HomeMy WebLinkAbout26-28784 - City Council - OrdinanceOrdinance 26-28784
AN ORDINANCE AMENDING CHAPTER 30 "STREETS AND
SIDEWALKS" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (2015), AS AMENDED, BY ADDING ARTICLE IX
"PAVEMENT MANAGEMENT FEE" TO ESTABLISH A
PAVEMENT MANAGEMENT FEE; PROVIDING FOR AN
ASSESSMENT AND COLLECTION PROCESS AND EXEMPTIONS;
PROVIDING FOR ESTABLISHMENT OF ACCOUNTS AND USE OF
PROCEEDS; PROVIDING AN APPEALS PROCESS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE AND PROVIDING AN IMPLEMENTATION DATE.
WHEREAS, the City of Fort Worth ("City") owns, operates and maintains
approximately 8,600 lane miles of streets for the public benefit; and
WHEREAS, the Fort Worth City Charter and the City's home -rule authority
authorize the City to control, maintain, repair, rehabilitate, and reconstruct its public streets
and to provide municipal services for the public health, safety, and welfare, subject to the
Texas Constitution and general law; and
WHEREAS, the City provides management of the Street System (as defined below)
to adequately protect the health, safety, and welfare of the citizens of the City; and
WHEREAS, it is necessary that the City provide for the planning, budgeting, and
delivery of maintenance necessary to promote the longevity and preservation of the street
system; and
WHEREAS, in setting the schedule of charges for the Pavement Management Fee
(as defined below), the City of Fort Worth City Council ("City Council") intends that the
charges be derived from an engineering -based determination of the relative use of the street
system attributable to each type of property and not by reference to the value of real or
personal property; and
WHEREAS, the amount of the Pavement Management Fee does not meet or exceed
the cost to provide pavement management services; and
WHEREAS, the Pavement Management Fee is intended to provide for broader
application of pavement management techniques to preserve satisfactory pavement
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 1 of 10
conditions to prevent for as long as possible full-scale base deterioration and complete
reconstruction of the Street System; and
WHEREAS, a motion was made to approve this ordinance with the following
changes "to require semi-annual public reporting on transportation impact fees and the
pavement management fee; a twelve-month implementation review in a public workshop
with an invitation to Real Estate Council leadership; and language ensuring that pavement
management fee revenues, other than reasonable and separately reported direct
administrative costs, are used exclusively for pavement management preservation and
maintenance"; and
WHEREAS, (i) state law and the City Code provide for such reporting on
transportation impact fees and their use, (ii) the ordinance includes language restricting use
of the funds to their prescribed purposes and (iii) revised text has been added to provide for
the required reporting and implementation review; and
WHEREAS, the City Council hereby directs City staff to establish the Pavement
Management Fee against all real property subject to charges within the City Limits (as
defined below), provide pavement management services for the Street System and provide
such pavement management services on nondiscriminatory, reasonable, and equitable terms;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
SECTION 1.
The recitals above are adopted as findings of the City Council and incorporated into
this Ordinance.
SECTION 2.
Chapter 30 "Streets and Sidewalks" of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby amended by adding Article IX "Pavement Management Fee,"
to be and read as follows::
PAVEMENT MANAGEMENT FEE
Section 30-220 Definitions The following terms, when used in this Article,
shall have the meanings respectively ascribed to them by this Section:
BENEFITTED PROPERTY. An improved Parcel that has access to the Street
System and generates Vehicle Miles Traveled.
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 2 of 10
CITY. The City of Fort Worth, Texas.
CITY LIMITS. All that area of land located within the municipal corporate
boundary of the City of Fort Worth. Upon the effective date of any full purpose annexation
of additional land into the City of Fort Worth, thus expanding the city limits, existing streets
within such annexed land shall become part of the Street System. Land annexed for limited
purposes shall become a part of the Street System upon annexation for full purposes.
DEVELOPMENT UNIT. The unit of measurement used to calculate the Pavement
Management Fee for a property within a specific PMF Category. A Development Unit may
consist of one dwelling unit, one room, one student, or a specified quantity of measurement
such as per 1,000 square feet of gross floor area.
