This article is adopted pursuant to the provisions of Chapter 395, Texas Local Government Code, as well as under the authority of Article 11, Section 5 of the Texas Constitution. This article implements a policy of the city to impose fees upon each new development project to pay the costs of constructing capital improvements and facility expansions necessary to serve new development.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
The capital improvements advisory committee will consist of the city planning and zoning commission. If the commission does not include at least one representative of the real estate, development or building industry who is not an employee or official of a political subdivision or governmental entity, the city council must appoint at least one such representative as an ad hoc voting member of the committee.
(b) 
The capital improvements advisory committee serves in an advisory capacity and is established to:
(1) 
Advise and assist the adoption of land use assumptions;
(2) 
Review the capital improvements plan and file written comments;
(3) 
Monitor and evaluate implementation of the capital improvements plan;
(4) 
File semi-annual reports with respect to the progress of the capital improvements plan and report to the city council any perceived inequities in implementing the plan or imposing the impact fee; and
(5) 
Advise the city staff and council of the need to update or revise the land use assumptions, capital improvements plan and impact fee.
(c) 
All professional reports concerning the development and implementation of the capital improvements plan must be made available to the committee.
(d) 
The capital improvements advisory committee must elect a chairperson to preside over its meetings and a vice-chairperson to serve in their absence. All meetings of the committee must be open to the public and posted at least 72 hours in advance.[1] Robert's Rules will, insofar as applicable, govern the conduct of the committee's business. A majority of the membership of the committee will constitute a quorum.
[1]
Editor's note–HB 1522, 89th Legislative Session, amended posting requirements from 72 hours to three business days before scheduled meeting.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
The land use assumptions and capital improvements plan upon which impact fees are based must be updated at least every five years, beginning March 7, 2015. Alternatively, the city council may, pursuant to the provisions of Section 395.0575 of the Local Government Code, make a determination that an update is not required.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
The 2010 land use assumptions, capital improvements plan and impact fees proposed by staff and on file in the office of the city secretary along with the tables referred to herein are hereby adopted.
(b) 
A building permit will not be granted to new construction of any property, nor will any original water or sewer service connection be made unless or service commenced unless and until impact fees required by this article are assessed and collected or a contract providing for payment as approved by the city entered into.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Assessment of the impact fee per service unit will occur as set forth in section 110-357 (Collection of impact fees).
(b) 
Additional impact fees or increases in fees will not be assessed unless the number of service units to be developed on the tract increases. Should the service units be increased, impact fees will be increased in an amount equal to the current impact fee per service unit multiplied by the difference in number of service units.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
At the time building permits are requested (or, if property is to be connected to mains without such permits, at the time connection to mains is requested), the number of service units will be determined from the number of residential meters using, if necessary, the meter equivalency tables in Appendix A (Fee schedule) in the Code of Ordinances.
(b) 
The amount of the impact fee due will be determined by multiplying the number of service units times the amounts of the impact fees together with the applicable Fort Worth access fee for water and wastewater contained in Appendix A (Fee schedule) in the Code of Ordinances.
(c) 
The impact fee due must be collected at the time a building permit is issued or, if connection is to occur without a permit, prior to connection to the city main.
(d) 
The determination of impact fees will be reduced by any allowable credits for the category of capital improvements as provided by section 110-358 (Credits).
(e) 
The owner of property for which there is a recorded plat may enter into a written agreement with the city providing for the time and method of payment of impact fees, which agreement will prevail over any contrary provision of this article.
(f) 
Impact fees may be assessed, but not collected, for property where service is not available unless:
(1) 
The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in a reasonable time not exceeding five years;
(2) 
The city agrees in writing to permit the owner of the property to construct or finance the required capital improvement or facility expansion and agrees that the costs incurred or funds advanced will either:
a. 
Be credited against the impact fees otherwise due from the new development;
b. 
Reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions in which case fees may be reimbursed to the owner at the time collected; or
c. 
The owner voluntarily requests that the city reserve capacity to serve future development and the city, and the owner enter into a valid written agreement.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Any construction of, contributions to, or dedications of any facility appearing on the capital improvements plan which is required to be constructed by the owner as a condition of development will be credited against the impact fees otherwise due for the same category of impact fees otherwise due from the development.
(b) 
The amount of each credit for required construction of a facility on the capital improvements plan will be calculated by multiplying 50 percent by the number indicated in the column titled "10-Year (2009-2019)" of Table 3-3 of Exhibit B for water infrastructure projects and the column titled "10-Year (2009-2019)" of Table 3-4 of Exhibit B for wastewater infrastructure projects.
(c) 
As an alternative to the foregoing, the city and the owner may enter into an agreement providing that in addition to the credit, the owner will be reimbursed for all or a portion of the costs of such facilities from pro rata charges collected from others who connect to such facilities and from impact fees as received from other new developments that will use such capital improvements or facility expansions. Pro rata charges paid will be credited against impact fees in the same manner as expenditures for facilities constructed as set forth in subsection (b) hereinabove above.
(d) 
The owner is entitled to a credit against any category of impact fee as provided in any written agreement between the city and the owner.
(e) 
Credit for construction of any facility must not exceed the total amount of impact fees due from the development for the same category of improvements.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
All impact fees collected must be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted.
(b) 
Interest earned must be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest.
(c) 
Impact fees and the interest earned thereon may be spent only for the purposes for which such fee was imposed as shown in the capital improvements plan.
(d) 
The records of the accounts into which impact fees are deposited must be open for public inspection and copying during ordinary business hours.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
On the request of an owner of the property on which an impact fee has been paid, impact fees must be refunded if existing facilities are available and service is denied or if the city failed to commence construction of facilities required for service within two years of payment of the fee or if such construction is not completed within a reasonable time, but not in any event in more than five years from the date of payment of the fee.
(b) 
Any impact fee funds not expended within ten years after payment must be refunded.
(c) 
Refunds must bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Section 302.002, Texas Finance Code.
(d) 
All refunds must 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 must be made to the political subdivision or governmental entity.
(e) 
The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Each year the city imposes an impact fee it must submit a written certification verifying compliance with this chapter to the attorney general each year not later than the last day of the city's fiscal year.
(b) 
The certification must be signed by the mayor of the city and include a statement that reads substantially similar to the following: This statement certifies compliance with the Texas Local Government Code chapter 395.
(c) 
In the event the city fails to submit a certification as required by this section, it is liable to the state for a civil penalty in an amount equal to ten percent of the amount of the impact fees erroneously charged. The attorney general may collect the civil penalty and deposit the amount collected to the credit of the housing trust fund.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)