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ORD 461 11/14/1995CITY OF CIBOLO ORDINANCE # 461 IMPACT FEE ORDINANCE AN ORDINANCE APPROVING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF CIBOLO AND IMPOSING IMPACT FEES ON NEW PLATTING ACTIVITY AND OTHER NEW DEVELOPMENT Passed on the 14th day of NOVEMBER, 1995 Mayor Sam Bauder Councilman Jeff Miller Councilman Bob Glisar Councilman Mark Buell Councilman Chuck Ridge Councilwoman Gail Douglas Charles A. Balcar, City Administrator/City Secretary City of Cibolo PO BOX 88 Cibolo, Texas 78108 (210) 658-9900 CITY OF CIBOLO ORDINANCE # 461 AN ORDINANCE APPROVING THE CAPITAL IMPROVEMENTS PLAN OF THE CITY OF CIBOL09 TEXAS AND IMPOSING IMPACT FEES FOR THE EXTENSION OF WATER AND WASTEWATER FACILITIES AND FOR NECESSARY IMPROVEMENTS TO CORRECT IMPACT ON STREETS AND DRAINAGE IN ACCORDANCE WITII THE REQUIREMENTS OF CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREAS, the City of Cibolo is authorized by chapter 395 of the Texas Local Government Code to enact impact fees as defined therein to finance certain capital improvements required by new development; and WHEREAS, pursuant to the requirements of chapter 395, an impact fee advisory committee appointed by the city council has developed land use assumptions for the City of Cibolo which have been approved by the city council; and WHEREAS, pursuant to the requirements of chapter 395, a capital improvements plan and maximum authorized impact fees have been developed by the city engineer, which plan is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the city council has conducted a public hearing on the proposed capital improvements plan and impact fees following due notice and publication as required by law; and WHEREAS, the city council of the city of Cibolo desires to insure that impact fees as defined by the Texas Local Government Code and assessed within the City of Cibolo accurately represent the true costs of constructing capital improvements and Facility expansions and are fair to the public and to the party upon whom the fees are imposed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF CIBOLO, TEXAS, AS FOLLOWS: 1 . The capital improvements plan for the City of Cibolo prepared by the city engineer and the Capital Improvements Advisory Committee and attached hereto as Exhibit "A" and incorporated herein for all purposes is hereby approved. 2. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a WATERWORKS impact fee in the amount of {$568.20} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 3. In accordance with the definitions and requirements at chapter 395 of the Texas Local Government Code, there is hereby assessed a WASTEWATER improvements impact fee in an amount equal to the wastewater impact fee in the amount of {$398.40} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 4. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a STREET impact fee in the amount of {$260.00) per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 3 5. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a DRAINAGE impact fee in the amount of {$93.20) per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 6. This ordinance shall not limit the city's authority to impose additional impact fees or charges not inconsistent with the provisions of chapter 395 of the Texas Local Government Code if such impact fees or charges are specifically authorized by state law and duly adopted by ordinance. 7. The city is under no obligation to accept offered impact fees; this ordinance creates no obligation for the city to serve any property within the City of Cibolo. 8. Water, street, drainage and wastewater impact fees are imposed to construct new capital improvements specified in the capital improvements plan and to recoup capital costs which have already been incurred by the city to construct existing facilities which have been designated in the capital improvements plan as being available to serve new development within the city. All funds collected through the adoption of an impact fee shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. Impact fee revenue may not be spent for any purpose. 9. An impact fee shall be divided and assessed as follows: (1) at the time of plat approval and (2) upon application for a building permit. Impact fees will be based upon the number of living units equivalencies (LUES) to be generated by development at the impact fee rate established herein. Plat approval shall be conditioned upon the developers compliance with the terms and conditions for water 4 and wastewater service established by the ordinances of the City of Cibolo. The assessed impact fee for streets and drainage is due and payable prior to the time a plat may be recorded by Guadalupe or Bexar County. The assessed impact fee for water and wastewater is due and payable at the time of application for a building permit. For property that has been platted but is not otherwise exempt from the imposition of impact fees, all impact fees will be assessed and collected prior to connection to city utility services consistent with State Law. Nothing herein shall prohibit the city from entering into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees. 10. All ordinances of the City of Cibolo inconsistent with this ordinance and the provisions of chapter 395 of the Texas Local Government Code are hereby repealed. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 1995 MAYOR ATTEST: HON. SAM BAUDER, CHARLES A. BALCAR, CITY SECRETARY 5 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, AS FOLLOWS: 1 . The capital improvements plan for the City of Cibolo prepared by the city engineer and the Capital Improvements Advisory Committee and attached hereto as Exhibit "A" and incorporated herein for all purposes is hereby approved. 2. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a WATERWORKS impact fee in the amount of {$568.20} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 3. In accordance with the definitions and requirements at chapter 395 of the Texas Local Government Code, there is hereby assessed a WASTEWATER improvements impact fee in an amount equal to the wastewater impact fee in the amount of {$398.40} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 4. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a STREET impact fee in the amount of {$260.00} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 5. In accordance with the definitions and requirements of chapter 395 of the Texas Local Government Code, there is hereby assessed a DRAINAGE impact fee in the amount of {$93.20} per living unit equivalent (LUE) as defined by the capital improvements plan for new development in the City of Cibolo. 2 6. This ordinance shall not limit the city's authority to impose additional impact fees or charges not inconsistent with the provisions of chapter 395 of the Texas Local Government Code if such impact fees or charges are specifically authorized by state law and duly adopted by ordinance. 7. The city is under no obligation to accept offered impact fees; this ordinance creates no obligation for the city to serve any property within the City of Cibolo. 8. Water, street, drainage and wastewater impact fees are imposed to construct new capital improvements specified in the capital improvements plan and to recoup capital costs which have already been incurred by the city to construct existing facilities which have been designated in the capital improvements plan as being available to serve new development within the city. All funds collected through the adoption of an impact fee shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. Impact fee revenue may not be spent for any purpose. 9. An impact fee shall be divided and assessed as follows: (1) at the time of plat approval and (2) upon application for a building permit. Impact fees will be based upon the number of living units equivalencies (LUES) to be generated by development at the impact fee rate established herein. Plat approval shall be conditioned upon the developers compliance with the terms and conditions for water and wastewater service established by the ordinances of the City of Cibolo. The assessed impact fee for streets and drainage is due and payable prior to the time a plat may be recorded by Guadalupe or Bexar County. The assessed impact fee for water and wastewater is due and payable at the time of application for a building permit. For property that has been platted but is not otherwise exempt from the imposition of impact fees, all impact fees will be assessed and collected prior to 3 connection to city utility services consistent with State Law. Nothing herein shall prohibit the city from entering into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees. 10. All ordinances of the City of Cibolo inconsistent with this ordinance and the provisions of chapter 395 of the Texas Local Government Code are hereby repealed. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 1995 ATTEST: HON. SAM BAUDER, MAYOR CHARLES A. BALCAR, CITY SECRETARY H ATTACHMENTA: LAND USEASSUMPTIONSAND RECOMMMMATION OF THE CIBOLO CAPITAL ADVISORY COMMITTEE DEVELOPMENT OF WATER, WASTEWATER, ROADS, STORMWATER AND FLOOD CONTROL IMPACT FEE PROGRAMS ACCORDING TO THE REQUIREMENTS OF CHAPTER 395, LOCAL GOVERNMENT CODE, 71st LEGISLATURE, 1989 AS AMENDED CITY OF CIBOLO, TEXAS 1.0 INTRODUCTION The 71st Texas Legislature passed CHAPTER 395 regulating various types of utility fees, defined in the legislation as "impact fees". Such fees included not only traditional impact (or capital recovery) foes, but also lot, acreage, frontage and other typical utility fees. Impact fees also include "contributions in,aid of construction", such as off-site approach main dedications. The legislation laid out very specific requirements for the technical development of such fees as well as the procedures necessary for enactment of such fee programs. 2.0 LEGAL CONTEXT OF CAPITAL RECOVERY FEES 2.1 LEGAL CONTEXT IN A NATIONAL PERSPECTIVE CHAPTER 395 and its amendments provide many specific guidelines regarding the technique and process for fee development. Although impact fees - or capital recovery fees - are a relatively new form of development exaction, they are the result of a long history of local subdivision regulation. Texas is one of the few states which has specific enabling legislation for impact fees. Historically, cities have had the authority to establish capital recovery fees arising from their home rule authority and from the general state -delegated authority to regulate subdivisions .for the protection of the public health, safety, and general welfare. In order to develop a capital recovery fee, several "tests" should be applied to any prospective fee: * A capital recovery fee must relate to the protection of community health, safety, and general welfare; * A capital recovery fee should be based on full or partial cost of service in order to be construed as a fee and not an unconstitutional tax; * There must be equity to all users; * Deviations from equity must be based on a carefully -defined public policy basis; * Those who pay a capital recovery fee must have created a demand for the facilities which are being funded by the fee; The fees collected must be used for the benefit of those who paid them; Fees assessed must be proportional to the cost of serving and benefits provided to the fee payer, Past and future rateltax/facility contributions by fee payers must be acknowledged as a credit in fee calculations; and * The City cannot impose punitive fees on any customer or class of customers. 2.2 SPECIFIC REQUIREMENTS OF CHAPTER 395 Generally, the provisions of CHAPTER 395 and its amendments are: * The City is regulated in its authority to charge impact fees for water, sewer, drainage and local roadways. * A detailed technical study is required to initiate a new fee and any time the fee is updated (including service area definition, growth projections, CIP development cost allocation, unit usage determination, etc.). * Fees per unit "run with the plat' since they are set at time of platting; unless fees are also collected at platting, this could result in considerable losses for the City since actual cost of service may be much higher when service is ultimately provided than was when the land was platted. Careful fee construction may avoid this under collection. * The maximum allowable fee under CHAPTER 395 is the full. capital cost per unit [However, if this ceiling is not reduced by the amount of future rate payments by fee payers, then fee payers will pay more than their fair cost of service, and the City might have to refund overpayments.] * The City must create an advisory committee which contains both real estate representatives and a representative of the ETJ. * Fees which are not expended on appropriate CIP projects within 10 years, or fees which are substantially in excess of cost must be refunded, plus interest + Fee payers must receive immediate service, if capacity is available, otherwise they must receive service in five years or less. + Developers must be reimbursed or receive fee offsets for contributed facilities. 3.0 POLICY DECISIONS RELATED TO CAPITAL RECOVERY FEE FORMULATION 3.1 SERVICE AREA For the purposes of developing the capital recovery fees, a conceptual service area must be defined in order to orient, size and cost the CII'. The service area is described for the purpose of fee determination and does not necessarily constrain the Utility in actual future service availability for egad locations - which may be precisely unknown given undefined future market demands. The service area should be defined broadly enough to encompass growth for at least ten years, or any other logical period given the capacity of existing facilities and the limitations of topographic characteristics. Service areas are potentially constrained by the City's restricted application of the fee (which may be assessed only within the corporate boundaries, ETJ or contractually -served area served by the City); service areas of other utility providers; and practical limits to service from already existing or planned facilities. 3.2 GEOGRAPHIC CONSIDERATIONS Under the provisions of CHAPTER 395, costs may either be segregated by rational subareas or may be examined in aggregate for each utility. Aggregate costs may be justified due to the fads that (1) costs related to geographic locations are often due to discretionary setting and design choices on the part of Utility professionals rather than to location decisions on the part of the customer, (2) systems are often designed with redundant facilities for system reliability (such as "looped" water systems); and (3)� some facilities have no geographic -specific service area. 'Where notable cost differentials do occur due to locational decisions of the utility customer, utilities are more justified in developing geographic -specific fees. Among those costs which could most easily be segregated are wastewater capital costs for a particular drainage basin, facility costs (particularly lines) according to broad soil classifications, and approach main costs for a defined array of developments in a particular location. 