Ord 2018-010/amending Chapter 86, Article 5, Division 4 to change the methodology by which Water and Wastewater impact fees are calculated based upon peak flow

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ORDINANCE NO.2018-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 86, ARTICLE 5, DIVISION 4 TO CHANGE THE METHODOLOGY BY WHICH WATER AND WASTEWATER IMPACT FEES ARE CALCULATED BASED UPON PEAK FLOW; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council hereby finds and determines that the adoption of the following ordinance is in the interest of the public health, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Article 5, Division 4, Impact Fee Ordinance,of the San Marcos City Code is hereby amended as set forth below. Added text is indicated by underlining. Deleted text is indicated by strikethrough. SECTION 2. The following definitions in Section 86.294 of the San Marcos City Code are hereby added or amended as follows: Sec. 86.294. Definitions. Impact fee means a fee either for water facilities or for wastewater facilities imposed on new development in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansions necessitated by and attributable to the new development. Impact fees do not include: 1) the dedication of on-site rights-of-way or easements for water facilities or wastewater facilities,2) a requirement for the construction of such facilities imposed under the city's zoning or subdivision regulations, 3) fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains, 4) pro rata fees for reimbursement of the city's costs for extending water or wastewater mains, or 5) charges for water or wastewater services to a wholesale customer such as a water district, political subdivision of the state, or other wholesale utility customer. Peak Flow Calculation means the calculation of water demand based upon the proposed fixture types using city approved methodology. Schedule I means the maximum impact fee per service unit for each service area shall be established by category of capital improvements calculated by peak flow as outlined in section 86.297 and as shown in the table below: