HomeMy WebLinkAboutOrdinance 10601~ ~ - ,
,
e. _
.~... ,4~:
r.,
~~~~ ~ ~ t
~. 1
-. ORDINANCE NO. _ ID tP
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND
SEWER", OF THE CITY CODE OF THE CITY OF FORT
WORTH (•1986), AS AMENDED, BY PROVIDING FOR AND
ESTABLISHING WATER AND WASTEWATER IMPACT FEES;
MAKING THIS ORDINANC~'s CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES AND
PROVISIONS OF THE CODE OF THE CITY OF FORT
WORTH IN CONFLICT HEREWITH, PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT, AND PROVIDING AN EFFECTIVE
DATE
Whereas, the City Council of the City of Fort Worth, Texas
deems it necessary and proper and in the best interests of the
citizens of Fort Worth to promote the safe, orderly and healthful
development of land, and ,
f
Whereas, the continued substantial economic growth within the
City has placed and continues toy place an increased burden on the
City's water and wastewater treatment plants, and
Whereas, the City Council of the City of Fort Worth must
strive to provide long-range solutions to the water and wastewater
needs of the citizens of the City of Fort Worth, and
Whereas, the City Council of the City of Fort Worth, in
adopting this ordinance, has met all requirements of Chapter 395
of the Texas Local Government Code
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS.
That Chapter 35 of the Code' of the City of Fort Worth, Texas
(1986), as amended, is hereby amended by adding Section 35-58 2,
entitled "Water and Wastewater Impact Fees", and shall be and read
as follows
SECTION 1.
Article 1. General Provisions
§ 1.01 Short Title
This Chapter shall be known and cited as the Fort Worth Impact Fee
Chapter
1
§ 1 02 Purpose
This Chapter is intended to assure the provision of adequate public
facilities to serve new development in the City by requiring each
such development to pay its pro rata share of the costs of capital
improvements necessitated by and attributable to such new
development.
§ 1.03 Authority
This Chapter is adopted pursuant to Tex. Local Gov't Code Ch 395
(Vernon 1990 Supp ) (SB336) and pursuant to the Fort Worth City
Charter. The provisions of this Chapter shall not be construed
to limit the power of the City to utilize other methods authorized
under state law or pursuant to other City powers to accomplish the
purposes set forth herein, either in substitution for or in
conjunction with this Chapter.
§ 1.04. Definitions
(1) Advisory Committee means the City's Capital Improvements
Plan Advisory Committee, originally appointed by
Resolution No. 1487.
(2) Assessment means the determination of the amount of the
maximum impact fee per service unit which can be imposed
on new development pursuant to this Chapter
(3) Benefit area means either a water benefit area
established pursuant t:o Article 2 of this chapter or a
wastewater benefit area established pursuant to Article
3 of this chapter, within the City and the City's
extraterritorial jurisdiction, within which impact fees
for capital improvements or facility expansions will be
collected for new development occurring within such area
and within which fees so collected will be expended for
those improvements or expansions identified in the
capital improvements plan applicable to the benefit area
for that category of capital improvement.
(4) Capital improvement m~sans either a water facility or a
wastewater facility, with a life expectancy of three or
more years, to be ownead and operated by or on behalf of
the City.
(5) City means the City of: Fort Worth, Texas
2
' ~~ ~~
x~.
(6) Credit means the amount determined under this Chapter by
which a wastewater impact fee is reduced as a result of
the payment of wastewater system access fees imposed
pursuant to section 35-58.1 of the City Code by a new
development prior to the effective date of this
ordinance. Credit does not include a reduction in the
amount of an impact fee due for payment of connection
charges pursuant to section 35-57 of the City Code or for
payment of front foot charges pursuant to section 35-58
of the City Code
(7) Facility expansion means either a water facility
expansion or a wastewater facility expansion.
(8) Final plat recordation means the filing of the final plat
with Tarrant County following compliance with all
conditions of approval pursuant to the City's subdivision
regulations.
(9) Impact fee means either a fee for water facilities or a
fee for wastewater facilities imposed on new development
by the City pursuant to this Chapter in order to generate
revenue to fund or recoup the costs of capital
improvements or facility expansion necessitated by and
attributable to such new development. Impact fees do
not include the dedication of rights-of-way or easements
for such facilities, or the construction of such
improvements. Impact frees also do not include connection
charges imposed pursuant to section 35-57 of the City
Code or front footage charges for wastewater and water
lines imposed pursuant to section 35-58 of the City Code
(10} Impact fee capital improvements plan means either a water
capital improvements plan or a wastewater capital
improvements plan adopted or revised pursuant to this
Chapter
(11) Land use assumptions means the projections of population
and employment growth within the benefit area adopted by
the City, as may be amended from time to time, upon which
the capital improvements plans are based.
