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Home My WebLink AboutOrdinance 19597-03-2011ORDINANCE NO. 19597-03-2011 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 18, "LAKE WORTH" ARTICLE I, "IN GENERAL", SECTION 18-4, "LAKE WORTH USE FEES" TO NOW BE "BOAT RAMP USE FEES"; SECTION 18-5 "LAKE USE FEE PERMIT" TO BE REPEALED AND RESERVED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $500.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council shall establishes fees for the use of Lake Worth in Section 18-4 of the City Code; WHEREAS, pursuant to the Texas Parks and Wildlife Code, Section 31.092, such fees must be related to the use of a public facility provided by the City; WHEREAS, the City provides boat ramps for the use of Lake Worth; and WHEREAS, an amendment to the fee name and structure for the Lake Worth use fee is deemed necessary. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: Section 1. Part II, Chapter 18 "Lake Worth", Article I, "In General", Section18-4, "Lake Worth Use Fee" of the Code of the City of Fort Worth (1986), as amended shall further be amended to read as follows: Section 18-4 Boat Ramp Use Fee. (a) It shall be unlawful to use the boat ramps at Arrow S and Casino Beach Parks without a valid boat ramp use sticker affixed to the trailer of the boat, as directed by the City. A person shall pay the required fee to acquire a boat ramp use sticker from the City or the City's designee. The boat ramp use fee(s) shall be as follows: '.Non-residents of the City of Fort Worth :$20.00 Residents of the City of Fort Worth .$15.00 Water Craft Dealer :$90.00 Weekly Boat Ramp Use Fee ~ ~ $5.00 (b) The boat ramp use fee for residents and non-residents shall be valid from the date of issuance until December 31 of the same year. (c) The weekly boat ramp use fee shall be valid for seven (7) days from the date of purchase and expire on the date shown on the sticker. (d) An offense under this Section 18-4 shall be punishable by a fine of up to five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate offense. Section 2. Part II, Chapter 18 "Lake Worth", Article I, "In General", Section 18-5, "Lake Worth Use Fee Permit" of the Code of the City of Fort Worth (1986), as amended shall repealed in its entirety and Section 18-5 shall be reserved. Section 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provision of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 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, Boat Ramp Use Fee Ordinance CRR 31011 2 OF 4 and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional 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. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 6. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of the ordinance amended, which have accrued at the time of the effective date of this ordinance and 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. Boat Ramp Use Fee Ordinance CRR 31011 3 OF 4 Section 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 5 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV, of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. Section 8. This ordinance will take effect upon adoption by the City Council of Fort Worth. APPROVED AS TO FORM AND LEGALITY: Y Christa .Reynolds Sr. Assistant City Attorney ADOPTED: March 22. 2011 Boat Ramp Use Fee Ordinance CRR 31011 4 OF 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/2212011 -Ord. No. 19597-03-2011 . ~.. „ ~~ DATE: Tuesday, March 22, 2011 REFERENCE NO.: G-17200(Revised) LOG NAME: 60LW USE FEES-REVISED SUBJECT: Adopt Ordinance Amending Section 18-4, Lake Worth Use Fees of Chapter 18, Lake Worth of the City Code to Provide for the Collection of Boat Ramp Use Fees and Authorize the City Manager to Execute Agreements to Outsource the Collection of the Fees (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt Ordinance Amending Section 18-4, Lake Worth Use Fees of Chapter 18, Lake Worth of the City Code to provide for the collection of boat ramp use fees; and 2. Authorize the City Manager to execute agreements with outside businesses and entities for the selling of boat ramp use fee stickers and tags required under this ordinance. DISCUSSION: Currently, Lake Worth Use Fees are collected from boat owners and operators by the City's Water Department staff at the Lake Worth Management Office. The current fees are multi-tiered based on size of boats that use the lake. The fees are used to support the Lake Patrol and administrative services and the installation, maintenance and operation of boat ramps and marker buoys at Lake Worth. Under the existing ordinance, fess vary from $7.00 to 31.00. In the spring of 2010, the Water Department staff conducted a rate fee study in order to revise the current fees. Based on the study, the Water Department recommends abandoning the current fee structure and implementing a boat ramp use fee at the City owned facilities at Arrow S and Casino Beach Parks. The proposed boat ramp use fee would provide an annual use sticker as well as a weekly use tag. Non-Fort Worth residents would pay $20.00 per year, Fort Worth residents would pay $15.00 per year for an annual use sticker. A weekly use tag would cost $5.00 for both residents and non-residents. Per the study, the proposed fee is in line with similar fees currently being charged at other North Texas lakes. The last fee increase was in August 1992. The following charts demonstrate the current and proposed new fees: CURRENT LAKE USE FEES Resident Non-Resident Temporary 1. Non-motor less than 16 feet None None None 2. Motor boat less than 16 feet $10.00 $7.00 $5.00 3. Boats 16 to 26 feet $12.00 $17.00 $8.50 Logname: 60LW USE FEES-REVISED Page I of 2 4. Boats 26 to 40 feet $17.00 $24.00 $12.00 5. Boats more than 40 feet $22.00 $31.00 $15.50 6. Watercraft Dealer $75.00 $75.00 None PROPOSED BOAT RAMP USE FEES Non-residents Residents Water Craft Dealer Temporary $ 20.00 $ 15.00 $ 90.00 $ 5.00/week The Water Department also recommends outsourcing the collection of the fees to private businesses and entities in the Lake Worth area. Outsourcing this function would reduce staff at the Lake Worth Office and improve customer service by adding locations and extending the hours of sale. As compensation for the sale of the boat stickers, one dollar of the fee for each sticker would be retained by the business or entity who contracts with the City for providing this service. To date, Navajo Burgers on Navajo Trail and Casino Beach Marton Jacksboro Highway have agreed to sell the boat stickers. The standard contract will require the maintenance of a log demonstrating sticker sales and detailed information about the purchaser and the date and time of sale. The property is located in COUNCIL DISTRICT 7, Mapsco 58R. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Water Department is responsible for the collection and deposit of funds due the City. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b~ Originating_ Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) S. Frank Crumb (8207) Paul Bounds (8567) Logname: 60LW USE FEES-REVISED Page 2 of 2