HomeMy WebLinkAboutOrdinance 20173-04-2012 Ordinance No. 20173-04-2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND SEWER FUND IN THE AMOUNT OF
$175,018.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF EXECUTING AN
ENGINEERING AGREEMENT WITH FREESE AND NICHOLS FOR UPDATING
THE WATER AND WASTEWATER LAND USE ASSUMPTIONS AND CAPITAL
IMPROVEMENTS PLAN CITY-WIDE; 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 2011-2012 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Water
and Sewer Fund in the amount of$175,018.00.00, from available funds, for the purpose of executing an
engineering agreement with Freese and Nichols for updating the Water and Wastewater Land Use
Assumptions and Capital Improvements Plan City-wide.
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.19911-09-2011 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of said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant Vity Attorney
IDOPT11D ,AND 1F1:1�('"I_P�T: April 172012
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/17/2012, - Ordinance Nos. 20173-04-2012, 20174-04-2012
& 20175-04-2012
.. e.
DATE: Tuesday, April 17, 2012 REFERENCE NO.: **C-25563
LOG NAME: 60IMPACT FEE UPDATE FREESE & NICHOLS
SUBJECT:
Authorize Execution of an Agreement with Freese and Nichols, Inc., to Update the Water and Wastewater
Land Use Assumptions and Capital Improvements Plan for a Fee Not to Exceed $175,018.00 and Adopt
Appropriation Ordinances (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$87,509.00 in the Water Capital Projects Fund and $87,509.00 in the Sewer Capital Projects Fund;
2. Authorize the transfer of$87,509.00 from the Water Capital Projects Fund and $87,509.00 from the
Sewer Capital Projects Fund to the Water and Sewer Fund;
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Water and Sewer Fund in the amount of$175,018.00; and
4. Authorize the execution of an Agreement with Freese and Nichols, Inc., in an amount not to exceed
$175,018.00 to update the Water and Wastewater Land Use Assumptions and Capital Improvements Plan
for the purpose of revising the impact fee 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 the Chapter
35, Article III, Division 2 of the City Code. Although, State law requires that the City update the Land Use
Assumptions and Capital Improvements Plan at least every five years, Section 35-70.13 of the City Code
requires the City to update the assumptions and plan at least every three years, commencing from the
date of adoption of such plans, and recalculate the Impact Fees in accordance with the procedures set
forth in Texas Local Government Code. On March 24, 2009, the City Council approved the last update
(Ordinance No.18518) and on May 5, 2009, the City Council approved the revised impact fees to allow for
the collection of 50 percent of the maximum assessable water and wastewater fee per service unit
(Ordinance No. 18593).
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
Logname: 60IMPACT FEE UPDATE FREESE NICHOLS Page I of 2
updating Fort Worth's Water and Wastewater Impact Fee studies. After evaluating qualified consultants,
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 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.
Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20 percent
M/WBE participation, which is also the City's goal on this project.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
capital budget, as appropriated, of the Water and Sewer Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1) PW53 488023 060530200040 $43,754.50 2) PW53 538040 060530200040 $43,754.50
1) PW53 488023 060530200050 $43,754.50 2) PW53 538040 060530200050 $43,754.50
1) PS58 488353 070580200040 $43,754.50 2) PS58 538040 070580200040 $43,754.50
1) PS58 488353 070580200050 $43,754.50 2) PS58 538040 070580200050 $43,754.50
2&3) PE45 472053 0601000 $175,018.00 4) PE45 531200 0601000 $175,018.00
2&3) PE45 472058 0701000 $175,018.00 4) PE45 531200 0701000 $175,018.00
2&3) PE45 531200 0601000 $175,018.00
2&3) PE45 531200 0701000 $175,018.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Nowzar Dinyarian (8256)
Logname: 60IMPACT FEE UPDATE FREESE NICHOLS Page 2 of 2