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Home My WebLink AboutOrdinance 21239-05-2014 Ordinance No. 21239-05-2014 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS", OF THE CODE Of' THE CITY OF FORT WORTH (1986), AS AMENDED; BY FURTHER AMENDING ARTICLE III "CHARGES", SECTION 35-70.1.3 "UPDATES TO PLAN AND REVISION OF FEES", SUBSECTION (a); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDINGA, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, currently, City Code Section 35-70.13(a) requires the update of the Land Use Assumptions and Capital Improvements Plan to be done every three (3) years; WHEREAS, the Texas Local Government Code 395.052 only requires an update to the Land Use Assumptions and Capital Improvements Plan at least every five (5) years; and WHEREAS, on March 13, 2014 the Water and Wastewater Capital Improvements Plan Citizen Advisory Committee concurred with the Water Department's recommendation that the periodic update be done every five (5) years to be consistent with state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of' FORT WORTH,TEXAS: SECTION 1. Part 11 of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Section 35-70,13 "Updates To Plan And Revision Of Fees", Subsection (a) is hereby further amended as follows: (a) The city shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in 'I'exas Local Government Code, Chapter 395, or in any successor statute. SECTION 2. CUMULATIVE PROVISIONS -11us ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 Impact Fee Update Ordinance No. 2 1 239-05-20 14 CRR050114 Page I of 2 of such ordinances and Such Code are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrase, clause, sentence, paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section ofthisordinance 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,paragraph or section. SECTION 4. RIGHTS AND REMEDIES All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which 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, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: 4,, By: AssistanPdty Attorney Mary J. M4, alt' Seer- etary ADOPTED: Impact Fee Update Ordinance No.21239-05-2014 CR.R050114 Page 2 of 2 Semiannual Progress Report Water and Wastewater Capital Improvements Plan March 2014 F' RT' WATER Prepared by the Fort Worth Water Department TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY 1 Il. INTRODUCTION 3 A. Purpose of the Report 3 B. Appointment of Capital Improvements Plan Citizen's Advisory Committee 3 C. Background 3 D. Semiannual Report ending December, 2013 5 E. Wholesale Customer Status 5 F. Contesting of Impact Fee 5 Ill. CAPITAL IMPROVEMENTS PLAN STATUS REPORT 6 A. Land Use Assumptions 6 B. Capital Improvements Plan 6 1. Water 6 2. Wastewater 11 W IMPACT FEE ASSESSMENT AND COLLECTION 14 A. Adopted Impact Fee Schedules and Rates 14 1. Service Equivalent Units-Water 14 2. Service Equivalent Units - Wastewater 14 3. Schedule 1 15 4. Schedule 2 15 B. Service Units Created and Impact Fees Collected to Date 15 C. Administrative Procedures 19 APPENDIX A.- Ordinance No. 20406-09-2012 LIST QFTABLES Tide Page Table 1 Water Capital Improvements Plan Project 9 for Impact Fees Table 2Wastewater Capital Improvements Plan Project for Impact Fees 13 LIST OF EXHIBITS Exhibit 1. VVabar Service Area 7 Exhibit 2. Wastewater Service Area O Exhibit 3. Water& Wastewater Assessment Fee Schedules 16 Exhibit 4. Impact Fee Collection Schedules 18 Exhibit 5. Water Service Units Generated 17 Exhibit 6. Water Impact Fees Collected 17 Exhibit 7 Wastewater Service Units Generated 18 Exhibit 8. Wastewater Impact Fees collected 18 ii Impact Fee Semi-annual Report City of Fort Worth March, 2014 i EXECUTIVE SUMMARY This aGnliannUG| report was prepared by the Fort Worth Water Department staff and adopted by the Capital Improvement Plan Citizen's Advisory Committee ("CAC"). The purpose of this report is to advise the City Council, in accordance with Chapter 395. Local Government Code, 0fthe progress ofthe Capital Improvements Plan and any inequities found inimplementing orimposing the impact fee program, This report and subsequent semiannual reports by the CAC will provide a historical record of the administration and implementation of the impact fen program of the City of Fort Worth. The state statute governing impact fees. Chapter 395 of the Local Government Code. requires that the Land Use Assumptions and the Capital Improvements Plan be updated at least every five years and that the impact fee ordinance be amended as necessary to reflect any changes. On April 17. 2012 the City Council approved the hiring of Freese and Nichols, Inc. to update the Water and Wastewater Land Use Assumptions Capital |nOp[nvenleUts Plan and the Ordinance. On September 18. 2012. the City Council approved Ordinance No 20406-09-2012 which became effective January 1. 