improvements or facility expansions, measured by the
service units to be generated by such activity, and which requires either the ap-
proval and filing of a plat or replat pursuant to the City's subdivision regulations,
the issuance of a building permit
(9) Service Area. That area within the corporate limits and the extraterritorial juns-
diction of the City of Denton to be served by the water and wastewater capital
improvements or facilities expansions specified in the Impact Fee Capital Im-
provements Plan and as shown on the attached Exhibits A and B which are made
a part of this Article for all purposes
(10) Service Unit: A standardized measure of consumption, use, generation or dis-
charge attributable to an individual unit of development calculated in accordance
with generally accepted engineering or planning standards for a particular cate-
gory of capital improvements or facility expansions For water and wastewater fa-
cilities, the service unit shall constitute the basis for establishing equivalency
within various customer classes based upon the relationship of the continuous
duty maximum flow rate in gallons per minute for a water meter of a given size
and type compared to the continuous duty maximum flow rate in gallons per min-
ute for a 3/4-inch diameter simple water meter using American Water Works As-
sociation C700-C703 Standards
(11) Single Family Equivalency (SFE)- An equivalency factor, based on the demand
associated with the smallest water meter used in the City of Denton utility system
SFEs are utilized to establish the number of service units to be allocated to van-
ous meter sizes used in the City of Denton utility system
(12) Site -related facility- An improvement or facility which is for the primary use or
benefit of a new development and/or which is the for the primary purpose of safe
and adequate provision of water and wastewater facilities to serve the new devel-
opment and which is not included in the Impact Fee Capital Improvements Plan
and for which the developer or property owner is solely responsible under subdi-
vision and other applicable regulations
Sec 26-214 Impact Fee As Condition of Development Approval
No new development shall be connected to the City's water or wastewater system within
the service area without the assessment of an impact fee pursuant to this Article and no
building permit shall be issued until the applicant has paid the impact fee imposed herein
Page 3
Sec 26-215 Land Use Assumptions.
(1) The Land Use Assumptions for the City accepted by the City Council in Resolu-
tion R98-028 dated June 16, 1998, on record in the Office of the Denton Planning
Department, are hereby adopted and incorporated by reference
(2) Said Land Use Assumptions for the City shall be updated at least every three
years utilizing the amendment procedure set forth in Chapter 395 of the TEXAS
LOCAL GOVT CODE
(3) Amendment to the Land Use Assumptions shall incorporate projections of
changes in land uses, densities, intensities and population for the service area over
at least a ten year period
Sec. 26-216 Water Impact Fee Service Area
(1) There is hereby established a Water Impact Fee Service Area, the boundaries of
which are depicted on the map attached hereto as "Exhibit A" and incorporated
herein by reference
(2) The boundaries of the Water Impact Fee Service Area may be amended from time
to time in accordance with the procedures set forth in Chapter 395 of the TEXAS
LOCAL GOVT CODE
Sec 26-217 Wastewater Impact Fee Service Area
(1) There is hereby established a Wastewater Impact Fee Service Area, the bounda-
nes of which are depicted on the map attached hereto as "Exhibit B" and incorpo-
rated herein by reference
(2) The boundaries of the Wastewater Impact Fee Service Area may be amended
from time to time in accordance with the procedures set forth in Chapter 395 of
the TEXAS LOCAL GOVT CODE
Sec 26-218 Determination of Service Units.
(1) The number of service units for both water and wastewater service is determined
by the size of the water meter purchased for the property in accordance with the
following schedule
Page 4
METER EQUIVALENCY FACTORS
Water
Maximum
SFEs
Meter
Capacity
per
Size
(anm)
Meter
5/8" x 3/4"
10
10
V.