3.3 ' UNIT MEASUREMENT Measurements of unit usage statistics must be chosen in the course of the study both for determining system -wide utility demand and for applying a fee amount to an individual customer. The same unit measurement is not necessarily used in both instances. The Utility will be guided in its choice of units by the availability and quality of information at a particular point in time, the purpose for which the statistic is used, and the administrative feasibility of using such factors. Unit statistics, of one type are generally convertible into statistics of another type, thus preserving the overall integrity of the study when one type of unit is used to estimate future system demand and another for individual fee assessment. Some common unit measurements are * Per capita consumption/flow * Consumption/flow per acre * Consumption/flow per nonresidential building square footage * Operational indicators of service demand such as employment enrollment, seating, etc. * Consumption/flow per dwelling unit (DU) * Linear feet (If) of road frontage (approximately a measure of cost rather than service demand) * Living Unit Equivalent (LUE) (common denominator for service demand) Water Meter Size Pipe Size + Fixture calculations for water -using and wastewater -discharging appliances 3.4 TYPES OF FACILTTIES FUNDED BY TBE FEES CHAPTER 395 applies to fee monies or contributions which fund all water and sewer capital facilities with a few specific exceptions. Exempted from the CHAPTER 395 process are: (1) Dedication of rights-of-way or easements, or construction or dedication of on-site water distribution or wastewater collection when these dedications and construction are required by valid ordinances and are necessitated by and attributable to new development and (2) Lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. Otherwise, CHAPTER 395 governs all "charge(s] or assessments) imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to ... new development". Thus, many fees which have been typically enacted by cites, such as acreage, frontage and prorate fees, will no longer be permissible after June 1990 unless they are precisely configured as oversizing fees placed in trust funds, as defined above. The Advisory Committee and Staff need to determine what types of facilities the City should fund with capital recovery fees, either including or excluding such facility categories as treatment, storage, pumpage and transmission/collection. It may be desirable to give special consideration to the treatment of line costs in developing a fee program by disaggregatng line costs into major line and approach main components for separate fee determination. Some of the various funding approaches are (1) development of a system -wide average fee for approach mains; (2) development of an approach main impact fee which is specific for a geographic area served by a specific line; or (3) establishment of a fee program which is exempt from CHAPTER 395 regulation. 3.5 TEVIING OF FEE COLLECTION Fee assessment is required to be calculated, for the most part, at the time of plat filing; fee collection on the other hand, can occur at platting, connection (tap purchase), building permit issuance or certificate of occupancy issuance. The committee should carefully consider the potential fiscal impacts on the city if fee collection were to be set later than platting, versus the fiscal impacts on home buyers and businesses resulting from early payment of fees (which may considerably increase the actual cost impact on a home). Moreover, timing of collection needs to be considered carefully in conjunction with the City's selection of a unit of measurement. 3.6 ELIGIBILITY AND APPLICATION CONSIDERATIONS The Committee and Utility need to address whether fees for water, sewer, drainage and local roadways are to be assessed to all parties who purchase a water or wastewater tap or whether exceptions will be made on some public policy basis. For example, a common consideration is whether a wastewater fee should be assessed to septic tank cutovers. The Committee may, also wish to consider whether a full fee should be paid by all customers in the same manner or in the same proportion, or whether lower fees should be assessed to low-cost housing residents, major employers or other customers for some community policy reason. 3.7 LEVEL OF COST RECOVERY The Committee and Staff should consider whether the city should collect the maximum possible fee or something less, due to potential economic effects or other community concent. Also, the Committee may want to recommend that the fee be set somewhat less than the maximum allowable as a conservative measure to avoid potential refunds which are required if the fee is ultimately found to be more than 10 percent higher than actual costs would justify. 3.8 FEE OFFSET POLICY The fee ordinance should be carefully worded by the Citys Attorney to ensure that proper credits or reimbursements are provided if a fee payer has contributed facilities or fees for the same types of facilities for which the fee is collected. In part, this credit will be automatically provided died with a fee offset for future rate payments, which is calculated by the Consultants. However, non -rate contributions must also be recognized and credited. The City may enter into contrails with developers for private finding and construction of utility facilities, but the City must also allow credits against the fees due from such properties and/or reimburse the developer from subsequent fee collections. 4.0 EQUITY RESIDUAL APPROACH TO CAPITAL RECOVERY FEE CALCULATION The Equity Residual methodology provides that each new customer contributes "equity" in the utility systems comparable to that owned by other existing customers. Once that equity payment is made through the capital recovery fee, each new customer would pay the remainder of his or her capital -related cost of service through rate payments equal to the rate payments of existing customers. This minimizes cross - subsidization (one customer group paying for the costs of another) and provides for full cost recovery for the utilities. 4.1 CONCEPTUAL METHODOLOGY TABLE 4-1 presents a conceptual illustration of the Equity Residual methodology, and will be referenced throughout this section.For purposes of this conceptual discussion, costs are defined for a common measurement of capacity and demand; that service unit of measurement is "Living Unit Equivalent's LUE. Each service unit has a capital cost associated with the comprehensive group of facilities required to provide service (treatment transmission, pumpage, storage, etc.). This value is the Construction Cost of Service. If a facility is funded through bonding, however, there are additional costs. Bonding and interest costs are shown in Table 4-1; these can effectively double or triple costs. Times coverage costs are not shown since these excess rate revenues can be carried over from one year to another and used to finance the utility. TABLE 4-1 COMPARISON OF COSTS OF ALTERNATIVE MUNICIPAL FINANCING APPROACHES 14 PrI li laell_VAU ONE DOLLAR OF CONSTRUCTION COST $1.00 PLUS 5% BONDING COSTS + BOND ISSUE REQUIREMENTS = ANNUAL DEBT SERVICE PAYMENT (S% INT. $0.10 @25 YEARS) TIMES 25 YRS OF PAYBACK PERIOD x TOTALPAYBACK TIMES 1.3 REVENUE BOND COVERAGE REQUIREMENT TOTAL RATE REVENUE REQUIREMENT OVER BOND LIFE NET SAVINGS OVER ALTERNATIVE FINANCING APPROACH 5.0 TECHNICAL BASIS OF FEE CALCULATION 5.1 LAND USE AND PLANNING ASSUMPTIONS 5.1.1 Service Area Definition MUNICIPAL CAPITAL REVENUE RECOVERY BONDING FEE APPROACH APPROACH $1.00 $0.05 avoided $1.05 avoided avoided 25 avoided _ $2.46 avoided 1.3 avoided $3.20 avoided $0.00 S2.20 -or- 220% The conceptual service areas of the water, sewer, drainage and local roadway utilities are illustrated on the following p These areas represent the general geographic basis for planning the utility capital improvement programs, used to form the fees. The service areas are conceptual in nature and do not necessarily represent a definitive commitment for servic the Utilizes: conceptual service area boundaries also do not necessarily represent limits to service potential or assessment. 