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HomeMy WebLinkAboutOrdinance 16648-10-2005ORDINANCE NO I (u (~, ~~ I 0 -~~>.S AN ORDINANCE AMENDING SCHEDULE 2 TO SECTION 35 70 3(B) OF THE CODE OF THE CITY OF FORT WORTH (1986) AS AMENDED TO INCREASE THE COLLECTION RATE FOR WATER AND WASTEWATER IMPACT FEES PROVIDING THAT THIS ORDINANCE IS CUMULATIVE PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS on May 18 2004 the Fort Worth City Council approved Ordinance No 15982 amending water and wastewater land use assumptions and capital improvement plan and estabhshmg impact fee collection schedules, WHEREAS pursuant to Section 4 of Ordinance No 15982, Schedules 2 A and 2 B to Section 35 70 3(b) of the City Code provide for collection of water and wastewater impact fees at 35% of the total maximum assessable amount, WHEREAS rt is advisable to increase the collection rate for water and wastewater impact fees to 50% of the total maximum assessable amount so that new development will pay for a greater portion of the cost of water and wastewater infrastructure to serve the development; WHEREAS it is advisable to phase m the increases m the collection rate NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH SECTION 1 Schedule 2, Water and Wastewater Impact Fee Collection Schedule, attached to and incorporated by reference m Section 35 70.3(b) of the Code of the City of Fort Worth (1986) as amended, is further amended by replacing Schedules 2 A and 2 B adopted by Ordinance No 15982 with Schedules 2 A, 2 B and 2-C attached hereto The amended schedules establish the following water and wastewater impact fee collection rates based on percentage of the total maximum assessable amount, commencing January 10 2006 Effective period Water collection rate Wastewater collection rate 2 A Jan. 10 -Dec 31 2006 42 5% 35% 2 B Jan. 1 -Dec 31 2007 SO% 42 5% 2-C Jan. 1 2008 -June 6 2009 50% 50% SECTION 2 A copy of Schedule 1 to Section 35 70 3 of the City Code establishing the maximum assessable impact fee per service unit is attached. In order to calculate the impact fees that will be charged, the collection rates amended pursuant to Section 1 will be applied to the maximum assessable impact fees shown m Schedule 1 Schedule 1 which was approved by Ordinance No 15982 remains unchanged and is attached to this ordinance for convenience only SECTION 3 All provisions of Ordinance No 15982 and exhibits thereto shall remain m full force and effect, except as expressly amended. SECTION 4 This 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, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 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 2 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstrtuhonal 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 secrions of this ordinance, since the same would have been enacted by the City Council without the incorporation m the ordinance of any such unconstitutional phrase, clause, sentence paragraph or section. SECTION 6 The increase m the water collection rate to 42 5% shall take effect on January 10 2006 Subsequent increases shall take effect on January 1 2007 and January 1 2008 as set out in Section 1 above and attached schedules 2 B and 2-C APPR Effective January 10 2006 3 Adopted. ~ ~~~.~ i 1, SCHEDULEI (adopted by Ordinance No. 15982 on May 18, 2004) WATER AND WASTEWATER IMPACT FEE ASSESSMENT SCHEDULE METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE WASTEWATER IMPACT .FEE 5/8 0 67 $1,233 $528 3/4 1 00 $1,840 $788 1 1 67 $3,073 $1,316 11/2 3 33 $6,127 $2,624 2 5 33 $9,807 $4,200 3 11 67 $21,473 $9,196 4 21 00 $38,640 $16,548 6 46 67 $85,873 $36,776 8 80 00 $147,200 $63,040 10" 126 67 $233,073 $99,816 SCHEDULE 2 - A WATER AND WASTEWATER IMPACT FEE ASSESSMENT SCHEDULE (Effective January 10 2006 to December 31 2006) METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE *WASTEWATER IMPACT FEE TOTAL IMPACT FEES 5/8" 0 67 $524 $185 $709 3~a 1 00 $782 $276 $1 058 1 1 67 $1,306 $461 $1 767 1 /z 3 33 $2,604 $918 $3,522 2 5 33 $4 168 $1 470 $5 638 3 11 67 $9 126 $3,219 $12,345 4 21 00 $16 422 $5 792 $22,214 6" 46 67 $36 496 $12,872 $49,368 8" 80 00 $62,560 $22,064 $84 624 10" 126 67 $99 056 $34,936 $133,992 * Water impact fee is calculated at 42 5% & Wastewater is calculated at 35% of the total maximum assessable amount SCHEDULE 2 - B WATER AND WASTEWATER IMPACT FEE ASSESSMENT SCHEDULE (Effective January 1 2007 to December 31 2007) METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE *WASTEWATER IMPACT FEE TOTAL IMPACT FEES 5/8" 0 67 $616 $224 $841 3~a 1 00 $920 $335 $1,255 1 1 67 $1,536 $559 $2,096 1 %2 3 33 $3 064 $1 115 $4 179 2 5 33 $4,904 $1 785 $6 689 3 11 67 $10 736 $3,908 $14 645 4 21 00 $19,320 $7 033 $26,353 6" 46 67 $42,936 $15 630 $58 566 8" 80 00 $73 600 $26 792 $100,392 10" 126 67 $116,536 $42,422 $158,958 Water impact fee is calculated at 50% & Wastewater is calculated at 42 5% of the total maximum assessable amount 6 SCHEDULE 2 - C WATER AND WASTEWATER IMPACT FEE ASSESSMENT SCHEDULE (Effective January 1 2008 to June 6 2009) METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE *WASTEWATER IMPACT FEE TOTAL IMPACT FEES 5/8" 0 67 $616 $264 $880 3~a 1 00 $920 $394 $1,314 1 1 67 $1,536 $658 $2,194 1 % 3 33 $3 064 $1,312 $4,376 2 5 33 $4,904 $2,100 $7 004 3 11 67 $10 736 $4 598 $15,334 4 21 00 $19,320 $8,274 $27,594 6" 46 67 $42,936 $18,388 $61,324 8 80 00 $73 600 $31,520 $105 120 10" 126 67 $116,536 $49,908 $166 444 Water & Wastewater impact fees are calculated at 50% of the total. maximum assessable amount 7 City of Fort IMorth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 10/11/2005 Ordinance No 16648-10-2005 DATE Tuesday October 11 2005 LOG NAME 60W&WW IMPACT REFERENCE NO G 14957 SUBJECT Adoption of Ordinance Increasing the Collection Rate for Water and Wastewater Impact Fees RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 35-70 3(b) of the City Code to increase the collection rate for water and wastewater impact fees. DISCUSSION The City currently assesses water and wastewater impact fees to fund infrastructure to serve new development at 35% of the maximum assessable rate Pursuant to state law the City is permitted to collect impact fees at 50% of the maximum assessable amount without evaluating the impact of the development. The City can assess impact fees at a rate exceeding 50% of the maximum assessable amount if the City awards credit for the portion of the ad valorem tax and utility service revenues generated by the new development. The Capital Improvements Plan Advisory Committee (CAC) is aseven-member board appointed by the City Council to advise the City on impact fee issues Three of the members represent the real estate development or building industries in accordance with state law The CAC recommends increasing the. collection rate for water and wastewater impact fees from 35% to 50% over atwo-year period commencing January 10 2006 The CAC recommended phasing in the collection rate as follows. 2005 2006 2007 2008 2009 Water 35% 42.5% 50% 50% 50% Wastewater 35% 35% 42.5% 50% 50% The increase would ensure revenue stability required to maintain long-term debt commitment and provide the Water Department with flexibility to leverage both cash and debt financing options. By phasing in the increase new development would gradually bear a greater share of the cost of water and wastewater infrastructure needed to serve the development. On October 4 2005 (M&C G-14951) the City Council conducted a public hearing to solicit comments regarding the proposed increase FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the Customer Service Division of the Water Department is responsible Logname• 60WWW IMPACT Page 1 of 2 ~_ for all computations and collections of water and wastewater impact fees TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office b~ Marc Ott (8476) Originating Department Head. S Frank Crumb (8207) Additional Information Contact: S Frank Crumb (8207) Logname 60WWW IMPACT Page 2 of 2