1998-301FILE REFERENCE FORM 98-301
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amended b Ordinance No. 2003-137 05/13/03. JR
Amended by Ordinance No. 2004-183 07/20/04 )R
Amended by Ordinance No. 2008-156 07/15/08 JR
AN ORDINANCE OF THE CITY OF D,,E,N~TON, TEXAS ADOPTING "IMPACT FEES" BY
AMENDING 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 FOR 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
W~-IEREAS, TEX Loc GOVT CODE, Chapter 395 anthonzes 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-
qmrement of Chapter 395, and
W~rIEREAS, the City of Denton, having complied with all substantive and procedural re-
qmremen~s of Chapter 395, finds it necessary and appropriate to estabhsh water and wastewater
impact f~es to pay the costs of eertmn capital improvements for new development, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
Si ~ That the facts and remtatlons contained m the preambles of this Ordinance
are hereb' r found and declared to be true and correct
SI ~ That the Capital Improvements Plan for Water and Wastewater Impact
Fees preg axed by Duncan Associates in association with Applied Geographic Technologies and
Alan Plu rimer Associates, which is attached hereto and incorporated by reference ~s hereby
adopted
~ 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
T~ls Article shall be known and cited as the Denton Impact Fee Ordinance
Sec 26-211 Statement of Purpose.
This Article ~s intended to assure the provision of adequate public facilities to serve new
development in the C~ty by requiring each development to pay its proportional share of
the costs of such improvements necessitated by and attrlbntable to such new development
as related to water and wastewater capital ~mprovements
Sec 26-212 Authority
Tbas Article ~s adopted pursuant to Chapter 395 of the TEXAS LOCAL GOVT CODE and
pursuant to the Denton Charter The prowstons 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 aeeomphsh the purposes set forth herein, either m substitution
or in conjunction with this Article
Sec 26-213 Definitions.
(1) Area-related facility: A capital ~mprovement or facflzty expanmon which ts
des~gnatad m thc Impact Fee Capital Improvements Plan and which ts not a site-
related facility Area-related faeflzty may mclude a capital xmprovement whzch ts
located offs~te, within, or on the perimeter of the development site
(2) Assessment. The determination of thc amount of the maximum impact fee per
service umt which can be imposed on new development pursuant to th~s Article
(3) Capital Improvement' Any water supply, or treatment facilities, or wastewater
treatment facilities that have a hfe expectancy of three (3) or more years and are
owned and operated by or on behalf of the C~ty
(4) Director: The D~reetor of Water Utiht~es for the City of Denton or h~s or her
destgnee
(5) Facility Expansion: The expanston of the capacity of any existing facility for the
purpose of serving new development The term does not include the repair,
maintenance, modermzatlon 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 tn association
with Apphed Geograpbac Technologies and Alan Plummer Assocmtes and
adopted by the C~ty Cotmcfl 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 ~nvolving 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 faclhty expansions, measured by the
serwce units to be generated by such activity, and which reqmres either the ap-
proval and filing of a plat or replat pursuant to the City's subdivision regulations,
the issuance of a braiding permit
(9) Service Area. That area within the corporate limits and the extraterritorial juris-
diction of the City of Denton to be served by the water and wastewater capital
improvements or faclhtles 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 Umt: A standardized measure of consumption, use, generation or dis-
charge attributable to an individual unit of development calculated in accordance
with generally accepted englneenng or planning standards for a particular cate-
gory of capital improvements or faclhty expansions For water and wastewater fa-
clhtles, the service unit shall constaute the basis for establishing equivalency
wlthm various customer classes based upon the relationship of the continuous
duty maximum flow rate m gallons per m~nute 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 3/4qnch diameter s~mple water meter using American Water Works As-
sociation C700-C703 Standards
(11) Single Family Equivalency (SFE)' An equivalency factor, based on the demand
associated w~th the smallest water meter used ~n the City of Denton utdlty system
SFEs are utilized to establish the number of service traits to be allocated to van-
ous meter s~zes used in the C~ty of Denton utthty system
(12) Site-related facility' An improvement or facility which ~s 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 facthtles to serve the new devel-
opment and which is not included ~n 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 C~ty's water or wastewater system within
the service area without the assessment of an impact fee pursuant to this Article and no
bmldmg permit shall be ~ssued until the applicant has prod the impact fee imposed herein
P~e3
Sec 26-215 Land Use Assumptions.
