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ORDINANCE N0. ~~U ~/
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWER", OF
THE CODE OF THE CITY OF FORT WORTH (198b) , AS AMENDED,
BY AMENDING SECTION 35-70.5(a); FURTHER, BY AMENDING
SCHEDULE 2 INCORPORATED BY REFERENCE INTO SECTION
35-70.3(b); MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS
OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HERE-
WITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
Section 35-70.5(a) of the Code of the City of Fort Worth
(1986), as amended, is hereby amended and, after having been so
"amended, shall be and read as follows:
"Sec. 35-70.5. Computation and collection of impact
fees.
"a. The impact fees due for the new development shall
be collected prior to or at the time of issuance
of the building permit or prior to or at the time
of connection to the City's water or wastewater
system, unless an agreement has been executed
between the property owner and the City providing
for a different time of payment."
SECTION 2.
Schedule 2, incorporated by reference into Section
35-70.3{b) of the .Code of the City of Fort Worth (1986), as
amended, is hereby amended and, after having been so amended,
shall be and read as follows:
"Schedule 2.
I.
II.
Impact fee schedule to be collected, effective
date of adoption.
METER EQUIV. WATER IMPACT
SIZE FACTOR FEE
3/4" 1 $ 251.70
1" 1.75 440.48
1 1/2" 4 1,006.80
2" 7 1,761.90
3" 16 4,027.20
4" 28 7,047.60
6" 64 16,108.80
8" 100 25,170.00
10" 150 37,755.00
WASTEWATER IMPACT
FEE
$ 161.00
281.75
644.00
1,127.00
2,576.00
4,508..00
10,304.00
16,100.00
24,150.00
Impact fee schedule to be collected, effective
October 1, 1991.
METER
SIZE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
III. Impact fee schedule to be collected effective
October 1, 1992, until June 5, 1993.
METER
SIZE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
EQUIV.
FACTOR
1
1.75
4
7
16
28
64
100
150
EQUIV.
FACTOR
1
1.75
4
7
16
28
64
100
150
WATER IMPACT
FEE
$ 293.65
513.89
1,174.60
2,055.55
4,698.40
8,222.20
18,793.60
29,365.00
44,047.50
WATER IMPACT
FEE
$ 335.60
587.30
1,342.40
2,349.20
5,369.60
9,396.80
21,478.40
33,560.00
50,340.00
WASTEWATER IMPACT
FEE
$ 449.75
787.06
1,799.00
3,148.25
7,196.00
12,593.00
28,784.00
44,975.00
67,462.50
WASTEWATER IMPACT
FEE __
$ 514.00
899.50
2,056.00
3,598.00
8,224.00
14,392.00
32,896.00
51,400.00
77,100.00"
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SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986),
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase, clause, sen-
tence, paragraph. or section.
SECTION 5.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the cap-
tion and Sections 1 and 2 in the minutes of the City Council and
by filing the ordinance in the ordinance records of the City.
3
SECTION 6.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
C~~
/~„ ,C,ity Att ney
Date:
ADOPTED • ~~G ~ //
EFFECTIVE :_ ~~~ _ l~
4
MASTER FILE•1
ACCOUNTING 2 Cam, of Fort ,~~~ Texas
JRANSPORTATION~PUBLIC .WORKS:a
WAVER AtSMINIS7 ~~ ~ a or and Council C;annmunicat~~on
y
~~~
DATE REFERENCE NUMBER LO NAME PA E
07/02/91 **C-12936 .60WHOLE 1 of 2
SUBJECT CONTRACT AMENDMENT TO THE WHOLESALE WATER AND WASTEWATER AGREEMENTS AND
AMENDMENT TO CITY ORDINANCE N0. 10601, REVISING THE IMPACT FEE COLLECTION
SCHEDULE ___
RECOMMENDATION:
It is recommended that
1. The City Council approve the contract amendment revising the wholesale water and
wastewater contracts concerning impact fees, and
2. Amend Ordinance 10601, revising the impact fee collection schedule and Section
1.10(a) deleting the phrase "whichever comes first."
DISCUSSION:
On June 5, 1990 the City Council adopted Ordinance 10601 establishing water and
wastewater impact fees and amending Chapter 35 of the Code of Fort Worth. The
ordinance also included Schedule 1 and Schedule 2 for assessment and collection of
impact fees. Under the ordinance a new development in Fort Worth is assessed at the
time of final platting using Schedule 1 and pays the fee at the time a building permit
is approved using the fees established in Schedule 2.
The wholesale water and wastewater contracts include provisions for charging wholesale
customers a fee equal to the charge imposed for the same size and/or type of connection
made within the jurisdiction of Fort Worth. The amount of the fee is tied to Schedule
2 of the Fort Worth impact fee ordinance.
On September 6, 1990 the Tarrant County Mayor's Council, City of Forest Hill, City of
Hurst, City of Keller, City of North Richland Hills and City of Edgecliff Village
jointly f i 1 ed a 1 awsui t against the City of Fort Worth seeking to i nval i date Fort Worth
Ordinance 10601 and the section of their contracts concerning access fees.
City Council directed staff to negotiate with representatives from the wholesale
customers. A settlement agreement was reached and approved by the Tarrant County
Mayor's Council and each wholesale customer has signed a contract amendment.
The major changes included in the contract amendment include:
o amending or adding definitions for the terms wholesale system access fee,
capital improvement and facility expansion;
o allowing either the wholesale customer or Fort Worth to charge impact fees
in excess of the wholesale system access fee;
o establishing a separate interest bearing account which is audited annually;
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,, ,
City of Fort Worth, Texas
Mayor and Council Communication
DATE
07/02/91 REFERENCE NUMBER
**C-12936 L G NAME
60WHOLE PAGE
2 of 2
SUBJECT AMENDMENTAMONCMTYTORDINANCEHNOES10601aTREVISINGATHEWIMPACTGFEEMCOLLECT~ON
SCHEDULE
o creation of a wholesale advisory committee which assists in the selection of
a consultant to assist Fort Worth in developing land use assumptions,
identifying capital improvements and formulations of access fees every three
years;
o an exhibit detailing the maximum wholesale system access fee amount
effective until June 5, 1993.
The revision of the wholesale system access fee establishes fee collection schedules
llection schedule for
Th
e co
which are different from those contained in Schedule 2.
the water impact fee was set at 30% of the maximum assessable for January 1, 1991 to
September 30, 1991, 40% of the maximum assessable for October 1, 1991 to September 30,
1992 and 50% of the maximum assessable for October 1, 1992 to September 30, 1993. The
wastewater impact fee was established at $161 for a 3/4" meter, or approximately 12.5%
of the maximum assessable effective for the date of the ordinance through September 30,
1991. No fee was established for wastewater beyond that date.
The wholesale water contract amendment reduces the collection schedule percentages
after September 30, 1991 to 35% of the maximum assessable for October 1, 1991 to
September 30, 1992 and 40% of the maximum assessable from October 1, 1992 until June
5, 1993.
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Adop
Su mitte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to A~~~~'~~~ ~Y
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Originating Department Nea
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Richard Sawey 8207 from .
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For Additional Information ,,
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Contact:
Richard Sawey 8207 Cftg Secresazy of she
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