(12) New development means a project involving the
construction, reconstruction, redevelopment, conversion,
structural alteration, relocation, or enlargement of any
structure; or any use or extension of the use of land;
any of which has the effect of increasing the
requirements for capital improvements or facility
expansions, measured lby the number of service units to
be generated by such activity, and which requires either
the approval of a plat pursuant to the City's subdivision
regulations, the issuance of a building permit, or
3
a~
connection to the City's water or
which has not been exempted from
regulations by provisions herein or
hereto
wastewater system and
compliance with these
by schedules attached
(13) Plat means the plan ar map for the subdivision to be
filed for record in Tarrant County. Plat includes
replat.
(14) Platting means the act of preparing for approval and
processing the plan ar map for the subdivision to be
filed for record in Tarrant County, pursuant to the
City's subdivision regulations. Platting includes
replatting
(15) Property owner means any person, group of persons, firm,
corporation, or any other legal entity have legal title
to or sufficient proprietary interest in the property on
which new development is to occur Pro erty owner
includes the developer for the new development.
(16) Recoupment means the imposition of an impact fee to
reimburse the City .far capital improvements which the
City has previously oversized to serve new development
(17) Service unit means one equivalent meter unit, which is
the standardized measure of consumption, use or
generation of wastewater or water facilities equivalent
to the consumption, use or generation of such facilities
attributable to a single-family dwelling unit utilizing
a 3/4" water meter.
(18) Utility connection means the physical connection of the
new development to tlhe City's water system or to the
City's wastewater system
(19) Wastewater facility means land or easements and
improvements associaited with wastewater treatment
facilities, whether or not such facilities are owned and
operated by the City or in behalf of the City.
Wastewater facility excludes wastewater collection mains
and facilities
(20) Wastewater facility expansion means the expansion of the
capacity of any existing wastewater facility for the
purpose of serving new development, but does not include
the repair, maintenance, modernization, or expansion of
an existing wastewater facility to serve existing
development
{21) Wastewater capital improvements plan means the adopted
plan, as may be amended from time to time, which
4
~,.
identifies the wastewater facilities or wastewater
facilities expansions and their associated costs which
are necessitated by and which are attributable to new
development, for a period not to exceed 10 years, and
which are to be financed in whole or in part through the
imposition of wastewater impact fees pursuant to this
Chapter.
(22) Water facility means land or easements or improvements
associated with water treatment facilities, water
storage, and water pumping facilities.. Water facility
excludes water distribution mains and facilities.
(23) Water facility .expansion means the expansion of the
capacity of any existing water facility for the purpose
of serving new develapment, but does not include the
repair, maintenance, modernization, or expansion of an
existing water improvement to serve existing development.
(24) Water capital improvements plan means the adopted plan,
as may be amended from time to time, which identifies the
water facilities or wager facilities expansions and their
associated costs which are necessitated by and which are
attributable to new development, for a period not to
exceed 10 years, and which are to be financed in whole
or in part through the imposition of water impact fees
pursuant to this Chapt;er.
§ 1.05. Applicability
The provisions of this Chapter apply to all new development within
the corporate boundaries of the City and its extraterritorial
jurisdiction which lies within t:he benefit area. The provisions
of this Chapter apply uniformly within each benefit area
§ 1 06 Impact Fee as Condition of Development Approval
No final plat or replat for new development shall be approved
within the benefit area for recording without assessment of an
impact fee pursuant to this Chapter, and no building permit shall
be issued nor shall any utility connection be made until the
applicant has paid the impact fee imposed by and calculated herein.
§ 1 07. Land Use Assumptions
a. The land use assumptions for water facilities are
attached hereto as Exhibit A and are incorporated herein
by reference.
5
~y
b The land use assumptions for wastewater facilities are
attached hereto as Exhibit B and are incorporated herein
by reference
c. The land use assumptions for the benefit area shall be
updated utilizing the amendment procedure set forth in
§ 1.18.
§ 1 08. Impact Fees per Service Unit
a. Maximum impact fees per service unit shall be calculated
for wastewater facilities within the wastewater benefit
area and for water facilities within the water benefit
area and shall be the amount set forth in schedule 1,
attached hereto and made a part of this Chapter by
reference.
b. The impact fee per service unit for each category of
capital improvements, which is to be paid by each new
development within the benefit area, shall be that
established by the City Council, as may be amended from
time to time, and shall be not more than the maximum
impact fee per service unit established in subsection
(a) Impact fees which are to be paid shall be as set
forth in schedule 2, attached hereto and made a part of
this Chapter by reference
c Impact fee schedules 1. and 2 may be amended from time to
time utilizing the amendment procedure set forth in §
1 18
§ 1 09. Assessment of Impact lFees
a Assessment of the impact fee for any new development
shall be made as follows.
