HomeMy WebLinkAboutOrdinance 20718-04-2013 ORDINANCE NO. 20718-04-2013
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH, TEXAS (1986), CHAPTER 24, "PARKS AND
COMMUNITY SERVICES," ARTICLE I, "IN GENERAL,"
SECTION 24-17, "ALCOHOLIC BEVERAGES-PROHBITED IN
BALL FIELDS," TO ALLOW THE SALE, POSSESSION, OR
CONSUMPTION OF ALCOHOLIC BEVERAGES FOR A CITY
FACILITY PREVIEW AND FUNDRAISER EVENT AT FOREST
PARK SWIMMING POOL ON THURSDAY, MAY 23, 2013;
MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 24, 2003, the City Council adopted Ordinance No. 15599,
amending the Code of the City of Fort Worth, Texas (1986), to add Section 24-17 to Chapter 24
of the City Code, which concerns the regulation of alcoholic beverages on park property;
WHEREAS, Section 24-17 of Chapter 24 of the City Code prohibits a person from
knowingly or willfully selling, possessing with the intent to sell, or consuming any alcoholic
beverage within the fenced enclosed areas surrounding any swimming pool, wading pool, or
spray pool within any park of the City;
WHEREAS, Forest Park Swimming Pool has been closed since 2010 and is scheduled to
reopen to the public on Saturday, May 25, 2013;
WHEREAS, the City anticipates holding a facility preview and fundraising event on
May 23, 2013, ("Event") in honor of the reopening of Forest Park Swimming Pool;
WHEREAS, the purpose of the Event is to raise funds for the city-wide aquatics learn-
to-swim program and to encourage continued citizen involvement for the long-term support of
the programs and operations at Forest Park Swimming Pool;
WHEREAS, the limited serving of alcoholic beverages is planned for the Event within
fenced enclosed areas surrounding Forest Park Swimming Pool; and
WHEREAS, the City Council desires to amend Section 24-17 of Chapter 24 of the City
Code to allow the sale, possession, or consumption of alcohol for the Event at Forest Park
Swimming Pool on May 23, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
Ordinance No.20718-04-2013
Pagel of 3
SECTION 1.
Section 24-17, "ALCOHOLIC BEVERAGES-PROHIBITED IN BALL FIELDS" of
Article 1, ^^DN GENERAL`^ to Chapter 24, "PARKS AND C(]MK4DYJ[[Y SERVICES," of the
Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by adding
subsection (a-|) toread as 6/l|u*a:
See. 24-17. Alcoholic Beverages-Prohibited ku Ball Fields
(u'|) Subsection <u>(\) ohu|| not apply to the sale, possession, or consumption of
alcoholic beverages for u City facility preview and fundraiser event at Forest Park
Swimming Pool ou Thursday, May 2S, 2O\3.
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 di/nuL conflict with the provisions of such ordinances and such Code, in vvhiob event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is bc,chy declared to he the intention of the City Cunoui| that the sections, paragraphs,
uent000eu` clauses and phrases of this ordinance are severable, and if any section, paragraph,
sentence, clause or phrase uba|| he declared to he unconstitutional by the valid Judgment or
decree of any court ofcompetent Jurisdiction, such unconstitutionality shall not affect any ofthe
/cozoiniog sections, paragraphs, mou(eucem, clauses and phrases 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, mooiuuce, paragraph or section.
SECTION 4.
All right and remedies uC the City of Fort Worth, Texas are expressly saved umin any and
all vimiudnue of the Code of the City of Fort Worth, or any other ordinances of the City, that
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 cbnniuu|, whether pending in court or not under such
U,diooucoNu. 28718'84'2013
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ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 5.
That all ordinances for which provisions have heretofore been made are hereby expressly
repealed if in conflict with the provisions of this ordinance.
SECTION 6.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
s
Assistant"City Attorney
ADOPTED AND EFFECTIVE: April 23, 201.3
Ordinance No. 20718-04-2013
Page 3 of 3
CITY OF FORT WORTH, TEXAS
COUNCIL PROPOSAL
Date: File Number: Subject:Adopt Attached Ordinance Amending Section 24-17"Alcoholic Beverages"of Chapter 24 of
April 23, 293 the City Code,"Parks and Community Services" to Allow the Sale,Possession,or Consumption of
2013 Alcohol at a Fundraising Event at Forest Park Swimming Pool on May 23,2013
Proposed By: City Manager's Review: Page:
Joel Burns,Council District 9 raty Attorney's Review: PAGE 1 OF 1
It is proposed that the City Council adopt the attached ordinance amending Sec. 24-17, "Alcoholic Beverages"of Chapter 24 of the
City Code,"Parks and Community Services", to allow die sale, possession,or consumption of alcoholic beverages for a facility
preview and fundraiser event at Forest Park Swimming Pool on Thursday May 23,2013,
DISCUSSION:
Forest Park SvAmming Pool has been closed since August 2010 and is scheduled to reopen to the public on Saturday May 25,
2013, As the result of a significant donation from a private foundafion, in-kind donations from professional services agencies
and construction companies and the allocation of capital projects reserve funds, major repairs to the swimming pool have
been undertaken.
A fund raising event has been planned prior to the pool opening to die public onMay 25th. The goal of the event is to raise
funds for the city-wide aquatics learn-to-swim program. The event is also intended to serve as a catalyst for citizen
involvement in raising additional funds to support the programs and operations at Forest Park Pool in the future. The limited
serving of beer and %vine is planned for the fundraiser to adult attendees who purchase an event ticket, a portion of which will
represent a donation in support of the leam-to-swim program. Certified life guards and an off-duty police officer will be on
duty during the event. The event will comply with the requirements orthe Texas Alcoholic Beverage Commission.
Section 24-17 of Chapter 24 of the City Code prohibits tire sale,possession, or consumption of alcoholic beverages within the
fenced areas surrounding any swimming pool, wading pool or spray pool within any park in the City. Approval of the
attached ordinance amending Section 24-17 wilt authorize the sale, possession,or consumption of beer and wine for this one-
time event.
LEGALITY:
The City Attorney's Office finds that this proposal is legal and that it is within the authority of the City Council.
HSCAL NOTE-
The ChiefFiriancial Officer certifies thatthe approval of this Council Proposal, Mll not require the appropriation of additional
funds at this time,
CITY MANAGER'S COMMENT:
The City Manager has no objection to the amendment of the City Code as proposed.
PROPOSED BY:
Joel Bums, Council Member Sal Espino, Council Member
LJ LEGALITY
Ll FISCAL NOTE
LJ CITY MANAGER'S COMMENTS
LJ CITY POLICIES MANUAL