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HomeMy WebLinkAboutOrdinance 10598r,. ORDINANCE N0. ~~J 9~ 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 ORDINANCE 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 prgper and in the best interests of the citizens of Fort Worth to promote the safe, orderly and healthful development of land; and Whereas, the continued substantial ecoaomic~growth within the City has placed and continues to 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 Sectf on 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. § 1.02. 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 Oov't. Code Ch. 395 (Vernon 1990 Supp.) (S8336) 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 mesas 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 to 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 azea for that category of capital improvement. (4) Capital imvrovement means either a watez facility or a wastewater facility, with a life expectancy of three or more pears, to be owned and operated by or on behalf of the City. (5} City means the City of Fort Worth, Texas. 2 (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 35-5? of the City Code or for payment of front foot charges pursuant to section 35-58 of the City Code. (7) Facilit~- 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. (4) pac~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 constructioa of such improvements. mvac~ tees 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. elan 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 iacreasing the requirements for capital improvements or facility expansions, measured by 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 connection to the City's water or wastewater system and which has not been exempted from compliance with these regulations by provisions herein or by schedules attached hereto. (13) lat means the plan or map for the subdivision to be filed for record in Tarrant County. ,Plat includes replat. ~(14) Plattina means the act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the City's subdivision regulations. Plattina includes replattina. (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. ~roverty owner includes the developer for the new development. (16) Recoupment means the imposition of an impact fee to reimburse the City for 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 tacilities 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 the. City's water system or to the City's wastewater system. (19) Wastewater facil ty means land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the City or fn 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 caoital improvements elan means the adopted plan, as map 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 nee development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development. (24) Water capital improvements an means the adopted plan, as may be amended from time to time, which identifies the water facilities or water 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 Chapter. § 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 the 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 yse Assumptions a. The land use assumptions for water facilities are attached hereto as Exhibit A and art incorporated herein by reference. S b. The land use assumptions foz s~asteWater facilities are attached hereto as Exhibit 8 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 ner Service Onit 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 map be amended from time to time utilizing the amendment procedure set forth in § 1.18. § I.09. a. Assessment of Impact Fees 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 pet service unit then in effect,~as set forth in schedule 1. The City, in its sole discretion, map 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 ao 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 Citp'a subdivision regulations and which are euempt from platting requirements, assessment shall occur on the effective date of this ordinance, and shall be the amount of the masimum 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 sew application for final plat approval, is which case the impact fee wi 11 be reassessed at the Schedule 1 rate then in effect. § 1.10. Comvutation and Collection o 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 oz 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 s 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 waits generated by the development. d. If the building permit for which as impact fee has been paid has expired, and a new application is thereafter filed, the impact tees due shall be computed using schedule 2 then in effect, and previous payments of impact fees shall be credited 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. § l.ll. 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 anp 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 ao 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. S~eslits Against I pact Fees A property owner who has paid : 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 bees made. 8 § 1.13. Establishme t 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 authorised in § 1.14. c. The City shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilised 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 sad keep financial records for impact fees, which shall show the source and disbursement '• of all fees collected in o= expended from each benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours. § I.14. IIse 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 casts of any capital improvements or facility expansion identified in the applicable 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 costs, 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. b. Impact fees collected puzsuant 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 map 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 amount 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 daps following the decisioA. 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 § I.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 f ee 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 per 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 tee was paid, and interest due shall be calculated upon that amount. 11 § 1.17. eba e 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 have 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 laced use assumptions and capital improvements plans at least every 3 years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Gov't Code, Ch. 395, oz in any successgr 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 Cfty Council determines that no change to the land use assumptions, capital improvements plan or impact fee is seeded, it may dispense with such update by following the procedures in Texas Local Gov't Code, section 395.0575. § 1.19. Use of Other Financincr 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 map be provided by law, in addition to the use of impact fees. 12 b. Except as herein otherwise 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. fact Fee as Additional and Suflolemental ReQUlation Impact fees established by this Chapter are additional and supplemental to, and aot in substitution of, anp other requirements imposed by the City on the development of land, the issuance of building permits, or the coanection 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 is conjunction with the development of land. § 1.21. Relief procedures a . Any person who has paid an impact fee or an owner of 1 and upon which an impact fee has been paid may petition the City Council to determine 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 the 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 daps 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 upoa fiadinQ that a strict application of such requirement would, when regarded as a whole, result in coafiscation of the property. c. If the City Council grants a variance that reduces the amount of the impact fee due for a nea 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 far the benefit area in which the property is located. 