5.1.2 Land Use Assumptions CHAPTER 395 requires that the Utilities project the land uses, population, densities and intensity of new development within the next 10 years and at full build -Gut BB1786 allows the use of city-wide planning assumptions applied to the service areas of the Utilities. Table 5-1 and TABLE 5-1 show the historical growth rate of the City of CIBOLO, an historical "trend" rate of 6.08% annual compound growth rate, and three alternate growth rates for future years. Figure 5-2 and Table 5-2 compare these to other projections performed by the Texas Water Development Board (TWDB). A 2.5% growth rate was adopted as the assumption for the next 10 years' growth, as consistent with recent historical precedent and as a slightly conservative assumption in the fee derivation. Table 5-4 presents population and land use projections for the City of CIBOLO based on the 2.5% growth projection for the next ten years, and upon land use distributions and population densities contained in the City's Zoning Plan. Tables 5-5 and 5-6 present similar information adapted for the water, sewer, drainage and local roadways conceptual service areas, respectively. Population estimates for 1990 for the water service area was derived by dividing total water consumption by per -capita usage statistics developed by TWDB. Current population estimates for the wastewater service area was determined as the same population density per acre as computed for the water service area (0.83 persons/acre). TABLE 5-1 MSTORICAL POPULATION FOR TBE CITY OF CIBOLO HISTORICAL CITY OF CIBOLO HISTORICAL AVERAGE POPULATION POPULATION GROWTH RATE 1960 Ian 4.20 1970 (a) 440 0.47% 1980 (a) 580 2.80% 1984 (b) 1,103 17.43% 1986 Ib) 1.234 5.77% 1987 (b) 1,365 10.62% 1988 M 1,495 9.52% 1989 Ib) 1,626 8.7696 19601989 (a) U.S. Bumau of the Census. (b) City of Mole estimates. W 4.78% 'a O v O O a G1 0 m C O � A _ N U O C m 3 3 Qom afM m A O W N O V I p 1Opp A MD m ,dn W O O N A N 00 Om OM 3. z 0 OI 0 A 0 OAi 0 N 0 0 0 0 U A M M 3 m r ° m fJ !J + , o o c A GI W A U A W C J N N N VI tT = m n o m Ln C 0 P. o o W = o N N N N N 3 p0T� ;U O O O 9 a p o tmn Oo OI U W U V M o e o 0 0 r� z a N M e C)zcD m oMM n C OOO z O t n m 0 z 0 C N N U A o b O {O.t N r0 0 0 0 0 0 O � A _ N U O J A O W N O V I O O 1Opp A r r O W O O N O N 00 a ANl+rn NN P b 0 50� 0 0 OI 0 A 0 OAi 0 N 0 0 0 0 U A pp m fJ !J + 2 VAV OOi N � V m GI W A U A W = J N N N VI tT O 0 0 0 0 0 o m e o 0 0 0 0 P. o o W a< N N N N N 3 p0T� ;U 0 0 0 0 0 O 9 a p o tmn Oo OI U W U V o e o 0 0 o e o 0 I U N 0 0 0 o T N m I O N J W A N O V A W yN 0 0 0 0 o a o 0 0 r� z a N M e C)zcD m oMM n C OOO z O t n m 0 z 0 C N N min omm m O :0 O z G) 0 m O m h 9 0 z N S N o b {O.t N r0 0 0 0 0 0 A O W N O rn 00 a ANl+rn 3 50� Zom m fJ !J + 2 VAV OOi N � V m GI W A U A W = J N N N VI tT O 0 0 0 0 0 e o 0 0 0 a< N N N N N 3 p0T� ;U 0 0 0 0 0 O 9 a p 0 0 0 0 C=G) JJ C)7 ��D 2 C m r W W W W fJ = N UI N fly U 0 0 0 o T min omm m O :0 O z G) 0 m O m h 9 0 z N S N (a) Acreages based on land use mixtures per 100 population in Clbolo Zoning Plan. Single Family. 4.253 aeres/100 population Garden and Mobile Homes: 0.716 axaee/100 population Multifamily: 1.059 acnW100 population Commercial: 0.572 acres/100 population Industrial: 1.145 aae3/10D population Public(Quasi-Public: 0.343 araes/10D population Agricultural ResidentiaVVacant 6.737 aeres/100 population (b) Ultimate population within 1990 corporate 3.71% boundaries. 28.69% (c) 1990-2000 average annual growth rate 25°% . assumption of 0.37% TABLE 5.5 PLANNING ASSUMPTIONS APPLIED TO CONCEPTUAL WATER SERVICE AREA CRY OF CIBOLO LAND USE RESIDENTIAL. Single -Family Garden and Mobile Homes Multifamily Subtotal Residential COMMERCIAL INDUSTRIAL PUBLICIQUASI-PUBLIC AGRICULTURAL RESIDENTIALNACANT TOTALACREAGE(c) POPULATION POPULATION PER ACRE CIBOLO, 7EXA8 (PRELIMINARY? 1990 2000 ULTIMATE ACRES (a) % ACRES (b) % ACRES (b) % 150 290% 192 3.71% 1,485 28.69% 15 0.29% 19 0.37% 250 4.83% 2 0.04% 3 0.05% 370 7.14% 167 322% 214 4.13% 2,106 40.65% 24 0.46% 31 0.59% 200 3.86% 59 1.140/a 76 1.46% 400 7.72% 60 1.16% fit 1.18% 120 2.320/6 4,870 94.02% 4,799 92.65% 2.354 45.44016 5,180 100.00% 5,180 100.00% 5,180 100.00% 1,757 2.249 34,940 (d) (e) (f) 0.34 0,43 6.75 10 CLOOLO, rMS (PRELLYINAR17 (a) Same distribution of developed land uses per capita as assumed for City planning areas. (b) Land use mbdures per 100 population of growth as indicated in city zoning plan: 2000 Single Fatuity: 4.253 acres/100 population Garden and Mobile Homes: 0.716 acres/100 population Multifamily: 1.059 acres/100 population Commercial: 0.572 acres/100 population Industrial: 1.145 acres/100 population PubliclQuasioPublic 0.343 acres/100 population Agricultural ResidendaWacarrt 6.737 acres/100 population (c) Conceptual service area acreage. ACRES (b) (d) 198889 water billing divided by 124 gallons per capita (TWDS). (e) Assumes annual growth rate Of 25% . (1) Land uses and population proportionate to 2.99% City. 28.69% TABLE 5.6 PLANNING ASSUMPTIONS APPLIED TO CONCEPTUAL WASTEWATER SERVICE AREA CRY OF CIBOLO 11 1990 2000 ULTIMATE LAND USE ACRES (a) Y. ACRES (b) Y. ACRES (b) '/. RESIDENTIAL 121 2.34°/. 155 2.99% 1,486 28.69% Single -Family Garden and Mobile Homes 15 029% 19 0.37% 250 4.83% Multifamily 2 0.040/6 3 0.05% 370 7.14% Subtotal Residential 138 2ES% 177 3.41% 2,106 40.65% COMMERCIAL 24 0.46% 31 0.59% 200 3.86% INDUSTRIAL 59 1.14016 76 1.46% 400 7.72% PUBLICIQUASI-PUBLIC 60 1.16% 61 1.18% 120 2320/o AGRICULTURAL RESIOENTIALNACANT 4,899 94.58% 4,836 93.35% 2,354 45.44% TOTAL ACREAGE (c) 5,180 100.00% 5,180 100.00% 5.180 100.00% 11 POPULATION 1,757 2,249 (d) (e) POPULATION PER ACRE 0.34 0.43 (a) Same distribution of developed land uses per capita as assumed for City planning areas. (b) Land use mixtures per 100 population of growth as indicated in city zoninq olan: Single Family: Duplex: Multifamily: Commercial: Industrial: Public/Quasi-Public: Agricultural ResidentiaWacant: (c) Conceptual service area acreage (d) Papulation based on same density as water service area. (e) Assumes annual growth rate of: (f) Land uses and population proportionate to City. 5.2 UNIT USAGE STATISTICS 4.253 acres/100 population 0.716 acres/100 population 1.059 acres/100 population 0.572 acres/100 population 1.145 acres/100 population 0.343 acres/100 population 6.737 acres/100 population 2.5%. C/90LO, TEXAS (PRELIMINARY) 17,508 (0 3.38 The basic unit usage statistic on which all facility demand is based is average daily water demand and wastewater flow per capita. For the water utility, Ford Engineering used a per capita figure of 55 gallons daily; for the wastewater utility, an average flow of 100 gallons per capita was assumed. Unit usage assumptions and other assumptions used in fee calculation are shown in Table 5-7. 12 TABLE 5-7 ASSUMPTIONS USED IN FEE CALCULATION FACTOR POPULATION GROWTH LAND USE DISTRIBUTION Single Family Garden and Mobile Homes Multifamily Commercial Industrial PublidOuasi-Public Agricultural ResidendaWacant RESIDENTIAL DENSITIES Single Family (R -A, R-1, R-2. R -58,R-6, R-7, PUD) - Garden and Mobile Homes (R-5. MH) Multi -Family (R-4) PERCENT OF NEW GROWTH RECEIVING: Water Service Wastewater Service 1989 SERVICE POPULATION: Water Wastewater 2000 WATER DEMAND ASSUMPTIONS: Average demand Water LUE Water Supply Facilities Ground Storage Facilities Elevated Storage Facilities FUTURE BONDING ASSUMPTIONS: SOFT COSTS INTEREST RATE TERM VALUEIRATIONALE Increase aTen annual average rate of . Acreages based on land use mbdures in Zoning Plan 4.253 ames/100 population 0.716 acres/100 population 1.059 ames/100 population 0.572 acres/100 population 1.145 acres/100 papulation 0.343 acres/100 population 6.737 acres/100 population 3.50 units/ac; 5.50 units/cc; 20.00 units/ac; 100% 100% G80LO, TEXAS (PRELIM/NAR)) 2.50% over the next ten years. - 2.50 persons/untL 2.50 persons/unit. 2.50 persons unit. 1988-1989 water billing divided by: Based on same service population per acre as water. 300 gals/capita/daily 787 gallons/day 300 gallons/cepita/daily, 35 gallons/capita 350 gallons/capita 3.00% of principal, according to City Staff 7.50% annually, according to City Staff 20 years 13 124 gallons per capita (7WOB). 0.34 personsfac C1BOLO, TEXAS (PRELIMINARY) 5.3 CAPITAL IMPROVEMENTS PROGRAM PLAN MINEW710M• F11. CHAPTER 395 requires a conversion table of service units. That table is shown in Table 5-8. This table shows haw demand may be expressed in Irving units equivalent (LUE's) based on water meter size. The Utilities' smallest typical water meter (518") is used as the base, and demand by other meter sizes is scaled upward proportionate to the ratio of the larger meter's continuous duty maximum flow to that of the smallest meter. Current water LUES were tabulated based on a count of active water meters by size, with the conversion factors in Table 5-8 applied to the count of various meter sizes. That result is shown in Table 5-9. Although the water meter size may be used as the determinant of wastewater LUE's, there are sometimes circumstances in which water meter size overestimates wastewater flow — such as in consumptive commercial uses or industrial processes. For these reasons, it is advisable to include a provision in the capital recovery fee ordinance permitting the Utility manager to establish an appropriate number of wastewater LUE's for an individual customer when presented with documentation from a professional engineer regarding the likely wastewater flow of a particular project TABLE 5-8 LUE EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS 14 CONTINUOUS DUTY RATIO METER METER MAXIMUM TO SIT, TYPE SIZE RATE METER (9pm) SIMPLE 518"x 314" 10 1.0 SIMPLE 314" 15 1.5 SIMPLE i" 25 2.5 SIMPLE 1-12" 50 5.0 SIMPLE 2" 80 8.0 COMPOUND 2" 80 8.0 TURBINE 2" 100 10.0 COMPOUND 3" 160 16.0 TURBINE 3' 240 24.0 COMPOUND 4' 250 25.0 TURBINE 4" 420 42.0 COMPOUND 6" 500 50.0 14 0 CIBOLO, TEXAS (PREIMIMARY) TABLE 5.8 LUE EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS SOURCE: AW WA Standards C700, 0701, C702, C703. 5.3.2 Projected e'^""' Units for New Develaoment Tables 5-10 and 5-11 present information on projected service units and facility needs within the next ten years and at full buildout, as required by the legislation. TABLE 5.9 CURRENT WATER METER COUNT AND ESTIMATION OF LIVING UNITS EQUIVALENT (LUES) Meter Size 518' 314- 1. 1.S r 3" 4' 6' 10' Total [a] Source: Water Services Report 9112194. [b] Derived from AW WA 0700.0703 standards. Numbest LUEs per CONTINUOUS Meters [a] Meter [b] LUES DUTY RATIO METER METER MAXIMUM TO 516" TYPE SIZE RATE METER 5.000 10 (9Pm) 8.000 TURBINE 6' 920 920 COMPOUND r BOD 80.0 TURBINE 6' 1600 160.0 COMPOUND 10' 1150 115.0 TURBINE 10" 2500 250.0 TURBINE 12" 3300 330.0 SOURCE: AW WA Standards C700, 0701, C702, C703. 5.3.2 Projected e'^""' Units for New Develaoment Tables 5-10 and 5-11 present information on projected service units and facility needs within the next ten years and at full buildout, as required by the legislation. TABLE 5.9 CURRENT WATER METER COUNT AND ESTIMATION OF LIVING UNITS EQUIVALENT (LUES) Meter Size 518' 314- 1. 1.S r 3" 4' 6' 10' Total [a] Source: Water Services Report 9112194. [b] Derived from AW WA 0700.0703 standards. Numbest LUEs per Number of Meters [a] Meter [b] LUES 603 1.000 603 0 1.500 0 0 2.500 0 2 5.000 10 4 8.000 32 0 16.000 a 1 25.000 25 0 50.000 0 0 115.000 0 610 670 15 TABLE 5-10 ESTIMATED SERVICE UNITS AND SERVICE DEMAND - WATER UTILITY FACILITY TYPEILAND USE 1990 2000 ULTIMATE WATER SERVICE AREA POPULATION (a) TOTAL WATER LUES (b) TOTAL CONNECTIONS (b) WATER SUPPLY (MGD) Estimated Demand (c) Existing Capacity (c) Excessi(Deficiency) GROUND STORAGE (MG) Estimated Demand (c) 0.061 Existing Capacity (c) 1.000 ----------------------------------- --------- Excess/(Defid=y) 0.939 ELEVATED STORAGE (MG) Estimated Demand (c) Existing Capacity (c) Exdessl(Defidency) (a) Taken from land use assumptions: (b) 1994 figure taken from meter count (c) Source: City Planning 0.078 1.213 1.000 1,757 2,249 34,940 670 858 13,324 610 781 12,131 0.527 0.675 10.481 2.100 2.100 2.100 1.573 IA25 (8.381) Estimated Demand (c) 0.061 Existing Capacity (c) 1.000 ----------------------------------- --------- Excess/(Defid=y) 0.939 ELEVATED STORAGE (MG) Estimated Demand (c) Existing Capacity (c) Exdessl(Defidency) (a) Taken from land use assumptions: (b) 1994 figure taken from meter count (c) Source: City Planning 0.078 1.213 1.000 1.000 ---------- ------------- 0.922 (0.213) 0.707 0.809 2.013 0.000 0.000 0.000 (0.707) (0.809) (2.013) TABLE 5 473 s (a) Service population based on ratio of 1994 wastewater customers to water TABLE 9 TABLE 5-11 ESTIMATED SERVICE UNITS - WASTEWATER UTILITY FACILITY TYPEILAND USE 1880 WASTEWATER SERVICE AREA POPULATION 1,757 EST. SEWER CUSTOMER POPULATION (a) 1.241 TOTAL LUE'S (b) 473 s (a) Service population based on ratio of 1994 wastewater customers to water customers times water service population (b) Wastewater LUE'slcapita same as 1994 water LUE's/capita. 16 GBOLO,TEXAS (PREIJMIRARY) 2000 ULTIMATE 2,249 34,940 1,589 24,685 606 9,413 CJ80LO, TE= (PRaMINARY) (b) Wastewater LUES/Capita same as 1994 water LUE'sicapita. 5.3.3 Clip Develoomgnt for Existing and Future Needs Given the demand projections in Tables 5-10 and 5-11, a capital improvements plan (CIP) was developed for each utility, including existing facilities, retrofit and upgrade facilities and future facilities, as required by the legislation. Then, as further required by CHAPTER 395, the needs of existing customers were separated from those of customers in the next ten years, and costs were weighted according. (In some facilities, there was capacity for customers beyond the ten year horizon as well.) These results are shown in Tables 5-12 and 5-13. Because wastewater treatment services are not provided by the City of CIBOLO, no costs are shown for sewage treatment However, the providers of that service (Cibolo Creek Municipal Authority) intend to assess impact fees for their service and these fees will be passed along to CIBOLO feepayers. TABLE 5.12 ASSOCIATED CIP INVENTORY AND COSTING -WATER UTILITY FACILITY CAPACrrY 1990 1990 (mgdorgais) 2000 2000 FACILITY CONSTRUCTION IN EXCESS EXCESS CAPITAL COST ( COST TOTAL CURRENT < 10 YEARS > 10 YEARS COST PER LUE NAME USE TOTAL SUPPLY. PUMPING MGD EXISTING FACILITIES Cibolo - Well #1, Pump @ 125 hp $36,000 0.600 =_ G.V.W.S.D. Agreement (1984) 51601000 1.500 Subtotal Existing Facilities $196,000 2.100 0.527 0.148 1.425 S13,777 $23 _ (a) (a) (b) (b) (b) FUTURE FACILITIES G.V.W.S.C. Future Water Supply $800,000 8.381 Subtotal Future Facilities $800,000 8.381 0.000 0.527 7.854 550,309 $82 (a) (a) (b) (b) @l TOTAL WATER SUPPLY 5995.000 10.481 0.527 0.675 9.279 $64.087 5('S itl CIBOLO, TEXAS (PRELIM/NAFM TABLE 5-12 ASSOCIATED CIP INVENTORY AND COSTING - WATER UTILITY GROUND STORAGE MG EXISTING FACILITIES Wiedner Road Tank $350,000 1.000 Subtotal Existing Facilities $350,000 1.000 0.061 0.017 0.922 $5,980 510 (a) (a) (b) (b) (b) TOTAL GROUND STORAGE 5350.000 1.000 0.061 0.017 0.922 $5,980 S10 (c) ELEVATED STORAGE MG EXISTING FACILITIES None - SO 0.000 Subtotal Existing Facilities So 0.000 0.000 0.000 0.000 SO SO (a) (a) (a) (a) (a) FUTURE FACILITIES Main & F.M. 78 Elevated Tank $3.500,000 2.000 Subtotal Future Facilities 53,500,000 2.000 0.707 0.102 1.191 S177,864 S292 (a) (a) (b) (b) (b) TOTAL ELEVATED STORAGE $3,500,000 A 2.000 0.707 0.102 1.191 5177.864 5292 (c) WATER TRANSMISSION AVERAGE MGD EXISTING FACILITIES 16" Water Main $280,000 12" Water Main $460,000 Subtotal Existing Facilities $740.000 1.720 0.707 0.102 0.911 $43.727 S72 (a) (a) (b) (b) (b) FUTURE FACILITIES 12" Main. Plant 9 to Exist. 