HomeMy WebLinkAboutOrdinance 27911-08-2025 (2)ORDINANCE NO.27911-08-2025
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND
SEWERS," ARTICLE III "CHARGES," DIVISION 2 "WATER AND
WASTEWATER IMPACT FEES," SUBDIVISION I "GENERAL
PROVISIONS," OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (2015), AS AMENDED, BY AMENDING SECTION 35-69
"DEFINITIONS" TO REMOVE THE DEFINITION FOR
ADVISORY COMMITTEE AND ADDING A NEW SECTION, 35-
69.1 TO ESTABLISH THE COMPOSITION AND FUNCTIONS OF
THE CAPITAL IMPROVEMENTS PLAN ADVISORY
COMMITTEE FOR WATER AND WASTEWATER IMPACT FEES;
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 PLAN ADVISORY COMMITTEE
FOR WATER AND WASTEWATER 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 June 5, 1990, the City of Fort Worth adopted Ordinance No. 10601
creating impact fees for water and wastewater facilities , now codified in Chapter 35,
Article III, Division 2 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 requiring corresponding amendments to the City Code; 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; and
WHEREAS, the City Council desires to further amend the City Code to codify the
terms of service, composition, qualifications, and duties of the Capital Improvements Plan
Advisory Committee for Water and Wastewater Impact Fees.
Ordinance No. 27911-08-2025
Page I of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 35, Article III, Division 2, Subdivision I, §35-69 "Definitions," of the Code
of the City of Fort Worth, Texas (2015), as amended, is hereby amended to delete the
definition of Advisory Committee in its entirety.
A I I I • YY-
SECTION 2.
Chapter 35, Article III, Division 2, Subdivision I, of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby amended to add a new Section 35-69.1 to be and read
as follows:
Sec. 35-69.1 ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF
CAPITAL IMPROVEMENTS PLAN ADVISORY COMMITTEE FOR WATER
AND WASTEWATER IMPACT FEES.
ll There is hereby created a Capital Improvements Plan Advisory Committee for
Water and Wastewater Impact Fees ("Committee") which shall act in an advisory
capacity, in accordance with Section 395.058 of the Texas Local Government
Code.
O The Committee shall consist of eight members appointed by the City Council.
Seven members of the committee shall be residents of the City of Fort Worth.
One member shall reside in the City's extraterritorial iurisdiction. At least four of
the eight Committee members shall be representatives of the real estate.
development, or building industries who are not emolovees or officials of a
political subdivision or governmental entity.
is The members of the Committee shall be identified by place numbers one through
eight. The odd -numbered places shall expire on October I of each odd -numbered
year and the even -numbered places shall expire on October 1 of each even -
numbered year. 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 years.
jgj Five members of the Committee shall constitute a auorum for the conduct of
business. The members of the Committee shall regularly attend meetings and
Ordinance No. 27911-08-2025
Page 2 of 4
shall serve without compensation, except for reimbursement for authorized
expenses attendant to the performance of their duties.
Le) The committee shall perform the following functions:
Advise and assist the city in adopting land use assumptions;
Q Review capital improvements plans and file written comments,
Q) Monitor and evaluate implementation of the capital improvements plans;
File semi-annual 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; and
1`5) Advise the Citv Council of the need to update or revise the land use
assumptions, capital improvements plans, and impact fees.
(f) The Citv shall make available to the Committee anv professional reports prepared
in the development or implementation of the capital improvements plans.
(a) The Citv Council shall adopt procedural rules for the Committee to follow in
carrving out its duties.
SECTION 3.
Chapter 2, Article III, Division 4, Section 2-83, "Numbers of Members and Terns 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 (9) to read as
follows:
Capital Improvements Plan Advisory Committee for Water and
Wastewater Impact Fees.
SECTION 4.
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.
Ordinance No. 27911-08-2025
Page 3 of 4
SECTION 5.
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 6.
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 7.
This ordinance shall be effective upon adoption.
APPROVED AS TO FORM AND LEGALITY:
DDt WlHtatk 202514:52:32 CDT)
Sr. Assistant City Attorney
ADOPTED AND EFFECTIVE: August 26, 2025
Ordinance No. 27911-08-2025
Page 4 of 4
'k AzS '
t:c=eS. Goodall
City Secretary
�44