HomeMy WebLinkAboutOrdinance 26009-02-2023 ORDINANCE NO. 26009-02-2023
AN ORDINANCE AMENDING CHAPTER 18 "LAKE WORTH,"
ARTICLE I "IN GENERAL," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY AMENDING SECTION 18-4
TO REVISE REGULATIONS RELATING TO THE USE OF LAKE
WORTH BOAT RAMPS, AND AMENDING CHAPTER 10 "COURTS,"
ARTICLE II "PARKING VIOLATIONS BUREAU," OF THE CODE OF
THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, TO
AMEND SECTIONS 10-16, 10-19 AND 10-22 TO PROVIDE FOR THE
CIVIL ENFORCEMENT OF LAKE WORTH BOAT RAMP VIOLATIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; IMPOSING A CIVIL PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Fort Worth ("City") seeks to provide for the health, safety, and
welfare of its citizens; and
WHEREAS the City is the owner of two boat ramps and associated infrastructure
(collectively, the "Boat Ramps") located at Arrow S Park and Casino Beach Park; and
WHEREAS to serve the general public and the boaters at Lake Worth, the City operates
and maintains the Boat Ramps; and
WHEREAS pursuant to Texas Parks and Wildlife Code Section 31.092, the City is
authorized to collect a fee for the use of the Boat Ramps; and
WHEREAS Boat Ramp usage fees have been established by the Fort Worth City Council
and the fees were last revised on March 22, 2011 (Mayor and Council Communication G-17200;
Ordinance 19597-03-2011); and
WHEREAS Property Management Department staff conducted a rate fee study and have
determined that the Boat Ramp usage fees should be revised; and
WHEREAS the City Council finds that the Boat ramp usage fees should be amended; and
WHEREAS the City Council finds that use of a Boat Ramp without a boat ramp use permit
should be a civil offense subject to civil penalties and fines pursuant to the procedures for
administrative adjudication as set forth in Chapter 10 of the Code of the City of Fort Worth;
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
Ordinance No. 26009-02-2023
Page 1 of 4
SECTION 1.
Chapter 18 "Lake Worth," Article I "In General," Section 18-4 "Boat Ramp Use Fee" of
the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed in its entirety
and restated to read as follows:
§ 18-4 BOAT RAMP USE FEE; PERMIT REQUIRED.
(a) It shall be unlawful for any person to use the boat ramp at Arrow S Park or Casino Beach
Park without a current, valid boat ramp use permit as reflected in the City's official
permitting system. If a boat or personal watercraft trailer is parked at Arrow S Park or
Casino Beach Park, the presence of the trailer creates a rebuttable presumption that the
registered owner of the trailer used the boat ramp at that park.
(b) A person must pay the fees established by the City Council to acquire a boat ramp use
permit from the City or its designee. Permits will be made available for an annual,weekly,
or daily period.
(1) An annual boat ramp use permit shall be valid for three-hundred and sixty-five days
(365) from the date of purchase.
(2) A weekly boat ramp use permit shall be valid for seven (7) days from the date of
purchase.
(3) A daily boat ramp use permit shall be valid for twenty-four(24)hours from the date
and time of purchase.
(c) An offense under this section shall be a civil offense subject to a parking citation and civil
penalties and fines pursuant to the procedures for administrative adjudication as set forth
in Chapter 10 of this code.
SECTION 2.
Chapter 10 "Courts," Article II "Parking Violations Bureau," Section 10-16 "Parking
Violations Bureau Created" of the Code of the City of Fort Worth, Texas (2015), as amended, is
hereby revised to read as follows:
§ 10-16 PARKING VIOLATIONS BUREAU CREATED.
There is hereby created a parking violations bureau in and for the City of Fort Worth which
shall have original jurisdiction over cases involving violations of city ordinances relating to
the parking, stopping or standing of vehicles as contained in regulated by Chapter 22 (§§ 22-
155 through 22-240) and Chapter 18 (§ 18-4) of the code of the City of Fort Worth (1986)
(2015), as amended.
Ordinance No.26009-02-2023
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SECTION 3.
Chapter 10 "Courts,"Article II"Parking Violations Bureau," Section 10-19 "Presumption
of Ownership; Exceptions to Vehicle Owner Liability" subsection (a) of the Code of the City of
Fort Worth, Texas(2015), as amended, is hereby revised to read as follows:
(a) It is presumed that the registered owner of the motor vehicle that is the subject of the
administrative hearing is the person who parked or stopped the vehicle at the time and
place of the offense charged.
SECTION 4.
Chapter 10"Courts,"Article II"Parking Violations Bureau,"Section 10-22"Enforcement"
subsection (a)(2) of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby
revised to read as follows:
(2) Placing a device("boot")that prohibits the movement of a motor vehicle on the vehicle
that is the subject of the order filed;
SECTION 5.
This ordinance shall be cumulative of all other ordinances of the City of Fort Worth,Texas,
and shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the City Code, or any amendments thereto 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 criminal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of these ordinances are severable, and if any phrase, clause,
sentence, paragraph or section of these ordinances shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of these ordinances, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence,paragraph or section.
