HomeMy WebLinkAboutOrdinance 27900-08-2025 (2)ORDINANCE NO.27900-08-2025
AN ORDINANCE AMENDING CHAPTER 30 "STREETS AND
SIDEWALKS," ARTICLE VIII "TRANSPORTATION," OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY
AMENDING SECTIONS 30-154, 30-159 AND 30-173 TO REVISE
PROVISIONS ADMINISTERING THE TRANSPORTATION IMPACT
FEE PROGRAM; AND AMENDING CHAPTER 2 'ADMINISTRATION,
ARTICLE III "BOARDS AND COMMISSIONS," DIVISION 4 'RULES
AND PROCEDURES FOR CERTAIN BOARDS," OF THE CODE OF THE
CITY OF FORT WORTH, TEXAS (2015), AS AMENDED BY AMENDING
SECTION 2-83 TO REVISE THE LIST OF BOARDS THAT ARE NOT
APPOINTED BY DISTRICT TO ADD THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE FOR TRANSPORTATION IMPACT FEES;
MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 395 of the Texas Local Government Code governs the
establishment, imposition and management of impact fees; and
WHEREAS, on May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083-05-
2008 creating impact fees for transportation facilities, now codified in Chapter 30, Article VIII of
the Code of the City of Fort Worth (2015); and
WHEREAS, the 89th Texas Legislature, Regular Session, adopted Senate Bill 1883,
signed by Governor Abbott on June 20, 2025, effective September 1, 2025 which makes changes
to Chapter 395 of the Texas Local Government Code; and
WHEREAS, Senate Bill 1883 changes the qualification requirements for impact fee
advisory committees and no longer allows a planning and zoning commission to serve as the
advisory committee, which requires corresponding amendments to the City Code; and
WHEREAS, the 89th Texas Legislature, Regular Session, adopted Senate Bill 840, signed
by Governor Abbott on June 20, 2025, effective September 1, 2025 creating Chapter 218 of the
Texas Local Government Code which regulates conversions of buildings and the collection of
impact fees related thereto; and
WHEREAS, the City Council desires to amend the City Code to comply with the changes
to Chapter 395 of the Texas Local Government Code, to make revisions in keeping with Senate
Bill 840, and to make other minor text revisions; and
WHEREAS, the City Council desires to amend the City Code to codify the terms of
service, composition, qualification, and duties the Capital Improvements Advisory Committee for
Transportation Impact Fees.
Ordinance No. 27900-08-2025
Page 1 of 7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH:
SECTION 1.
Chapter 30, Article VIII, Division 1, §30-154 "Definitions" of the Code of the City of Fort
Worth, Texas (2015), as amended, is hereby amended to delete the definition of Capital
Improvements Advisory Committee in its entirety and revise the definitions of Change of Use and
Shell Building to be and read as follows:
. The ads— Fran
ee tW6ir., tz-,
to
fulfill the eempesitien manda4ed i;. Lo✓zl Govemment Code §395.0
CHANGE OF USE. A change in the use or occupancy of
any existing structure, with the e*eeptien of she!! building(s)never- p-evieusly eraeopica, for which
a certificate of occupancv has been issued. that does not add sauare footage to the existing structure
pr-eeeding-awe;--Aff.&. , but is no
lotted 40, ttr_ r8eeffqMly6=9 l�e'V816p�13@ttt, I.'eFfii^or�S l c�FH:si--isr�eiut�6�3 6
enjor-gement of my stmettir-e.
SHELL BUILDING. A new, non-residential building that is built without a final use
determined. Finish -out hermits for a building or areas within a building that have not been issued
a final certificate of occupancv do not constitute a Change of Use and must hav impact fees based
on their final use.
SECTION 2.
Chapter 30, Article VIII, Division 1, §30-159 "Functions of Capital Improvements
Advisory Committee for Transportation Impact Fees" of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby amended to read as follows:
Sec. 30-159 ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF CAPITAL
IMPROVEMENTS ADVISORY COMMITTEE FOR TRANSPORTATION IMPACT
FEES.
(a) There is hereby created a Capital Improvements Advisory Committee ("Committee") for
Transportation Impact Fees. which shall act in an advisory capacity, in accordance with
Section 395.058 of the Texas Local Government Code.
(b) The Committee shall consist of seven regular members and two alternate members. each
of whom shall be a resident of the Citv. The members of the Committee shall be appointed
by the City Council. At least four of the regular members and one of the alternate members
shall be representatives of the real estate. development, or building industries who are not
Ordinance No.27900-08-2025
Page 2 of 7
emvlovees or officials of a political subdivision or governmental entity. The alternate
members shall serve when regular committee members are unable to attend or participate.
(c) The regular members of the Committee shall be identified by place numbers one through
seven. The odd -numbered places shall expire on October 1 of each odd -numbered vear and
the even -numbered places shall expire on October 1 of each even -numbered Year. The term
of the alternate members shall expire on October 1 in each odd numbered vear. Members
may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms but
no members may be appointed to a term in excess of two vears.
Four members of the Committee constitute a Quorum for the conduct of business. The
members of the Committee shall regularly attend meetings and shall serve without
compensation, except for reimbursement for authorized expenses attendant to the
performance of their duties.
(add) The eVital imprevem a a46eate)-Committee shall perform
the following functions:
(1) Advise and assist the City in adopting land use assumptions;
(2) Review the tmaspeAmieft capital improvements plans and file written comments on
impact fees;
(3) Monitor and evaluate implementation of thetFmspeFtatiett capital improvements
plans;
(4) File semiannual reports with respect to the progress of the capital improvements
plans and report to the Citv Council anv perceived inequities in implementing the
plans or imposing the impact fee Advise the eity of the ffoea te • .lots or o e the
fees; and
(5) Advise the Citv Council of the need to update or revise the land use assumptions.
capital improvements plans. and impact fees. File a semiannual repeA,
(be) The City shall make available to the eapital improvements adviseff Committee €ex
trmcr_mL03a i"aet—€ees any professional reports prepared in the development or
implementation of the transportation improvements plans.
(e_0 The City Council shall adopt procedural rules for the eapital iffipFevetmeRts a&iser-y
Committee to follow in carrying out its duties.
SECTION 3.
Ordinance No. 27900-08-2025
Page 3 of 7
Chapter 30, Article VIII, Division 2, §30-173, "Collection of Impact Fees," Subsection (a)
of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to read as
follows:
Sec. 30-173 COLLECTION OF IMPACT FEES.
(a) Transportation impact fees shall be collected at the time the City issues a building permit
for a new development, unless a different time is provided for in aii •".,.00. ent for- capi '
e�ee�tts pursuant to subsections (b) or c below.
SECTION 4.
Chapter 30, Article VIII, Division 2, §30-173, "Collection of Impact Fees," Subsection
(c)(4) of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to read
as follows:
Sec. 30-173 COLLECTION OF IMPACT FEES.
(c) The Director of Development Services or his or her delegate shall compute the
transportation impact fees for a new development in the following manner.
(4) Impact fees for Shell Buildings are wi4-based on a general land use category to
establish an impact fee amount to be collected at the time of -the building permit for
the Shell Building app4es6oi+-is issued. Impact fees will be calculated based upon
the ultimate land use corresponding with the subseauent finish -out hermits for the
building reduced by the impact fees initially paid on that portion of the Shell
Building. Tenant finish eat pefmits will be reviewed and eempe&ed against the
original she!! building land use fer- eelleetien efadditieflal impaet fees ewed, if any.
Anv difference in impact fees will be due at the time the building permit is issued
for the finish -out.
Ordinance No. 27900-08-2025
Page 4 of 7
SECTION 5.
Chapter 30, Article VIII, Division 2, §30-173, "Collection of Impact Fees," Subsection (d),
Subdivision (3) Extraordinary investment discount at subpart a. 2. of the Code of the City of Fort
Worth, Texas (2015), as amended, is hereby amended to read as follows:
Sec. 30-173 COLLECTION OF IMPACT FEES.
(d) The following discounts shall apply to reduce Schedule 2 transportation impact fees
otherwise due:
(3) Extraordinary investment discount.
a. The amount of transportation impact fees due under Schedule 2 shall be
reduced 25% for any development that results in all of the following
qualifications, as jointly determined by the Development Services
Department and the Department of Economic Development:
2. Creation of 75 new. permanent jobs; and
SECTION 6.
Chapter 30, Article VIII, Division Two, §30-173, "Collection of Impact Fees," Subsection (d),
Subdivision (3) Extraordinary investment discount at subpart b. of the Code of the City of Fort
Worth, Texas (2015), as amended, is hereby specifically amended to read as follows:
Sec. 30-173 COLLECTION OF IMPACT FEES.
(d) The following discounts shall apply to reduce Schedule 2 transportation impact fees
otherwise due:
(3) Extraordinary investment discount.
b. For each additional $10,000,000 in capital investment or additional 75 qualified new,
permanent jobs, the impact fee amount due under Schedule 2 will be further reduced by
an additional 5% up to a maximum reduction of 50%. A development may receive this
discount and have a period of up to four years from the issuance of a building permit to
qualify under the terms of this discount. Impact fees otherwise paid shall be refunded to
the original payor at the time of issuance of the building permit. A development shall
refund a pro rata share of this discount should the development not continue to maintain
the number of new. permanent jobs for a period of at least ten years from the date of
building permit (or the date of qualification for this discount), equal to 10% per annum
for each year that the number of jobs is not maintained. The terms related to this discount
shall be incorporated within an agreement for credits pursuant to § 30-182.
