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HomeMy WebLinkAboutOrdinance 26623-12-2023 ORDINANCE NO. 26623-12-2023 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS" OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, BY AMENDING SECTIONS 35-58, 35-85, 35-93, AND 35-100 TO INCREASE THE FRONT FOOT CHARGES THE CITY COLLECTS FOR CONNECTIONS TO WATER AND SANITARY SEWER MAINS AND TO INCREASE THE ANNUAL COST ADJUSTMENT ON FRONT FOOT CHARGES,PER ACRE CHARGES,WATER MAIN CAPACITY CHARGES, AND SEWER CAPACITY CHARGES FROM 2% TO 4%; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of the Front Foot Charges is to allow the City and developers to recoup a portion of the costs related to constructing water and sewer line extensions as adjacent properties connect to the extensions; and WHEREAS, the rates of the Front Foot Charges were last revised on July 22, 2014; and WHEREAS, the City Council finds it necessary to increase the rates of the Front Foot Charges; and WHEREAS,the City currently imposes a 2%annual cost adjustment that is applied to Front Foot Charges, Sewer Per Acre Charges, Water Main Capacity Charges, and Sewer Capacity Charges; and WHEREAS, the City Council find it necessary to increase the annual cost adjustment for Front Foot Charges, Sewer Per Acre Charges, Water Main Capacity Charges, and Sewer Capacity Charges from 2%to 4%; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. Chapter 35,"Water and Sewers,"Article III"Charges,"Division 1,"Generally," Section 35- 58 "Assessment Front Footage Charges for Service Connection" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to revise subsection (e)(2)to read as follows: (2) The front foot charges are as follows: Water and Sewer Pro Rata Charges Ordinance Amendment Ordinance No. 26623-12-2023 Page 1 of 4 Size of Connecting Pipe Water Front Foot Charge 8-inch or Smaller $43.23 10-inch $54.22 12-inch $57.73 16-inch $75.57 Size of Connecting Pipe Sewer Front Foot Charge 8-inch or Smaller $54.26 10-inch $56.46 12-inch $65.70 15-inch $74.94 18-inch $84.18 21-inch $93.44 24-inch $115.95 SECTION 2. Chapter 35,"Water and Sewers,"Article III"Charges,"Division 1, "Generally," Section 35- 58 "Assessment Front Footage Charges for Service Connection" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to revise subsection (f)(3)to read as follows: (3) A four percent (4%) annual cost adjustment shall be added to each prescribed front footage charge. The annual cost adjustment increase shall be assessed on January 1 st of each year. SECTION 3. Chapter 35, "Water and Sewers," Article III "Charges," Division 3, "Sewer Per Acre Charges," Section 35-85 "Assessment and Payment of the Per Acre Charge; Refund to a Developer; Administration"of the Code of the City of Fort Worth,Texas(2015),as amended,is hereby amended to revise subsection (e)to read as follows: Water and Sewer Pro Rata Charges Ordinance Amendment Ordinance No. 26623-12-2023 Page 2 of 4 (e) A four percent (4%) annual cost adjustment shall be added to each prescribed per acre charge. The annual cost adjustment increase shall be assessed on January I st of each year. SECTION 4. Chapter 35, "Water and Sewers," Article III "Charges," Division 4, "Water Main Capacity Charges," Section 35-93, "Assessment and Payment of the Water Main Capacity Charge; Refund to a Developer and City, Administration" of the Code of the City of Fort Worth (2015), as amended is hereby amended to revise subsection (e)to read as follows: (e) A four percent (4%) annual cost adjustment shall be added to each prescribed water main capacity charge. The annual cost adjustment increase shall be assessed on January 1 st of each year. SECTION 5. Chapter 35, "Water and Sewers," Article III "Charges," Division 5, "Sewer Capacity Charges," Section 35-100, "Assessment and Payment of the Sewer Capacity Charge; Reimbursements and Administration" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to revise subsection (e) to read as follows: (e) A four percent (4%) annual cost adjustment shall be added to each prescribed sewer capacity charge. The annual cost adjustment increase shall be assessed on January 1 st of each year. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Code of the City of Fort Worth which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal,whether pending in court or not,under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Water and Sewer Pro Rata Charges Ordinance Amendment Ordinance No. 26623-12-2023 Page 3 of 4 SECTION 8. i It is hereby declared to be the intention of the City Council that the sections, paragraphs, 11 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 9. This ordinance shall be effective on January 1, 2024. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Digitally signed by Jannette Jannette Goodall Goodall Dale:2023.12.21 10:19:05-06'00' Richard A.McCracken(Dec 21,202310:04 CST) Richard A. McCracken Jannette S. Goodall Senior Assistant City Attorney City Secretary 4e RT 'Cl®� '1®00000 0' aY O O 00,;p ADOPTED: December 12,2023 p o �0' � o0 ��00 0 EFFECTIVE: January 1, 2024 00 0 i �� * 0000Q0000oo , F Water and Sewer Pro Rata Charges Ordinance Amendment Ordinance No. 26623-12-2023 i Page 4 of 4 City of Fort Worth, Texas i Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1079 LOG NAME: 60WATER AND SEWER PRO RATA CHARGES ORDINANCE AMENDMENT SUBJECT (ALL)Adopt Ordinance Amending Chapter 35"Water and Sewers"of the City Code to Revise the Front Foot Charges for Water and Sanitary Sewer Main Connections and to Increase the Annual Cost Adjustments for Front Foot Charges, Per Acre Charges,Water Main Capacity Charges, and Sewer Capacity Charges from 2%to 4% RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 35"Water and Sewers"of the City Code to revise the front foot charges for water and sanitary sewer main connections and to increase the annual cost adjustments for front foot charges,per acre charges,water main capacity charges,and sewer capacity charges from 2%to 4%. DISCUSSION: The purpose of this Mayor and Council Communication is to increase the front foot charges that the City collects for connections to water and sanitary sewer main connections,and to increase the annual cost adjustment on front foot charges, per acre charges,water main capacity charges,and sewer capacity charges from 2%to 4%.The inflation increase accounts for increases in the average interest rate associated with debt used to fund front foot and oversizing costs associated with growth. The City uses front foot charges,per acre charges,water main capacity charges and sewer capacity charges to provide a mechanism for the City and developers to recoup a portion of the costs of constructing public water and sewer infrastructure. Front foot charges are collected prior to the filing of a final plat,or before a plumbing permit can be issued. The front foot charges were last updated on July 22,2014(M&C G-18266).Front foot charges are based on the average cost of water or sewer lines to be installed. The following tables show the current front foot charges and the proposed front foot charges: Size of Current Water Front Proposed Water Front Connecting Foot Charge Foot Charge Pipe 8-inch or Smaller 11 $38.40 L $43.23 10-inch $48.16 F $54.22 12-inch $51.2811 $57.73 16-inch $67.13 $75.571 i Size of Current Sewer Front Proposed Sewer Front Connecting Foot Charge Foot Charge Pipe 8-inch or Smaller $48.20 $54.26 10-inch $50.15 $56.461 12-inch $58.36 $65.70 15-inch $66.5711 $74.94 18-inch $74.78IF $84.18 21-inch $83.00�— $93.44 24-inch �— $103.001 $115.95� The City currently imposes a 2%annual inflation cost adjustment on front foot charges,per acre charges,water main capacity charges and sewer capacity charges. The Water Department is recommending that the annual cost adjustment be increased from 2%to 4%. The changes to these charges were presented to the Development Advisory Committee(DAC)on October 19,2023 for feedback.The Water Department received consensus from the DAC members at that presentation. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of the above recommendation will have no material effect on City funds. Submitted for City Manager's Office by; Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Matt Kusnir 8219 Julie Perez 8226 I t t