§ 27-124. Definitions.

As applied in this article, the following words and terms shall be used:

Assessment: The determination of the amount of the maximum capital recovery fee per service unit which can be imposed on new development pursuant to this article.

Building permit: Written permission issued by the city for the construction, repair, alteration or addition to a structure.

Capital construction cost of service: Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees) and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.

Capital improvements plan (CIP): A plan which identifies water capital improvements or facility expansions for which capital recovery fees may be assessed.

Capital recovery fee: A fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Capital recovery fees do not include dedication of rights-of-way or easements, or construction or dedication of on-site or off-site water distribution facilities if the dedication or construction is required by a valid ordinance of the city and is necessitated by and attributable to the new development; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water mains or lines; or other pro rata fees for reimbursement of water mains or lines extended by the city.

City: The City of Eagle Pass.

City council (council): The governing body of the City of Eagle Pass.

City engineer (engineer): The city engineer of the City of Eagle Pass.

City manager: The chief executive officer of the city, appointed by the council.

Commercial development: For the purposes of this article, all development which is neither residential nor industrial.

Comprehensive Plan (Master Plan): The comprehensive long-range plan, adopted by the city council, which is intended to guide the growth and development of the city which includes analysis, recommendations and proposals for the city regarding such topics as population, economy, housing, transportation, community facilities and land use.

Credit: The amount of the reduction of a capital recovery fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.

Existing development: All development within the service area which has a water tap on the city's water system or on another centralized water system, as of the date of the adoption of this article.

Facility expansion: The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.

Final subdivision plat: The map, drawing or chart on which is provided a subdivider's plan of a subdivision and which has received final approval by the planning and zoning commission or city council and which is recorded with the office of the county clerk.

Growth-related costs: Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include:

(1)

Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan;

(2)

Repair, operation or maintenance of existing or new capital improvements or facility expansions;

(3)

Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;

(4)

Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;

(5)

Administrative and operating costs of the city; and

(6)

Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements plan.

Impact fee advisory committee (advisory committee): An advisory committee, appointed by the city council, consisting of at least five (5) members, not less than forty (40) percent of whom shall be representatives of the real estate, development or building industries who are not employees or officials of the city, and if capital recovery fees are to be applied within the extraterritorial jurisdiction of the city, including one (1) member representing the extraterritorial jurisdiction. The advisory committee may consist of the planning and zoning commission, including one (1) regular member who is not an employee or official of the city and who is representative of the real estate, development or building industry, and, if capital recovery fees are to be applied within the extraterritorial jurisdiction of the city, one (1) representative of the extraterritorial jurisdiction area. The advisory committee is appointed to regularly review on the progress of the capital improvements plan and update or revise the land use assumptions, capital improvements plan, and impact fee in accordance with the requirements of chapter 395 of the Texas Local Government Code, as amended, or any successor statute.

Industrial development: Development which will be assigned to the industrial customer class of the water utility; generally, development in which goods are manufactured or development which is ancillary to such manufacturing activity.

Land use assumptions: Description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a ten (10)-year period, adopted by the city, as may be amended from time to time, upon which the capital improvements plan is based.

Living unit equivalent (LUE) : Basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a five-eighths-inch diameter simple water meter, using American Water Works Association C700-C703 standards. LUEs for water meters are as follows:

Meter Size/Type	LUEs
⅝ ″ Simple	1.0
¾″ Simple	1.5
1″ Simple	2.5
1½″ Simple	5.0
2″ Simple	8.0
2″ Compound	8.0
2″ Turbine	10.0
3″ Compound	16.0
3″ Turbine	24.0
4″ Compound	25.0
4″ Turbine	42.0
6″ Compound	50.0
6″ Turbine	92.0
8″ Compound	80.0
8″ Turbine	160.0
10″ Compound	115.0
10″ Turbine	250.0
12″ Turbine	330.0

 

New development: Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land, any of which increases the number of service units for water service and purchase of a new water tap.

Offset: The amount of the reduction of a capital recovery fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city's subdivision regulations or requirements.

Residential development: A lot developed for use and occupancy as a residence or residences, according to the city's zoning ordinance.

Service area: An area within the corporate boundaries and within the extraterritorial jurisdiction, as defined by chapters 42 and 43 of the Texas Local Government Code, as amended, or any successor statute, to be served by the water capital improvements or facilities expansions specified in the capital improvements plan applicable to the service area.

Service unit: Standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the city in which the individual unit of development is located during the previous ten (10) years for a particular category of capital improvements or facility expansions, expressed in living units equivalent.

Site-related facility: Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.

System-related facility: A capital improvement or facility expansion which is designated in the capital improvements plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located off-site, within or on the perimeter of the development site.

Tap purchase: The filing with the city of a written application for a water tap and the acceptance of applicable fees by the city.

Water facility: Improvement for providing water service, including, but not limited to, land or easements, treatment facilities or mains. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to the new development.

Water facility expansion: Expansion of the capacity of any existing water facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing water facility to better serve existing development.

Water improvements plan: Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water capital recovery fees pursuant to this article.

(Ord. No. 90-10, § 1(1.04), 8-28-1990; Ord. No. 2018-13, § 2(Exh. 3), 4-17-2018)