Texas Local Government Code (TLGC) Chapter 395 governs the imposition of impact fees and requires that the City update its land use assumptions, capital improvements plan and maximum assessable impact fees at least every five years. The City Council established transportation impact fees on April 29, 2008 by Ordinance No. 18083-05-2008 (M&C G-16122). The 2008 land use assumptions, capital improvements plan, maximum assessable fees and collection rates were amended on February 5, 2013 by ordinance 20605-02-2013 (M&C G-17799). This is the second update to the City's transportation impact fees. The City contracted with Kimley-Horn and Associates, Inc. to prepare the 2017 Transportation Impact Fee Study (2017 Study), to update the land use assumptions, capital improvements plan and determination of the maximum assessable fees (City Secretary Contract No. 48543, M&C P-11980). The 2017 Study has been available for public inspection since November 30, 2017 in the City Secretary's Office and is also available on the City's Transportation Impact Fee website (www.fortworthtexas.gov/impactfees/transportation). The Capital Improvements Advisory Committee for Transportation Impact Fees (CIAC) reviewed the 2017 Study and endorsed it on November 17, 2017. On December 5, 2017, the City Council approved Resolution No. 4871-12-2017 calling for a public hearing to consider the updated land use assumptions, capital improvements plan and maximum assessable fees. Notice of the public hearing was published in the Fort Worth Star-Telegram, Denton Record-Chronicle, Weatherford Democrat, and Wise County Messenger on December 6, 2017 in accordance with TLGC. On January 9, 2018, the City Council conducted a public hearing at its regularly scheduled City Council meeting to receive comments from the public on the proposed amendments. The TLGC requires that the City Council act on the amendments within the 30 days after the date of the public hearing. The 2017 land use assumptions update includes amending the service area boundaries and growth projections for each service area over a 10-year horizon. They also include a new service area for Panther Island, as well as the conversion of the previously no-fee service area V to an active fee service area. The capital improvements plan update includes amending the list of impact fee-eligible projects and costs for the same time period based on the amended land use assumptions for each service area, including the new fee service areas. The determination of the maximum assessable fees is based on the amended land use assumptions and capital improvements plan. Additionally, Staff has prepared five collection rate options for the Council's consideration, as presented to City Council during the January 9 City Council Work Session and attached to this M&C.
Staff recommends Option C which increases the current collection rate fees by 25 percent to account for construction cost inflation for both residential and non-residential uses on a smoothed basis across all service areas, as shown on the corresponding Attachment B – Schedule 2. On November 17, 2017, the CIAC unanimously recommended that City Council adopt Option C. This M&C does not request approval of a contract with a business entity. |