DIRECTOR. The Director of Transportation and Public Works Department or the
Director's designated representative.
PARCEL. One or more lots or tracts, or portions of lots or tracts located within the
City Limits.
PAVEMENT MANAGEMENT FEE (PMF). The monthly fee established by this
Article.
PAVEMENT MANAGEMENT FEE CATEGORY. The classification assigned to
a property or use within the City Limits based on its land use characteristics maintained by
the appropriate county appraisal district and the City for purposes of calculating the
Pavement Management Fee.
PAVEMENT MANAGEMENT PROGRAM. The Street System maintenance
program managed by the Department of Transportation and Public Works. Pavement
Management Program does not include the expenditure of any City funds to construct new
roadways.
RATE. The amount set by City Council per VMT for use in calculating the Pavement
Management Fee.
STREET SYSTEM shall mean the public streets and roads maintained by the City
within the City Limits.
USER shall mean the individual or entity who is identified as a customer at a
Benefitted Property as recorded in the records of the City's utility billing system.
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 3 of 10
VEHICLE MILES TRAVELED (VMT) shall mean the estimated total distance
traveled by motor vehicles generated by a particular land use or activity, expressed in vehicle -
miles.
Section 30-221 Findings
The city council finds and determines the following:
(a) A well -maintained Street System confers a direct benefit on each User by
facilitating safe and efficient transportation.
(b) Each User, by virtue of ownership or occupancy of the Benefitted Property,
contributes to City-wide maintenance demands on the Street System, thereby
necessitating proportional and attributable expenses under the Pavement
Management Program.
(c) It is appropriate, fair, equitable, and non-discriminatory for each User to bear a
proportionate share of the Pavement Management Program costs attributable to
their Benefitted Property. In return, the User receives the benefit of a Street
System maintained to accommodate the demand generated by the Benefitted
Property.
(d) The VMT methodology, utilizing trip generation rates published by the Institute
of Transportation Engineers (Trip Generation Manual, 11th Edition, or later), the
trip length and pass -by percentages published in the City of Fort Worth
Transportation Impact Fee Study (2022 edition, or later), and the Development
Unit provides a reasonable and objective basis for apportioning city-wide
Pavement Management Program costs to Benefitted Properties.
(e) The size and use of a Benefitted Property may reasonably be used to estimate the
VMT and the Pavement Management Fee Category.
(f) The Pavement Management Fee does not exceed what is reasonably needed by
the City for maintenance of the Street System.
(g) The sole purpose of the Pavement Management Fee is to recover costs attributable
to Users for the Pavement Management Program.
(h) The Pavement Management Fee is not intended to achieve full cost -recovery for
all attributable costs arising from Users' total impact on the Street System.
Section 30-222 Creation of Pavement Management Fund
A Pavement Management Program fund is created. All Pavement Management Fees
collected by the City shall be deposited into this fund and shall be used exclusively for
the Pavement Management Program.
Section 30-223 Administration
(a) The administration of the Pavement Management Program shall be for the benefit
of all Users of the Street System and shall be performed in a nondiscriminatory
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 4 of 10
manner. The Director shall be responsible for the administration of this Article
including, but not limited to, creating a policy for the administration of the
pavement management fund and the Pavement Management Fee; enacting any
procedures necessary for the administration of the Pavement Management Fee
including the consideration of petitions for exemption or appeal; developing street
maintenance programs; and establishing Pavement Management Program criteria
and standards.
(b) Beginning six months after the Implementation Date, the Director shall prepare
and present to the City Council semi-annual reports providing an update on the
Pavement Management Fee Program.
(c) Beginning with the first anniversary of the Implementation Date, the Director
shall host an annual review in a public forum with leadership of the Fort Worth
Real Estate Council invited.
