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Home My WebLink AboutOrdinance 9828ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 "WEIGHTS AND MEASURES°' , OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, DESIGNATED THE OFFICE OF THE SUPERVISOR OF WEIGHTS AND MEASURES AS PART OF THE DEPARTMENT OF HOUSING AND HUMAN SERVICES'S OFFICE OF CONSUMER AFFAIRS; PROVIDING FOR ANNUAL REGISTRATION OF WEIGHING AND MEASURING DEVICES AND PROVIDING A PENALTY FOR FAILURE TO REGISTER DEVICES; ESTABLISHING A REGISTRATION FEE FOR WEIGHING AND MEASURING DEVICES; PROVIDING THAT THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND CODE PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS SECTION 1. That Section 36-2 of Chapter 36 of the Code of the City of Fort Worth be amended to read as follows:, "Sec. 36-2. Supervisor - Appointment; control and supervision. There is hereby created the office of supervisor of weights and measures, which officer shall be appointed by the director of the department of housing and human ser- vices and shall be a part of that department's office of consumer affairs. The supervisor of weights and measures shall hold the position of local sealer and shall have all the powers and duties of that office which are prescribed in the Texas Agriculture Code, and in this code, subject to the approval of the City Manager. Such officer shall be under the control and supervision of the director of the department of housing and human services." SECT ION 2 . ~~~~ Tha'~ Sections 36-4 through 36-9 of Chapter 36 of the Code of the City of Fort Worth be redesignated as Sections 36-6 through 36-11, respectively, without, however, changing the content of said sections. SECT ION 3. That a new Section 36-4 be added to Chapter 36 of the Code of the City of Fort Worth be added, said section to read as follows: "Sec. 36-4. Devices; registration required. All weighing and measuring devices which are required to be inspected and sealed by the City pursuant to the Texas Agriculture Code or by provisions of this Code, or which are inspected and sealed at the request of the owner or operator of the device are required to be registered at the City's office of consumer affairs." SECT ION 4 . That a new Section 36-5 be added to Chapter 36 of the Code of the City of Fort Worth, said section to read as follows: "Sec. 36-5. Same; Fee. An annual registration fee of Ten Dollars ($10.00) will be assessed for each device registered and inspected for certification." SECTION 5. That a new Section 36-12 be added to Chapter 36 of the Code of the City of Fort Worth, to read as follows: "Sec. 36-12. Violation and penalty. It shall be unlawful for any person to fail to regis- ter at the office of consumer affairs any weighing and measuring device which is required by the Texas Agri- culture Code to be inspected. Any violation of the pro- visions of this Code shall be punishable as prescribed in Chapter 1, Section 1-6 of this Code." SECTION 6. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct -2- conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECT ION 7 . 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional 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 8 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of provisions of Chapter 36 or any other ordinances affecting weighing and measuring devices which have accrued at the time of the effec- tive date of this ordinance; and, as to such accrued violations and -3- a 1 ~ 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. SECT ION 10 . The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section 8, 11 and 12 in the minutes of the City Council and by n filing the ordinance in the ordinance records of the City. SECT ION 1 1 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 8, 11 and 12 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECT ION 1 2. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Da t e : ~' , ~ ~ -~ ADOPTED : ~ ~,/ EFFECTIVE: ord4 -4- MASTER-f:tCE Z' _ _... _ +.. `~/Z~i.~ ~~ 11 u.l'~~ ~®~~~~ ~~./V'E.Yi~ ACCaVNTtN9 2 •J' ///-~- /~// --- TRANS~f'pR7"ATlON1PllG' / q~~(,~% ®~ ~~~ 1l .®~f /! ~/~7) // ~,/~~YN11 ~~ !/ ~~,~t,/Y/ ~~®~ k41ER AOMINlS7RATiuN d ~/ ~L/ u~w w Ib~IV ~L.~((,J'/J Q ((i ((,rtL 1(~(~ DATE REFERENCE SUBJECT PAGE PANHS AN RECREAl10~ NUMBER 2/10/~~ G-6952 ADJUSTMENT OF USER FEES loft HEALTH DE' ^T" . r HOUSING F. COML.".UNITY DEV 2 ,_ r+ousiHC ~: (~~~±OrlIP~,E ND~~'d ON ~a It is recommended that the City Council• 1.. approve the attached ordinances amending Chapter 16, Section 16-112 of the Code of the C;ty of Fort Worth, Texas, increasing handler cards by the Public Health Department; "~ Adopted Ordonance No..~~ 2. adopt the attached ordinance amending Chapter 36 of the Code of the C~it~ of Fort Worth, Texas, establishing a fee for registration o~ certain weigTiing and measuring devices within the City, and Adopted Ordnance ~o. ~~.~ 3. adopt the attached ordinance amending Chapter 34 of the Code of the C;ty of Fort 6Jorth, Texas, establishing a registration fee for taxi ac bs and A pied rrlsn~ ~ Roy~~ 4. approving the adjustment of certain Park a~~ R~crea~o-~ -~-ee-s~. administrat ively. DISCUSSION During the budget study sessions with the City Council, City staff recommended adjustments to certain current fee structures and the imposition of fees in same areas where none are now charged. The net effect of these increases is projected t o be $49,10.0 f orrfiscal year 1986-87. As a basis for these fee adjustments, City staff referred to the recently completed update of the City-wide user fee analysis that was conducted by David P1. Griffith and Associates, Ltd. This study determines the cost recovery rati o in various fee areas. After consultation with affected departments regarding these proposed fee adjustments, the fee areas below were brought to the Council fob discussion. Health Fees The City currently charges $4 for the issuance ~of the food handler card. The staff recommends increasing this fee t o $8. This action will require amendment of Section 16-112 of the City Code. Housing and Human Services (Consumer Affairs Division): Currently no fee is assessed by the City to businesses who use weighing and/or measuring devices to offset the cost of i~nspecti on of these devices by the Consumer Affairs Division.--~:Lt is recommended that a $10 per year per device as a registration fee f or these devices. The same fee will be charged f or registering taxicabs, to offset the cost of inspection of taxi meters. DATE REFERENCE NUMBER SUBJECT ppGE p 2/10/87 ADJUSTMENT OF USER FEES 2 2 G-6952 _of_ Park and Recreation Department. Various fee adjustments are recommended f or program areas within the Park and Recreation t o be accomplished administratively: 1. Initiate a fee of $6 per three-quarter hour usage of covered courts and $.50 per one-half hour for practice courts at P4cLeland Tennis Center. Increase the' current tournament fee from $10 to $15. Discontinue issuance of annual permits other than to those families and individuals who now have them. 2. Initiate a fee for individual, private piano lessons at recreation centers at $20 per hour for adults and $15 per hour for juniors, 3. Restructure the fees for softball, raising the fee for each team in the fast pitch twelve-game league from $325 t o $360 and assessing fees for slow-pitch leagues according to the number of games played rather than the season played CURRENT PROPOSED Spring (12 games) $290 Fall (8 games) $175 10 games $300 DAI/sfggq APPROVED B~ CITY COUNCIL ~~ ~~ ~~ ~ ~~ Ci~p. Secretary of the. City of Fors W,orthi Twt~ SUBMITTED FOR T CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OfFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Charles BOSWeII Recommendation No. 4 CITY SECRETARY FOR ADDITIONAL INFORMATION approved On 2~10~87 CONTACT S, Bulla 8513 DATE