(1) The Land Use Assumptions for the Ctty accepted by the Ctty Council ~n Resolu-
tion R98-028 dated June 16, 1998, on record tn the Office of the Denton Planmng
Department, are hereby adopted and incorporated by reference
(2) Smd Land Use Assumptions for the C~ty shall be updated at least every three
years utilizing the amendment procedure set forth m Chapter 395 of the TEXAS
LOCAL GOVT CODE
(3) Amendment to the Land Use Assumpttons shall tncorporate projecttons of
changes ~n land uses, densmes, mtenstt~es and populatton for the servme area over
at least a ten year period
Sec. 26-216 Water Impact Fee Service Area
(1) There ~s hereby estabhshed a Water Impact Fee Service Area, the boundaries of
whmh are depmted on the map attached hereto as "Exh~btt A" and ~ncorporated
herein by reference
(2) The boundaries of the Water Impact Fee Servme Area may be amended from t~me
to t~me m accordance w~th the procedures set forth ~n Chapter 395 of the TEX^S
LOCAL GOVT CODE
Sec 26-217 Wastewater Impact Fee Service Area
(1) There ts hereby estabhshed a Wastewater Impact Fee Servme Area, the bounda-
ries ofwhmh are depmted on the map attached hereto as "Exhrbtt B" and tncorpo-
rated here~n by reference
(2) The boundaries of the Wastewater Impact Fee Servme Area may be amended
from t~me to ttme m accordance wtth thc procedures set forth tn Chapter 395 of
the TEXAS LOCAL GOVT CODE
Sec 26-218 DeterminaUon of Service Umts.
(1) The number of servme umts for both water and wastewater servme ts determined
by the s~ze of the water meter purchased for the property m accordance w~th the
followtng schedule
Page 4
METER EQUIVALENCY FACTORS
Water Maximum SFEs
Meter Capacity per
Size (aoml Meter
~8" x 3/4" 10 1 0
1" 25 2 5
1-1/2" 50 5 0
2" 80 8 0
3" 160 16 0
4" 250 25 0
6" 500 50 0
8" 800 80 0
10" 1,150 115 0
(2) If a larger or smaller meter is required solely due to abnormally low or h~gh pres-
sure in the City's main, the D~rector may adjust the number of service umts to re-
flect more accurately the flow rate and system pressure conditions
Sec 26-219 Impact Fees Per Service Unit
(1) The maximum ~mpact fee per service unit shall be computed by dividing the cost
of water and wastewater capital ~mprovements and facilities expansions necessi-
tated by and attributable to new development ~dent~fied m the Impact Fee Capital
Improvements Plan for each category of capital ~mprovements by the total num-
ber of projected service units m the ~mpact fee service area based upon the Land
Use Assumptions
(2) The maximum impact fee per serwce umt for water facilities w~thm the water
service area shall be Two Thousand Forty-Four ($2,044 00) Dollars
(3) The maximum ~mpaet fee per service umt for wastewater facilities w~th~n the
wastewater service area shall be Four Hundred Eighty-three ($483 00) Dollars
Sec 26-220 Assessment of Impact Fees
(1) The approval of any new development w~thln the Water or Wastewater Service
Areas shall include as a conchtlon of development the assessment of the impact
fee appheable to such development
(2) The impact fee per service umt to be assessed w~thm the servme area shall be an
amount less than or equal to the maximum impact fee per service unit as set forth
m Section 26-219 above
Page 5
(3) Assessment of the water and wastewater impact fees for any new development
shall be made as follows
a For new development wlunh is submitted for approval pursuant to the
City's sub&vision 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 servme 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 replattlng 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 se~vme unit then in effect as set forth m Section 26-219 above
c 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 COVE §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
See. 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,
c Total service units shall be multiplied by the collected fee per service unit
for water or wastewater service as estabhshed in Section 26-219 above,
d All applicable offsets, credits or discounts per service umt 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 englneenng
