HomeMy WebLinkAboutOrdinance 26659-01-2024 ORDINANCE NO. 26659-01-2024
AN ORDINANCE AMENDING CHAPTER 30 "STREETS AND
SIDEWALKS",ARTICLE VIII"TRANSPORTATION IMPACT FEES" OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS
AMENDED, TO REVISE PROVISIONS RELATING TO CREDITS FOR
DEDICATION AND CONSTRUCTION OF RIGHT OF WAY AND
APPEALS OF TRANSPORTATION IMPACT FEES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's transportation impact fee program was established and
subsequently updated pursuant to Chapter 395, Tex. Loc. Gov't Code; and
WHEREAS, on May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083-05-
2008 creating impact fees for transportation facilities, then known as the Fort Worth
Transportation Impact Fee Regulations, now codified at Chapter 30, Article VIII of the Code of
the City of Fort Worth (2015); and
WHEREAS, the City of Fort Worth updated its transportation impact fee land use
assumptions, capital improvements plan and transportation impact fees regulations by Ordinance
Nos. 20605-02-2013, effective April 1, 2013, 23084-01-2018, effective April 1, 2018, 25810-10-
2022, effective November 1, 2022, 25889-11-2022, effective December 1, 2022, and 26099-04-
2023, effective April 26, 2023; and
WHEREAS, the City Council desires to make those certain changes described herein to
revise provisions relating to transportation impact fee credits and to clarify the appeal procedures
within Chapter 30, Article VIII of the Code of the City of Fort Worth(2015)
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 30, Article VIII, Division 3, Section 30-181 "Credits Against Transportation
Impact Fees,"of the Code of the City of Fort Worth,Texas(2015),as amended, is hereby amended
to revise subsection (e) to be and read as follows:
(e) Credits for right-of-way dedication shall be created when the right-of-way dedication
instrument has been executed. Credits for construction of improvements shall be created
when the improvements are completed and the city has accepted the improvements. A
development is eligible to receive 75% of the estimated credits when a Community
Facilities Agreement for constructing transportation impact fee eligible improvements has
been executed and an acceptable financial guarantee in the form of a development bond,
cash escrow, escrow agreement, or letter of credit has been delivered to the city. The
remaining credits shall be created when the improvements are completed and the city has
accepted the improvements. Credits shall expire ten years from the date the credit was
created. Upon application by the property owner, the city may agree to extend the
expiration date for the credit on mutually agreeable terms.
SECTION 2.
Chapter 30, Article VIII, Division 4, Section 30-192 "Appeals," of the Code of the City of
Fort Worth, Texas (2015), as amended, is hereby amended to revise subsection (a)(2) to be and
read as follows:
(2)An error in the calculation of the transportation impact fee due;
SECTION 3.
Chapter 30,Article VIII, Division 4, Section 30-192"Appeals," of the Code of the City of
Fort Worth, Texas (2015), as amended, is hereby amended to revise subsection (c)to be and read
as follows:
(c) The appellant must file a written notice specifying the specific grounds of the appeal
with the Director of Development Services within 30 days following the decision appealed
from. A statement that the impact fees owed are too high, by itself, is insufficient grounds
for an appeal. The Director or his or her designee may resolve the appeal if the appellant
agrees with the Director's decision, or refer the matter to the City Manager for decision
with the Director's recommendation. If the appellant disagrees with the City Manager's
decision, the appellant may request city council review after receiving the manager's
written decision. City council review shall be requested within 30 days from the date the
appellant has received the manager's decision. The city secretary shall schedule a public
hearing to be held within 30 days of the date the request for city council review has been
received, unless otherwise mutually determined, at which the appellant may present
testimony and evidence before the city council. The city council may act at the time of the
public hearing and must act on the appeal no later than 30 days after the public hearing.
SECTION 4.
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 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City,that 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.
SECTION 7.
This ordinance shall take effect on January 23, 2024.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY poo�®RTn��a
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Douglas W Black Jannette S. Goodall Pamo
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ADOPTED: January 23, 2024
EFFECTIVE: January 23, 2024
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0003
LOG NAME: 06TRANSPORTATION IMPACT FEE ORDINANCE UPDATE JAN 2024
SUBJECT
(ALL)Adopt an Ordinance Amending Chapter 30,Article VIII,'Transportation Impact Fees"of the Code of the City of Fort Worth(2015)to Revise
Provisions Relating to Transportation Impact Fee Credits and Appeals
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 30,Article VIII,'Transportation Impact Fees"of the Code
of the City of Fort Worth(2015)to revise provisions relating to transportation impact fee credits and appeals.
DISCUSSION:
The purpose of this M&C is to adopt an ordinance allowing for the partial issuance of transportation impact fee credits when community facilities
agreements are executed and to make certain changes to the appeals process.
Transportation impact fees are collected by the City when building permits are issued. When transportation impact fee roadways are built
pursuant to community facilities agreements(CFA),some developments are eligible to have their final plats recorded and building permits issued
before construction of the roadway(s)is complete. Impact fee credits are mandated by statute and are linked to the actual costs of
construction.The City currently issues impact fee credits when construction of roadways pursuant to a CFA has been completed and accepted by
the City.The timing of this process has resulted in the City having to issue refunds to developers who are constructing impact fee eligible roadways
pursuant to a CFA.
City staff is recommending that the transportation impact fee ordinance be amended to allow staff to issue transportation impact fee credit for 75%
of the transportation impact fee eligible roadway construction costs when a CFA is executed. Such credits would only be issued when the CFA is
financially guaranteed by a development bond, letter of credit,cash escrow,or escrow agreement ensuring that the developer constructs the
roadway and pays all construction and materials costs.This would allow a developer to enter into a transportation impact fee credit agreement
prior to the issuance of a building permit and minimize the need for the City to issue refunds in future.The remaining impact fee credits would not
be applied to a project until roadway construction is completed and accepted by the City and the final construction costs are determined,including
the cost of any change orders.
The changes to the appeals process will help appellants and staff streamline the nature of appeals regarding the calculation of the impact fees.
City staff recommends that the proposed revisions be effective on January 23,2024.
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 recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Jennifer Roberts 6101