2013. which updated VVute[ and VV@Sievva\er Land Use Assumptions and the Capital Improvements Plan and provided for collection of 50% of the maximum assessable water and wastewater impact fees per service unit. The CAC has evaluated the status of the Land Use Assumptions and the progress of the Capital Improvements Plan. The evaluation found that adequate progress \sbeing made to implement the capital improvements program for providing facilities required to meet development demands. Included in this report are tables comparing the variance in status and costs of projects as proposed in September 3012 to the current status (for informational purposes only). In addition, an analysis of impact fee cn||eCUona is included in this report for the period beginning with the effective date ofthe ordinance ofJune 11. 1g0O. through December 31. 2013, The CAC submits the following recommendation for consideration by the Fort Worth City Councii Nochanges tothe Lend Use Assumptions o[ Capital Improvements Program at this time. To its knowledge, as of March 13. 2014 the CAC finds that the impact fee is being Impact Fee Semi-annual Report CitV of Fort Worth March, 201 The committee stands ready to discuss its recommendations and this report at the City Council's convenience. Mr. Bob Madeja—/thairman Mr. Don Little— Member Mr. Les Neumann —Member Mr. Steve Sievers — Member Don E. Allen— Member Ms. Betty Mars— Member Ms. Marie B. ove— Member 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/13/2014 - Ordinance No. 21239-05-2014 DATE: Tuesday, May 13, 2014 REFERENCE NO.: G-18202 LOG NAME: 60CIP IMPACT FEE REPORT MARCH 2014 SUBJECT: Adopt Water and Wastewater Capital Improvements Plan Citizen Advisory Committee Semi-Annual Progress Report and an Ordinance Amending Chapter 35 of the City Code, Water and Sewers, Section 35- 70.13(a), to Require an Update of Land Use Assumptions and the Capital Improvements Plan Every Five Years Instead of Every Three Years (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Water and Wastewater Capital Improvements Plan Citizen Advisory Committee Semi-Annual Progress Report and the attached ordinance amending Chapter 35 of the City Code, Water and Sewers, Section 35-70.13, revising the periodic Land Use Assumptions and Capital Improvements Plan requirement from every three years to every five years. DISCUSSION: On December 5, 1989, the City Council appointed the five member Water and Wastewater Capital Improvements Plan Citizen's Advisory Committee (CAC) pursuant to Section 395.058 of the Local Government Code. The CAC was increased to seven members on May 31, 2000. The CAC assists the City in complying with the requirements of Chapter 395 of the Local Government Code related to impact fees. The CAC members are: Mr. Bob Madeja, Building Community Ms. Betty Mars, Neighborhood Community Mr. C. L. Neumann, Neighborhood Community Mr. Don Little, Development Community Mr. Don E. Allen, Real Estate Representative Mr. Steve Sievers, Extraterritorial Jurisdiction Boundaries Ms. Marie Love, Neighborhood Community The CAC is responsible for reviewing the Water and Wastewater Land Use Assumptions and Capital Improvements Plan and filing written comments and/or approval with the City Council. The CAC also has an ongoing responsibility of conducting a semi-annual review of the Water and Wastewater Capital Improvements Plan and reporting to the City Council any inequities in implementing or imposing its established impact fees. Logname: 60CIP IMPACT FEE REPORT MARCH 2014 Page I of 2 Since the adoption of the updated Capital Improvements Plan on September 18, 2012, the CAC has met mnApril 4' 2013. September 10. 2013. and March 13. 2014 to review the impact fees. At the most recent meeting, the CAC unanimously voted to adopt the Semi-Annual Progress Report and recommends collection of the Impact Fee at the current fee of 50 percent of the maximum assessable Water and Wastewater Impact Fees per service unit in accordance with the current city code. This Semi-Annual Report is reporting the impact fee collection period from July to December of 2013 based on the current effective schedule. During the six months' fime period from July 1, 2013, through December 31, 2013, the amount of monies onUaoted totaled $3.381.238.00 and were received as fo||wvvs� Retail Water Impact Fees Collected $1'283717.00 Wholesale Water |nnp@Ct Fess Collected $ 760'219�00 Retail Wastewater Impact Fees Collected $1.101.245.00 Wholesale Wastewater Impact Fees Collected $ 227.05700 The CAC does not recommend any changes to the Land Use Assumptions or Capital Improvements Plan at this time. During the March 13, 2014, meeting the CAC members discussed the Land Use Assumptions and Capital Improvements Plan update schedule. Cunent|y, the periodic update of the Land Use Assumptions and Capital Improvements Plan and the calculation of the Impact Fees are done every three years per City Code Section 35-70.13. -rhe Staff recommended tnthe CAC members that the periodic update bedone every five years. This proposed change will make the update schedule consistent with State Law and the Fort Worth Transportation Impact Fee Regulations. The CAC members unanimously approved this change. CERTIFICATION:FISCAL INFORMATION I The Financial Management Services Director certifies that this action will have no material effecton City funds. CENTERS:FUND TO Fu nd/Acco u nt/C enters FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: NovvzarOinyahon ()256) 11.1,ognanie: 60CIP IMPACT FEE REPORT MARO 12014 Page 2 of 2