HomeMy WebLinkAboutOrdinance 17718-08-2007ORDINANCE NO. 17718-08-2007
AN ORDINANCE AMENDING ARTICLE XII, "FEE
SCHEDULES" OF CI3APTER 2, "ADMINISTRATION" OF THE
CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,
TO ADD A NEW SUBSECTION ESTABLISHING PERMIT FEES
FOR NEWSRACKS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Chapter 2, "Administration" of the Code of the City of Fort Worth, Texas
(1986), as amended, is hereby amended to add a new subsection (15) to Article XII, "Fee
Schedules" to establish permits fees for newsracks to read as follows:
CHAPTER 2
ARTICLE XII. FEE SCHEDULES
Division 1. Zoning and Platting Application Fees
(15) Newsrack Permit Fees: $20.00 application fee per applicant plus $5.00
per newsrack.
All other provisions of Article XII, Division I shall remain in full force and effect.
SECTION 2.
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 provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
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
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 4.
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 exists shall constitute a separate offense.
SECTION S.
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. 3011, Ordinance No. 13896 or
any other ordinances affecting zoning 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 not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTI®N 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FO AND LEGALITY
sy: G~- .Q..-~~~..
ssistant Ci Att ey
ADOPTED: August 21, 2007
C
EFFECTIVE _~-~~_i~ - yy
3
Cif of Fort IdVorth, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 8/21/2007 -Ord. No. 17718-08-2007
DATE: Tuesday, August 21, 2007
LOG NAME: 06FEESNEWSRACK
REFERENCE NO.: **G-15833
SUBJECT:
Adoption of Ordinance Amending Article XII, "Fee Schedules" of Chapter 2, "Administration" of the
City Code to Establish Permit Fees for Newsracks in the Downtown Area
,_ - ._
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Article VII, "Fee
Schedules" of Chapter 2, "Administration" to establish permit fees for newsracks in the downtown area.
DISCUSSION:
On May 1, 2007, (M&C G-15677) the City Council approved an ordinance that established regulations for
newsracks in the downtown area. This followed a partnership with Downtown Fort Worth, Inc., to study the
location, design, and number of newsracks in the downtown area. In addition, a committee of
representatives from several downtown Fort Worth businesses led by Council Member Davis, developed
the regulations. The goal of the program is to control the proliferation of newsracks to avoid visual clutter
and assure the safe, convenient circulation and unobstructed flow of pedestrian traffic on City sidewalks.
The new regulations and permitting process are scheduled to begin on September 1, 2007.
At the time that the original ordinance was adopted, staff had not determined the appropriate fee and
committed to return this detail for City Council consideration. The attached proposed amendment sets the
fee for newsrack permits at $20.00 per applicant plus $5.00 per newsrack. There is a wide range of fees in
other cities that have adopted similar regulations. This nominal fee is proposed for Fort Worth in order to
encourage compliance by publishers of all sizes and to allow staff to evaluate the true cost of the service.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Planning and Development Department will be responsible for the
collection and deposit of this revenue.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 4XXX)CX 0061000 4 365.00
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Sarah Fullenwider (7619)
Susan Alanis (8180)
Logname: 06FEESNEWSRACK Page 1 of 1