(1) For a development which is submitted for approval
pursuant to the' City's subdivision regulations
following the effective date of this Chapter,
assessment shall occur at the time of final plat
recordation, and shall be the amount of the maximum
impact fee per service unit then in effect, as set
forth in schedule 1 The City, in its sole
discretion, may provide the subdivider with a copy
of schedule 1 prior to final plat approval, but such
shall not constitute assessment within the meaning
of this Chapter.
6
,~
(2) For a development which has received final plat
approval prior to the effective date of this
Chapter, for which no replatting is necessary prior
to issuance of a building permit, and which plat has
been recorded with Tarrant County, or for lots which
predate the City's subdivision regulations and which
are exempt from platting requirements, assessment
shall occur on the effective date of this ordinance,
and shall be the amount of the maximum impact fee
per service unit set forth in Schedule 1.
b. Following assessment of the impact fee for a new
development pursuant to subsection (a), the amount of the
impact fee per service unit for that development cannot
be increased, unless the owner proposes to change the
approved development by the submission of a new
application for final plat approval, in which case the
impact fee wi 11 be reassessed at the Schedul e 1 rate then
in effect
§ 1 10 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, whichever
occurs first, unless an agreement has been executed
between the property owner and the City providing for a
different time of payment
b Following the filing and acceptance of an application
for a building permit or the request for connection to
the City's water or wastewater system, the City shall
compute the impact fees due for the new development in
the following manner
(1) The amount of each impact fee due shall be
determined by multiplying the number of service
units generated by the new development by the impact
fee due per service unit for the benefit area using
schedule 2. The number of service units shall be
determined by using the conversion table contained
in the impact fee capital improvements plan
(2) The amount of each impact fee due shall be reduced
by any allowable credits for that category of
capital improvements, in the manner provided in
Section 1.12.
7
,~
c The amount of each impact fee due for a new development
shall not exceed an amount computed by multiplying the
maximum impact fee per service unit under Schedule 1 by
the number of service units generated by the development
d. If the building permit: for which an impact fee has been
paid has expired, and, a new application is thereafter
filed, the impact fees due shall be computed using
schedule 2 then in effect, and previous payments of
impact fees shall be c;redited against the new fees due
e. Whenever the property owner proposes to increase the
number of service units fora development, the additional
impact fees collected for such new service units shall
be determined by using Schedule 2 then in effect, and
such additional fee shall be collected either prior to
or at the time of issuance of a new building permit, or
prior to or at the time of the connection to the City's
water or wastewater system, or enlargement of such
connection
§ 1 11. Suspension of Fee Collection
a For any new development which has received final plat
approval in accordance with Tex Local Government Code
ch 212, or pursuant to the City's subdivision
regulations, or for which an application for final
approval has been made, prior to the effective date of
this Chapter, the City may assess, but shall not collect
any water impact fee as herein defined, on any service
unit for which a valid building permit is issued within
one year subsequent to the effective date of this
Chapter
b If the building permit, which is obtained within the
period provided for in subsection (a) subsequently
expires, and no new application for a building permit is
approved within such period, the new development shall
be subject to the payment of an impact fee, as provided
in § 1.10
§ 1.12 Credits Actainst Impact Fees
A property owner who has paid a wastewater system facility access
fee may reduce the amount of a wastewater impact fee due for a new
development on that lot or tract by the amount of the access fee
paid, following written request and approval by the City, provided
that no construction has occurred on the lot or tract and that no
utility connection has been made.
8
., ~-~
§ 1.13. Establishment of Accounts
a. The City shall establish an account to which interest is
allocated for each benefit area for each type of capital
facility for which an impact fee is imposed pursuant to
this Chapter Each impact fee collected within the
benefit area shall be deposited in such account.
b Interest earned on the account into which the impact fees
are deposited shall be considered funds of the account
and shall be used solely for the purposes authorized in
§ 1.14.
c. The City shall establish adequate financial and
accounting controls to assure that impact fees disbursed
from the account are utilized solely for the purposes
authorized in § 1 14. Disbursement of funds shall be
authorized by the City at such times as are reasonably
necessary to carry out the purposes and intent of this
Chapter, provided, however, that funds shall be expended
within a reasonable period of time, but not to exceed ten
(10) years from the date that an impact fee has been
paid
d The City shall maintain and keep financial records for
impact fees, which shall show the source and disbursement
of all fees collected in or expended from each benefit
area The records oi` such accounts shall be open for
public inspection and copying during ordinary business
hours
§ 1 14. Use of Proceeds of Impact Fee Accounts
a The impact fees collected for each benefit area pursuant
to this Chapter may be used to finance or to recoup the
costs of any capital .improvements or facility expansion
identified in the app>licable capital improvements plan
for the benefit area, including but not limited to the
construction contract price, surveying and engineering
fees, land acquisition costs (including land purchases,
court awards and coasts, attorney's fees, and expert
witness fees). Impact fees may also be used to pay the
principal sum and interest and other finance costs on
bonds, notes or other obligations issued by or on behalf
of the City to finance such capital improvements or
facility expansion.
