HomeMy WebLinkAboutOrdinance 12619.~
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NUMBER 12273 OF THE CITY
OF FORT WORTH, TEXAS, SECTION 1, PART B, "ENVIRONMENTAL
FEE," BY AMENDING THE RATES FOR THE ENVIRONMENTAL
PROTECTION FEE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF
OCTOBER 1, 1996.
WHEREAS, Section 361.013(g) of the Texas Health and
Safety Code authorizes the City of Fort Worth to impose
a local environmental protection fee; and
WHEREAS, the City Council finds that it is necessary to
increase that fee to fund environmental programs required
by federal and/or state law; and
WHEREAS, the City Council finds that it is in the best
interest of the City to assess the fee on a differential
basis, so that industrial and commercial entities pay a
fee that is more in proportion to their potential impact
on the environment;
NOW, THEREFORE, be it ordained by the City Council of the
Citv of Fort Worth, Texas that:
SECTION 1.
That Ordinance Number 12273 of the City of Fort Worth, Texas,
Section 1, Part B, "Environmental Fee, " adopted by the City Council
of the City of Fort Worth on November 28, 1995, is hereby amended
to read as follows:
The Director of City Services shall charge a separate
per month / per account fee to customers, which shall be
known as the "environmental protection fee." The rates
for such fee shall be as follows:
Residential $ .50
Residential Duplex 1.00
Apartment Complex (per dwelling unit on account) .50
Municipal and Nonprofit .75
Commercial 10.00
Commercial Multi-unit 20.00
Industry 35.00
The Director of the Department of Water is hereby
instructed to create an "Apartment Complex" account
classification, and is further instructed to reclassify
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apartment complexes from the commercial classification
into the apartment complex classification.
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances of the City of Fort Worth 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 Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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 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.
All rights and remedies of the City of Fort 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
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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 5.
This ordinance shall, after its passage, be in full force and
effect on October 1, 1996, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
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SS STA C A RN Y
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ADOPTED: ~ -- ~ ~ - ~/ CO
EFFECTIVE:
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERSNCE NUMBER LOG NAME PAGR
08/13/96 G-11559 52AMEND 1 of 2
SUBJECT AMENDMENT TO ORDINANCE 12273 CHANGING RATES CHARGED FOR THE
ENVIRONMENTAL PROTECTION FEE
RECOMMENDATION
It is recommended that the City Council
Approve the attached ordinance amending Ordinance Number 12273, Section 1, Part B;
by changing the rates charged for the Environmental Protection Fee effective October 1,
1996,
2 Authorize the Water Department to create an "Apartment Complex" account classification
and reclassify apartment complexes from the commercial classification into the apartment
complex classification within their billing system
DISCUSSION
The City of Fort Worth's Environmental Protection Fee was created in January 1992 and further
amended in June 1993 The fee is used for environmental programs and services that are
mandated by federal, state, or local regulations Currently, all water service customers
(commercial, industrial, and residential) pay a $0 50 per month charge on their water bills The
current 50 50 Environmental Protection Fee generates approximately $850,000 00 per year
To implement federal and state mandated environmental actions identified to date, approximately
S13 million will be required during the next five years Increasing and new environmental
requirements as well as increased City acquisitions of abandoned contaminated property needing
remediation are placing great demands on a deficient economic base caused by an inequitable
fee structure
To address these issues, an Environmental Protection Fee Committee was assembled in
November 1995 The Committee's membership of eleven (11) individuals was composed of four
(4) representatives from industry, four (4) representatives from business/commerce, and three
(3) private citizens The purpose of the Committee was to review the existing fee rates and
formulate new rates while maintaining an equitable balance among those parties that were more
likely to contribute to environmental actions
The Committee's recommendations change the rate charged from a flat SO 50 per month to a
variable rate structure by class of water customer The proposed rate structure delineated below
is anticipated to generate approximately $2 9 million per year
Printed on Recycled Paper
City of Fort Worth Texas
Mayor and Council Communication
DATB RSFBR8NC8 NUM88R LOO NAME PA(i8
08/13/96 G-11559 52AMEND 2 of 2
svsJacT AMENDMENT TO ORDINANCE 12273 CHANGING RATES CHARGED FOR THE
ENVIRONMENTAL PROTECTION FEE
ENVIRONMENTAL PROTECTION FEE STRUCTURE
RESIDENTIAL S 0 50 unchanged
RESIDENTIAL DUPLEX 1 00
COMMERCIAL 10.00
COMMERCIAL MULTI-UNIT 20 00
APARTMENT COMPLEXES 0 50 per apartment unit
INDUSTRIAL 35 00
MUNICIPAL 0 75
NON-PROFIT 0 75
FISCAL INFORMATION/CERTIFICATION
The Customer Service Division of the Water Department is responsible for collection of funds due
the City generated by this ordinance amendment.
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Sul~itted for City Manager's FUND
Office by: (to)
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Charles Boswell 8511
Originating Department Head:
ACCOUNT I CENTER
494100 I 052011000000
AMOUNT I CITY SECRETARY
APPROVED
CITY COUNCIL
Edward Sierra 8079 I (from)
For Additioool 1[ntormation
Contact:
Edward Siena 8079
AUG 13 1996
City. Secred~ry of tho
City of Fort W3tth, Texas
Printed on Reoyded Paper