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Home My WebLink AboutOrdinance 27745-06-2025ORDINANCE NO.27745-06-2025 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS", OF THE CODE OF THE CITY OF FORT WORTH (2015) AS AMENDED, BY AMENDING ARTICLE III "CHARGES", DIVISION 2 "WATER AND WASTEWATER IMPACT FEES", EXHIBIT A, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(a); BY AMENDING EXHIBIT B, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(b); BY AMENDING SCHEDULE 1, INCORPORATED BY REFERENCE INTO SECTIONS 35-70.3(a), 35-73(a) and 35-78(a); BY AMENDING SCHEDULE 2, INCORPORATED BY REFERENCE INTO SECTION 35-70.3(b), 35-73(b) and 35-78(b); BY AMENDING EXHIBIT C, INCORPORATED BY REFERENCE INTO SECTION 35-71(a); BY AMENDING EXHIBIT D, INCORPORATED BY REFERENCE INTO SECTION 35-72(a); BY AMENDING EXHIBIT E, INCORPORATED BY REFERENCE INTO SECTION 35-76(a); BY AMENDING EXHIBIT F, INCORPORATED BY REFERENCE INTO SECTION 35-77(a); MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 395.052 of the Texas Local Government Code requires the City to review and update its current Land Use Assumptions and Capital Improvements Plans related to water and wastewater facilities and impact fees; WHEREAS, on April 21, 2025, the City made available to the public, copies of the proposed amended Land Use Assumptions and Capital Improvements Plans related to water and wastewater facilities and impact fees; WHEREAS, as required by Section 395.050, the Capital Improvement Plan Advisory Committee submitted its written comments on the proposed amendments to the Land Use Assumptions, Capital Improvements Plans and Maximum Assessable Water and Wastewater Impact Fees per service unit on March 7, 2025; WHEREAS, as required by Section 395.054 of the Texas Local Government Code, the City Council conducted a public hearing to discuss an ordinance amending the Land Use Assumptions, Capital Improvements Plans and impact fees on May 20, 2025; WHEREAS, the City Council must approve the proposed amendments to the Land Use Assumptions and Capital Improvements Plans related to water and wastewater facilities and impact fees within 30 days of such public hearing; WHEREAS, the City Council hereby adopts these revisions to the Land Use Assumptions and Capital Improvements Plans and amendments to water and wastewater impact fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-70.2(a), Exhibit A, "Land Use Assumptions for Water", incorporated by reference, is hereby further amended to be and read as shown on Exhibit A, attached hereto. SECTION 2. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-70.2(b), Exhibit B, "Land Use Assumptions for Wastewater", incorporated by reference is hereby further amended to be and read as shown on Exhibit B, attached hereto. SECTION 3. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Sections 35-70.3(a), 35-73(a) and 35-78(a) Schedule 1 incorporated by reference is hereby further amended to be and read as shown on the amended Schedule 1 "Maximum Assessable Impact Fees for Water and Wastewater", attached hereto. SECTION 4. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Sections 35-70.3(b), 35-73(b) and 35-78(b) Schedule 2, incorporated by reference is hereby further amended to be and read as shown on the amended Schedule 2A "Collected Impact Fee for Water and Wastewater Schedule — Year 1", Schedule 2B "Collected Impact Fee for Water and Wastewater Schedule — Year 2", attached hereto. SECTION 5. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-71(a), Exhibit C, "Water Benefit Area", incorporated by reference, is hereby further amended to be and read as shown on Exhibit C, attached hereto. SECTION 6. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-72(a), Exhibit D, "Water Capital Improvements Plan", incorporated by reference, is hereby further amended to be and read as shown on Exhibit D, attached hereto. SECTION 7. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-76(a), Exhibit E, "Wastewater Benefit Area", incorporated by reference, is hereby further amended to be and read as shown on Exhibit E, attached hereto. SECTION 8. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-77(a), Exhibit F, "Wastewater Capital Improvements Plan", incorporated by reference, is hereby further amended to be and read as shown on Exhibit F, attached hereto. SECTION 9. 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 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, 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 section 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 11. This ordinance shall be effective on October 1, 2025. APP,G� O FORM AND LEGALITY:Axc� � Douglas Black (Jul 9, 2025 11:57 CDT) Douglas W. Black Sr. Assistant City Attorney ADOPTED: June 10, 2025 EFFECTIVE: October 1, 2025 Jannette S. Goodall City Secretary SCHEDULE1 MAXIMUM ASSESSABLE IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $6,644 $6,306 3/4" 3/4" x 3/4" 1.50 $9,966 $9,459 1" 2.50 $16,610 $15,765 1-1 /2" 5.00 $33,220 $31,530 2" 8.00 $53,152 $50,448 3" 21.75 $144,507 $137,156 4" 37.50 $249,150 $236,475 6" 80.00 $531,520 $504,480 8" 140.00 $930,160 $882,840 10" 210.00 $1,395,240 $1,324,260 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) SCHEDULE 2A COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE — YEAR 1 (EFFECTIVE OCTOBER 1, 2025 TO SEPTEMBER 30, 2026) EQUIVALENCY WATER WASTEWATER METER SIZE FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $2,824 $2,680 