Agenda

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13.

City Council Regular Meeting

Meeting Date:

09/14/2021

BACKGROUND

Founders Classical Academy on FM 1518 is proposing an expansion of the school by adding restrooms, classrooms and renovations to the lunchroom. The addtion of new classrooms increases the number of students, which in turn increases the number of service units, thus triggering the charge for roadway impact fees. The fee due for roadway impact fees is $9,310.00. Section 78-170 of the Cities Roadway Impact Fee Ordinance provides for appeals to the City's roadway impact fee ordinance. The applicant is appealing staff's decision as to the applicability of the fees.

Section 395.022 (b) of the Texas Local Government Code "Authority of Political Subdivision to Pay Fees" states: "A school district is not required to pay impact fees imposed under this chapter unless the board of trustees of the district consents to the payment of the fees by entering a contract with the subdivision that imposes the fees." Staff notes the language states that "school districts" as opposed schools or public schools are not required to pay impact fees. There are no court cases or Attorney General Opinions that go this exact question - applicability of impact fees to charter schools. As such staff believes the fees are applicable in this case.

Responsive Ed disagrees with staff's interpretation and application of this provision and outlines the basis for that in the attached letter.

GOAL

Provide a mechanism by which a property owner can appeal an administrative decision.

COMMUNITY BENEFIT

Ensure the provision of adequate roadway facilities to serve new development in the city by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development.

SUMMARY OF RECOMMENDED ACTION

Staff recommends denial of the proposed appeal.

FISCAL IMPACT

The fee amount being appealed is $9,310. However, if City Council grants the appeal based on the belief that Section 395.022 (b) of the Texas Local Government Code exempting school districts from being required to pay impact fees applies to charter schools, the fiscal impact would be more significant as staff would not charge charter schools impact fees in the future. Construction of a typical new charter school might be assessed $200,000 in impact fees (water, sewer and roads).

RECOMMENDATION

Staff recommends denial of the appeal as outlined in the staff report.

Attachments
Section 78 180 Appeals
LGC 395
Responsive Ed Letter