1 MG $200,000 Storage 12" Main, Loop Main SL, F.M. 78 & 5361,600 F.M. 1103 18 V Subtotal Future Facilities TOTAL WATER TRANSMISSION WATER CONSTRUCTION COST TOTAL CIBOLO, TEXAS (PRELIM/NARY) $561,600 2.000 1.000 1.000 0.000 5280,800 $460 (a) (a) (b) (b) (b) LUE in 1999: 51,301,600 3.720 1.707 1.102 0.911 $324,527 5532 56,147,600 =1 LUE Ground Storage: 100 5572,458 5938 (a) Source: City of Cibolo 2000 (b) Allocations per7NRCC EXCESS EXCESS CAPITAL (c) Assumes the fallowing conversion factors, derived from engineering demand per LUE in 1999: > 10 YEARS COST USE Suppty/l'reatment: 1 gpm =1 LUE Ground Storage: 100 gals =1 LUE Elevated Storage: 100 gals =1 LUE Transmission: 2 gpm =1 LUE TABLES -13 ASSOCIATED CIP INVENTORY AND COSTING - WASTEWATER UTILITY FACILITY CONST. NAME COST COLLECTION AND PUMPING EXISTING FACILITIES Existing Collection Line Network Subtotal Existing Facilities FUTURE FACILITIES F.M. 78 Lift Station & 8' Force Main Town Creek UR Station & Force Main Town Creek Collection Main $1,000.000 $1,000.000 (a) 5200,000 5602,800 $1.032,342 FACILITY CAPACITY (mgd or gals) TOTAL AVERAGE MGD 0.250 0.250 (b) 10.000 1990- 201)0 COST PER LUE $70 Subtotal Future Facilities $1,835.142 10250 0.180 1.550 8.520 $277,509 $586 (a) (e) (d,g) (0 TOTAL COLLECTION 52.835.142 10.500 0.343 1.558 8.489 5310,636 ^$656 WASTEWATER CONSTRUCTION $2,835.142 $310,635 $656 COST TOTAL(h) (a) Source: City Planning (b) Source: rapacity adequate to serve 2.000 (shown at average demand). 19 2000 IN EXCESS EXCESS CAPITAL CURRENT <10 YEARS > 10 YEARS COST USE TOTAL $33.127 (0.031) 0.008 0.163 (c) (d.9) (0 1990- 201)0 COST PER LUE $70 Subtotal Future Facilities $1,835.142 10250 0.180 1.550 8.520 $277,509 $586 (a) (e) (d,g) (0 TOTAL COLLECTION 52.835.142 10.500 0.343 1.558 8.489 5310,636 ^$656 WASTEWATER CONSTRUCTION $2,835.142 $310,635 $656 COST TOTAL(h) (a) Source: City Planning (b) Source: rapacity adequate to serve 2.000 (shown at average demand). 19 C/BOLO, TEXAS (PRELIMINARY) (c) proportionate share of 1990 sewer TABLE 6 service population; see (d) 2000 demand allocated proportionate between available excess in existing facilities and future facilities. (e) Source: rapacity adequate to serve 3,000 (shown at average demand). (f) Remainder of available rapacity. (g) Assumes the following gals to LUE conversion factors: Collection: 361 gals daily =1 LIJE (h) Wastewater treatment construction costs are determined by New Braunfels Utilities and Cibolo Creek Municipal Authority in addition to costs shown and are reflected in the impact fees charged by these two entities to Cibolo customers. 5.4. STORMWATER RUNOFF AND FLOOD CONTROL kil; • ra • 1(i1k' It has long been recognized that urban development has a pronounced effect on the rate of runoff from a given rainfall. The hydraulic efficiency of a drainage system withurbanization generally increases the speed of runoff and reduces the storage capacity of the watershed. The reduction of storage capacity is a direct result of the elimination of porous soils and surfaces, small ponds, and natural holding areas. This comes about by grading and paving of building sites, streets, drives, parking lots, and the construction of rooftops. Stone water management programs aimed at controlling increased runoff generated by development are a top priority in watershed planning. More frequent flooding, increased rates and volumes of stone water runoff, increased soil and channel erosion, and increased water pollution are all problems intensified by increased stone water runoff resulting from development Section 11.086 of the Texas Water Code states that it shall be unlawful for any person to divert the natural flow of surface waters in this state or to impound waters in a manner that damages the property of another. Statute also grants remedies, both at law and in equity, to any party injured by such a diversion. This Water Code establishes strict liability for these unlawful diversions and the remedies include damages caused by diversion. Summarized, this law requires that any development not change the manner or quantity of storm runoff. In recent years there has been considerable discussion of the use of nonstructural' measures to minimize the impact of urban development on flood flows. These measures are generally considered to include, but are not limited to: 1. Retention Ponds 2. Detention Ponds 3. Rooftop Storage 4. Parking Lot Storage 5. Porous Paving 6. Grassed Swales GBOLO, TEXAS (pREL M1NAR» In most cases these measures require some structural construction and are referred as "nonstructural" in contrast to "structural" work on the major drainage systems of a watershed. The most successful "nonstructural" measure implemented, enforced and maintained in the State is the detention pond system. Many municipalities in an effort to comply with the Texas Water Code and gain control of flood management have implemented a detention requirement for sites as small as an acre. Watershed drainage systems based on numerous small detention facilities or difficult to manage or to define the actual combined effect on the peak flood. This method is usually a short tens crutch for development to continue in a watershed with existing flooding problems. Such watershed management usually move towards large regional detention facilities designed for thousands of acres. Detention ponds, while technically feasible and can reduce the amount of channel enlargement required, are usually not economical and will not solve existing flooding. Detention ponds requirements can be detrimental to development due to costs, loss of land, maintenance, and health hazards. The goal of watershed management should be to provide adequate flood control measures to eliminate the 100 year flood plain from areas outside the banks of drainage channels in developed areas. Additionally the goal should include insuring adequate facilities are provided to accommodate new developments such that existing developments downstream would not be subject to flooding by_ the 100 year event _ "Structural" channel improvements by deepening, widening, and straightening to contain the 100 year 100 percent developed flood flow is the most realistic and economic solution to flood control. Soils for the catchment include dark colored calcareous clays, silty clays, gravely loams, and outcroppings of limestone rock. For drainage and runoff purposes the soils fall into the slow infiltration and high runoff potential classifications. The study area drainage system is largely natural unimproved channels with some undersized channelization. Flood plains defined by the 1977 Flood Study considered development thru 1982. Due to the existing condition of the water conveying systems the flood plain is relatively wide and shallow. 