HomeMy WebLinkAboutOrdinance 9447
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE N0. 8895, REGULATIONS AND
RATES GOVERNING INDUSTRIAL WASTEWATERS, BY AMENDING SEC-
TION V; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE
DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
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TEXAS:
SECTION 1.
That Ordinance No. 8895, Regulations and Rates Governing
Industrial Wastewaters, Section V, be and is hereby amended and,
after having been so amended, shall hereafter read and be as fol-
lows:
"Section V
"Any person, firm or corporation who violates, dis-
obeys, 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 One Thousand
Dollars ($1,000.00) for each offense, and each violation
hereof, and each day on which there is a failure to comply
with the terms of this ordinance, shall be and is hereby
declared to be a distinct and separate offense and punish-
able as such."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 3.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 8895, or any other ordinances affecting industrial
wastewaters, which have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
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not, under such ordinances, same shall not be affected by this ordi-
nance but may be prosecuted until final disposition by the courts.
SECTION 4.
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 5.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1 and 7 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1 and 7 of this ordi-
nance 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.
SECTION 7. '
This ordinance shall be in f ull 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
Date:
ADOPTED: ~~
EFFECTIVE:
-2-
~it~ of F-~rt~ worth, ~e.~as
mayor and ~oun,cil Cor-~a„rn.unicatio~a,
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DATE REFERENCE
NUMBER SUBJECT Amendment to Industrial Waste PAGE
8/6/85
**G-6398 Ordinance No. 8895 1
)of
Recommendation
It is recommended that the City Council adopt the attached ordinance amendment
to Ordinance No. 8895, Regulations and Rates Governing Industrial Wastewater
which authorizes an increase in fines for an ordinance violation from $200.00
per day to $1,000 00 per day maximum.
Discussion
The City Council approved a revised Industrial Waste Ordinance on August 16,
1983 (M&C No. C-7034). At that time, the maximum municipal court fine allowed
by State law was $200.00 per day for an ordinance violation. Shortly after
approval of the subject ordinance, the State law was amended to allow for
fines not to exceed $1,000.00 per day in all cases arising under ordinances of
a city that govern fire safety, zoning, and public health and sanitation.
In order to effectively implement an industrial wastewater pretreatment pro-
gram, additional incentives are needed to assure compliance with the Industrial
Waste Ordinance requirements. An increased fine for violators would provide
such an incentive.
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SUBMITTED FOR TH
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED BY
nFFICE BY O APPROVED
ORIGINATING
DEPARTMENT HEAD• Ri Chard SaWey Q OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDIf10NAL INFORMAdID112S Scanlan Ext 8220
CONTACT ~J ~ ~~ 7
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DATE