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HomeMy WebLinkAboutOrdinance 22036-01-2016 ORDINANCE NO. 22036-01-2016 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER CAPITAL PROJECTS FUND IN THE AMOUNT OF $35,396.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF THE WATER AND WASTEWATER LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2015-2016 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$35,396.00, from available funds, for the purpose of funding the Water and Wastewater Land.Use Assumptions and Capital Improvements Plan. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Arthur Bashor,Assistant City Attorney Mary J. Kays r, Ci Secretary ADOPTED AND EFFECTIVE: January 12,2016 Ordinance No.22036-01-2016 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/12/2016 - Ordinance No. 22036-01-2016, 22037-01-2016$ 22038-01-2016 & 22039-01-2016 DATE: Tuesday, January 12, 2016 REFERENCE NO.: **C-27594 LOG NAME: 60IMPACT FEE UPDATE 2016 SUBJECT: Authorize Execution of an Engineering Agreement with Freese & Nichols, Inc., for a Fee Not to Exceed $235,973.00 to Update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for the Purpose of Revising the Impact Fees Assessed for Water and Wastewater and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund (Impact Fees) in the amount of$82,591.00 and in the Sewer Capital Projects Fund (Impact Fees) in the amount of$82,591.00; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$35,396.00 and the Sewer Capital Projects Fund in the amount of$35,396.00 from available funds; and 3. Authorize the execution of an Agreement with Freese and Nichols, Inc., in an amount not to exceed $235,973.00 to update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan for the purpose of revising the impact fees assessed for water and wastewater in accordance with Chapter 395 of the Texas Local Government Code. DISCUSSION: Chapter 395 of the Texas Local Government Code provides authorization for local governments to enact and impose impact fees for capital improvements related to water and wastewater facilities, storm drainage and flood control facilities and roadway facilities. Since the early 1990s, the City has assessed water and wastewater Impact Fees pursuant to Chapter 35, Article III, Division 2 of the City Code. State law and Section 35-70.13(a) of the City Code require that the City update the Land Use Assumptions and Capital Improvements Plan at least every five years, commencing from the date of adoption of such plans and recalculate the impact fees in accordance with the procedures set forth in the Texas Local Government Code. On September 18, 2012 (M&C G-17680), the City Council approved Ordinance No. 20406-09-2012, which updated the Water and Wastewater Land Use Assumptions and the Capital Improvements Plan and revised the impact fees that allow for the collection of 50 percent of the maximum assessable water and wastewater impact fees per service unit. To comply with state law, the Water Department and wholesale water and wastewater customer representatives have undergone an extensive proposal and selection process to select the consultant for updating Fort Worth's Water and Wastewater Impact Fee Studies. After evaluating qualified consultants, Logname: 60IMPACT FEE UPDATE 2016 Page 1 of 3 Water Department Staff and the wholesale customer representatives have recommended Freese and Nichols, Inc., to conduct the update to the Land Use Assumptions and Capital Improvements Plan for Water and Wastewater Impact Fees. In the most recent (2012) Water and Sewer Impact Fee Study, it was determined that this study is 70 percent eligible for impact fee funding. The remaining 30 percent is being funded from the Water and Sewer Operating Budget. In order to determine whether the impact fees for water and wastewater should be amended, Freese and Nichols, Inc., shall: • Review current Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedule and Ordinances. Additional reports to review include the Water and Wastewater Master Plan, Facilities Plan and Semi-Annual Impact Fee Reports; • Update Land Use Assumptions and Capital Improvements Plan for water and wastewater in accordance with Texas Local Government Code, Chapter 395; • Participate with Staff in meetings and with the Water and Wastewater Capital Improvements Advisory Committee, participate in meetings with the Wholesale Water and Wastewater Advisory Committees and Sub-Committees and participate in public hearings and City Council meetings concerning the impact fee studies; and • Generate an updated report for the Land Use Assumptions, Capital Improvements Plan for water and wastewater and make recommendations on the City's Impact Fees. M/WBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's SBE goal on this project is 10 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2016 Water Operating Budget includes appropriations of$26,068,353.00 for the purpose of providing pay-as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $16,532,511.00. The Fiscal Year 2016 Sewer Operating Budget includes appropriations of $26,300,046.00 for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $22,100,974.00. *All amounts rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department Accouni Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 1 59605 0600430 4413023 B20004 802000 2016 $41,296.00 1 59605 0600430 5330500 B20004 B02000 2016 $41,296.00 1 59605 0600430 4413024 B20005 B02000 2016 $41,296.00 1 59605 0600430 5330500 B20005 B02000 2016 $41,296.00 1 59608 0700430 4413023 B20004 B02000 2016 $41296.00 1 59608 0700430 5330500 B20004 802000 2016 $41,296.00 1 59608 0700430 4413024 B20005 B02000 2016 $41,296.00 1 59608 0700430 5330500 B20005 B02000 2016 $41,296.00 Logname: 60IMPACT FEE UPDATE 2016 Page 2 of 3 2 59601 0600430 4956001 B20004 802000 2016 $17,698.00 2 59601 0600430 5330500 B20004 B02000 2016 $17,698.00 59601 0600430 4956001 B20005 B02000 2016 $17,698.00 2 59601 0600430 5330500 B20005 802000 2016 $17,698.00 2 59607 0700430 4956001 B20004 B02000 2016 $17,698.00 2 59607 0700430 5330500 B20004 B02000 2016 $17,698.00 2)159607 0700430 4956001 B20005 802000 2016 $17,698.00 596071 0700430 53305001 B20005 B02000 1 2016 $17,698.00 FROM Fund Department Accouni Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) 3)596051 0600430 5330500 820004 B02000 2016 $58,994.0 3 59605 0600430 5330500 B20005 B02000 2016 $58,994.00 3 59608 0700430 5330500 B20004 B02000 2016 $58,994.00 3 59608 0700430 5330500 B20005 B02000 2016 $58,994.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Nick Dons (8243) Logname: 60IMPACT FEE UPDATE 2016 Page 3 of 3