9
b. Impact fees collected pursuant to this ordinance shall
not be used to pay for' any of the following expenses
(1) construction, acquisition or expansion of capital
improvements other than those identified in the
applicable capital improvements plan;
(2) repair, operation, or maintenance of any capital
improvements or facility expansion,
(3) upgrade, expansion or replacement of existing
capital improvements to serve existing development
in order to meet stricter safety, efficiency,
environmental or regulatory standards,
(4) upgrade, expansion or replacement of existing
capital improvements to provide better service to
existing development; provided, however, that impact
fees may be used to pay the costs of upgrading,
expanding or replacing existing capital improvements
in order to meet the need for new capital
improvements generated by new development, or
(5) administrative and operating costs of the City.
§ 1 15 Appeals
a The property owner or applicant for new development may
appeal the following decisions to the City Council (1)
the applicability of an impact fee to the development,
(2) the amount of the impact fee due; (3) the denial of
or determination of the amount of a credit, (4) the
application of a credit against an impact fee due, (5)
the amount of a refund due, if any
b The burden of proof shall be on the appellant to
demonstrate that the <~mount of the fee or the amount of
the credit was not calculated according to the applicable
schedule of impact fees or the guidelines established for
determining credits
c. The appellant must file a written notice of appeal with
the City within thirty days following the decision. The
development application may be processed while the appeal
is pending, if the notice of appeal is accompanied by a
bond or other sufficient surety satisfactory to the City
Attorney in an amount equal to the original determination
of the impact fee due.
10
§ 1 16 Refunds
a. Upon application, any impact fee or portion thereof
collected pursuant to this Chapter, which has not been
expended within the benefit area within 10 years from the
date of payment, shall be refunded, upon application, to
the record owner of the property for which the impact fee
was paid or, if the impact fee was paid by another
governmental entity, to such governmental entity,
together with interest calculated from the date of
collection to the date of refund at the statutory rate
as set forth in Article 1 03, Title 79, Revised Statutes
(Article 5069-1.03, Vernon's Texas Civil Statutes), or
its successor statute. An impact fee shall be considered
as expended on a first-in, first-out basis.
b An impact fee collected pursuant to this Chapter shall
also be considered expended if, within ten years
following the date of payment, the total expenditures for
capital improvements or facility expansion authorized in
§ 1 14 within the benefit area exceeds the total fees
collected within the benefit area for such improvements
or expansions during such period
c. If a refund is due pursuant to subsections (a) and (b),
the City shall divide the difference between the amount
of expenditures and the amount of the fees collected by
the total number of service units assumed within the
benefit area for the period to determine the refund due
per service unit The refund to the record owner shall
be calculated by multiplying the refund due per service
unit by the number of service units for the development
for which the fee was paid, and interest due shall be
calculated upon that amount
d Upon completion of all the capital improvements or
facility expansion identified in the capital improvements
plan for the benefit area, the City shall recalculate the
maximum impact fee peer service unit using the actual
costs for the improvements or expansions. If the maximum
impact fee per service unit based on actual cost is less
than the impact fee per service unit paid, the City shall
refund the difference, if such difference exceeds the
impact fee paid per service unit by more than 10$ If
the difference is less than 10~, no refund shall be due
The refund to the record owner shall be calculated by
multiplying such difference by the number of service
units for the development for which the fee was paid, and
interest due shall be calculated upon that amount.
11
§ 1 17 Rebate
If the building permit for a new development for which an impact
fee has been paid has expired, no utility connections for that
category of capital improvements Jhave been made to the development,
and a modified or new application has not been approved within six
months of such expiration, the City shall, upon written
application, rebate the amount of the impact fee to the record
owner of the property for which the impact fee was paid If no
application for rebate pursuant to this subsection has been filed
within this period, no rebate shall become due.
