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HomeMy WebLinkAboutOrdinance 25772-09-2022 ORDINANCE NO. 25772-09-2022 AN ORDINANCE AMENDING CITY CODE OF THE CITY OF FORT WORTH CHAPTER 2, ARTICLE XII, SECTION 2-321; CHAPTER 7, ARTICLE I, SECTIONS 7-111, 7-118, AND 7-119; CHAPTER 7, ARTICLE IX, SECTIONS 7-402; CHAPTER 12, ARTICLE VIII, SECTION 12.5-843; CHAPTER 12.5, ARTICLE X, SECTION 12.5-881; CHAPTER 15, ARTICLE III, SECTION 15-51; AND CHAPTER 16, ARTICLE IV, SECTIONS 16-115 AND 16-142 TO REFLECT CHANGES IN THE FEES STATED IN THOSE CODE SECTIONS; ADDING NEW FEES AND CHANGING CERTAIN FEES; ALLOWING FOR CHANGES IN CERTAIN FEES DUE TO MARKET CONDITIONS; DESIGNATING OTHER DEPARTMENTS ACTING ON BEHALF OF THE FINANCIAL MANAGEMENT SERVICES DEPARTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it appropriate to amend fee schedules in the City Code of the City of Fort Worth,add new fees,change certain fees as they relate to services rendered by the City to recover the costs incurred by the City to provide such services. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS: SECTION 1. The following sections of the City Code of the City of Fort Worth are hereby amended in accordance with the attached Exhibit"A"to reflect changes in certain fees: 1. Chapter 2, Article XII, Section 2-321; 2. Chapter 7, Article I, Sections 7-111, 7-118, and 7-119; 3. Chapter 7,Article IX, Sections 7-402; 4. Chapter 12, Article VIII, Section 12.5-843; 5. Chapter 12.5, Article X, Section 12.5-881; 6. Chapter 15, Article III, Section 15-51; and 7. Chapter 16, Article IV, Sections 16-115 and 16-142. SECTION 2. The new fees and fee changes detailed on Exhibit "A" to this Ordinance in the Development Department, Code Compliance Department, Aviation Department, Transportation and Public Works Department, and Public Events Department are hereby approved. SECTION 3 Ordinance No.25772-09-2022 Page I of 3 The Aviation,Neighborhood Services, Public Events and Park&Recreation Departments operate facilities and programs that compete with public and private sector facilities for business and periodically need to make adjustments in response to market demands and for promotional and educational purposes. Approval of this Ordinance authorizes the Aviation, Neighborhood Services, Park & Recreation, and Public Events Directors and their designees, directly or in connection with non-profit support groups,to adjust or waive fees in response to market demands, including, but not limited to, seasonal, weather-related, and facility condition-driven factors; customer service resolutions; memberships; advertising opportunities; special marketing promotions; and educational purposes. The maximum amount of fees for facilities operated by these departments will continue to be capped at those amounts previously approved by the City Council. SECTION 4 Approval of this Ordinance will also officially designate other personnel and departments as acting on behalf of the Financial Management Services (FMS) Department in collecting fees and issuing licenses, as applicable. The City Charter charges the City's Finance Department"with the administration of the financial affairs of the city, including the keeping and supervision of all accounts and the issuance of licenses and the collection of license fees." As the City has grown over the years, responsibilities for issuing licenses and collecting fees became decentralized, with various departments and personnel being assigned as reflected in the City's revenue manual. In connection with the adoption of the Fiscal Year 2016 budget,the City Council approved M&C G- 18545 (September 15, 2015), which formally designated the assigned personnel and departments to act on behalf of FMS in collecting fees and issuing licenses, where applicable.Adoption of this Ordinance continues that designation through Fiscal Year 2023. SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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 6. 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 7. Ordinance No.25772-09-2022 Page 2 of 3 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, Ordinance 21653 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 8. This Ordinance shall take effect on October 1, 2022 and after publication as required by law, if necessary. APPROVED AS TO FORM AND LEGALITY: ATTEST: Q� s ,� Tc1hhE�fe s. Goodall p Jannette S.Goodall(Oct 10,202210:20 CDT) John B. Strong Jannette S. 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