HomeMy WebLinkAboutOrdinance 26951-06-2024Ordinance No. 26951-06-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SEWER IMPACT FEE FUND, IN THE AMOUNT OF
$245,735.00, FROM AVAILABLE FUNDS IN THE WATER/WASTEWATER
WHOLESALE IMPACT FEES AND WATER/WASTEWATER RETAIL IMPACT
FEES PROJECTS, FOR THE PURPOSE OF TRANSFERRING FUNDS FROM
THE WATER/WASTEWATER WHOLESALE IMPACT FEES AND
WATER/WASTEWATER RETAIL IMPACT FEES PROJECTS (CITY PROJECT
NOS, B20004 AND B20005) TO THE WATER/WASTEWATER IMPACT FEE
STUDY UPDATE PROJECT (CITY PROJECT NO. 105387); 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 2023-2024 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Sewer
Impact Fee Fund in the amount of $245,735.00, from available funds in the Water(Wastewater Wholesale
Impact Fees and Water/Wastewater Retail Impact Fees projects, for the purpose of transferring funds from
the Water/Wastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fees projects (City
Project Nos, B20004 and B20005) to the Water/Wastewater Impact Fee Study Update project (City Project
No. 105387).
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 26453-09-2023 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said prior ordinances and appropriations are hereby expressly repealed.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:
Owglas BEaO (Jun 25, 2024 01156 COT)
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 11, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary 4o�uA
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0517
LOG NAME: 60WATER-WASTEWATER IMPACT FEE STUDY UPDATE 2025
SUBJECT
(ALL) Authorize Execution of an Agreement, with Freese and Nichols, Inc., in the Amount of $491,470.00 to Update Land Use Assumptions and
the Water and Sewer Impact Fee Schedule, Incorporate Revisions in the Water and Sewer Capital Improvements Plan, and Update Wastewater
Model, and Adopt Appropriation Ordinances Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an agreement with Freese and Nichols, Inc., in an amount not to exceed $491,470.00 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 (City Project No. 105387);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Impact Fee Fund in the amount
of $245,735.00 from available funds, in the Water/Wastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fees projects
(City Project Nos, B20004 and B20005) for the purpose of transferring funds to the WaterANastewater Impact Fee Study Update project (City
Project No. 105387);
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Impact Fee Fund in the amount
of $245,735.00 from available funds, in the Water/Wastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fees projects
(City Project Nos, B20004 and B20005) for the purpose of transferring funds to the WaterA/Vastewater Impact Fee Study Update project (City
Project No. 105387);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Impact Fee Fund in the amount
of $245,735.00 transferred from the WaterlWastewater Wholesale Impact Fees and WateriWastewater Retail Impact Fees projects (City
Project Nos, B20004 and B20005) to the WaterWdastewater Impact Fee Study Update project (City Project No. 105387) to effect a portion
of Water's Contributions to the Fiscal Years 2024-2028 Capital Improvement Program;
5. Adopt the attached appropriation ordinance increasing estimated and appropriations in the Sewer Impact Fee Fund in the amount of
$245,735.00 transferred from WaterANastewater Wholesale Impact Fees and WaterANestewater Retail Impact Fees projects (City Project
Nos, B20004 and B20005) to the WaterWdastewater Impact Fee Study Update project (City Project No. 105387) to effect a portion of
Water's Contributions to the Fiscal Years 2024-2028 Capital Improvement Program.
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 111, and Division 2 of the City
Code. Slate law and Section 35-70,13(a) of the City Code requires 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 Chapter 395 of the Texas Local Government Code. On September21, 2021 the City Council approved the last update and
the City Council approved the revised impact fees to allow for the collection of 40 percent of the maximum assessable water and wastewater fee
per service unit (Ordinance No. 25101-09-2021).
To comply with City procedure and the Water Department's Wholesale Contracts, the Wholesale Subcommittee was formed and Bonfire was
utilized to receive responses to a Request For Qualifications (RFQ) for the selection of an engineering consultant. The RFQ was advertised in the
Fort Worth Star -Telegram on February 16 and March 1, 2024. On March 14, 2024 one response was received and publicly opened. Water
Department staff recommends Freese and Nichols, Inc., be selected to conduct the update of the Land Use Assumptions and Capital
Improvements Plan for Water and Wastewater Impact Fee Update.
As part of the Water and Wastewater Impact Fee Update, Freese and Nichols, Inc. shall;
Use the updated Water and Wastewater Models provided by the City and 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 Plan Citizen Advisory Committee, participate in
meetings with the Water and Wastewater Wholesale Customer 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; and
• Update the Westside Pressure Plane Water Model.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance,
as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council
Communication (M&C) will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital
Improvement Program, as follows:
60WATER WASTEWATER IMPACT FEE STUDY UPDATE 2025
Capital
Fund
Name
project
Name
FY2024 CIP
Appropriations
Authority
Change
Budget
(Increase/Decrease)
Revised FY
2024
Bud of
9
105387-
Water
AW
WA
Impact
act
Fee
Study
$0.00
MSC his
$245,735.00
$245,735.00
Fund-
56003
Update
105387-
Sewer
WNWJ
Impact
This
Fee
eeact
$0.00
M&C
$245,735.00
$245,735.00
Fund-
Study
57003
Update
Funding is currently available in the WMW Wholesale Impact Fees and WIINW Retail Impact Fees projects within the Water Impact Fee Fund and
the Sewer Impact Fee Fund for the purpose of funding the WNWV Impact Fee Study Update project.
Appropriations for the WNWV Impact Fee Study Update project are depicted below:
Fund
Existing
Appropriations
Additional
Appropriations
Project
Total*
erImpactFee -
56003
F
$0.00$245,735.00$245,735.00d
ewerImpact Fee
F-Fund57003
$0.00
$245,735.0
Project Total
$0.00
$491,470:0
$491,470.00
MMIBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's Business Equity Ordinance by committing to 13.04 percent SBE
participation on this project. The City's Business Equity goal on this project is 13 percent.
ElSCALINFORMATION 1 CERTIFICATION:
The Director of Finance certifies that funds are currently available in the WAMN Wholesale Impact Fees and WAAW Retail Impact Fees projects
within the Water Impact Fee Fund and the Sewer Impact Fee Fund and upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the Water Impact Fee Fund and the Sewer Impact Fee Fund for the WANW Impact
Fee Study Update project to support the approval of the above recommendations and authorization of the agreement. Prior to an expenditure
being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by: Femando Costa 6122
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Matt Kusnir 8219
Julie Perez 8226