25
25
1-1/2"
50
50
2"
80
80
3"
160
160
4"
250
250
6"
500
500
8"
800
800
10"
1,150
1150
(2) If a larger or smaller meter is required solely due to abnormally low or high pres-
sure in the City's main, the Director may adjust the number of service units to re-
flect more accurately the flow rate and system pressure conditions
Sec 26-219 Impact Fees Per Service Unit
(1) The maximum impact fee per service unit shall be computed by dividing the cost
of water and wastewater capital improvements and facilities expansions necessi-
tated by and attributable to new development identified in the Impact Fee Capital
Improvements Plan for each category of capital improvements by the total num-
ber of projected service units in the impact fee service area based upon the Land
Use Assumptions
(2) The maximum impact fee per service unit for water facilities within the water
service area shall be Two Thousand Forty -Four ($2,044 00) Dollars
(3) The maximum impact fee per service unit for wastewater facilities within the
wastewater service area shall be Four Hundred Eighty-three ($483 00) Dollars
Sec 26-2;0 Assessment of Impact Fees
(1) The approval of any new development within the Water or Wastewater Service
Areas shall include as a condition of development the assessment of the impact
fee applicable to such development
(2) The impact fee per service unit to be assessed within the service area shall be an
amount less than or equal to the maximum impact fee per service unit as set forth
in Section 26-219 above
Page 5
(3) Assessment of the water and wastewater impact fees for any new development
shall be made as follows
For new development which is submitted for approval pursuant to the
City's subdivision regulations following the effective date of this Article,
assessment shall be at the time a final plat is obtained and shall be in the
amount of the assessed fee per service unit then in effect as set forth in
Section 26-219 above
b For new development which has received final plat approval prior to the
effective date of this Article and for which no replattmg is necessary prior
to the issuance of a building permit, assessment shall be made prior to the
issuance of a building permit and shall be in the amount of the assessed
fee per service unit then in effect as set forth in Section 26-219 above
Following the lapse or expiration of approval for a final plat or replat, a
new assessment must be performed at the time an application for a new fi-
nal plat or replat for such development is filed with the City
d An application for an amending plat made pursuant to TEXAS LOCAL
GovT CODE §212 016 and the City of Denton Subdivision Ordinance, and
for which no new development is proposed, is not subject to reassessment
for an impact fee
Sec. 26-221 Computation of Impact Fees.
(1) The impact fees due for the new development shall be collected at the time of
building permit
(2) Following the filing and acceptance of a written application for building permit,
the City shall compute the impact fee due in the following manner
a The number of service units shall be determined by the size of the water
meter purchased or by evaluation of the Director as herein provided,
b Service units shall be summed for all meters purchased for the develop-
ment,
Total service units shall be multiplied by the collected fee per service unit
for water or wastewater service as established in Section 26-219 above,
d All applicable offsets, credits or discounts per service unit allowable under
this Article for water or wastewater service shall be subtracted from the
product derived under the preceding subpart
(3) The amount of impact fee due for new development shall not exceed the amount
Page 6
computed by multiplying the assessed fee for water or wastewater service by the
total number of service units generated by the development
(4) The developer may submit or the Director may require the submission of a study,
prepared by a professional engineer, licensed in the State of Texas, clearly indi-
cating the number of water and/or wastewater service units which will be con-
sumed or generated by the new development The Director will review the infor-
mation for completeness and conformity with generally accepted engineering
practices and will, when satisfied with the completeness and conformity of the
study, multiply the number of services units determined by the study times the
impact fee per service unit contained in Section 26-219 above to determine the
total impact fee to be collected for the development
(5) Whenever the property owner increases the number of service units for a devel-
opment, the additional impact fees collected for such new service units shall be
determined based on the assessed fee and applicable offsets, credits, and discounts
then in effect and such additional fee shall be collected at the time the additional
meters are purchased
(6) In the event the property owner decreases the number of service units for a devel-
opment, the property owner shall be entitled to a refund of the impact fee for im-
pact fees actually paid, but only for the amounts represented by the decrease in
service units based on the assessed fee and offsets credits, or discounts applicable
at the time the fee was paid
(7) If the building permit for the property on which an impact fee is paid has expired
and a new application is thereafter filed for the identical property and the number
of service units, the impact fee previously paid satisfies the requirements of this
Article
(8) The impact fee shall attach to the property for which the impact fee was paid and
shall not be transferable to other properties or service units
(9) No building permit shall be issued if the applicant cannot verify payment of the
appropriate impact fee and other applicable fees or if existing facilities do not
have actual capacity to provide service to the new connection(s)
Sec 26-222 Collection of Impact Fees
(1) The water and wastewater impact fees per service unit to be collected at the time
of building permit shall be as set forth in Section 26-219, save and except as pro-
vided in (2) below and save and except for impact fees established by contracts
with political subdivisions or other wholesale customers
(2) No water and wastewater impact fees shall be collected for new development
Page 7
which has received final plat approval prior to the effective date of this Article if a
building permit is issued within one year of the effective date of this Article
(3) Except as otherwise provided by contracts with wholesale customers or other po-
litical subdivisions, no building permit shall be issued until all impact fees have
been paid to the City
(4) Impact fees shall not be collected for a development where services are not cur-
rently available unless the collection is made to pay for a capital improvement or
facility expansion that has been identified in the Impact Fee Capital Improve-
ments Plan and the City commits to commence construction within two years and
to 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 Notwithstanding the above restriction on the collec-
tion of impact fees, impact fees may be assessed on such development
(5) That the owner of their own owner -occupied single family homestead housing
unit may make payments of any water or wastewater impact fee assessed by in-
stallment over a period of not more than five years from the date of assessment
The owner must execute a promissory note, deed of trust, or other documents to
be prepared by the City Attorney sufficient to establish an enforceable lien on the
property All such installment payments shall be subject to interest at a rate equal
to a 12-montlm average of the 5-year Treasury Note Such note will be adjusted
annually according to the most current 12 month average
See 26-223 Offsets and Credits.
