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Agenda No. 8.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: March 17, 2026
Department: Executive Team
Subject: Ordinance 26-M-009 - Conduct a public hearing to consider amending Chapter 90 Article V. Water and Wastewater Capital Recovery Fees, Section 90-155 Appeals. (S.Williams/B.James)

BACKGROUND

On April 1, 2025 the City Council adopted an update to the City water and sewer impact fees. This ordinance set a June 1, 2025 date that properties platted on or after this date would be assessed water and sewer impact fees at the new rate  ($8,814 water and $5,556 sewer) versus the old rate ($2,934 and $1,668). Previously with regard to roadway impact fees the City phased in impact fee increases to allow developers in process to factor in this change in fee amount. At the time, the State Legislature was considering bills that would not have allowed these types of phase-ins (the language was subsequently amended to allow them). The goal of the process for adopting impact fees is to provide ample notice that fee increases will occur. Generally, staff has worked with developers with plats in process to get their plats filed if possible before this date. That being said, there can be some unusual circumstances where the facts of the situation — a large portion of the property was already platted, the property owner had subdivision improvement agreements in place and/or were working with staff on them, the owner had started the process of platting and likely could have moved to file the plat if they had ample notice of the impact of not doing so on the fees due. As such, staff is proposing to amend the appeals section to authorize an appeal to the amount of the fee due from the current amount to the prior amount.

GOAL

Develop water and wastewater infrastructure.

COMMUNITY BENEFIT

Provide an adequate water and wastewater supply now and in the future.

SUMMARY OF RECOMMENDED ACTION

Approval of Ordinance 26-M-009 amending Section 90-155 Appeals 

RECOMMENDATION

Approval of Ordinance 26-M-009.

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