§ 1 18. Updates to Plan and Revision of Fees
a The City shall update its land use assumptions and
capital improvements plans at least every 3 years,
commencing from the date of adoption of such plans, and
shall recalculate they impact fees based thereon in
accordance with the procedures set forth in Texas Local
Gov't Code, Ch 395, or in any successor statute
b The City may review its land use assumptions, capital
improvements plans, impact fees and other factors such
as market conditions more frequently than provided in
subsection (a) to determine whether the land use
assumptions and capital improvements plans should be
updated and the impact fee recalculated accordingly, or
whether Schedules 1 or 2 should be changed
c. If, at the time an update is required pursuant to
subsection (a), the City Council determines that no
change to the land use assumptions, capital improvements
plan or impact fee is needed, it may dispense with such
update by following the procedures in Texas Local Gov't
Code, section 395 0575
§ 1.19. Use of Other Financing Mechanisms
a The City may finance capital improvements or facility
expansion designated :in the capital improvements plan
through the issuance of bonds, through the formation of
public utility districts or other assessment districts,
or through any other authorized mechanism, in such manner
and subject to such limitations as may be provided by
law, in addition to the use of impact fees
:12
b. Except as herein othertaise provided, the assessment and
collection of an impact. fee shall be additional and
supplemental to, and not in .substitution of, any other
tax, fee, charge or assessment which is lawfully imposed
on and due against the property
§ 1 20 Impact Fee as Additional and Supplemental Regulation
Impact fees established by this Chapter are additional and
supplemental to, and not in substitution of, any other requirements
imposed by the City on the development of land, the issuance of
building permits, or the connect:ion of utilities Such fee is
intended to be consistent with and to further the policies of
City's comprehensive land use plan, the capital improvements plan,
the zoning ordinance, subdivision regulations and other City
policies, ordinances and resolutions by which the City seeks to
ensure the provision of adequate public facilities in conjunction
with the development of land
§ 1.21 Relief procedures
a. Any person who has paid.an impact fee or an owner of land
upon which an impact fee has been paid may petition the
City Council to detern-ine whether any duty required by
this ordinance, other than those matters which may be
appealed pursuant to section 1.15, has not been performed
within the time so prescribed The petition shall be
in writing and shall state the nature of the unperformed
duty and request that t:he duty be performed within sixty
days of the request If the City Council determines that
the duty is required ;pursuant to the ordinance and is
late in being performed, it shall cause the duty to
commence within 60 days of the date of the request and
to continue until completion
b The City Council may grant a variance from any
requirement of this ordinance, upon written request by
a property owner subject to the ordinance, following a
public hearing, and only upon finding that a strict
application of such requirement would, when regarded as
a whole, result in confiscation of the property
c If the City Council grants a variance that reduces the
amount of the impact fee due for a new development under
this Chapter, it shall cause to be appropriated from
other City funds the amount of the reduction in the
impact fee and deposit such funds in the account for the
benefit area in which the property is located.
13
:~
§ 1.22 Exem tion from Ordinance
Any building permit application which was duly accepted for filing
prior to the effective date of this Chapter and which is
subsequently granted, shall be exempt from the assessment and
payment of an impact fee, unless such application thereafter
expires.
Article 2 Water Facilities Impact Fees
§ 2 03 Water Benefit Area
a There is hereby established a water benefit area,
constituting the City and its extraterritorial
jurisdiction, as depicted on Exhibit C attached hereto
and incorporated herein by reference.
b The boundaries of the water benefit area may be amended
from time to time, or new water benefit areas may be
delineated, pursuant to the procedures in § 1.18
§ 2.02 Water Capital Improvements Plan
a The Water Improvements Plan for the City of Fort Worth
is hereby adopted ass Exhibit D attached hereto and
incorporated by reference herein
b The Water Improvements Plan may be amended from time to
time, pursuant to the procedures in § 1 18
§ 2 03 Water Facilities Impact Fees
a The maximum impact fees per water meter for water
facilities are hereby adopted and incorporated in
Schedule 1 attached thereto and made a part hereof by
reference.
b The impact fees per service unit for water facilities,
which are to be paid key each new development, are hereby
adopted and incorporated in Schedule 2 attached hereto
and made a part hereof by reference.
c The impact fees per service unit for water facilities
may be amended from time to time, pursuant to the
procedures in § 1.18
§ 2 04 Enlargement of Connection by Existina Development
If the property owner of any existing development within the
benefit area requests enlargement of a water meter presently
serving the development, and no new development is to occur on the
14
~,
property, the owner shall pay the fee prescribed by section 1.I0
for the increase in size of the meter prior to installation of the
enlarged meter
§ 2.05. New Connection by Existing Development
If any existing development within the benefit area presently
utilizes a water well, a septic tank, or an individual waste
disposal system and the property owner requests to be connected to
the City's water system, the customer shall pay the fee prescribed
by section 1.10 prior to connection to such system.