(1) The City shall offset the reasonable value of any area -related facilities, identified
in the Impact Fee Capital Improvements Plan and constructed pursuant to an
agreement with the City, which are dedicated to and received by the City on or
after the effective date of this ordinance, against the amount of the impact fee due
for that category of capital improvement
(2) The City shall offset or credit any new development which occurs subsequent to
the effective date of this ordinance, any amount of capital recovery fees which
have been collected by the City pursuant to duly adopted ordinances and any im-
pact fees collected by the City pursuant to this Article
(3) All offsets and credits against impact fees shall be subject to the following hmita-
tions and shall be granted based on this Article and additional standards promul-
gated by the City, which may be adopted as administrative guidelines
a No offset or credit shall be given for the dedication or construction of site -
related facilities
b No offset or credit shall exceed the impact fee to be collected from new
Page 8
development as established in Section 26-219
The unit costs used to calculate the offsets shall not exceed those assumed
for the capital improvements included in the Impact Fee Capital Improve-
ments Plan for the category of facility within the service area for which
the impact fee is imposed
d If an offset or credit applicable to a plat has not been exhausted within ten
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this ordinance or within such
period as may be otherwise designated by contract, such offset or credit
shall lapse
In no event will the City reimburse the property owner or developer for an
offset or credit when no impact fees for the new development can be col-
lected pursuant to this Article or for any amount exceeding the total im-
pact fees collected or due for the development for that category of capital
improvement, unless otherwise agreed to by the City
Sec 26-224 Establishment of Accounts.
(1) The City's Department of Finance shall establish separate interest -bearing ac-
counts clearly identifying the category of capital improvement (i a water facilities
and wastewater facilities) within the service area for which the impact fee is col-
lected
(2) Interest earned by each account shall be credited to the account on which it is
earned and shall be used solely for the purposes specified for impact fees as
authorized herembelow
(3) The City's Department of Finance shall establish adequate financial and account-
ing controls to ensure that impact fees disbursed from the account are utilized
solely for the purposes authorized in this Article Disbursement of funds shall be
authorized by the City at such times as are reasonably necessary to carry out the
purposes and intent of this Article, provided, however, that any fee paid shall be
expended within a reasonable period of time, but not to exceed ten years from the
date the fee is deposited into the account
(4) The City's Department of Finance shall maintain and keep adequate financial rec-
ords for each such account, which shall show the source and disbursement of all
revenues, which shall account for all monies received, the number of service units
for which the monies are received, and which shall ensure that the disbursement
of funds from each account shall be used solely and exclusively for the provision
of projects specified in the Impact Fee Capital Improvements Plan as area -related
capital projects The City's Department of Finance shall also maintain such rec-
Page 9
ords as are necessary to ensure that refunds are appropriately made in accordance
with this Article The records of the account into which impact fees are deposited
shall be open for public inspection and copying during ordinary business hours
The City may establish a fee for copying services
Sec. 26-225 Use of Proceeds of Impact Fee Accounts
(1) The impact fee collected pursuant to this Article may be used to finance or to re-
coup capital construction costs for water and wastewater facilities identified in the
Impact Fee Capital Improvements Plan and for any purpose authorized in Chapter
395 of the Texas LOCAL GovT CODE, as amended Impact fees may also be used
to pay the principal sum and interest and other finance costs on bonds, notes or
other obligations issued by or on behalf of the City to finance such capital im-
provements or facilities expansions
