Loading...
HomeMy WebLinkAboutOrdinance 16844-03-2006ordinance No. 16844-03-2006 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 25 "PLANNING", ARTICLE T "IN GENERAL", BY AMENDING SECTION 25.1 "APPLICATION FEES CHARGED BY ZONTNG BOARD OF ADJUSTMENT, PLAN COMMISSION AND ZONING COMMISSION" TO ADD FEES FOR APPEALS FROM THE HISTORIC AND CULTURAL LANDMARKS COMMISSION AND DOWNTOWN DESTGN REVIEW BOARD; PROVIDING THAT THTS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current procedure for property owners desiring to appeal a decision of the Historic and Cultural Landmarks Commission and Downtown Design Review Board is to appeal to the City Council of Fort Worth; anal WI1[EREAS, the City Council of Fort Worth requested that city staff make a recommendation to provide alternatives as to where the appeal would be heard; and WHEREAS, staff recommended that the Appeals Baard for the Building Standards Commission hear any appeals from decisions of the Historic and Cultural Landmarks Commission and Downtown Design Review Board; WHERAS, the City Council accepted the recommendation of staff and requested all appropriate ordinances be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWSo SECTION 1. Chapter 25, Article f, of the Code of the City of Fart Worth, Texas (1986), is amended by amending Section 25.1. "Application fees charged zoning board of adjustment, plan commission and zoning commission" as set forth below, so that: hereafter Section 25.1 shall read as follows: Section 25.1 Application fees charged by Zoning Board of Adjustment, Plan Commission, Zoning Commission, Historic and Cultural Landmarks Commission and Downtown Design Review Board. {a} Far services rendered, the following schedule of fees and charges is hereby adopted: (13} Historic and Cultural Landmarks Commission...295.00 for appeal hearing before Appeals Board (14) Downtown Design Review Board...295.00 for appeal hearing before Appeals Board 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of such ordinances and such Cade, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTIDI®l 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 ar 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 ($504.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Section 1 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 ar not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTI®N 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 FORM AND LEGALLTY t By: ~ ~ ~ Assistant y Attorney ADOPTED: March 7 200b EFFECTIVE: V ~ Gib ®~ ~'®r~ VV'®,rt~"a, ~"exa.~ Mayor and Council Communication COUNCIL ACTION; Approved an 3/7/2006 -Ordinance No. 16$44-03-2006 ©ATEa Tuesday, March 07, 2806 L0C3 NAME: 22FEES REFERENCE NO.. C-'[5108 SUBJECT: Adopt Ordinance Amending City Cnde Chapter 25 to Add a Fee for Appeals of Decisions by the Historic and Cultural Landmarks Commission and the Downtown Design Review Board RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 25 of the Code of the City of Fort Worth (1986}, as amended, by adding a fee for appeals of decisions by the Historic and Cultural Landmarks Commission and the Downtown Design Review Board, in order to recover administrative cnsts associated with the processing of those appeals. DISCUSSION; In February 2005, the City Council revised the appeals process for the Historic and Cultural Landmarks Commission and the DowntaWn Design Review Board so as to provide for the hearing of appeals by the Appeals Baard of the Building Standards Commission. In connection with that procedural change, the Council has also expressed concurrence with City Staffs recommendation for the establishment of an appeal application fee in the amount of $295. The proposed fee would cover the direct costs incurred in providing the services associated with the appeal process. These costs include: publishing a notice of the appeal, mailing a notice of the appeal to property owners within 300 feet of the affected property, and reproducing necessary documents for the Appeals Baard. FISCAL INFORMATIONICERTIFICATION; The Finance Director certifies that the I~lanning Department will be responsible for the collection of revenues due to the City. TO 1=~ndlAccountlCentews FROM FundlAccourttlCenters GG01 481306 02210D© 0.00 Submitted for Ci Mana er"s Office b Libby Watson (5199) OripinatingDe~aartment Head; Fernando Costa {8042} Additional Infarrnatian Contact: Julie Lawless (8012) Lognazne: 22FEES Page 1 of 1