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 umt 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 addmonal 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 prod, 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 prod
(7) If the bmldlng permit for the property on which an impact fee is ptud has expired
and a new application is thereafter filed for the identical property and the number
of service units, the impact fee previously prod satisfies the requirements of this
Article
(8) The impact fee shall attach to the property for which the impact fee was prod 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 servme 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
ofbmlthng permit shall be as set forth in Section 26-219, save and except as pro-
vlded 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
P~e7
which has received final plat approval prior to the effective date of thru Artmle ff a
building permtt ~s tssued w~thm one year of the effective date of tlus Article
(3) Except as otherwise pmwded by contracts w~th wholesale customers or other po-
htmal subdiwsions, no bufldmg permit shall be ~ssued until all ~mpact fees have
been paid to the Ctty
(4) Impact fees shall not be collected for a development where serwces are not cur-
rently available unless the collection ~s made to pay for a capital ~mprovement or
facility expanston that has been identified m the Impact Fee Capital Improve-
ments Plan and the C~ty commits to commence construction within two years and
to have the service available w~thm a reasonable permd of t~me considering the
type of capital ~mprovement or famhty expansion to be constructed, but ~n 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 s~ngle family homestead housing
umt may make payments of any water or wastewater ~mpact fee assessed by ~n-
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 estabhsh an enforceable hen on the
property All such installment payments shall be subject to interest at a rate equal
to a 12-month average of the 5-year Treasury Note Such note will be adjusted
annually according to the most current 12 month average
Sec 26-223 Offsets and Credits.
(1) The C~ty shall offset the reasonable value of any area-related facilities, ~dentffied
m the Impact Fee Capital Improvements Plan and constructed pursuant to an
agreement w~th the Ctty, whmh are dedmated to and received by the C~ty on or
after the effective date of this ordinance, against the amount of the impact fee due
for that category of capital ~mprovement
(2) The Ctty shall offset or credit any new development wluch occurs subsequent to
the effective date of this ordinance, any amount of capflal recovery fees which
have been collected by the City pursuant to duly adopted ordinances and any im-
pact fees collected by the C~ty pursuant to thru Arttcle
(3) All offsets and credits against m~pact fees sball be subject to the following lnmta-
t~ons and shall be granted based on tlus Arttcle and additional standards promul-
gated by the C~ty, whtch may be adopted as adm~mstrat~ve gmdehnes
a No offset or credit shall be g~ven for the dedmat~on or construction of s~te-
related faclhties
b No offset or credtt shall exceed the impact fee to be collected from new
Page 8
development as estabhshed m Section 26-219
c The unit costs used to calculate the offsets shall not exceed those assumed
for the capital improvements ~ncluded ~n the Impact Fee Capital Improve-
ments Plan for the category of facility w~th~n the service area for whmh
the ~mpact 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 acqmslt~on 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
e In no event will the City reimburse the property owner or developer for an
offset or cmdtt 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 estabhsh separate ~nterest-beanng ac-
counts clearly identifying the category of capital ~mprovement 0 e water facilities
and wastewater facilities) within the servme area for which the ~mpact 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 Fmance shall estabhsh adequate financial and account-
lng controls to ensure that impact fees dmbursed from the account are utilized