Ordinance No.26009-02-2023
Page 3 of 4
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this Ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 of the Texas Local
Government Code. This Ordinance shall take effect upon adoption and publication as required by
law. The effective date of this Ordinance shall be the day after the date of the second publication.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Matthew A. Murray Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED: Februgy 14, 2023 IF Rr�
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EFFECTIVE:9A"e.AnA —3, a0123 0
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Ordinance No.26009-02-2023
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0086
LOG NAME: 21 LW BOAT RAMP FEES
SUBJECT
(CD 7/Future CD 7)Adopt Ordinance Amending Sections 18-4, 10-16, 10-19,and 10-22 of the Code of the City of Fort Worth,Texas(2015),As
Amended,to Revise the Boat Ramp Use Fees for the Boat Ramps at Arrow S Park and Casino Beach Park and to Impose a Civil Penalty Not
Exceeding $200 for Failure to Pay a Boat Ramp Use Fee,Authorize an Agreement with ParkMobile, LLC for the Collection of Boat Ramp Use
Fees,and Provide for an Increase of the Boat Ramp Use Fees Beginning in Fiscal Year 2025
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending sections 18-4, 10-16, 10-19,and 10-22 of the Code of the City of Fort Worth,Texas(2015),as
amended,to revise the boat ramp use fees for the boat ramps at Arrow S Park and Casino Beach Park;
2. Impose a civil penalty not exceeding$200 for failure to pay a boat ramp use fee;
3. Authorize an agreement with ParkMobile,LLC for the collection of boat ramp use fees;and
4. Provide for an increase of the boat ramp use fees beginning in Fiscal Year 2025.
DISCUSSION:
Currently, Lake Worth boat ramp use fees are collected from boat owners and operators by Najavo Burgers,a convenience store centrally located
between the Arrow S Park and Casino Beach Park boat ramps.The current fees are multi-tiered based on whether the boat ramp permit is for a
resident, non-resident, or watercraft dealer, and the length of time that boaters use the lake. The fees are used to support the Lake Patrol and
administrative services and the installation, maintenance, and operation of boat ramps and marker buoys at Lake Worth. Under the existing
ordinance,fees vary from$5.00 to$90.00.
In the fall of 2021,the Property Management Department staff conducted a rate fee study in order to review and consider a revision to the current
fees. Based on the study, Property Management Department recommends implementing a revised boat ramp use fee at the City-owned facilities
at Arrow S Park and Casino Beach Park.
The proposed boat ramp use fee would provide options for an annual use permit as well as a weekly and daily use permit. No fee increases will be
made for the non-Fort Worth residents,residents,or weekly use permit.A daily use fee of$2.00 will be added for resident or non-resident users.
An annual watercraft dealers permit will continue to be$90.00. Per the study,the fees are well below similar fees currently being charged at other
North Texas lakes and the last fee increase was in March 2011. Staff proposes that the fees be increased beginning in Fiscal Year 2025(October
1,2024)to$30 for a resident annual permit, $40 for a non-resident annual permit, $10 for a weekly permit,$5 for a daily permit,and$100 for an
annual watercraft dealer permit.
The following charts demonstrate the current and proposed new fees:
CURRENT LAKE USE FEES:
Resident $15.00 j
Non-Resident $20.00
Watercraft Dealer $90.00
Temporary(Weekly) 11$5.00 ^�
PROPOSED BOAT RAMP USE FEES TO BEGIN IMMEDIATELY:
Annual Resident Permit $15.00
Annual Non-Resident Permit $20.00
Annual Watercraft Dealer $90.00
Weekly Boat Ramp $5.00 '
Daily Fee $2.00 _
PROPOSED BOAT RAMP USE FEES EFFECTIVE FY 2025
Annual Resident Pass $30.00
Annual Non-Resident Pass $40.00
Annual Watercraft Dealer $100.00
Weekly Boat Ramp $10.00
Daily Fee 11$5.00
Property Management also recommends outsourcing the collection of the fees through an electronic system managed by ParkMobile, LLC.
Currently, Navajo Burgers on Navajo Trail is the only location offering boat ramp stickers.Under their current agreement,they retain one dollar of
the fee from each sticker sold and pre-purchase inventory from the City of Fort Worth.
Property Management sorts the requested stickers,delivers them to the location,collects the payment,and deposits the funds in the general fund's
account. If Navajo Burgers runs out or fails to pre-purchase boat ramp stickers,the general public has no alternative option to purchase these
stickers.The general public is also limited in purchasing these stickers by the convenience store's hours of operation.Outsourcing this function to
an electronic system would reduce the overall costs of printing these stickers and improve customer service by ensuring boaters are able to
access the ramps earlier and eliminate the possibility that these permits are unavailable due to a lack of inventory control by Navajo Burgers.The
electronic system would establish better time management for Property Management by automating the cash flow process to a monthly deposit,
minus minimal service fees, and provide a summary of the activity.The electronic system will also streamline the record-keeping process by
automating it to eliminate paper storage.This new automated system would allow the Marshals the ability to search for payment similar to pay-to-
park systems throughout the downtown area.
Other than the service fees,there are no costs to the City for implementing this electronic system,and it has been determined that ParkMobile,
LLC will be able to develop and install the QR code signage within a week of authorization.
The property is located in COUNCIL DISTRICT 7 AND FUTURE COUNCIL DISTRICT 7.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and execution of agreements,funds will be deposited into the
General Fund. The Property Management Department(and Financial Management Services)is responsible for the collection and deposit of funds
due the City.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Nita Shinsky 8053
Mark Brown 5197