§ 2.06 Prior Code Provisions
After June 20, 1990, no front footage charges shall be collected
for connection to City-installed water lines or mains
Article 3. Wastewater Facilities Impact Fees
§ 3.01. Wastewater Benefit Area
a There is hereby established a wastewater benefit area,
constituting the City and its extraterritorial
jurisdiction; as depicted on Exhibit E attached hereto
and incorporated herein by reference
b The boundaries of the wastewater benefit area may be
amended from time to time, or new wastewater benefit
areas may be delineated, pursuant to the procedures in
§ 1 18
§ 3 02. Wastewater Capital Improvements Plan
a. The Wastewater Improvements Plan for the City of Fort
Worth is hereby adopted as Exhibit F attached hereto and
incorporated by reference herein.
b. The Wastewater Improvements Plan may be amended from time
to time, pursuant to the procedures in § 1 18.
§ 3.03. Wastewater Facilities Impact Fees
a. The maximum impact fees per water meter for wastewater
facilities are hereby adopted and incorporated in
Schedule 1 attached hereto and made a part hereof by
reference.
15
b The impact fees per service unit
facilities, which are to be paid by each
are hereby adopted and incorporated
attached hereto and made a part hereof
c. The impact fees per service unit
facilities may be amended from time to
the procedures in § 1.18.
for wastewater
new development,
in Schedule 2
by reference
for wastewater
time, pursuant to
§ 3 04 Enlargement of Connection by Existing Development
If the property owner of any existing development within the
benefit area requests enlargement of a water meter presently
serving the development, and no new development is to occur on the
property, the owner shall pay the fee prescribed by section 1 10
for the increase in size of the meter prior to installation of the
enlarged meter
§ 3 05 New Connection by Existing Development
If any existing development within the benefit area presently
utilizes a water well, a septic tank, or an individual waste
disposal system and the property owner requests to be connected to
the City's wastewater system, the customer shall pay the fee
prescribed by section 1.10 prior to connection to such system
Prior Code Provisions
§ 3 06 Prior Code Provisions
With respect to the providing of: retail wastewater services within
the corporate limits of the city, this Chapter replaces and
supercedes those provisions for payment of wastewater system
facility access fees pursuant to section 35-58 1 of the City Code
After the effective date of this ordinance, all retail wastewater
system facility impact fees shall be imposed on or collected from
a new development subject to this Chapter. After June 20, 1990,
no front foot charges shall be collected for connection to City-
installed wastewater lines and mains.
SEC'.P I ON 2 .
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of th.e 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
16
..
,.
Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed
SECTION 3.
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, paragraphs 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, sentence, paragraph or
section
SECTION 4.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption, Section 1, Schedule 1 a.nd Schedule 2 in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City
SECTION 5.
This ordinance shall be in full force and effect on June 11,
1990, save that Article 2 hereof shall be effective as of January
1, 1991, and it is so ordained
APPROVED AS TO FORM A/ND LEGALITY
".'°~/ _
-~ity At or ey / Q
//////~~~~~~~~~~~~"" Date : ~v / 9 ~~ _
ADOPTED : .v-~.-e--r,. ~ ~ R ~ _
EFFECTIVE ~t~~l~ IL , ~~~~ _____
17
SCHEDULE
OF
FEES
.~
SCSEDULE I
HATER AND WASTEWATER IMPACT SEE ASSESSMEII? SCHEDOLE
METER EQUIVALENCY
SIZE FACTOR
3 / 4" 1
1" 1.75
1-1/2" 4
2" 7
3" 16
4" 28
6" 64
8" 100
10" 150
WATER
IMPACT
FEE
$839.00
1,468.25
3,356.00
5,873.00
13,424.00
23,492.00
53,696.00
83,900.00
125,850.00
WASTEWATER
IMPACT
FEE
$1,285.00
2,248.75
5,140.00
8,995.00
20,560.00
35,980.00
82,240.00
128,500.00
192,750.00
SCHEDULE 2
I. Impact fee schedules to be collected, effective at the date
of the adopted ardinance through September 30, 1990.
WASTEWATER IMPACT
WATER FEE~EFFECTIVE FROM
METER EQUIV. IMPACT DATE OF ORDINANCE
STZE FACTOR FEE THROUGH 9/30/90
3/4" 1 $ 0 $ 128.80
1"" 1.75 0 225.40
1 1/2" 4 0 515.20
2" "1 0 901.60
3" 16 0 2,060.80
4" 28 0 3,606.40
6" 64 0 8,243.20
8" -100 0 12,880.00
10" 150 0 19,320.00
II. Impact fee ~scheduie to be collected, effective October 1,
1990, through December 31, 1990.
