HomeMy WebLinkAboutOrdinance 11348N ~''
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ORDINANCE NO. //~`~'~_
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS
AMENDED, THROUGH THE AMENDMENT OF ARTICLE II THEREOF,
BY THE AMENDMENT OF SECTION 14-34 ENTITLED
"ENVIRONMENTAL PROTECTION FEE", THROUGH THE AMENDMENT
OF SIIBSECTION (b), RELATIVE TO THE PURPOSE OF SUCH FEE;
PROVIDING THIS ORDINANCE BE CiJMULATIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SAVINGS OF ALL RIGHTS AND
REMEDIES; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING THAT THIS ORDINANCE BE ENGROSSED AND
ENROLLED; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Section 1.
That Chapter 14 "Garbage", of the Code of the City of Fort
Worth; Texas (1986), as amended, is hereby further amended
through the amendment of Article II thereof, by the amendment of
Section 14-34, entitled "Environmental Protection Fee",
Subsection (b), so that hereafter said subsection shall be and
read as follows:
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(b) Pursuant to VTCA, Health and Safety Code, Section
361 013(8), any revenues generated by the fee which
~ have accrued or which may accrue in the future, shall
be used for disposal or environmental programs or
services that are required by state or federal
mandates.
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 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ordinances and such Code are hereby repealed.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
Council that the sections, paragraphs, sentences, c
phrases of this ordinance are severable, and, if a
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CfTY SECRETARY
FT. WORTH, ;,
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clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid Kjudgment 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.
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' Section 4. V,
All rights and remedies of the City of Fort Worth, Texas,
are expressly saved as to any and ~=a11 violations of, the
provisions of Chapter 14, Article II, or any other ordinances
affecting environmental protection fees 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.
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Section 5. ~~
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The City Secretary of the City of Fort worth, Texas is
hereby authorized to publish this ordinance in pamphlet form for
general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the
production thereof, as provided in Chapter XXV, Section 3, of the
Charter of the City of Fort Worth, Texas~y.
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Section 6. k~
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The Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by,;°copying the caption and
Sections 1, and 9 in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
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Section 7. ";
The City Secretary of the City of`~ Fort Worth, Texas, is
hereby directed to publish the caption of this ordinance for two
(2} days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 52 013 w, Texas Local Government
Code.
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~~"~~ This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is
sod'-;ordained.
APp:ROVED AS TO FORM AND LEGALITY.
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OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH,, TEX.
NASfER FILE 3
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'ACCOUNTING 2 City of Fort Worth, Texas
TRANSPORT~ATIUN~PUBLIC .WORKS•C
N ~ fER AO(.11N151 R~ayOr ay~~r Cou~;cil C'armmunicati~~n
ENGINEERING
ENVIR
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D ~P,RA~~t f11~1~6~29NJ93
/ REFERENCE NUMBER*sG-10223 LOG NAME
52GARBAG PA E
1 of 1
` SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 14
FOR EXPANDED USE OF REVENUES GENERATED BY "GARBAGE" OF THE CITY CODE TO ALLOW
THE ENVIRONMENTAL FEE
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter
14, "Garbage", of the Code of the City of Fort Worth, Texas (1986), as amended, by
amending Section 14-34(b) to allow for revenues generated by the Environmental Fee to
be used to pay for any environmental program or service required by state or federal
mandate.
DISCUSSION:
During the recent legislative session, the City was successful in amending Section
361.013 of the State's Health and Safety Code to allow for expanded use of revenues
generated by local environmental protection fees. The amendment allows revenues
generated to pay for any environmental program or service "as such services are
required by state or federal mandates". Prior to this amendment, the revenue generated
by such fees could only be used to pay for the cost of disposal associated with
environmental projects or programs.
The attached ordinance amends the City Code to conform with State law and allow for
expanded use of the Environmental Fee revenue. All revenue generated by the
Environmental Fee is deposited into the Environmental Management Fund.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that no
this ordinance. funds are required for adoption of
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CITY SECR~'~A~Y
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Su tte or City Manager's
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APPRQVED
Mike Groomer 6140 CITY COUN
Or groat ng Departt#ent Hea CfL
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k JUN ~8 1993
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Hay 6088 from
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For Additional Infor~eation ~~
City Secs®tary of the
Contact : City of Fort Worth, Teaars
Rick Hay 6088 Adopted Ordnance No• ~.;
t~ Printed on recycled paper