| Item Title: | Planning & Development-FY20 Certificate of Compliance Fee*** | | Submitted By: | Jose M. Landeros, Director, Planning & Development Department (915) 546-2015 | | Subject: | Pursuant to Texas Local Government Code Chapter 232.028(g), Certification Regarding Compliance with Plat Requirements, approve and adopt an increase to the fee for the issuance of Certificates of Plat Compliance from $25 to $32 for properties located within the City of El Paso's extraterritorial jurisdiction and $30 for all other properties in the unincorporated area. All fee increases shall be effective October 1, 2019. (OP 19-779) | | Background: | During the 74th Texas Legislature, the State authorized counties along the US/Mexico Border to further regulate land use and development to reduce and eliminate the proliferation of colonias throughout their communities. Chapter 232.028(g) of the Texas Local Government Code specifically requires that individual lot/property owners, prior to receiving utility services, including electricity, verify the availability of sanitary drinking water and sewer service on their property.
The County is authorized to issue a "Certificate of Compliance" when these criteria are met. The original fee within the statute was tied to other provisions in state law, however, during the 80th Legislative Session, HB 3834 authorized the County, upon determination and majority vote of the Commissioners Court, to set the fee at a maximum of $30, or, the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Texas Local Government Code 212.0115. At this time, the County continues to charge residents the same rate it has since 1995 ($25). The City of El Paso currently imposes a fee of $32 for Platting Determinations, which include a $2 technology fee.
The Court may impose a $32 fee for properties located in the extraterritorial jurisdiction (ETJ) of the City of El Paso, which would include the areas currently seeing a significant increase in housing development (Canutillo Heights, Mission Ridge, Gateway Estates). An estimated 80 percent of Certificates of Plat Compliance are issued within the City of El Paso's ETJ. | | Fiscal Impact: | Total Certificates Issued Through FY19-Q3: 1,159
Total Certificates Issued in FY19 Estimate: 1,500
Total Estimated Certificates for Entire FY20: 1,500
80 Percent within the City of El Paso ETJ: 1,200
20 Percent outside the City of El Paso ETJ: 300
Total Projected Increase in Revenue: $9,900 in FY20
Total for 1,500 Certificates: $37,500 (Existing Fee Structure)
Total for 1,500 Certificates: $47,400 (Proposed Fee Structure)
1,200 (80% City of EP-ETJ) x $32 = $38,400
300 (20% Non-City ETJ) x $30 = $9,000 | | Recommendation: | Pursuant to Texas Local Government Code Chapter 232.028(g), Certification Regarding Compliance with Plat Requirements, approve and adopt an increase to the fee for the issuance of Certificates of Plat Compliance from $25 to $32 for properties located within the City of El Paso's extraterritorial jurisdiction and $30 for all other properties in the unincorporated area. All fee increases shall be effective October 1, 2019. (OP 19-779) | | Prior Action: | N/A | | Strategic Plan: | .. | | Strategic Plan Information: | |
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