5.4.3 ABE6 STUDIED: The Town Creek catchment area is 7.79 square miles (4987 acres) Ref. map. The estimated percent development is approximately 8% at the time of this report This catchment will be one developing area for both residential and commercial use. A comprehensive cost estimate for a major drainage project begins with right-of-way acquisition. This area of estimation proves to be the most flexible and therefore often results in considerable error. The study site is bounded by land owned or controlled by private individuals, developers, and the City of Cibolo and therefore negotiation for right-of-way will vary tremendously. A cost of $14,000.00 per acre for flood plain was used as a basis of land cost Note that a pardon of the channel is presently within drainage easement or right-of-way. Construction costs are based on 1995 prices experienced in this area. Clearing and grubbing of site includes removal offsite of spoil due to burning ordinances. Earthwork costs include excavation, 1500 foot haul, and stockpiling. Earthwork quantities are calculated from hydraulic sections and accuracy's are limited to such. 21 C/BOLO, TEXAS (PRELrMOIARYJ Assessment imposed by the City of Cibolo against new development in order to generate revenue for funding or recovering the cost of capital improvements necessitated by new development The Town Creek water shed is presently 8% developed. Approximately 4,587 undeveloped acres are within the City E.T.J. and City Limits. The Town Creek watershed has a high development potential and this urbanization changes the response to precipitation. The increased peak discharge will aggravate existing inundation by flood waters. Urbanization of the watershed will effectively double the existing 100 -year flood discharge. As the population increases and land valves increase, the effects of uncontrolled runoff will become an economic burden and a serious threat to the health and well-being of the community. Manaoement of the runoff will require far sighted planning and strategies before increased flooding occurs. Improvements to the major drainage conveying channels can remedy existing flooding, allow for upstream development, and bring lower watershed land out of the flood plain. Financing of drainage project may be drawn from a number of resources. A combination of impact fees, matching grant funds, and city participation will all be required to ensure the common goal of protecting the well-being of the community. Now is the time to begin both short and long term planning for watershed drainage management to encourage continued safe growth of the community. TABLE 5-14 STORMWATER RUNOFF AND FLOOD CONTROL -QUANTITY 1. RIGHT-OF-WAY 46 ACRE 2. CHANNEL EXCAVATION 556,000 CY 3. STRUCTURAL IMPROVEMENTS a) Wiedner Road 1 LUMP SUM b) Borgfeld Road 1 LUMP SUM c) Schlather Road 1 LUMP SUM SUBTOTAL ENGINEERING FEE 10% TOTAL M MITI L 14,000.00 $ 644,000.00 2,95 $1,650,000.00 361,200.00 $ 361,200.00 150,500.00 $ 150,500.00 301,000.00 $ 301,000.00 $3,105,700.00 310.670.00 $3,417,370.00 daoLo, Tams (PRELIMINARY) Impact fee derivation used for stormwater and Flood Control is based on the cost of total improvements of the watershed divided by total number of acres of land within said watershed. Flood Control Area = 4,587 Acres Flood Control Improvements = $3,417,370.00 Impact Fee Cost per Acre = Cost of Imorovements = 745.00/acre Total Service Acreage Impact Fee Cost per LUE _ $253.001LUE The Impact Fee for the Town Creek watershed would be approximately $253.00/LUE if the total burden were placed upon new development The results of the cost analyses can be summarized as follows: CAPITAL COST ELEMENT WATER Supply/Pumping Ground Storage Elevated Storage Major Transmission Study Costs Total Water Capital Cost WASTEWATER Wastewater Treatment Pumping Major Collection Study Costs Total Wastewater Capital Costs DRAINAGE Flood Control ROADWAYS Thoroughfare Total Water, Sewer, Drainage and Local Roadways COST/LUE* $ 105.00 $ 10.00 $ 292.00 $ 532.00 $ 8.00 $ 947.00 $ 656.00 $ 8.00 $ 664.00 $ 253.00 $ 650.00 $2,514.00 • An LUE is equal to use by atypical household with a 518" water meter. '• Service provided by CCMA ga0L0, TEXAS (PREUMINARI7 5.5 MAJOR THOROUGHFARE PLAN The purpose of the Major Thoroughfare Plan is to identify the location of major roadways that will be needed to accommodate through traffic to support ultimate buildout and beyond. The primary intent of the Major Thoroughfare Plan is to: 1. Support the Land Use Plan 2. Serve as a guide for determining right of way requirements 3. Establish policies concerning the construction of major roadways in support of orderly urban development through the land subdivision process. The roadway system, which is the foundation for the entire transportation system, must be arranged to accommodate the needs of the entire area. There are two primary purposes for roadways: 1. To provide vehicular access to abutting land 2. To allow for the through movement of vehicular traffic The design standards -for roadway construction are contained in the Subdivision Regulations. The general roadway standards of the Major Thoroughfare system are described as follows: RIGHT OF WAY 86' ROADWAY WIDTH 62' CURB 6' CURB SIDEWALK 4' SIDEWALK DESCRIPTION 4 LANE DIVIDED ROADWAY 12 FOOT LANE WIDTH WITH MEDIAN. LEFT AND RIGHT TURN LANES. MINOR ARTERIAL RIGHT OF WAY 86' ROADWAY WIDTH 42' CURB 6' CURB SIDEWALK 4' SIDEWALK MINIMUM 4 LANE UNDIVIDED ROADWAY 11 FOOT LANE WIDTH DESCRIPTION 24 y UBOLO, TEXAS (PRU MiNAR17 TABLE 5-15 MAJOR THOROUGHFARE COST ANALYSIS MAJOR ARTERIAL CONSTRUCTION COST BORGFELD ROAD $2,365,000.00 HAECKERVILLE ROAD 2,769,000.00 . WOODLAND OAKS ROAD 1,945,000.00 FM 1103 EXTENSION 1.452.000.00 SUBTOTAL $8,531,000.00 MINOR ARTERIAL WIEDNER ROAD $2,208,000.00 SCHLATHER ROAD 1,626,000.00 MAIN STREET 2,051,000.00 2,350,000.00 AIRPORT ROAD 984.000.00 DEER CREEK ROAD SUBTOTAL $17,750,000.00 MAJOR THOROUGHFARE SYSTEM CAPACITY = 71,610 (POPULATION) EQUIVALENT LUE's = 27,308 COST PER LUE _ $17,750,000/27,308 LUE _ $650.00/LUE 6.0 FEE CALCULATION The maximum fee was established as $947 for water and as $664 for wastewater, roads $650, and drainage 5253. 7.0 CONCLUSIONS AND RECOMMENDATIONS 7.1 CONCLUSIONS AND RECOMMENDATIONS OF THE CONSULTANTS This report represents the technical compliance activities of the City of CIBOLO responsive to CHAPTER 395 of the 70th Texas Legislature, and to its amendments. In addition to the adoption of the fees calculated herein, the Consultants recommended: 25 aaoco,rsxas (1) Consideration of a fee escalator, based on the Engineering News Record Construction Cost Index, on an annual basis, to ensure that the fee assessed in any given year represents the true value of the fee and recovers full calculated cost value. (2) Consideration of collection of the fee in nominal dollars, for the same reasons. (3) Use of fee revenues to avoid future bonding, whenever possible. If the funds are available in a timely manner, approximately 16 percent of the water ten-year CIP could be cash -funded. (The remainder of the costs are attributable to either existing or post -2000 customers.) Roughly 70 percent of the wastewater 10 -year CIP could be cash funded (again, with the remaining costs attributable to post -2000 customers). (4) Only if recommendation number (3) is impracticable, the Consultants recommend consideration of using some of the fee proceeds for early retirement of the growth -related portion of existing