(2) Impact fees collected pursuant to this Article shall not be used to pay for any of
the following expenses
a Construction, acquisition, or expansion of capital improvements or assets
other than those identified for the Water and Wastewater Utility in the Im-
pact Fee Capital Improvements Plan,
b Repair, operation, or maintenance of existing or new capital improvements
or facilities expansions,
Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environ-
mental or regulatory standards,
d Upgrading, expanding, or replacing existing capital improvements to serve
existing development, provided, however, that impact fees may be used to
pay the costs of upgrading, expanding or replacing existing capital im-
provements in order to meet the need for new capital improvements gen-
erated by new development, or
Administrative and operating costs of the City
Sec 26-226 Appeals
(1) The property owner or applicant for new development may appeal the following
decisions to the City Council (a) the applicability of an impact fee to the new
development, (b) the method of calculating the amount of the impact fee due, (c)
the availability or the amount of an offset, credit or rebate, (d) the application of
an offset or credit against an impact fee due, or (e) the amount of a refund due, if
any
Page 10
(2) The burden of proof shall be on the appellant to demonstrate that the amount of
the fee or the amount of the offset, credit or rebate was not calculated according to
the provisions of this ordinance
(3) The appellant must file a notice of appeal with the City Secretary within thirty
(30) days following the determination of the amount of the impact fees to be paid
by the development If the notice of appeal is accompanied by a bond or other
sufficient surety satisfactory to the City Attorney in an amount equal to the origi-
nal determination of the impact fee due, the development application may be
processed while the appeal is pending
Sec 26-227 Refunds
(1) Any impact fee or portion thereof collected pursuant to this Article which has not
been expended within ten years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or,
if the impact fee was paid by another governmental entity, to such governmental
entity, together with interest calculated from the date of collection to the date of
refund at the statutory rate as set forth in Art 1C 002, Title 79, Revised Statutes,
or any successor statute
(2) Upon completion of all the capital improvements or facilities expansions identi-
fied in the Impact Fee Capital Improvements Plan upon which the fee was based,
the City shall recalculate the maximum impact fee per service unit using the ac-
tual costs for the improvements or expansions If the maximum impact fee per
service unit based on actual cost is less than the impact fee per service unit paid,
the City shall refund the difference if such difference exceeds the impact fee paid
by more than 10 percent The refund to the record owner or governmental entity
shall be calculated by multiplying such difference by the number of service units
for the development for which the fee was paid, and interest due shall be calcu-
lated upon that amount
(3) Upon the request of an owner of the property on which an impact fee has been
paid, the City shall refund such fees if
Existing service is available and service is denied, or
Service was not available when the fee was collected and the City has
failed to commence construction of facilities to provide service within two
years of fee payment, or
Service was not available when the fee was collected and has not subse-
quently been made available within a reasonable period of time consider-
ing the type of capital improvement or facility expansion to be con -
Page 11
structed, but in any event no later than five years from the date of the
payment
(4) The City shall refund an appropriate proportion of impact fee payments in the
event that a previously purchased but uninstalled water meter for which the im-
pact fee has been paid is replaced with a smaller meter, based on the per service
unit differential of the two meter sizes and the fee per service unit at the time of
the original fee payment
(5) A petition for refund under this Section shall be submitted to the Director on a
form provided by the City for such purpose Within one month of the date of re-
ceipt of a petition for refund, the Director must provide the petitioner, in writing,
with a decision on the refund request, including the reasons for the decision If a