Section 30-224 Fee Established
(a) All Pavement Management Fees shall be deposited into the Pavement Management
Program fund and shall be used exclusively for pavement management services,
including, but not limited to:
(1) The cost of labor, machinery, equipment, materials or facilities necessary or
incident to the provision of contracts or in-house services provided for the
repair and maintenance of the Street System;
(2) The cost of engineering, regulatory compliance, legal, and related services,
plans and specifications, studies, surveys, estimates of cost and all other
expenses necessary or incidental to planning, designing, providing, or
determining the necessity and techniques best suited for maintenance of the
Street System;
(3) The cost of funding and financing Pavement Management Program projects;
(4) The cost of debt service and reserve requirements for revenue bonds used to
finance structures, equipment, and facilities which are pledged against
securities or obligations issued by the municipality solely for maintenance of
the Street System; and
(5) The administrative costs of a Pavement Management Program, including but
not limited to, labor, billing, accounting, and collection.
(b) The Pavement Management Fee shall be paid by the Users in the Service Area.
(c) The Pavement Management Fee will be set by City Council.
(d) The revenues collected from Pavement Management Fees must be completely
identifiable from other City accounts. Funds collected pursuant to this ordinance may
be deposited, transferred, or expended in combination with other city funds
designated for the same or substantially similar purposes provided that the city
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 5 of 10
maintains accounting records sufficient to separately identify and track all revenues,
expenditures, balances, and transfers attributable to the funds collected under this
ordinance and that such funds are used only for the purposes authorized by this
ordinance and publicly committed street maintenance service levels are sustained.
Section 30-225 Calculation of Fee and Fee Schedule
(a) The Pavement Management Fee assessed to each User on a monthly basis shall
be computed by multiplying the Category Rate by the Development Unit and the
Rate as shown in the following formula:
Pavement Management Fee = CR * DU * Rate
Pavement Management Fee = the amount charged per month to each
User.
Category Rate (CR) = the calculated average VMT generated per development
unit for that PMF Category group per the table below.
Rate = $0.6946 per VMT
PMF Categories
Single -Family*
Multi- Family* *
School
Lodging
Retail & Event
Office
Warehouse &
Industrial High
Warehouse &
Industrial Low
Health Facility
Non -Hospital
Hospital
Fast Food &
Coffee Shop
Dine -In
Restaurant
Religious
Category Rate (CR)
4.32
2.39
1.00
1.76
Development Unit
(DU)
Dwelling Units
Dwelling Units
Students
Rooms
10.21 Per 1,000 Square Feet
(SF) of Gross Floor
Area (GFA)***
9.11 1,000 SF GFA
3.80 1,000 SF GFA
0.89 1,000 SF GFA
16.67 1,000 SF GFA
4.24 1,000 SF GFA
62.58 1,000 SF GFA
16.53 1,000 SF GFA
2.04 1,000 SF GFA
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 6 of 10
Senior Living 2.52 1,000 SF GFA
Center
Big Box Store 3.71 1,000 SF GFA
* The Single-family category includes all properties with 1-4 dwelling units.
** The Multi -Family category includes properties with more than 4 dwelling units.
*** To determine the number of Development Units for GFA categories, divide the gross floor area by 1,000;
for example, a 20,000 square foot building is equal to 20 DUs.
(b) The calculated number of DU's will be rounded to the nearest whole integer other
than zero.
Section 30-226 Assessment of Fee
(a) The Pavement Management Fee shall be paid each month to the City by the User
of a Benefitted Property.
(b) If the utility services for a Benefitted Property are arranged, allocated, or metered
in a non-standard manner, the Director may determine a reasonable method for
allocating the Pavement Management Fee, including, but not limited to, basing
the allocation on the Benefitted Property's traffic generation characteristics and
assigning the charges to the appropriate utility services bill based on the available
metering configuration.
Section 30-227 Exemptions
The following shall be exempt from the Pavement Management Fee
(a) An undeveloped and unused Parcel or Parcel held and maintained in its natural
state until such time that the Parcel is developed and occupied as determined by
the City.
(b) A subdivided Parcel, until a structure has been built on the Parcel and a certificate
of occupancy has been issued or the City has taken official action to allow
occupancy of the Parcel, such as the final inspection for a residential property.
(c) A Parcel determined to be exempt by the Director after receipt of a written
application by the User establishing to the Director's satisfaction that the Parcel
does not generate VMT because of its use or other qualifying circumstances
established by administrative policy, or that the User of the Parcel is already
assessed a fee by the City for the repair of the Street System under other law. The
User bears the burden of proving such exemption. The User shall submit
documentation requested by the Director necessary to verify a claim that the
Pavement Management Fee should not be assessed by the City. The Director may
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 7 of 10
require resubmission of an application for an exemption on an annual basis. An
exemption may be denied, revoked, or modified if the Director determines the
Parcel no longer meets the exemption criteria.
Section 30-228 Appeal
(a) A User who believes the calculation or determination of the Pavement
Management Fee is incorrect may submit an appeal to the Director. A belief that
the Pavement Management Fee is too high, by itself, shall not be sufficient
grounds for an appeal.
(b) All appeals shall be in writing and set forth in detail the relief sought and the
grounds upon which relief should be granted.
(c) All appeals shall be filed with the Director within 15 business days of the User
receiving a billing statement that includes the Pavement Management Fee from
the City.
(d) Failure to submit a timely appeal shall be deemed to be a waiver of any further
right to administrative reconsideration or review of the Pavement Management
Fee included on the billing statement.
(e) The User may be required by the Director, at the User's sole cost, to provide
supplemental information to the Director, including but not limited to survey data
approved by a Texas licensed professional land surveyor, engineering reports
approved by a Texas licensed professional engineer, or other documentation the
Director deems necessary. Failure to provide requested information in a timely
manner may result in the denial of the appeal.
(f) The Director shall either grant or deny the appeal.
(g) If the appellant disagrees with the Director's decision, the appellant may request
a review by the City Manager by delivering a written notice of appeal to the City
Manager within 15 business days of receipt of the Director's decision.
(h) The City Manager shall review the appeal and render a decision within a
reasonable time from the date the appellant provides notice of appeal. The City
Manager's decision shall be final.
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 8 of 10
Section 30-229 Billing and Payment
(a) Bills or statements for the Pavement Management Fee shall be issued by the City
to each User of Benefitted Property unless exempt pursuant to this Article. The
Pavement Management Fee shall be paid by the due date set forth in each bill or
statement. The bill or statement shall be considered received by the User, whether
actually received or not, when sent to the User pursuant to the City's customary
method for utility billing.
(b) The Pavement Management Fee shall be billed to the User monthly with the
User's City utility billings and shall be identified separately on the bill as a
Pavement Management Fee.
(c) If the City does not bill water, sewer, solid waste or drainage to a User, the City
is authorized to direct an invoice to the User for the User's Pavement
Management Fee by United States Postal Service mail or electronically, if so
provided by the City.
Section 30-230 Recovery of Unpaid Fees; Enforcement
The City may recover a Pavement Management Fee that is not paid when due in an action
at law.
Section 30-231 Governmental Immunity
This Article does not waive the City's immunity.
Sec. 30- 232 Implementation Date
The imposition of the Pavement Management Fee shall begin onFebruary 1, 2028
§§ 30-233 -30-250 Reserved
SECTION 3.
By the passage of this ordinance, the City makes no representation that all of the
City's streets or roadways making up the Street System will be immediately remedied and
the City Council is given full discretion in establishing the time and quantitative priorities in
expending funds as the same become available to meet the pavement management needs of
the City on a reasonable basis.
SECTION 4.
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 9 of 10
This Ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Fort Worth, Texas (2015), as amended, except where the
provisions are in direct conflict with the provisions of other ordinances, in which event the
conflicting provisions of the other ordinances are hereby repealed.
SECTION 5.