3/4" 3/4" x 3/4" 1.50 $4,236 $4,020 1" 2.50 $7,060 $6,700 1-1 /2" 5.00 $14,120 $13,400 2" 8.00 $22,592 $21,440 3" 21.75 $61,422 $58,290 4" 37.50 $105,900 $100,500 6" 80.00 $225,920 $214,400 8" 140.00 $395,360 $375,200 10" 210.00 $593,040 $562,800 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) SCHEDULE 2B COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE — YEAR 2 (EFFECTIVE OCTOBER 1, 2026) METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $2,990 $2,838 3/4" x 3/4" 1.50 $4,485 $4,257 1" 2.50 $7,475 $7,095 1-1 /2" 5.00 $14,950 $14,190 2" 8.00 $23,920 $22,704 3" 21.75 $65,033 $61,727 4" 37.50 $112,125 $106,425 6" 80.00 $239,200 $227,040 8" 140.00 $418,600 $397,320 10" 210.00 $627,900 $595,980 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) FORTWORTH. March 7, 2025 The Honorable Mayor and City Council City of Fort Worth 100 Fort Worth Trail Fort Worth, TX 76102 Capital Improvements Plan Advisory Committee City of Fort Worth, Texas RE: 2025 Water and Wastewater Capital Improvements Plan Update - Advisory Committee Recommendations Dear Mayor Parker and Members of the City Council: The Water and Wastewater Capital Improvements Plan Advisory Committee (CIPAC) has been working with City staff and the consulting firm of Freese and Nichols, Inc. since May 2024 on the Water and Wastewater Impact Fee Study Update 2025, an update to the Land Use Assumptions and Capital Improvements Plan for water and wastewater facilities, which are used to calculate the maximum allowable Impact Fees. The CIPAC met on February 27, 2025, and reviewed the consultant's presentation of the finished Water and Wastewater Impact Fee Study Update 2025. Pursuant to its statutory duties, the CIPAC hereby submits, by unanimous vote, the following for your consideration: • The Water and Wastewater Impact Fee Study Update 2025 which updates the City's land use assumptions and capital improvements plan for water and wastewater facilities. • Continued imposition of the Maximum Allowable Impact Fee for water and wastewater facilities increased to $12,950 per service unit based on calculations before credits contained in the 2025 Update. $12,695 would be the maximum allowable with the credit if the collection rate were to exceed 50 percent. The CIPAC, by a 5 to 1 vote, recommends the following with respect to the collection rate of the maximum allowable impact fees: • Effective October 1, 2025, a collection rate of 42.5 percent of the Maximum Allowable Impact Fee (water and wastewater combined) increasing the combined water and wastewater impact fee to $5504. • Effective October 1, 2026, a collection rate of 45 percent of the Maximum Allowable Impact Fee (water and wastewater combined) increasing the combined water and wastewater impact fee to $5828. The CIPAC stands ready to discuss this recommendation with the City Council if so requested. The CIPAC is composed of the following members: Mr. Bob Madeja, Chairman - Building Community Representative Page 2 of 2 Mr. Don E. Allen, Real Estate Representative Mr. George Felan, Neighborhood Community Representative Mr. Daniel Haase, Neighborhood Community Representative Mr. Don Little, Development Community Representative Mr. Rusty Fuller, Neighborhood Community Representative Mr. Rick Trice, ETJ Representative Sincerely, sob Madeia Bob Madeja (Mar 7, 20'15 09:33 CST) Bob Madeja Chairman, Capital Improvements Plan Advisory Committee CC. City Secretary Jesus "Jay" Chapa, City Manager Jesica McEachern, Assistant City Manager Chris Harder, P.E., Water Department Director Water Department staff OIR low t2 I siL �+ l- . ' r ro Pow low Now- WATER & WASTEWATER IMPACT FEE UPDATE EXHIBIT A: LAND USE ASSUMPTIONS - WATER (2025 - 2045) Prepared for: Fort Worth Water FORTWORTH@ March 7, 2025 Prepared by: FREESE AND NICHOLS, INC. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 817-735-7300 WATER & WASTEWATER IMPACT FEE UPDATE Prepared for: Fort Worth Water -�..4 P�E®OF m TF�111 m •�95� / ae�omooameommooeommamm®mmo JESSICA L. BROWN so°o°omom 906.......... Qo / 90098 ®��C� I44 to FS oCENSE--G? 3/7/2025 00 m. SE AND NICHOLS, INC. EXAS REGISTERED ENGINEERING FIRM F-2144 .• q� �/ / .. .....................00 .. ANDREW S.FRANK0 00 %•••••115651••• '� ,�e 3/7/2025 i �1 9/Q, Al E�G� ic FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 ...................::./4 LA . H KAWASMI // :•• 106100�•�� FS •. SENSE • �? 3/7/2025 IIIO�O`A ``fie FR SE AND ICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 E OF �11 ' I 00 *� • *// j......................•.00 NICHOLAS JAMES McCORMICK oo / ...:. .......:.SA. 135767 3/7/2025 • 1 1/\O AL • FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 Water & Wastewater Impact Fee Update FREESE FORT WORTH® Exhibit A: Land Use Assumptions - Water 91011IRNICHOLS TABLE OF CONTENTS 1.0 Introduction..................................................................................................................................1-1 2.0 Water Service Area....................................................................................................................... 2-1 3.0 Population and Employment Projections.....................................................................................3-1 3.1 City of Fort Worth Projections...............................................................................................3-1 3.2 Wholesale Customers.............................................................................................................3-2 