solely for the purposes authonzed 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 prod shall be
expended within a reasonable period oft~me, but not to exceed ten years from the
date the fee is deposited into the account
(4) Thc City's Department of Finance shall mmntmn and keep adequate financial rec-
ords for each such account, which shall show the soume and disbursement of all
revenues, which shall account for all momes received, the number of servme umts
for wluch the momes are received, and which shall ensure that the dtsbursement
of funds from each account shall be used solely and exclusively for the provlsxon
of projects specified m the Impact Fee Capital Improvements Plan as area-related
capital projects The City's Department of Finance shall also mmntmn such rec-
P~e9
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 pubhc inspection and copying dunng or&nary business hours
The C~ty may estabhsh a fee for copying services
See. 26-225 Use of Proceeds of Impact Fee Accounts
(1) The ~mpact fee collected pursuant to th~s Article may be used to finance or to re-
coup capital construction costs for water and wastewater facthtles ~dentffied in the
Impact Fee Capital Improvements Plan and for any purpose authorized in Chapter
395 of the TEX^S LOC^L GOVT CODE, as amended Impact fees may also be used
to pay the pnnclpal sum and interest and other finance costs on bonds, notes or
other obhgatlons issued by or on behalf of the C~ty to finance such capital ~m-
provements or faclhtles expansions
(2) Impact fees collected pursuant to this Arhcle shall not be used to pay for any of
the following expenses
a Construction, acqmslt~on, or expansion of capital ~mprovements or assets
other than those ldentffied 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 faclht~es expansions,
c Upgrading, expan&ng, 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 ~mprovements to serve
existing development, provided, however, that impact fees may be used to
pay the costs of upgra&ng, expan&ng or replamng existing capital im-
provements in order to meet the need for new capital improvements gen-
erated by new development, or
e Administrative and operating costs of the City
See 26-226 Appeals
(1) The property owner or apphcant for new development may appeal the following
decisions to the City Council (a) the appllcablhty of an impact fee to the new
development, (b) the method of calculating the amount of the impact fee due, (c)
the avmlabthty or the amount of an offset, credit or rebate, (d) the apphcat~on of
an offset or cre&t agmnst an ~mpact fee due, or (e) the amount of a refund due, if
any
Page ~l 0
(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 prows~ons of th~s ordmance
(3) The appellant must file a not,ce of appeal with the C~ty Secretary within thirty
(30) days following the determination of the amount of the impact fees to be prod
by the development If the notice of appeal is accompamed by a bond or other
sufficient surety satisfactory to the City Attorney in an amount equal to the origi-
nal determination of the ~mpact fee due, the development apphcat~on may be
processed whale the appeal ~s pending
See 26-227 Refunds
(1) Any impact fee or portion thereof collected pursuant to this Article which has not
been expended w~thm ten years from the date of payment, shall be refunded, upon
apphcat~on, to the record owner of the property at the time the refund ~s paid, or,
if the impact fee was prod by another governmental entity, to such governmental
entity, together w~th interest calculated from the date of collection to the date of
refund at the statutory rate as set forth ~n Art lC 002, Title 79, Rewsed Statutes,
or any successor statute
(2) Upon completion of all the capital ~mprovements or faclhtles expansions identi-
fied m the Impact Fee Capital Improvements Plan upon which the fee was based,
the C~ty shall recalculate the maximum impact fee per servme unit using the ac-
tual costs for the improvements or expansmns If the maximum impact fee per
service umt based on actual cost ~s less than the impact fee per service umt pard,
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 mult~plylng such difference by the number of serwce un~ts
for the development for which the fee was paid, and ~nterest due shall be calcu-
lated upon that amount
(3) Upon the request of an owner of the property on whmh an ~mpact fee has been
paid, the City shall refund such fees if
a Ex~stlng serwce is avmlable and service is denied, or
b Service was not available when the fee was collected and the City has
faded to commence construction of factht~es to provide service within two
years of fee payment, or
c Service was not available when the fee was collected and has not subse-
quently been made avmlable within a reasonable period of time consider-
lng the type of capital improvement or facthty expansion to be con-
Page
structed, but m any event no later than five years from the date of the
payment
(4) The C~ty shall refund an appropriate proportion of impact fee payments in the
event that a previously purchased but anlnstalled water meter for whmh the
pact fee has been prod is replaced with a smaller meter, based on the per servme
trait dffferentml of the two meter s~zes and the fee per service umt at the time of
the original fee payment
(5) A petltxon for refund under this Section shall be submitted to the D~rector on a
form provided by the City for such purpose W~thln one month of the date of re-
ceipt of a pat~t~on for refund, the Director must provide the petitioner, ~n writing,
with a dems~on 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
See 26-228 Update of Plan and Revision of Fees
The Cxty 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 hereto The C~ty Councd shall accordingly make a determination of
whether changes to the land use assumptions, Impact Fee Capital Improvements Plan or
~mpact fees are needed and shall, xn accordance with the procedures set forth ~n Chapter
395 of the TEXAS LOCAL GOVT CODE, or any successor statute, e~ther update the fees or
make a determination that no update ~s necessary
Sec 26-229 Agreement for Capital Improvements
An owner of a new development may construct or finance a capital improvement or fa-
c~hty expansxon desxgnated m the Impact Fee Capital Improvements Plan, xf required or
atlthonzed by the City, by entenng into an agreement wxth the City prior to the issuance
of any bmldmg permit for the development The agreement shall be on a form approved
by the Cxty and shall identify the estimated cost of the improvement or expansion, the
schedule for ~mtmt~on and completion of the ~mprovement or expansion, a reqmrement
that the improvement be designed and completed to City standards and such other terms
and condxt~ons as deemed necessary by the City The agreement shall provide for the
method to be used to determme the amount of the offset to be given agmnst the impact
fees due for the development or any reimbursement to the owner for construction of the
fac~hty
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 facdltxes expansions designated in the Impact Fee Capital
Page
Improvements Plan through the Issuance of bonds, through the formation of pub-
11c improvements districts or other assessment thstrlcts, or through any other
anthonzed mechamsm, in such manner and subject to such hmatatlons as may be
provided by law
(2) Except as otherwise pmmded here~n, the assessment and collection of a impact
fee shall be additional and supplemental to, and not in substatutlon of, any other
tax, fee, charge or assessment which is lawfully amposed on and due agmnst the
property
(3) The City may pay all or part of ampact fees due for a new development taking into
account avmlable offsets and crc&ts pursuant to duly adopted criteria
See 26-231 ConflletlngOrdmanees
All ordinances or parts of ordinances In force when the provlsaons of this or&nance be-
come effective whach are inconsistent or in conflict with the terms or provlsaons con-
tinned in thas ordinance are hereby repealed to the extent of the conflmt
SECTION IV. That any person violating any provmon of thas ordinance shall, upon
convlctaon, be fined a sum not exceechng $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
SECTION V That if any section, subsection, paragraph, sentence, clause, phrase or
word an this ordinance, or appllcataon thereof to any person or circumstances is held ~nvahd by
any court of competent jurlsdmtaon, such holding shall not affect the vahdlty of the remmnlng
porhons of this ordinance, and the City Counml of the Caty of Denton, Texas hereby declares ~t
would have enacted such remalmng portmns despite any such vahdlty
$]~CTION VI. That thas 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 an the Denton Record-Chromcle, a dally newspaper published in the Caty
of Denton, Texas, w~tfun ten (10) days of the date of its passage
PASSEDAND APPROVED thls the /~ dayof~998
Page 1 $
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~ovED'is~O LEGAL FOR~
HERBERT L PROUTY, CITY ATTORNEY
BY ~ l
Page 14
CITY OF
DENTON, TEXAS
IMPACT FEE
CAPITAL IMPROVEMENTS PLAN
6510100
CIty. of Denton Impact Fee CapItal Improvements Plan
INTRODUCTION
The City of Denton has experienced s~gmficant growth in recent years and is projected to experience even
greater growth tn 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 tn 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 wall translate into an tncrease of over 45,000 new people reqtnrtng water service and over 50,000
reqmnng wastewater sermce dunng tins penod In order to provide adequate service to both exastmg and
new customers, it will be necessary to significantly ~mprove both the water and wastewater system's
infrastructure, tncludmg new treatment facthttes, new storage and pumping facdtues, and new conveyance
facilities
In order to help finance the improvements necessmy to meet the ~ncreased demands generated bx these
projected tncreasas tn population, the Legislature has enacted legislation enabhng crees 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 reqtnrements of state law to be used
as the basis for the preparattnn of impact fee ordtnances for water and wastewater facdmes The Capital
Improvements plan identifies the capital improvements that wall be required during the 10-year period from
1999 to 2009, and determines the posen of the costs of those facdities that are attributable to growth over
the 10-year planntng period
The water and wastewater impact fees are being developed m phases TI'ns first phase covers only the costs
associated wath centralized water supply, treatment and storage facilities and wastewater treatment
facdlttes The second phase will cover water transmission and distribution and wastewater collection and
pumping famht~es The second phase will be completed once the C~ty'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
Convetnence 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 wastex~ater
service, the, are not identical, as shown in Figures 1 and 2
As shown tn Table 2, the population of the City's water service area is projected to increase from 78,931
~n 1999 to 121,362 in 2009 Of this mount it ~s estimated that approximately 97% of these people will
actually be served by the City of Denton, or 117,700 (The remmnder 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 m 2009 It is estimated that 89% will actually be served by the City's wastex~ater
collection s.~ stem, or 116,500 (The remainder being on individual septic systems )
1
C{ty 9f Denton Imoact Fee Camtal Iraurovem~nts Plan
In 1999, it is estimated that the C,ty wall serve 73,300 people w~th its water system and 74,300 with it's
wastewater collecUon system The service population of the water system is expected to increase by over
44,000 people by 2009, an ,ncrease of over 60% The wastewater servme area population Is projected to
increase by over 42,000 people by 2009, an ,ncrease of over 55%
Over the last 10 years, the City of Danton's maximum day water use has varied between a low of 281
gallons per capita per day (gpcpd) m 1992 to a high of 376 gpcpd m 1988, as shown tn Table 3 For the
purposes ofttus Cap,tal Impmvemants 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 m ti'us Capital Improvements Plan
Using these values for peak-day and average-annual per cap,ia water use, a total peak-day demand of 42 37
mllhon gallons per day (MOD) is projected for 2009, increasing from 26 39 MOD in 1999, and 21 19