refund is due to the petitioner, the Director shall notify the Assistant City Man-
ager of Finance and request that a refund payment be made to the petitioner
Sec 26-228 Update of Plan and Revision of Fees
The City shall review the Land Use Assumptions and Impact Fee Capital Improvements
Plan for water and wastewater facilities at least every three years, with the first three year
period to commence from the date of adoption of the Impact Fee Capital Improvements
Plan referenced herein The City Council shall accordingly make a determination of
whether changes to the land use assumptions, Impact Fee Capital Improvements Plan or
impact fees are needed and shall, in accordance with the procedures set forth in Chapter
395 of the TEXAS LOCAL GovT CODE, or any successor statute, either update the fees or
make a determination that no update is necessary
Sec 26-229 Agreement for Capital Improvements
An owner of a new development may construct or finance a capital improvement or fa-
cility expansion designated in the Impact Fee Capital Improvements Plan, if required or
authorized by the City, by entering into an agreement with the City prior to the issuance
of any building permit for the development The agreement shall be on a form approved
by the City and shall identify the estimated cost of the improvement or expansion, the
schedule for initiation and completion of the improvement or expansion, a requirement
that the improvement be designed and completed to City standards and such other terms
and conditions as deemed necessary by the City The agreement shall provide for the
method to be used to determine the amount of the offset to be given against the impact
fees due for the development or any reimbursement to the owner for construction of the
facility
Sec 26-230 Use of Other Financing Mechanisms
(1) In addition to the use of impact fees, the City may finance water and wastewater
capital improvements or facilities expansions designated in the Impact Fee Capital
Page 12
Improvements Plan through the issuance of bonds, through the formation of pub-
lic improvements districts or other assessment districts, or through any other
authorized mechanism, in such manner and subject to such limitations as may be
provided by law
(2) Except as otherwise provided herein, the assessment and collection of a impact
fee shall be additional and supplemental to, and not in substitution of, any other
tax, fee, charge or assessment which is lawfully imposed on and due against the
property
(3) The City may pay all or part of impact fees due for a new development taking into
account available offsets and credits pursuant to duly adopted criteria
Sec 26-231 Conflicting Ordinances
All ordinances or parts of ordinances in force when the provisions of this ordinance be-
come effective which are inconsistent or in conflict with the terms or provisions con -
tamed in this ordinance are hereby repealed to the extent of the conflict
SECTION IV. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
SSECTION V That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity
SECTION VI. That this ordinance shall become effective fourteen (14) days from the
date of its passage and the City Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chromcle, a daily newspaper published in the City
of Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the 15z4h day ofdwy&4j998
JAC LLER, MAYOR
Page 13
ATTEST
JENNIFEP2 WALTERS, CITY SECRETARY
BY
APP OVED AS O LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
\\CH LGL\VOLMRARUD\DE?MGL\Ow Documents\0rdlnmcwWfimpnct fm dm
Page 14
CITY OF
DENTON, TEXAS
IMPACT FEE
CAPITAL IMPROVEMENTS PLAN
A
LEE r'-AD III
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6510100
August 1998
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Welk EWRONMENT, ES ENGINEERS DESIGNERS SCIEMISTS
INTRODUCTION
The City of Denton has experienced significant growth in recent years and is projected to experience even
greater growth in the near future as the overall growth in the DFW Metroplex continues to Denton While
Denton has grown at a rate of about 2% per year from 1990 through 1997, as shown in Table 1, the City's
water and wastewater service areas are expected to grow at greater than a 5% per year rate through 2009
This will translate into an increase of over 45, 000 new people requiring water service and over 50,000
requiring wastewater service during this period In order to provide adequate service to both existing and
