HomeMy WebLinkAboutIR 7020 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7020
I fo May 14, 1985
�k�fo)?;.' To the Mayor and Members of the City Council
4
Subject: COMMUNITY FACILITIES AGREEMENTS AND
WATER AND SEWER CAPITAL RECOVERY FEES
Introduction
Recent discussions and Council workshops exploring strategies for growth
management have made it clear that continued development of the City may
impose unfair fiscal burdens on current City residents. For the con-
struction of new water and sewer facilities, this burden is borne ulti-
mately by the rates customers pay for water and wastewater services.
In recent months, Water Department staff has begun examining the methods
available to lessen the fiscal impact of new development on the existing
ratepayers of the water and sewer system. Two areas of study have
proved promising: (1) the current Water and - Sewer Installation Policy
that is part of the City's Policy for the Installation of Community
Facilities; and, (2) the development of water and sewer capital recovery
fees to help reduce the growth of debt service. Both of these
approaches can be initiated in the near future, while the comprehensive
examination of City development policies continues.
000, Community Facilities Agreements
During periods of rapid growth the-City's financial exposure increases
due to the front-end sharing of infrastructure costs, while the benefits
of new development, such as increased tax base and economic activity,
lag somewhat behind. Currently, the City shares the burden of building
streets, expanding water and sewer facilities, and providing park land
through community facilities agreements with the developer. Upon
signing the community facilities agreement in its current form, the City
is financially obligated for a five-year period. The existing Water and
Sewer Installation Policy, a part of the City's Policy for the Installa-
tion of Community Facilities, technically obligates the City of Fort
Worth to encumber the City's estimated financial contribution for five
years from the time the agreement is signed.
Conversely, the policy does not require the developer to submit a lette
of credit, bond or other similar financial commitment until just prior
to beginning construction. Under the existing policy it is possible for
the Water Department's share of the community facilities funds to be set
aside for up to five years with no similar obligation imposed on the
developer. The sum of all the City's outstanding commitments, however,
translates into a sizeable long-term obligation in the calculation of
the water and sewer rate base.
It is anticipated that the ongoing review of the City's development
policies will result in a restructuring of the City's financial partici-
pation. To reduce the Water Department' s financial exposure until com-
-N, prehensive development policies are adopted, it is recommended that the
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7020 - P.2
a FORT To the Mayor and Members of the City Council May 14, 1985
00"1
.X C> Subject: COMMUNITY FACILITIES AGREEMENTS AND
1073
WATER AND SEWER CAPITAL RECOVERY FEES
term of agreement on future water and sewer community facilities agree-
ments be shortened from five years to two years. As the contract term
is not established in the Sub-Division Ordinance or any other approved
departmental development policies, the five-year contract term could
be readily amended through administrative revision. Accordingly, the
Water Department is preparing an amended Water and Sewer Installation
Policy and will bring the proposed changes before the Council for action
within the next few weeks.
Capital RecoveEX Fees
A second approach for reducing long-term financial burdens on the water
and sewer rate base is the implementation of a capital recovery fee
schedule. Up-front capital contributions from developers and builders
for off-site water and sewer system improvements have been identified by
the City Council as a potential growth management strategy, and several
Texas communities have either implemented or are seriously investigating
capital recovery fees.
The experiences of these communities can be instructive for other cities
contemplating a capital recovery fee. McAllen, Texas, attempted to
implement a wastewater plant recovery fee but was challenged 'in court.
The city ultimately was enjoined from imposing the fee until developers,
builders, and city officials could reach agreement on how to calculate
and administratively collect the fee. The City of Austin developed a
water and sewer capital recovery fee model several years ago which was
challenged by community interests before it could be implemented. In
response, Austin worked for more than a year with an active ad hoc com-
mittee of diverse community members to recalculate the technical and
procedural means of implementing an equitable capital recovery fee.
These examples demonstrate three common characteristics in the success-
ful development of capital recovery fees: (1) involvement of an inde-
pendent consultant to originally develop a fee schedule; (2) the active
participation of the building and development community in the prepara-
tion and review of the fee schedule; and, (3) a lengthy period of time
-- usually more than a year -- to begin implementation. Attempts to
circumvent any of these requirements may result in a program lacking
broad-based community acceptance and support.
As a first step, the Water Department staff is preparing a request for
proposals for development of a capital recovery fee study. Once a con-
sultant is chosen, Fort Worth community participation in the study will
be a critical factor in devising and implementing a workable water and
sewer capital recovery fee program. A recommendation concerning selec-
t tion of a qualified consulting firm will be submitted to the City Coun-
cil in the near future.
LISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
�NFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7020 --.p.3
I.,Aiok1eo To the Mayor and Members of the City Council May 14, 1985
Subject: COMMUNITY FACILITIES AGREEMENTS AND
WATER AND SEWER CAPITAL RECOVERY FEES
Conclusion
As a result of study to date, the Water Department plans to take two
steps toward limiting the fiscal impact of new development on customers'
water and sewer rates. First, the staff will request City Council
approval of an amended Water and Sewer Installation Policy. Under the
amended policy, future community facilities contracts would financially
obligate the City for a two-year period only. Secondly, a request for
proposals to conduct a capital recovery fee study is being prepared.
When these proposals have been evaluated, the City Council will be asked
to approve a consulting firm to begin developing an equitable fee sche-
dule. The implementation of the capital recovery fee program will take
place only after input and review by the building and development com-
munity.
uglas� Harman
6City Manager
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ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS