(a) Updated land use assumptions.
The updated land use assumptions
contained in the plan as adopted by the city, and incorporated herein
for all purposes, are hereby adopted and approved and shall supersede
any prior land use assumptions.
(b) Updated capital improvements plan.
The updated capital
improvements plan contained in the plan as adopted by the city, and
incorporated herein for all purposes, is hereby adopted and approved
and shall supersede any prior capital improvements plan.
(Ordinance 382-96, sec. 2, adopted 2/20/96; Ordinance 662-13 adopted 3/27/13; Ordinance
693-14 adopted 10/14/14; Ordinance adopting 2017 Code)
When used in this article, these terms shall be defined as follows:
Capital impact fee.
A charge in addition to water and wastewater connection charges
made against the customer or property owner after February 20, 1996
[to] pay a proportionate share of the total cost of water and wastewater
system improvements within the city.
Capital improvements plan.
The water and wastewater impact fee study capital improvements
plan adopted by the city council, as may be amended from time to time.
Capital pro-rata fee.
A charge in addition to water and wastewater connection charges
made against the customer or property owner prior to [sic] pay a proportionate
share of the total cost of water and wastewater system improvements
within the city.
Director.
The city administrator or the administrator’s authorized
representative.
Fort Worth system facility access fees.
The system facility access fees are those impact fees imposed
upon the City of Willow Park for providing water service to new development
contained within the incorporated city limits of Willow Park and to
which service is provided either directly or indirectly by the City
of Fort Worth water system. The Fort Worth system facility access
fees for residential and other classes of customers shall be the applicable
water system impact fees set and assessed by the City of Fort Worth
pursuant to the Fort Worth wholesale water agreement made and entered
into between the City of Fort Worth and the City of Willow Park dated
March 25, 2019, as may be amended.
Land use assumptions.
The land use assumptions adopted by the city council upon
which the capital impact fees are based.
New development.
Subdivision of land; or the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement
of any structure; or any use or extension of the use of land; any
of which increases the number of service units for water supply. New
development includes the sale of water taps resulting from the conversion
of an individual well to the city’s water system. New development
also includes increasing the size of the water meter serving the property.
(Ordinance 382-96, sec. 3, adopted 2/20/96; Ordinance 844-21 adopted 12/14/21)
For the purposes of the water impact fee schedule, a fee shall
be charged per service unit which is defined as a service equivalent
to a water connection for a single-family residence. For the purposes
of the wastewater impact fee schedule, a fee shall be charged per
service unit which is defined as the wastewater service provided to
a customer with a water connection for a single-family residence.
The water and wastewater impact fees shall be charged against each
lot or tract of land and the owner thereof whose water and/or wastewater
line is connected with any water line and/or wastewater line in the
city, and such fee(s) shall be charged at the following rates:
Meter size
|
5/8"
|
3/4"
|
1"
|
1-1/2"
|
2"
|
3"
|
4"
|
6"
|
Equivalency factor
|
1.0
|
1.5
|
2.5
|
5.0
|
8.0
|
15.0
|
25.0
|
50.0
|
Water impact fee
|
$1,995
|
$2,993
|
$4,988
|
$9,975
|
$15,960
|
$29,925
|
$49,875
|
$99,750
|
Wastewater impact fee
|
$2,165
|
$3,248
|
$5,413
|
$10,825
|
$17,320
|
$32,475
|
$54,125
|
$108,250
|
(Ordinance 382-96, sec. 4, adopted 2/20/96; Ordinance 667-13 adopted 5/14/13; Ordinance
699-14 adopted 12/9/14; Ordinance adopting 2017 Code; Ordinance
844-21 adopted 12/14/21; Ordinance 866-22 adopted 9/13/22)
If a customer requests an increase in meter size to an existing service, the customer shall pay the fee difference between the new level of service and the existing level of service as set out in section
13.08.003 hereof. The additional fee shall be paid prior to installation of the enlarged meter service. A request for additional sewer connections for improved property shall not result in the assessment of an additional wastewater impact fee so long as no increase in the size of the water meter is made.