new customers, it will be necessary to significantly improve both the water and wastewater system's
infrastructure, including new treatment facilities, new storage and pumping facilities, and new conveyance
facilities
In order to help finance the improvements necessary to meet the increased demands generated b-. these
projected increases in population, the Legislature has enacted legislation enabling cities to charge a Capital
Impact Recovery (Impact) fee to each new commercial and residential development
A Capital Improvements Plan has been developed according to the requirements of state law to be used
as the basis for the preparation of impact fee ordinances for water and wastewater facilities The Capital
Improvements plan identifies the capital improvements that will be required during the 10-year period from
1999 to 2009, and determines the portion of the costs of those facilities that are attributable to growth over
the 10-year planning period
The water and wastewater impact fees are being developed in phases This first phase covers only the costs
associated with centralized water supply, treatment and storage facilities and wastewater treatment
facilities The second phase will cover water transmission and distribution and wastewater collection and
pumping facilities The second phase will be completed once the City's comprehensive planning has been
completed and a preferred growth scenario has been identified
PROJECTED SYSTEM DEMANDS
The City of Denton's water and wastewater service areas are defined in the City's Certificate of
Convenience and Necessity (CCN) as approved by the Texas Natural resource conservation Commission
(TNRCC) for water and wastewater service While these areas are similar for water and wastewater
service, the-. are not identical, as shown in Figures 1 and 2
As shown in Table 2, the population of the City's water service area is projected to increase from 78,931
in 1999 to 121,362 in 2009 Of this amount it is estimated that approximately 97% of these people will
actually be served by the City of Denton, or 117,700 (The remainder will be on individual wells or other
private water systems ) Similarly, the City's wastewater service area is expected to increase from 85,190
in 1999 to 130,987 in 2009 It is estimated that 89% will actually be served by the City's wastewater
collection system, or 116,500 (The remainder being on individual septic systems)
6510iMtKhmmo 1
CRv of Denton Impact Fee Capital Improvements Plan
In 1999, it is estimated that the City will serve 73,300 people with its water system and 74,300 with it's
wastewater collection system The service population of the water system is expected to increase by over
44,000 people by 2009, an increase of over 60% The wastewater service area population is projected to
increase by over 42,000 people by 2009, an increase of over 55%
Over the last 10 years, the City of Denton's maximum day water use has varied between a low of 281
gallons per capita per day (gpcpd) in 1992 to a high of 376 gpcpd in 1988, as shown in Table 3 For the
purposes of this Capital Improvements Plan, a value of 360 gpcpd will be used The average annual water
use over the past 10 years has vaned between a low of 141 gpcpd in 1995 to a high of 182 gpcpd in 1998
A value of 180 gpcpd will be used in this Capital Improvements Plan
Using these values for peak -day and average -annual per capita water use, a total peak -day demand of 42 37
million gallons per day (MGD) is projected for 2009, increasing from 26 39 MGD in 1999, and 21 19
MGD for an annual average water use in 2009, increasing from 13 19
MGD in 1999, as shown in Table 4
The average -annual wastewater flow rate has vaned from a low of 138 gpcpd in 1993 to a high of 178
gpcpd in 1997, as shown in Table 5 A value of 170 gpcpd has been used for planning in this Capital
Improvements Plan The total annual -average wastewater flow is projected to be 19 81 MGD in 2009,
increasing from 12 63 MGD in 1999, as shown in Table 6
It should be noted that these system demand projections are based strictly on projected growth in retail
utility customers, and do not include demands from wholesale customers
CAPITAL IMPROVEMENTS
Water Supply
Water supply facilities are designed based on projected average -annual water use The City of Denton's
water supply comes primarily from water rights in Lake Lewisville and Lake Ray Roberts The City has