bonds for growth -related capacity included in the CIP. This will tend to reduce rates for all customers and would have the added effect of reducing the "remaining indebtedness" credit for calculation of future fees. (5) Only when (3) or (4) are infeasible should fee proceeds be used for debt service for future customers. (6) The Consultants recommend that the City maintain separate dedicated accounts for water and sewer fee revenues, respectively, and retain accrued interest in each account, as stipulated in CHAPTER 395. Expenditures from those accounts must be carefully documented to demonstrate that the fee proceeds are used for the purposes for which they were collected, as required by law. The Consultants also recommend that the Utilities' records include the following information for each capital recovery fee payment made: (a) Date of final plat (date of fee assessment) (b) Ordinance number by which property is assessed a capital recovery fee (c) Date of tap purchase (d) Size of water meter (e) Number of LUE's for which a capital recovery fee is assessed (f) Amount of capital recovery fees paid (g) Date of payment of capital recovery fees (h) Special conditions or exceptions, if any (i) Sufficient locational information, consistent with city or county deed records, to enable the Utilities to establish ownership of property lil 7.2 AND CONCLUSIONS OF TBE ADVISORY COMMITTEE Throughout the study, the Advisory Committee recommended or approved several policy - related decisions, in addition to support for the overall technical study. In summary, those policy decisions included: 1 . recommend including in the fee calculations all major off-site facilities needed to provide water, ewer, drainage and local roadways service throughout the service areas. This included wastewater treatment which is funded by CIBOLO partially through impact fees to be collected by the Cibolo Creek Municipal Authority. 2. The service areas presented herein were recommended, as explained in the text above. 3. recommend that fees be charged on a pooled -cost basis rather than desegregated. 4. recommend that the City use the "living unit equivalency, or LUE, as the basis for charging water and sewer impact fees, and that the number of LUFs for a new development be based on the size of the water meter. They also recommended that the Utility Director be allowed to establish the appropriate number of LUES based on engineering studies when unusual service or use justified such adjustments. 5. discussed the advisability of including an inflation -based fee escalator to maintain the value of the capital recovery fees collected, relative to the value of the fees at assessment or relative to the value of the fees at the date of ordinance adoption. The Committee recommended against such an escalator. 6. recommend collecting fees at time of building permit for properties within the City limits, and at time of tap purchase for properties outside the City. 7. Regarding the amount of fees assessed, recommend that the maximum amount of allowable fees be stated in the ordinance and that the City Council be provided the flexibility to set the fees at the maximum or at any lesser amount. 8. recommended that waivers or exemptions be allowed only to promote economic development in the community and no waiver be given to residential property. 9. recommended that a capital recovery fee for fire flow capacity be collected. 10. recommended that special payment program be established in cases of individual economic hardship or for septic tank "cutovers", allowing the feepayer to pay over a period up to five years instead of in a lump sum. 11. recommended that the ordinance allow the City to enter into contracts with fee payers to construct or finance portions of the utility in return for fee offsets. 12. recommended that appeals be allowed on generally all aspects of fee application and administration. 27 MINUTES OF CITY COUNCIL MEETING THE CITY COUNCIL OF CIBOLO CONDUCTED A REGULARLY SCHEDULED MEETING ON TUESDAY, NOVEMBER 14, AT 7:00 P.M. AT THE MUNICIPAL BUILDING, 109 SOUTH MAIN STREET, CIBOLO, TEXAS. THE FOLLOWING WAS BE THE ORDER OF BUSINESS: L CALL TO ORDER Mayor Sam Bauder called the meeting to order. II. ROLL CALL. Present were Mayor Bauder, Mayor pro -tem Jeff Miller, Councilman Bob Glisar, Councilman Chuck Ridge and Councilwoman Gail Douglas. Councilman Mark Buell was absent. III. INVOCATION. Mr. Glisar gave the opening prayer. IV. PLEDGE OF ALLEGIANCE. Mayor Bauder led the pledge. V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH) Lew Borgfeld expressed his interest in the impact fee ordinance. He said that he understood the necessity for the fee but hoped that the percentage set would not be so high that it discouraged development VI. CONSENSUS ITEMS: A. APPROVAL OF MINUTES OF OCTOBER 24,1995 Mr. Miller moved (Mr. Glisar) for approval. Approved. B. APPROVAL OF CHECK REGISTER FOR October 1995 Mr. Glisar asked about charges to the City of Schein and was told that was for dispatch service. Mr Glisar moved (Mr. Ridge) for approval. Approved VII. ACTION ON VOTING FOR GCAD BOARD OF DIRECTORS Mr. Miller moved (Ms. Douglas) that Sylvia Schalther receive all 28 votes from Cibolo. Approved VIII. DISCUSSION/APPROVAL OF AN ORDINANCE ASSESSING IMPACT FEES FOR NEW DEVELOPMENT IN THE CITY OF CIBOLO AND ITS EXTRA -TERRITORIAL JURISDICTION Mr. Glisar moved that the City asses impact fees of 60% of the maximum allowable for water ($568.20) and wastewater ($398.20) at the time of building permit application and 40% of the maximum allowable for streets ($260.00) and drainage ($93.20). Second by Mr. Miller. Approved by all. Vor"W1] Wel I will KU ORDINANCE # 461 IMPACT FEE ORDINANCE AN ORDINANCE APPROVING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF CIBOLO AND IMPOSING IMPACT FEES ON NEW PLATTING ACTIVITY AND OTHER NEW DEVELOPMENT Passed on the 14th day of NOVEMBER, 1995 Mayor Sam Bauder Councilman Jeff Miller Councilman Bob Glisar Councilman Mark Buell Councilman Chuck Ridge Councilwoman Gail Douglas Charles A. Balcar, City Administrator/City Secretary City of Cibolo PO BOX 88 Cibolo, Texas 78108 (210) 658-9900 CITY OF CIBOLO ORDINANCE # 461 AN ORDINANCE APPROVING THE CAPITAL IMPROVEMENTS PLAN OF THE CITY OF CIBOLO, TEXAS AND IMPOSING IMPACT FEES FOR THE EXTENSION OF WATER AND WASTEWATER FACILITIES AND FOR NECESSARY IMPROVEMENTS TO CORRECT IMPACT ON STREETS AND DRAINAGE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREAS, the City of Cibolo is authorized by chapter 395 of the Texas Local Government Code to enact impact fees as defined therein to finance certain capital improvements required by new development; and WHEREAS, pursuant to the requirements of chapter 395, an impact fee advisory committee appointed by the city council has developed land use assumptions for the City of Cibolo which have been approved by the city council; and WHEREAS, pursuant to the requirements of chapter 395, a capital improvements plan and maximum authorized impact fees have been developed by the city engineer, which plan is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the city council has conducted a public hearing on the proposed capital improvements plan and impact fees following due notice and publication as required by law; WHEREAS, the city council of the city of Cibolo desires to insure that impact fees as defined by the Texas Local Government Code and assessed within the City of Cibolo accurately represent the true costs of constructing capital improvements and facility expansions and are fair to the public and to the party upon whom the fees are imposed;