HomeMy WebLinkAboutOrdinance 22037-01-2016 ORDINANCE NO.22037-01-2016
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE WATER CAPITAL PROJECTS FUND (IMPACT FEES) IN THE AMOUNT OF $82,592.00,
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 (Impact
Fees) in the amount of$82,592.00, 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hereby expressly repealed.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 ty S!e, retary
ADOPTED AND EFFECTIVE: January 12,2016
Ordinance No.22037-01-2016
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1112/2016 - 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: 601MPACT 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 I 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 B02000 2016 $41,296.00
1 59605 0600430 5330500 B20004 B02000 2016 $41,296.00
1 59605 0600430 4413024 B20005 802000 2016 $41,296.00
1 59605 0600430 5330500 B20005 B02000 2016 $41,296.00
1 59608 0700430 4413023 B20004 B02000 2016 $41,296.00
1 59608 0700430 5330500 B20004 B02000 2016 $41,296.00
1 59608 0700430 4413024 B20005 B02000 2016 $41,296.00
1 59608 0700430 5330500 B20005 802000 2016 $41,296.00
Logname: 60IMPACT FEE UPDATE 2016 Page 2 of 3
2)596011 0600430 4956001 B20004 B02000 2016 $17,698.00
2 59601 0600430 5330500 B20004 802000 2016 $17,698.00
2 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 59607 0700430 4956001 B20005 B02000 2016 $17,698.00
2).596071 0700430 5330500 B20005 B02000 2016 $17,698.00
FROM
Fund Department Accouni Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
3 59605 0600430 5330500 B20004 B02000 2016 $58,994.00
3 59605 0600430 5330500 B20005 B02000 2016 $58,994.00
3)159608, 0700430 1 5330500 B20004 B02000 2016 $58,994.00
3)1596081 0700430 1 53305001 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