rights to approximately 4 34 MGD in Lake Lewisville and approximately 19 8 MGD in Lake Ray Roberts
The City also receives credits for approximately 127 MGD of wastewater return credits into these two
reservoirs for a total raw water supply of 25 45 MGD Since the City's total average -annual water demand
in 2009 is projected to be 21 19 MGD, the City has sufficient water supply for the planning period
Water Treatment and System -Wide Distribution and Storage
The City's water treatment facilities are designed to accommodate the projected peak -day demands on the
water system The City's existing Spencer Road Water Treatment Plant (WTP) has a maximum daily
treatment capacity of 28 9 MGD Consequently there are no current deficiencies in water treatment
capacity However, by 2009 the City will need approximately 13 47 MGD of new treatment capacity
The City has begun planning to construct a new water treatment plant near Lake Ray Roberts, the Lake Ray
Roberts WTP, in 10 MGD phases In order to meet the projected 2009 demand the initial 10 MGD
facilities and one 10 MGD expansion will be required
65101 W WhmW m 1
City of Denton Imow Fee Capital Improvements Plan
In order to transport the treated water into Denton, a new 48-inch diameter water transmission line will
need to be constructed as well as a new booster pump station with ground storage, and new transmission
lines from the pump station to connect to the City's existing water distribution system
The City's Water Distribution System Master Plan completed in 1997, identified two elevated storage tanks
and a booster pump station as being needed within the next 10 years A third required elevated storage
tank identified in Master plan is needed to alleviate existing deficiencies in the water system
Wastewater Treatment
The City's current wastewater treatment plant (W WTP) has a design capacity of 15 MGD In order to meet
the projected demand of 19 81 MGD, the current plant will need to be expanded The WWTP has been
designed to accommodate another 6 MGD expansion on the current site, which will be sufficient to satisfy
the projected demands through 2009
CAPITAL COSTS
Opuuons of necessary capital costs for the system wide treatment, storage, and pumping facilities described
above are shown in Tables 7 and 8 About $44 milhon in attributable capital costs will be required to serve
new water customers anticipated over the 1999 to 2009 period About $15 million will be required to
serve new wastewater system customers
6510100/tcdm. 1
TABLE t
POPULATION OF WATER/WASTEWATER SERVICE AREAS
City of
Water
Wastewater
Denton
Service Area
Service Area
1997 Population
71,450
74,400
80,300
1999 Population
NA
78,931
85,190
2009 Population
NA
121,362
130,987
Annual Growth Rate, 1997-99
NA
3 0%
3 0%
Annual Growth Rate 1999 09
NA
5 4%
5 4%
Source City of Denton, Land Use Assumptions, April 22, 1998 (growth rates are
uncompounded)
Figure 1
Water Service Area
i
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Figure 2
Wastewater Service Area
3 63
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TABLE 2
WATER AND WASTEWATER SERVICE AREA POPULATIONS, 1988-2009
Water Service Area
Wastewater Service
Area
Total
Service
Percent
Total
Service
Percent
Year
Population
Population
Served
Population
Population
Served
1988
57,000
59,400
1989
58,000
60,400
1990
59,300
61,900
1991
60,200
62,900
1992
61,200
63,900
1993
62,500
65,400
1994
64,400
67,300
1995
84,900
67,800
1996
65,800
68,800
1997
74,400
68,900
93%
80 300
70 000
87%
1998
76,632
71,100
93%
82,709
72,150
87%
1999
78,931
73,300
93%
85,190
74,300
87%
2000
81,299
75,200
92%
87 746
76 500
87%
2001
83,738
77 500
93%
90,378
78,800
87%
2002
86,250
79,800
93%
93,090
81 200
87%
2003
90,562
87,800
97%
97,774
86,900
89%
2004
95,091
92,200
97%
102,631
91,300
89%
2005
99,845
96,800
97%
107,763
95,900
89%
2006
104,837
101,700
97%
113151
100,700
89%
2007
110,079
106,800
97%
118,809
105,700
89%
2008
115,583
112,100
97%
124 749
111,000
89%
2009
121,362
117,700
97%
130 987
116 500
89%
Source Total population from City of Denton, Land Use Assumptions service population
from Alan Plummer Associates, Phase l Impact Fee CIP Schedule May 28 1998
TABLE 3
WATER DEMAND PER CAPITA, 1988.1997
Total Demand (MGD)
Service
Per Capita (gpcd)
Year
Peak
Average
Population
Peak
Average
1988
21 42
1038
57,000
376
182
1989
18 97
9 24
58,000
327
159
1990
2072
1037
59,300
349
175
1991
21 72
985
60,200
361
164
1992
17 22
8 91
61,200
281
146
1993
2274
990
62,500
364
158
1994
1881
906
64,400
292
141
1995