It is hereby declared to be the action of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 sections 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, phrase,
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 take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
By: Douglas Black (Sep 28, 2026 13:32:23 CDT)
Douglas W. Black
Sr. Assistant City Attorney
ADOPTED: September 15, 2026
EFFECTIVE: September 15, 2026
Jannette S. Goodall
City Secretary
Pavement Management Fee Ordinance
Ordinance No. 26-28784
Page 10 of 10
FORT WORTH,,
MAYOR AND COUNCIL COMMUNICATION
11.2.1 ESTABLISH PAVEMENT MANAGEMENT FEE
DATE: 09/15/26 M&C FILE M&C 26-0838
NUMBER:
DEPARTMENT: TRANSPORTATION PUBLIC WORKS
SUBJECT
(ALL) Adopt an Ordinance Amending Chapter 30 "Streets and Sidewalks," of the Code of the
City of Fort Worth (2015), as Amended, by Adding Article IX "Pavement Management Fee,"
Sections 30-220 through 30-250, Establishing a Pavement Management Fee, Creating a
Pavement Management Fund, Providing for the Imposition of a Pavement Management Fee
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 30
"Streets and Sidewalks," of the Code of the City of Fort Worth (2015), as amended, by adding
Article IX "Pavement Management Fee," Sections 30-220 through 30-250, to establish the
Pavement Management Fee, define administrative provisions, create a Pavement
Management Fund, provide exemptions, and establish a date for fee imposition.
DISCUSSION
The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance
amending Chapter 30 "Streets and Sidewalks" of the Code of the City of Fort Worth (2015) by
adding Article IX Pavement Management Fee. The City of Fort Worth is responsible for
maintaining approximately 8,600 lane miles of streets and roadways that serve every resident,
business, and visitor. Increasing age, heavy traffic volumes, and years of underfunded
maintenance have resulted in deteriorating pavement conditions that threaten roadway
safety, increase long-term costs, and reduce the useful life of City transportation assets. To
avoid incurring significantly higher full street reconstruction costs delivered via the bond
program, and to "keep good streets good" for a longer period, the Transportation & Public
Works Department has evaluated long-term funding options to stabilize pavement conditions
and address ongoing preservation and heavy maintenance needs.
On November 2023, the City retained Freese and Nichols, Inc. (City Secretary Contract No.
60486) to perform an independent funding analysis and provide information about funding
options to address pavement management. In October 2024, the City amended the contract
(M&C 24-0785) to provide for development of a potential Pavement Management Fee to
supplement existing pavement management funding. In October 2025 (M&C 25-0972), the City
1 of 3
FORT WORTH,,
Council authorized a subsequent contract with Freese and Nichols, Inc. (CSC No. 64357) for
development of the fee.
The ordinance creates Article IX "Pavement Management Fee," in Chapter 30 "Streets and
Sidewalks" of Fort Worth City Code. The ordinance establishes the fee, defines key terms,
creates a Pavement Management Fund, provides for additional administrative provisions,
establishes exemptions, provides for allocation and appeals, and establishes the calculation
of the fee.
The proposed fee structure uses a principal basis known as Vehicle Miles Traveled (VMT), which
represents each property's contributed use of the City's transportation network and provides
the proportional allocation of maintenance costs among benefited properties. The Single -
Family monthly charge will be fixed at $3.00 per dwelling unit. Multi -Family and all other
categories such as schools, lodging, office, retail, warehouse, restaurants, etc. will vary based
on specific factors germane to the use and property size. The fee is expected to generate
approximately $27.4 million annually beginning in Fiscal Year 2028, with 75% supporting heavy
maintenance projects (Capital Delivery) and 25% supporting citywide preservation projects
(Street operations) thus avoiding an estimated $125 million per year in future full street
reconstruction costs.
The benefits of the fee include establishing a proactive five-year preservation cycle that
maintains roadway assets and supporting a 50 percent increase in heavy maintenance
projects. Heavy maintenance projects generally include pavement rehabilitation such as
asphalt mill and overlay or concrete panel replacement while preservation techniques are
generally more surface -based such as crack sealing.
Fee collection will be done via the Water Department in the same manner as other fees are
billed and is planned to begin February 2028. Prior to fee imposition, additional public notice
will be provided.
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 this recommendation will have no material
effect on City funds.
SUBMITTED FOR CITY MANAGER'S OFFICE BY:
ORIGINATING BUSINESS UNIT HEAD:
Jesica L. McEachern, # 5804
Lauren Prieur, # 6035
ADDITIONAL INFORMATION CONTACT: Monty Hall, # 8662
2 of 3
FORT WORTH,,
ATTACHMENTS
Ordinance Establishing Pavement Management Fee [11.2.1.2 - 10 pages]
3 of 3