13 § 1.22. Exemption 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 § 2.01. 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 as Exhibit D attached hereto and incorporated by reference herein. b. The Water Improvements Plan map 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 hereto and made a part hereof by reference. b. The impact fees per service unit for water facilities, which are to be paid by 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 wait for watez facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 2.04. Entareptnpnt of Cennectien by Existinc Development If the property owner of any existing development within the benefit area requests enlargement of a water metez presently serving the development, and no new development is. to occur on the 14 - property, the owner shall-~ pay- the fee-prescribed- by section 1.10 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 conaected 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 rea a. There is hereby established a wastewater benefit area, constituting the City and its extraterritorial jurisdiction, as depicted oa Ezhibit 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 C$Lital 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 tv time, pursuant to the procedures in § 1.18. § 3.03. Wastewater Fac~l~t~es 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 for wastewater facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference. c. The impact tees per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 3.04. Enlarc~nent of Connection br Existing Development If the property owner of any existing development within the benefit area requests enlargemeat of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pap the fee prescribed by section 1.10 for the increase in sire of the meter prior to installation of the enlarged meter. § 3.05. dew Connection b~- Existing Development If any existing development within the benefit area presently utilises a water well, a septic tank, or as 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 providiag of retail wastewater services within the corporate limits of the city, this Chapter replaces and supercedes those provisioas 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. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances 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 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 Citp 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 copping the caption and Section 1 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 from and after its passage, save that Article 2 hereof shall be effective as of January 1, 1991, and it is so ordained. APPROVED AS TO FORM AND LEGALITY City Attorney Date: ADOPTED: EFFECTIVE: ~ _ __ 17 _-- .~ ..' ATTACHMENT I SCHEDULE o~ FEES MAXIMOM C8A1tCE PER EQUIVl1LENT METER 6839 PROPOSED 1990 METER EQUIVALENCY IMPACT SIZE FACTOR ~ FEE 3i4" 1 5839.00 1" 1.75 51,468.25 1-1/2" 4 $3,355.00 2" 7 $5,8y3.00 3" 15 513,424.00 4" 28 $23,49:.00 6" 64 $53,596.00 8" 100 583,900.00 10" 150 5125,850.00 ~. 0 • MAXIMOM CBARCE PER EQOIVALENT METER 51,285 METER EQUIVALENCY IMPACT SIZE FACTOR FEE 3/4" 1 51,285.00 1" 1.75 52,248.75 1-1/2" 4 55,140.00 2" 7 58,995.00 3" 16 520,560.00 4" 28 535,980.00 6" 64 562,240.00 8" 100 5128,500.00 10" 150 5192,750.00 t SCHEDIILE 2 ATTACHMENT II I. Impact fee schedules to be collected, effective at the date of the adopted ordinanc e through Sept ember 30, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE FROM METER EQUIV. IMPACT DATE OF ORDINANCE SIZE FACTOR ~ THROUGH 9/30/90 3/4" 1 $ 0 $ 128.80 1" 1.75 0 225.40 1 1/2" 4 0 515.20 2" 7 0 901.60 3" 16 0 2,060.80 4" 28 0 3,606.40 6" 64 0 8,243.20 8" 100 0 1,288.00 10" 150 0 19,320.00 II. Impact fee schedule to be collected, effective October 1, 1990, through December 31, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE METER EQUIV. IMPACT OCT. 1 SIZE FACTOR ~ DEC. 31, 1990 3/4" 1 $ 0 $ 161.00 1" 1.75 0 281.75 1 1/2" 4 0 644.00 2" 7 0 1,127.00 3" 16 0 2,576.00 4" 28 0 4,508.00 6" 64 0 10,304.00 8" 100 0 1,610.00 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 $ 839.00 $ 565.00 1" 1.75 1,468.25 988.75 1 1/2" 4 3,356.00 2,260.00 2" 7 5,873.00 3,955.00 3" 16 13,424.00 9,040.00 4" 28 23,492.00 15,820.00 6" 64 53,696.00 36,160.00 8" i00 83,900.00 56,500.00 10" 150 125,850.00 84,750.00 • 4 • r i Corrected copies of Schedules 1 & 2 to accompany M&C G-8614 • • SCHEDULE OF FEES • < 4 • SCIlEDULE I WATER AND HASTEWATER Il~iPACT FEE l~$3~33t4~N? SCHEDOLE WATER METER EQUiVAL,EIdCI' IMPACT SIZE FACTOR FEE 3/4" 1 5839:00 1" 1.75 1,468 25 1-1j2" 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 6DASTEWATER IMPACT FEE $1,285.00 2,248..75 5,140.00 8,995.00 20,560.00 35,980.00 a2,24o.00 128,500.00 192,750.00 • ti + k s r • SCHEDULE 2 • • I. Impact fee schedules to be collected, effective at the date of the adopted ordinanc e through Sept ember 30, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE FROM METER EQUIV. IMPACT DATE OF ORDINANCE SIZE 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" 7 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 schedule to be collected, effective October 1, 1990, through December 31, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE METER EQUIV IMPACT OCT 1 - SIZE FACTOR FEE DEC. 31. 1990 3/4" 1 $ 0 $ 161 00 1" 1 75 0 281 75 1 1/2" 4 0 644 00 2" 7 0 1,127 00 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 $ 839.00 $ 502 00 1" 1 75 1,468 25 878 50 1 1/2" 4 3,356 00 2,008 00 2" 7 5,873.00 3,514 00 3" 16 13,424.00 8,032.00 4" 28 23,492 00 14,056 00 6" 64 53,696 00 32,128 00 8" 100 83,900 00 50,200 00 10'° 150 125,850 00 75,300 00 ' ~irsrea Flt:~.s ACCOUNTINp^2 TRANSPORTATIONtPUBLIC. OR .6 N • 1 ER ADMINISTRATION ~ LA~'0 ~ ~~ DATE REFERENCE NUMBER suB~ECTADOPTION OF WASTEWATER AND WATER PAGE IMPACT FEE ORDINANCE 1 5-15-90 G-8614 ' °f -- RECOMMENDATION: It is recommended that the City Council -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) requires all cities that assess impact fees to revise their ordinance to comply with the statute by June 20, 1990. APPROVED BY :--~-6- ~ SUBMITTED FOR I Mt CITY MANAGER'S DISPOSITION Y COUNCIL. PROCESSED BY OFFICE BY Ramon Guajardo 6191 APP OVED ORIGINATING THER (DESCRIBE) JUN 5 1990 DEPARTMENT HEAD: RlChard SpWG'y 8246 CITY SECRETARY FOR ADDITIONAL IN FORMAT N l~ath Gison 8292 A ^~~ dnance No d O t //„~// E~JIIhI~In +vy ` J~Ae~ ri~ y CONT CT o r e o ' ~-.. v City Seczetasy 9~. tb®