2005
912
64,900
309
141
1996
2268
1209
65,800
345
184
1997
2333
1091
68,900
339
158
Assumed for System Demand Projections
360
180
Source. Peak day and annual finished water production (excluding wholesale use) from Alan Plummer
Associates, Inc , Phase I Impact Fee CIP Schedule May 28 1998 water service population from
Table 2
TABLE 4
PEAK AND AVERAGE WATER DEMAND, 1999-2009
Service
Per Capita (ancd)
System
Demand (MOD)
Year
Population
Peak
Avg
Peak
Avg
1999
73,300
360
180
26 39
13
19
2000
75,200
360
180
2707
13
54
2001
77,500
360
180
2790
1395
2002
79,800
360
180
2873
1436
2003
87 800
360
180
31 61
15
80
2004
92,200
360
180
3319
1660
2005
96,800
360
180
3485
1742
2006
101,700
360
180
36 61
18
31
2007
106 800
360
180
38 45
19
22
2008
112,100
360
180
4036
2018
2009
117,700
360
180
4237
21
19
New Demand,
1999-2009
15 98
800
Source. Service population from Table 2 per capita demand from Table 3
TABLE 5
WASTEWATER DEMAND PER CAPITA, 1988.1997
Year
TO Demand
(MOD)
Service
Population
Per Capita
(gpcd)
1988
928
59,400
156
1989
927
60,400
153
199D
987
51,900
159
1991
944
62 900
150
1992
943
63,900
148
1993
904
65,400
138
1994
930
67,300
138
1995
ii 32
67,800
167
1996
1095
68,800
159
1997
1248
70,000
178
Assumed for Projections
170
Source. Average daily wastewater flows during peak month from Alan Plummer Associates, Inc, Phase I
Impact Fee CIP Schedule, May 28, 1998, wastewater service population from Table 2
TABLE 6
WASTEWATER DEMAND, 1999.2009
Per Capita
System
Service
Demand
Demand
Year
Population
(gpcd)
(MGD)
1999
74,300
170
1263
2000
76,500
170
1301
2001
78,800
170
13 40
2002
81,200
170
1380
2003
86 900
170
1477
2004
91,300
170
1552
2005
95,900
170
1630
2006
100,700
170
17 12
2007
105,700
170
1797
2008
111,000
170
1887
2009
116,500
170
1981
New Demand, 1999
2009
7 18
Source. Service population from Table 2, per capita demand from Table 5
TABLE 7
WATER TREATMENT/PUMPINO/STORAGE COSTS, 1999-2009
Capacity IMGO) Percent
Total Needed 1999.2009 Total Cost Eligible Cost
Existing Spencer Road WTP 2890 251 8 69% $45,300,000 $3,937,000
Lake Ray Roberts WTP, Phase 1
1000 1000 100 00% $25,000,000 $25,000,000
Lake Ray Roberts WTP, Phase 2
1000
347
34 70%
$15,000,000
$5,205,000
Subtotal, Water Treatment
4890
1598
NA
$85,300,000
$34,142,000
Hartlee Field Road Booster Pump Station
1600
1347
84 19%
$4,500,000
$3,789,000
High School Booster Pump Station
1600
1347
84 19%
$652,000
$549,000
Main Transmission Line from Ray Roberts WTP
4400
1347
30 61%
$4,875 000
$1,492,000
Booster Pump Station Tie -In
4400
1347
30 61 %
$1,400,000
$429 000
University Tank (2 0 MG)
NA
NA
75 00%
$2,750,000
$2,063,000
135 @ Loop 88 Tank (1 0 MG)
NA
NA
100 00%
$1,140,000
$1,140,000
Subtotal Water Pumping/Storage
NA
NA
NA
$15,317,000
$9,462,000
Total, Water Treatment/Pumping/Storage
NA
1598
43 34%
$100 617,000
$43,604,000
Source, Improvements and cost estimates from Alan Plummer Associates Inc Phase I Impact Fee CIP
Schedule, May 28, 1998, cost of existIng Spencer Road water treatment plant is depreciated
replacement cost based on City of Denton, Fixed Assets Depreciabon Report, September 30, 1997
and Engrneenng News -Record Construction Cost Index (current = March 1998), total peak water
capacity needed from Table 4, total capaci8es and percent of water tanks attributable to growth from
memo from P S Aurora, P E , City of Denton Public Works, April 20, 1998
TABLE e
WASTEWATER TREATMENT COSTS, 1999-2009
Capacity IMGO) Percent
Total
Needed
1999.2009
Total Cost
Eligible Cost
Existing, Wastewater Treatment Plant
6 MGD Expansion
1500
600
237
481
15 80%
80 17%
$21,114,000
$15,000,000
$3,336,000
$12,026 000
Total. wastewater Treatment
2100
7 18
NA
$36,114,000
$15,362,000
Source, Improvements, capacities, and cost estimates from Alan Plummer Associates, Inc Phase I Impact
Fee CIP Schedule, May 28, 1998, total capacity needed from Table 6
That the owner or developer of an owner occupied single family
housing unit may make payments of any water or wastewater
impact fee assessed by installment over a period of not more than
thirty-six months from the date of assessment The owner or
developer must execute a promissory note, deed of trust, or other
documents to be prepared by the City Attorney sufficient to
establish an enforceable lien on the property All such installment
payments shall be subject to interest at the rate equal to the last 12-
month average of the 5-year Treasury bill rate
EXHIBIT IV
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