Ordinance No.27900-08-2025
Page 5 of 7
SECTION 7.
Chapter 30, Article VIII, Division 2, §30-173, "Collection of Impact Fees," Subsection (d),
Subdivision (4) Small business discount at subpart a. of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby amended to read as follows:
See. 30-173 COLLECTION OF IMPACT FEES.
(d) The following discounts shall apply to reduce Schedule 2 transportation impact fees
otherwise due:
(4) Small business discount.
a. The amount of transportation impact fees due under Schedule 2 for non-
residential building permits, other than new construction building permits,
shall be reduced by 25% for a development that meets all of the following
qualifications, as jointly determined by the Development Services
Department and the Department of Economic Development:
SECTION 8.
Chapter 2, Article III, Section 2-83, "Numbers of Members and Terms of Service;
Establishment of Places," of the Code of the City of Fort Worth, Texas (2015), as amended, is
hereby amended by amending Subsection (b) to add subdivision (8) to read as follows:
J8) Canital Imnrovements Advisory Committee for Transportation Impact Fees; and
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.
Ordinance No. 27900-08-2025
Page 6 of 7
SECTION 11.
That all rights and remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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, same shall not be affected by this ordinance but may be prosecuted until final
disposition of the courts.
SECTION 12.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
Douglas Black (Sep 16, 202514:52:06 CDT)
Douglas W Black Jannette S. Goodall
Sr. Assistant City Attorney City Secretary
ADOPTED and EFFECTIVE: August 26, 2025 �ao
4 O ®�j 000oo000000 A�A
O �o°v ®��YYO
o o�p
o o
(� o 0 d
A 00 00 L>
V 0000000000 A
Ordinance No.27900-08-2025
Page 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0768
LOG NAME: 06TRANSPORTATION IMPACT FEE ORDINANCE LEGISLATIVE UPDATE 2025
SUBJECT
(ALL) Adopt an Ordinance Amending Chapter 30, Article VIII, "Transportation Impact Fees" of the Code of the City of Fort Worth to Revise
Certain Provisions Relating to the Transportation Impact Fee Program to Comply with Legislation Passed by the 89th Texas Legislature and to
Make Other Text Revisions and Amending Chapter 2, Article I "In General' of the Code of the City of Fort Worth Regarding the Character and
Make -Up of Boards
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Code of the City of Fort Worth Chapter 30 "Streets and
Sidewalks", Article VIII, "Transportation Impact Fees," Division 1 "General Provisions" Section 30-154 "Definitions" and Section 30-159
"Functions of Capital Improvements Advisory Committee for Transportation Impact Fees" and Division 2 "Assessment and Collection of Impact
Fees" Section 30-173 "Collection of Impact Fees" to revise certain provisions relating to the Capital Improvements Advisory Committee required
by legislation passed by the 89th Texas Legislature and make other text revisions thereto and amending Chapter 2 "Administration", Article I "In
General", Division 4 "Rules and Procedures for Certain City Boards", Section 2-83 "Number of Members and Terms of Service; and
Establishment of Places.
DISCUSSION:
The purpose of this Mayor and Council Communication is to adopt an ordinance amending Chapter 30, Article VIII, Transportation Impact Fees to
address the impacts of Senate Bill (S.B.) 1883 and S.B. 840 passed by the 89th Texas Legislature. Both bills take effect on September 1, 2025.
S.B. 1883 makes substantial changes to certain procedures which are not codified in City Code. The change that is being addressed by
this Ordinance is to the composition of the Capital Improvements Advisory Committee (CIAC). S.B. 1883 removes the provision that allows the
City Plan Commission to serve as the impact fee advisory committee. City Code Sec. 30-154 Definitions defined the CIAC to be the City Plan
Commission which has served in that role. Moreover, the character of the committee has been changed such that 50% of the minimum five
members must be representatives of the real estate, development, or building industries who are not employees or officials of a governmental
entity. The ordinance establishes the CIAC in an existing section describing its duties as per state law.
Staff recommends that the CIAC be composed of seven regular members and two alternates. Four of the seven members and one of the two
alternates must be representatives from the real estate, development, and building industries who are not employees or officials of a political
subdivision or governmental entity in accordance with the bill.
The other changes to the Impact Fees code are based on S.B. 840 to clarify when impact fees will be collected on shell buildings and subsequent
finish out for occupancy and by staff to make clear that the extraordinary investment discount is for permanent jobs and that the small business
discount applies to non-residential building permits.
The ordinance will amend Chapter 2 of the City Code to exempt the CIAC from the standing requirement of being an eleven member boad
appointed by council district. The ordinance will be effective upon adoption.
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 Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Jennifer Roberts 6101
Expedited