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HomeMy WebLinkAboutOrdinance 16281-02-2005oxn~lvA1~CE lvo. ~~zsx-oz~~ao5 AN ORDINANCE ESTABLISHING A FEE FOR THE APPLICATION FOR APPROVAL OF A MUNICIPAL SETTING DESIGNATION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 'VVTEREAS, on January 11, 2005, the City Council adopted Ordinance 16259, establishing procedures for the approval of a Municipal Setting Designation within the city, and WHEREAS, said Ordinance states that an applicant far a Municipal Setting Designation approval shall pay an application fee in an amount set by City Council by ordinance; N®W TI-I1C~REFORE, BE 1'I" ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SEC A T'V,l~ 1 a The fee for an application to the Department of Enviranrinental Management for approval of a Municipal Setting Designation shall be $2,000.00. SECTT®N 2. This ardinance 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of such ordinances and such Cade, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 1 SECTION 3.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 dcclared 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. All rights and remedies of the City of Fo~1 Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in 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 or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section f of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fart Worth, Texas and by Section S2.~13, Texas Local Government Code. SECTION 6. This ordinance shall be in full force and effect after its passage, and it is so ordained. 2 APPROVED AS TO FORM AND LEGALITY: DAVID YETI, C~"Y ATTORNEY C~ ~..~ AsSISTA ITY ATTORNE DATE: x.15 a ~ ~ ,~ EFFECTIVE:.. ~ ~,~~ ~fy ®f F~rf 1N®r~h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/8/2005 -Ordinance No. 16281-02-2005 ®ATE: Tuesday, 1`ebruary 08, 2005 LOC NAME: 52MSDFEE REFERENCE NO,: *~`G-14672 SUBJECT: Adoption of an Ordinance Establishing a Fee of $2,QOQ.QO for a Municipal Setting Designation Application to the Department of Environmental Management RECOMMEN©ATION: It is recommended that the City Council adopt the attached ordinance establishing a fee of $2,000.00 for a Municipal Setting Designation application to the Department of Environmental Management. DISCUSSION: On January 11, 2006 (M&C G-14649}, the City Council approved Ordinance No. 16259 establishing a procedural ordinance for persons seeking approval from the City Council far a Municipal Setting Designation (MSD) for their property. MSDs are established by the Texas Cammission on Environmental Quality (TCEQ), but must be approved by the City Council of the municipality in which they are located. MSD's facilitate Brownfield redevelopment. The ordinance has an extensive notification requirement in addition to a requirement for a public meeting followed by a public hearing. It requires that the applicant include an application fee in an amount set by City Council by ordinance. It is proposed that an applicant be required to pay a application flee of $2,000.00, which will cover the costs associated with providing notice to the public meeting and hearing and the costs of holding the public meeting. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that the Department of Environmental Management will be responsible for collection of any revenues generated under this ordinance. TO FundlAccountlCenters FROM FundlAccountlCerrters GG01 461334 052'1000 OAO Submitted for City Manager°s Office bye Libby Watson {69 83) Originating ©epartment Head: Brian Koerner (6047) Additional Information Contact: Brian Baerner (6647) Logname: 52MSDFEE Page 1 of 1