WASTEWATER IMPACT
WATER FEE EFFECTIVE
METER' EQUIV. IMPACT OCT. 1 -
SIZE =FACTOR I.~EE DEC. 31, 1990
3/4" 1 $ 0 $ 161.00
1" `1.75 0 281.75
1 1j2" 4 0 644.00
-2"' 7 0 1,12 7 .0 0
3" 16 0 2,576.00
4" 28 0 4,508.00
6" 64 0 10,304.00
8" 100 0 16,100.00
10"" 150 0 24,150.00
III. Impact fee schedule to be collected, effective January 1,
1991.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR "FEE FEE
3/4" 1 $ 251.70 $ 161.00
1" 1.75 440.48 281.75
1 1/2" 4 1,006.80 644.00
2" 7 1,761.90 1,127.00
3" 16 4,027.20 2,576.00
4" 28 7,047.60 4,508.00
6" 64 16,108.80 10,304.00
8" 100 25,170 00 16,100.00
10" 150 37,755.00 24,150.00
si 3
4 .7°
IV. Impact fee schedule to be collected, effective October 1,
1991.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR FEE FEE
3/4" 1 $ 335.60
1" 1.7'5 587.30
1 if 2" 4 1,342.40
2" 7 2,349.20
3" 16 5,369.60
4~~ 2g 9,396.80
6" 64 21,47.8.40
8" 100 33,560.00
10" 150 50,340.00
V. Impact fee schedule to be collected effective October 1,
1992.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR FEE FEE
3/4" 1 $ 419.50
1" 1.75 733.25
1 1/2" 4 1,676.00
2~~ 7 2 , 933.00
3" 16 6,704.00
4" 28 11,732.00
6" 64 26,816.00
8" 100 41,900.00
10" 150 62,850.00
VI. Impact fee schedule to be collected effective October 1,
1993.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR FEE FEE
3/4" 1 $ 503.40
1" 1.75 880.95
1 1/2" 4 2,013.60
2" 7 3,523.80
3" 16 8,054.40
4" 28 14,095.20
6" 64 32,217.60
8" 100 50,340.00
10'° 150 75,510.00
VII. Impact fee schedule to be collected effective October 1,
1994.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR -FEE FEE
3/4" 1 $ 671.20
1" 1.75 1,468.25
1 1/2 " 4 3,356.00
2" 7 5,873.00
~`A
• t
y. s F!
3" 16 13,424.00
4" 28 23,492.00
6" 64 53,696.00
8" 100 83,900.00
10" 1-50 125,850.00
VIII.Impact fee schedule to be collected effective October 1,
1995.
METER EQUIV. WATER IMPACT WASTEWATER IMPACT
SIZE FACTOR FEE FEE
3/4" 1 $ 839.00
1" 1.`T5 1,468.25
1 1/2" 4 3,356.00
2" ~7 5,873.00
3" 16 13,424.00
4"" 28 23,492.00
6" 64 53,696.00
8" 100 83,900.00
10" 150 125,850.00
* No .Schedule established for Wastewater Impact Fees
r .~ A
~~`-~
Approved the ordinance adopting a water and wastewater impact fee together
with Schedule 1 and 2, but amending Schedule 2 by deleting roman numeral III
and amending ordinance to make the effective date June 11, 1990, and required
that this item 6e placed on the agenda for next week adopting Schedule 2,
roman numeral III.
~, _ <,
~aNSTER FILED
AGCOUnTINO.2 y„2,.~ ~ Fig ~2t~ ®~ ~L ®Y ~ ~®Y Q.OIL~ ~~i~'I,IL~Y
iRArySPURTATION~PUHLIC+~(ORtt{~~®~ ~~ ]/ ~®~~~~~ ]] /~®~~~~~~~ n ~®~
N>rER AO MINISIRATIJ f1 A \~//~~/ (,L/^(/~/ (/(/~ (~/ (7/L"
I.P ~Y 1
B ~~-- Li
DATE REFERENCE suB~ECTADOPTION OF WASTEWATER AND WATER PAGE
NUMBER IMPACT FEE ORDINANCE
1
5-15-90 G-8614 _"
' °f
RECOMMENDATION•
It is recommended that the City (:ouncil adopt the attached ordinance
establishing impact fees for wastewater and water.
DISCUSSION:
On December 5, 1989, the City Council established the Capital Improvements
Plan Advisory Committee whose duties include reviewing and assisting the City
in adopting the Land Use Assumptions for water and wastewater service areas.
On January 30, 1990, the City Council approved a resolution adopting the Water
and Wastewater Land Use Assumptions.
On February 27, 1990, the City Council approved a resolution calling for a
public hearing to consider the Capital Improvements Plan for water and
wastewater facilities and the associated impact fees.
