HomeMy WebLinkAboutOrdinance 26952-06-2024Ordinance No. 26952-06-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER IMPACT FEE FUND, IN THE AMOUNT OF
$245,735.00, TRANSFERRED 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 Water
Impact Fee Fund in the amount of $245,735.00, transferred from the Water/Wastewater Wholesale Impact
Fees and WaterlWastewater Retail Impact Fees projects (City Project Nos, B20004 and 1320005) 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said prior ordinances and appropriations are hereby expressly repealed.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
.
Douglas Black �J-25, 202409:5b EDT)
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 11, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
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 WaterMlastewater Wholesale Impact Fees and WaterlWastewater Retail Impact Fees projects
(City Project Nos, B20004 and B20005) for the purpose of transferring funds to the WaterhVastewater 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 $246,735.00 from available funds, in the WaterlWastewater Wholesale Impact Fees and WaterlWastewater Retail Impact Fees projects
(City Project Nos, B20004 and B20005) for the purpose of transferring funds to the Water/Wastewater 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 Water/Wastewater Wholesale Impact Fees and WaterlWastewater Retail Impact Fees projects (City
Project Nos, B20004 and B20005) to the Water/Wastewater 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 WaterMlastewater Wholesale impact Fees and WaterAVastewater Retail Impact Fees projects (City Project
Nos, B20004 and B20005) to the WaterAVastewater 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 III, and Division 2 of the City
Code. State 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 Locai Government Code. On September 21, 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:
60WATE=R-WASTEWATER IMPACT FEE STUDY UPDATE 2025
Capital
Fund Name
Project
Name
FY2024 CIP
Appropriations
Authority
Change
Budget
(Increase/Decrease)
Revised FY
Budget02
105387-
Water
AN
Impact
act
Fee
dy
$0.00
M&C his
$245,735.00
$245,735.00
Fund-
Stu
56003
Update
Sewer
Impact
Fee
105387-
WANW
eeact
$0.00
This
$245,735.00
$245,735.00
Fund-
M&C
57003
Study
Update
Funding is currently available in the WMMI Wholesale Impact Fees and WAMN Retail Impact Fees projects within the Water Impact Fee Fund and
the Sewer Impact Fee Fund for the purpose of funding the WIWW Impact Fee Study Update project.
Appropriations for the WMIW Impact Fee Study Update project are depicted below:
Fund
Existing
Appropriations
Additional
Appropriations
Project
Total*
Water Impact Fee -
Fund 56003
$0.00
$245,735.00
$245,735.00 11
Sewer Impact Fee
- Fund 57003
$0.00
$245,735.00
$245,735.00
Project fota=ll
$0.0011
$491,470.00
$491,470.00
MM1BE 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.
FISCAL INFORMATION CERTIFICAT ON:
The Director of Finance certifies that funds are currently available in the WAANV Wholesale Impact Fees and WPNW 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 WMNM 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 Managers Office . Fernando Costa 6122
06ginating Business Unit Head: Chris Harder 5020
Additional Information Contact: Matt Kusnir 8219
Julie Perez 8226