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HomeMy WebLinkAboutOrdinance 17384-01-2007Ordinance Na. 17384-01-2007 AN ORDINANCE INCREASING ESTIMATED RECEEPTS IN THE Gi=NERAL FUNp [N THE AMOUNT OF $276,785 FOR THE }'URPOSE OF FUNDING THE ESTABLISHMENT OF FEES RELAT>MD TO THE ENFORCEMENT OF THE TREE PRESERVATION OR©INANCE; PROVIDING FOR A SEVERABILITY CLAUSi=; MAKING TINS ORDINANCE CUMULATIVE OF PRIOR ORDINANCI=S !N CONFLICT HEREWITH; AN^ PROVIDING AN EFFECTIVE DATE. BE kT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That in addition to those amounts allocated fa the various City departments far Fiscal Year 2006-2007 in the Budget of the Gity Manager, there shall also be increased estimated receipts in the General Fund in the amount of $270,785 for the purpose of funding the establishment of fees related to the enforcement of the Tree Preservation Ordinance. SECTION 2. That should any portion, section ar part at a section of this ordinance be declared invalid, inoperative ar void far any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 8. That this ordinance shall be cumulative of Ordinance Na. 17142 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. AP .ROVED AS TO FORM AND LI=GALITY: ~(/ Assistant Ci y Attorney ADOPTE© AND EFFECTIVE: January 3fl, 2007 City ~f Fob ~/®~°th, T'ex~s r r1 L~111~ l COUNCIL ACT{®N: Approved on 1/30/2007 -Ordinance No. '[7384-01-2007 & 173$5-01-2007 DATE: Tuesday, January 30, 2007 LOG NAME: 80TREEF'EES REif=ERENCE NO.: ~~G-15601 SUBJECT: Authorize the Establishment of Fees Related to Enforcement of the Tree Preservation Ordinance and Adopt Appropriation Ordinances R1=C®MMI=NDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve the establishmen# of an application fee of $45 per acre and appeals waiver fee of $295 far enforcement of the tree preservation ordinance; 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts in the General Fund from available funds by $276,785; and 3. Adopt the attached supplemental appropriation nrdinance increasing estimated receipts in the Tree Fund by $44,000. DISCUSSION: On October 3, 2006, City Council approved a text amendment (ZC-06-183) to the City afi Port Worth Comprehensive Zoning Ordinance adding additional regulations to include protection and preservation of trees. The ordinance becomes effective January 30, 2007. The attached schedule assigns fees for administration of the ordinance by staff from the Parks and Community Services Department (FAGS). Included in the ordinance were fees for permitted tree removal as well as penalties far illegal tree removal. The ordinance specifies these funds be deposited in a special tree fund account to support tree planting on public property. There will be a limited number of instances where developers will need to remove trees within the required tree preservation zone. Based nn the number of requests received under the interim ordinance, staff anticipates collecting $42,000 for tree removal permits and estimated interest income of $2,000. Yau are being asked to appropriate these funds today. The application fee of $45 per acre will cover staff time to review urban forestry plans for compliance. This fee was identified in the FY 2006-07 approved budget for PALS. Based an current projections, PALS expects to review urban forestry plans totaling 6,000 acres annually. At $45/acre this will generate $270,000 in application fees. In addition a fee to process appeals and request for waivers to the Tree Board is also recommended for approval. This fee of $295 covers the cast to notify affected property owners within a 300 feet radius of the subject property of the hearing date for the proposed appeal or request for waiver. It also covers the cost of advertisement of .the hearing in the local paper. Staff estimates that approximately 5 percent of the applications received will request either an appea[ or waiver resulting in the collection of additional fees totaling $6,785 annually. The process will be administered by the Development Department. Lognarxae: BQTREEFEES Page 1 0~2 FISCAL iNFORMATIONICERTIFICATION: The Finance Director certifies that upon approval of the above recammendations and adopfiion of the appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund and of the Tree Fund. TO FundlAccountlCenters FROM Fut~dlAccour~tlCenters GG01 462804 0808015 270 000.00 GG01 462814 0065000 6 785.00 0183 462824 080183080001 $42.000.00 0183 441012 080183080002 $2 00.00 Submitted for City Manager"s Office by: Libby Watson (6'l83) Originating Dex~artment Heart: Melody Mitchell (Acting) (57~ 1) Additiar~at information Contact: Harold Pitchford (Acting) (5728) Lagnanze: 80TREEFEES Page 2 of 2