(Ordinance 382-96, sec. 5, adopted 2/20/96)
(a) The capital impact fee shall be fully paid in cash prior to the issuance
of any building permit for the development and/or when application
for water and/or sewer service is submitted to the city.
(b) All capital impact fee funds collected shall be deposited in interest-bearing
accounts clearly identifying the category of capital improvements
or facility expansions for which the impact fee was collected. Interest
earned on the impact fees deposited is considered funds of the account
on which it is earned and is subject to the same restrictions placed
on use of impact fees.
(Ordinance 382-96, sec. 6, adopted 2/20/96)
(a) The land use assumptions and capital improvements plan shall be updated
at least every three years, with the initial three-year period beginning
on the day the capital improvements plan was adopted by the city council.
(b) The review, evaluation and update of the land use assumptions and
capital improvements plan shall be done in accordance with chapter
395, Texas Local Government Code.
(Ordinance 382-96, sec. 7, adopted 2/20/96)
(a) Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by subsection
(b) of this section.
(b) All capital impact fees may be used to pay the costs of constructing
capital improvements or facility expansions identified in the capital
improvement plan, including:
(1) Construction contract price;
(2) Surveying and engineering fees;
(3) Land acquisition costs, including land purchases, court award and
costs, attorney’s fees and expert witness fees; and
(4) Fees actually paid or contracted to be paid to an independent qualified
engineer or financial consultant preparing or updating the capital
improvements plan who is not an employee of the city.
(c) All capital impact fees may be used for the payment of principal
and interest on bonds, notes or other obligations issued by or on
behalf of the city to finance the capital improvements or facility
expansions identified in the capital improvements plan.
(Ordinance 382-96, sec. 8, adopted 2/20/96; Ordinance adopting 2017 Code)
In addition to the capital impact fees, each property owner
shall:
(1) Construct or provide for the construction of all water and wastewater
lines located within, contiguous or adjacent to their property necessary
to satisfy the city’s minimum specifications and requirements
but that are not a part of the capital improvements plan for the city;
and
(2) Pay all water and wastewater connection charges in accordance with
applicable provisions of the city code and all other rules and regulations
of the city.
(Ordinance 382-96, sec. 9, adopted 2/20/96)
(a) On the request of an owner of the property on which an impact fee
has been paid, the city shall refund the impact fee if existing facilities
are available and service is denied or the city has, after collecting
the fee when service is not available within a reasonable period considering
the type of capital improvement or facility expansion to be constructed,
but in no event later than five years from the date of payment.
(b) On completion of the capital improvements or facility expansions
identified in the capital improvements plan, the city shall recalculate
the impact fee using the actual costs of the capital improvements
or facility expansion. If the impact fee calculated based on actual
cost is less than the impact fee paid, the city shall refund the difference
if the difference exceeds the impact fee paid by more than 10 percent.
(c) The city shall refund any impact fee or part of it that is not spent as authorized by section
13.08.007 within 10 years after the date of payment.
(d) Any refund shall bear interest calculated from the date of collection
to the date of refund at the statutory rate as set forth in V.T.C.A.,
Finance Code, section 302.002, or its successor statute.
(e) All refunds shall be made to the record owner of the property at
the time the refund is paid. However, if the impact fees were paid
by another political subdivision or governmental entity, payment shall
be made to the political subdivision or governmental entity.
(Ordinance 382-96, sec. 10, adopted 2/20/96)
Political subdivisions and other government entities are subject
to the impact fees imposed under this article.
(Ordinance 382-96, sec. 11, adopted 2/20/96)
(a) This article is subject to amendment by the city council pursuant
to its governmental and legislative power and upon a finding and conclusion
that the then-current land use assumptions and actual development
and construction of capital improvements or facility expansions reflect
a change in the estimates and projections used to calculate the total
projected number of service units and costs of capital improvements
and resulting capital impact fees.
(b) This payment and collection of the capital impact fees shall not
obligate the city to provide any specific capital improvement unless
approved by the city council and shall not guarantee any specific
level or quality of capital improvement or facility expansion.
(Ordinance 382-96, sec. 12, adopted 2/20/96)