On March 10, 1990, the City Council held a public hearing to consider the
Capital Improvements Plan for water and wastewater facilities; the hearing was
recessed and scheduled to be reconvened on May 15, 1990. The public hearing
was reconvened prior to the consideration of this M&C.
On May 1, 1990, a draft ordinance was introduced to the Pre-Council meeting.
IMPACT FEE ORDINANCE•
The impact fee ordinance which amends Chapter 35 of the code of the City of
Fort Worth by adding Section 35-58.2, applies to all new development within
the corporate boundaries of Fort Worth and its extraterritorial jurisdiction
("benefit area"). The ordinance establishes a maximum impact fee assessment
per service unit of $839 and $1,285 for water and wastewater facilities
respectively, to be assessed as set forth in Schedule 1, an attachment to the
ordinance. A second schedule, Schedule 2, is also referenced in the
ordinance, which will be the amount of impact fee per service unit which would
actually be collected. This allows City Council the flexibility to set impact
fees at some amount less than the maximum allowable by law. Anew development
would be assessed at the time of final platting using Schedule 1 and would pay
the fee at the time a building permit is approved using the fees established
in Schedule 2. Impact fees collected pursuant to the ordinance must be kept
in a separate interest-bearing account and used only to finance projects
designated in the Capital Improvements Plan. Procedures for refunds, rebates
and relief procedures are described in the ordinance.
Senate Bill 336 (codified in Chapter 395, Local Government Code) requir~-s~~~~ED
cities that assess impact fees to revise their ordinance to comply
~
l,~li L
U
statute by June 20, 1990. 1, ~T
SUBMITTED FOR IMt DISPOSITION BY COUNCIL. PRO~~~ED~Y
CITY MANAGER'S
OFFICE BY Ramon Guajardo 6191 Q APPROVED
ORIGINATING C OTHER (DESCRIBE) /~
/
(
DEPARTMENT HEAD: RlChard .$aWey 8246 ~~
T7:Y
CI .1~ ~
FOR ADDITIONAL INFORMAT~QN
CONTACT athy Gison 822 (,
1['t}(`(.~ ~4i.iJ ~i?;t;i:•f'' ~1 ~,
dA~tyE S6CZYtQLjt Of
3Y
~~ ~.,
rV
r
.~
l®
Texc~l
MAStER Ftl;lc. ~
ACCOUNTING 2
[RANSPORTATION~PUBLIC .WORRS+~ //
MATER AOMiNISiRATidN A~~~ // ®~
CAWs2 e!%/
v
pity ®f ' IF®r~ ~®~°~~., ~~~~~
DATE REFERENCE SUBJECT APPROVE THE MOTION TO IMPOSE PAGE
NUMBER WATER IMPACT FEES
1
7-12-90 **G-8702 '°`
RECOMMENDATION
It is recommended that the City Council approve the motion as
amended at the June 26, 1990 City Council meeting to impose water
impact fees at 30$ of the maximum allowable fee on January 1,
1991 and establish a five-year schedule for annual increases of
10~ on October 1, 1991, 1992, 1993 and 20~ on October 1, 1994 and
1995, and to continue wastewater impact fees as approved in
Schedule 2 until October 1, 1991
D_I SCUSS I ON
On June 5, 1990,. the City Council approved Sections I and II of
Schedule 2 On June 26, 1990, the City Council considered
amending City Ordinance No. 10601 by adding Section III to
Schedule 2, providing for water and wastewater impact fees
effective January 1, 1991. A motion was made to approve the
water impact fee at 20~ of the maximum allowable fee, and
continue the wastewater impact fee until October 1, 1991 at the
level previously approved by City Council A motion was made to
amend the water impact fee to 30$ of the maximum allowable fee
aril establish a five-year schedule for increases. The motion to
amend was approved, but the motion as amended was not put to a
vote Parliamentary procedure requires another vote to be taken
to approve the motion as amended This motion would provide for
a schedule of increases for water impact fees only
The attached Schedule 2 represents the collection rate for water
and wastewater impact fees which would be in place upon approval
of this M&C.
Prior to October 1, 1991, the level of impact fees for wastewater
to be collected after October 1, 1991 would require consideration
inasmuch as no fee is authorized after that date.
APPROVED BY
•
RG
saw
c~r~ couNCil
J U L 12 1990
~~~
City Secretary of the
Ci of Fort Worth Texal~
SUBMITTED FOR THE
OF ICE gyGER'S Ramon Guajardo 6191 DISPOSITION BY COUNCIL.
^ APPROVED PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
p
DEPARTMENT HEAD: Richard SdWey 8246 CITY SECRETARY
FOR ADDITIONAL INFORMATION
Gibson 8202
T
CT Kath Adopted Ordinance No. ~.~.~
DATE
CON
A
y