3.3 Total Water Service Area........................................................................................................3-2 LIST OF TABLES Table 3-1 City of Fort Worth Retail Population and Employment Projections................................3-1 Table 3-2 Water Wholesale Customer Population and Employment Projections ..........................3-2 Table 3-3 Total Water Service Area Population and Employment Projections...............................3-3 LIST OF FIGURES Figure A-1 Water Service Area..........................................................................................................2-3 APPENDICES Appendix A - Fort Worth Water Service Area CCN Map Appendix B - Water Wholesale Customer Surveys Appendix C - Water Wholesale Customer Population and Employment Projections Water &Wastewater Impact Fee Update rm NICHOLSFORT WORTH® Exhibit A: Land Use Assumptions - Water 1.0 INTRODUCTION Chapter 395 of the Texas Local Government Code requires an impact fee analysis before impact fees can be assessed. Chapter 395 defines an impact fee as "a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development." Chapter 395 identifies the following items as impact fee eligible costs: • Construction contract price • Surveying, engineering and inspection fees • Land acquisition costs • Cost of engineering studies • Fees paid to the consultant preparing or updating the capital improvements plan (CIP) • Projected interest charges and other finance costs for projects identified in the CIP Chapter 395 also identifies items that impact fees cannot be used to pay for, such as: • Construction, acquisition, or expansion of public facilities or assets other than those identified on the capital improvements plan • Repair, operation or maintenance of existing or new capital improvements • Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards • Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development • Administrative and operating costs of the political subdivision • Principal payments and interest or other finance charges on bonds or other indebtedness, except as allowed above 1-1 Water & Wastewater Impact Fee Update FREESE FORT WORTH@ Exhibit A: Land Use Assumptions - Water �� <NICH0LS In April 2024, the City of Fort Worth (City) authorized Freese and Nichols, Inc. (FNI) to perform an update to the impact fee analysis on the City's water and wastewater systems. The purpose of this report is to address the methodology used in the development of the water land use assumptions. The methodology used herein satisfies the requirements of the Texas Local Government Code Section 395 for the establishment of water and wastewater impact fees. The City updated its water land use assumptions and capital improvements plan in 1993, 1996, 1999, 2004, 2009, 2012, 2017, and 2022. This report updates the water land use assumptions for the years 2025, 2035 and 2045. This information will be used in the update of the water impact fees. 1-2 Water & Wastewater Impact Fee Update FREESE FORT WORTHo Exhibit A: Land Use Assumptions - Water 910112 <NICHOLS 2.0 WATER SERVICE AREA Chapter 395 defines the service area as the area within the corporate boundaries or extraterritorial jurisdiction, as determined under Chapter 42, of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities and storm water, drainage, and flood control facilities. The service area for Fort Worth's water system is defined as the city limits, portions of the unincorporated existing extraterritorial jurisdiction (ETJ), and wholesale customers. This service area is the area to which water service could be provided on a retail basis and to all wholesale water customers. Figure A-1 shows the entire water service area for the City of Fort Worth. The City of Fort Worth provides water to 33 wholesale customers which make up the water service area. For the purposes of this study, it is assumed that the wholesale customers will remain under contract with the City for the duration of the future planning periods (2025-2045). The wholesale customers are: • Aledo • Haltom City • Roanoke • Ben brook Water Authority • Haslet • Saginaw • Bethesda Water Supply Corp. • Hudson Oaks • Sansom Park • Burleson • Hurst • Southlake • Crowley • Keller • Trinity River Authority — TCWSP • Dalworthington Gardens • Kennedale • Trophy Club MUD No. 1 • DFW International Airport • Lake Worth • Westlake • Edgecliff Village • North Richland Hills • Westover Hills • Everman • Northlake • Westworth Village • Forest Hill • Richland Hills • White Settlement • Grand Prairie • River Oaks • Willow Park Watauga is served by the City of Fort Worth through North Richland Hills and not a direct wholesale customer. Fort Worth serves as an emergency provider for Benbrook Water Authority, Sansom Park and Trinity River Authority. The emergency use contract customers are not regular users and therefore excluded from the land use assumptions and future water projections. Additionally, the City provides 2-1 Water & Wastewater Impact Fee Update FREESE FORT WORTH@ Exhibit A: Land Use Assumptions - Water 911,11'MICHOLS water service to unincorporated areas that are not included within its city limits or its wholesale customers' city limits. These areas are within Fort Worth's Certificate of Convenience and Necessity (CCN) and included in the water service area. A map showing the CCNs within the City of Fort Worth's water service area can be found in Appendix A. 2-2