MOD for an annual average water use m 2009, increasing from 13 19
MGD ,n 1999, as shown m 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 ,n th,s Capital
Improvements Plan The total annual-average wastewater flow is projected to be 19 81 MGD ,n 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 m retad
unl,ty customers, and do not include demands from wholesale customers
CAPITAL IMPROVEMENTS
Water Supply
Water supply facflmes are designed based on projected average-annual water use The C~ty of Demon's
water supply comes pnmanly from water rights in Lake Lewasvllle and Lake Ray Roberts The City has
rights to apprommately 4 34 MGD tn Lake Lewasvllle and approximately 19 8 MGD in Lake Ray Roberts
The City also receives credits for apprommately 1 27 MGD of wastewmer 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.W~de D,etnbution and Storage
The City's v, ater treatment faclbt~es 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 da~l~
treatment capacity of 28 9 MGD Consequently there are no current deficienc~es in water treatment
capacity However, by 2009 the City will need approximately 13 47 MGD of new treatment capacity
The City has begun planning ~o 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 wall be required
2
Cl~y of l~nton lmoact Fee Camtal Imorovements Plan
In order to transport the treated water Into Denton, a new 48-tach dmmeter water transmission line will
need to be constructed as well as a new booster pump station w~th ground storage, and new transm~ssmn
hnes from the pump statmn to connect to the City's exastmg water d~smbutmn system
The C~ty's WaterDlstr~butlon System Master Plan completed m 1997, ~dent~fied two elevated storage tanks
and a booster pump station as being needed w~thm the next 10 years A third required elevated storage
tank ~dentffied m Master plan ~s needed to allevmte erdstlng deficiencies ~n the water system
Wastewater Treatment
The C~ty's current wastewater treatment plant (WWTP) 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
das~gned to accommodate another 6 MGD expansion on the current site, whtch will be sufficmnt to satisfy
the projected demands through 2009
CAPITAL COSTS
Opm, ions ofnecessmy capital costs for the system w~de treatment, storage, and pumptng facilities described
above are shown m Tables 7 and 8 About $44 malhon m attributable capital costs will be reqmred to serve
new water customers antmipated over the 1999 to 2009 period About $15 mdhon will be reqmred to
serve new ~ astewater system customers
3
TABLE 1
POPULATION OF WATER/WASTEWATER SERVICE AREAS
City of Water Wastewater
Denton Serv,ce Area Service Area
1997 Population 71,450 74,400 80,300
1989 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 Rata 1899 09 NA 5 4% 5 4%
Source C~ty of Denton, Land Use Assumptions, Apnl 22, 1998 (growth rates ars
uncompounded)
Ftgure 1
Water Servtce Area
F;gure 2
Wastewater Serv;ce Area
TABLE 2
WATER AND WASTEWATER SERVICE AREA POPULATIONS, 1988-2009
Water Servioe Area Wasteweter Service Area
Total Service Percent Total Service Percent
Year Population Population Served Population Population Served
1988 57,000 59,400
1989 56,000 60,400
1990 89,300 61,900
1991 60,200 62,900
1992 61,200 63,900
1993 62,500 65,400
1994 64,400 67,300
1995 64,900 67,800
1996 65,800 68,800
1997 74,400 68,900 93% 60 300 70 000 87%
1998 76,632 71,100 93% 8Z,709 72,150 87%
1999 78,931 73,300 93% 85,190 74,300 67%
2000 81,299 75,200 92% 87 746 76 500 87%
2001 83,738 77 500 93% 90,378 78,800 67%
2002 86,250 79,800 93% 93,090 61 200 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% 113 151 100,700 89%
2007 110,079 106,800 97% 116,809 105,700 89%
2008 115,583 112,100 97% 124749 111,000 89%
2009 121,362 117,700 97% 130 987 116 500 89%
Source Total populatmn from C~ty of Denton, Land Use Assumptions serwce population
from Alan Plummer Associates, Phase I Impact Fee ClP Schedule May 28 1998
TABLE 3
WATER DEMAND PER CAPITA, 1988-1997
Total Demand (MGD) Service Per Cap~t. (9pcd)
Year Peak Averal~e Population Peak Average
1988 21 42 1038 57,000 376 182
1989 18 97 9 24 58,000 327 159
t 990 20 72 I0 37 59,300 349 175
1991 21 72 985 60,200 361 164
1992 17 22 8 91 61,200 281 146
1993 22 74 9 90 62,500 364 158
1994 1881 906 64,400 292 141
1995 20 05 9 12 64,900 309 141
1996 22 68 12 09 65,800 345 184
1997 23 33 10 91 68,900 339 158
Assumed for System Demand ProJections 360 180
day and annual fimshed water producbon (excluding wholesale use) from Alan Plummet
Asso~rates, Ine, Phase I Impact Fee CIP Schedule May 28 1998 water service population from
TABLE 4
PEAK AND AVERAGE WATER DEMAND, 1999-2009
Service Per CaPita iuacd} System Demand (MGD)
Year Population Peak Avg Peek Avtl
1999 73,300 360 180 26 39 13 19
2000 75,200 360 180 27 07 13 54
2001 77,500 360 180 27 90 13 95
2002 79,800 360 180 28 73 14 36
2003 87800 360 180 31 61 1580
2004 82,200 360 180 33 19 16 60
2005 96,800 360 180 34 85 17 42
2006 101,700 360 180 36 61 18 31
2007 106 600 360 180 38 45 19 22
2008 112,100 360 180 4036 2018
2009 117,700 360 160 4237 21 19
New Demand, 1999-2009 15 98 8 00
Soume. Service population from Table 2 per cap~ta demand from Table 3
TABLE 5
WASTEWATER DEMAND PER CAPITA. 1998-1997
TtJ Demand Service Per CapIta
Year (MOD) Population (~lpcd)
1988 9 28 59,400 166
1989 9 27 60,400 153
1990 987 61,900 159
1991 944 62900 160
1992 9 43 63,900 148
1993 9 04 65,400 138
1994 9 30 67,300 138
1995 11 32 67,800 167
1996 I0 95 68,800 159
1997 1248 70,000 178
Assumed for Projections 170
AveregedmlywastewaterflowsdurmgpeekmonthfromAlanPlummerAssoc~ates, lnc,Phnsel
Schedule, May 28, 1998, wastewater service populabon from Table 2
TABLE S
WASTEWATER DEMAND, 1999.2009
Per Caprta System
Service Demand Demand
Year Population {gpcd~ (MGD)
1999 74,300 170 12 63
2000 76,500 170 13 01
2001 78,800 170 13 40
2002 81,200 170 13 80
2003 66900 170 1477
2004 91,300 170 15 52
2005 95,900 170 16 30
2006 100,700 170 17 12
2007 105,700 170 17 97
2008 111,000 170 1887
2009 116,500 170 1981
New Demand, 1999 2009 7 18
Service populabon from Table 2, per capita demand from Table 5
T AJ~IL E 7
WATER TREATMENT/PUMPING/STORAGE COSTS, 1999-2009
Caoacltv IMGD) Percent
Total Needed 1999-2009 Total Coat Ehglble Coat
Existing Spencer Road WTP 28 90 2 51 8 66% $45,300,000 $3,937,000
Lake Ray Roberts WI'P, Phase 1 10 00 10 00 100 00% $25,000,000 $26,000,000
Lake Ray R,oberts WTP, Phase 2 I0 00 3 47 34 70% $15,000,000 $5,206,000
Subtotal, Water Treatment 48 90 15 98 NA $85,300,000 $34,142,000
Hnrtlee Field Road Booster Pump Station 16 00 13 47 84 19% $4,500,000 $3,789,O00
H~gh Schaol Booster Pump Station 16 00 13 47 84 19% $652,000 $549,000
Mmn Transmission Line from Ray Roberts WTP 44 00 13 47 30 61% $4,875 OO0 $1,492,000
Booster Pump Station Tie-In 44 00 13 47 30 61% $1,400,000 S429 000
Umvernlty Tank (2 0 MG) NA NA 75 00% $2,750,000 $2,063,000
I 35 ~ Loo,p 68 Tank (I 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 TreatmsnVPumplng/Storage NA 15 98 43 34% $1 O0 617,000 $43,604,000
Source. Improvements and coat esbmatea from Alan Plummer Associates Ino Phase I Impact Fee ClP
Schedule, May 28, 1998, ~ost of existing Spencer Road water b'eatment plant rs depreciated
replaPement coat based on City of Denton, Fixed Assets Depreclebon Report, Septsmber 30, 1997
and Englneenng News-Record Consfrucbon Cost Index (ourrent = March 1998), total peak water
capamty needed from Table 4, total capacities and pement of water tanks atlnbutable to growth from
memo from P S Aurora, P E, C~ty of Denton Pubho Works, April 20, 1998
TABLE 8
WASTEWATER TREATMENT COSTS, 1999-2009
Caoacltv (MGOl Percent
Total Needed 1999.2009 Total Coat Eligible Coat
Existing ,Wastawater Treatment Plant 15 00 2 37 15 80% $21,114,000 $3,336,000
6 MGD I~pansmn 6 00 4 81 80 17% $15,000,000 $I 2,026 o00
Total, Wasteweter Treatment 21 00 7 18 NA $36,114,000 $15,362,000
Souroe. Jmpmvements, capac~bes, and~ostestJmatssfromAlanPlummerAssoclatss, lnc Phase/Impact
Fee CIP Schedule, May 28, 1998, total oapnoity needed from Table 6
That the owner or developer of an owner occupied single famdy
housing umt 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 C~ty Attorney sufficient to
estabhsh an enforceable hen 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
Water Impact Fee Service Area
EXHIBIT A
Wastewater Impact
EXHIBIT B