ORDINANCE NO.______

AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 18, “LAKE WORTH” ARTICLE I, “IN GENERAL”, SECTION 18-4, “LAKE WORTH USE FEES” TO NOW BE “BOAT RAMP USE FEES”; SECTION 18-5 “LAKE USE FEE PERMIT” TO BE REPEALED AND RESERVED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $500.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, City Council shall establishes fees for the use of Lake Worth in Section 18-4 of the City Code;

WHEREAS, pursuant to the TexasParks and Wildlife Code, Section 31.092, such fees must be related to the use of a public facility provided by the City;

WHEREAS, the City provides boat ramps for the use of Lake Worth; and

WHEREAS, an amendment to the fee name and structure for the Lake Worthuse fee is deemed necessary.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:

Section 1.

Part II, Chapter 18 “Lake Worth”, Article I, “In General”, Section18-4, “Lake Worth Use Fee” of the Code of the City of Fort Worth (1986), as amended shall further be amended to read as follows:

Section 18-4 Boat Ramp Use Fee.

(a)It shall be unlawful to use the boat ramps at Arrow S and Casino Beach Parks without a valid boat ramp use sticker affixed to the trailer of the boat, as directed by the City. A person shall pay the required fee to acquire a boat ramp use sticker from the City or the City’s designee. The boat ramp use fee(s) shall be as follows:

Non-residents of the City of Fort Worth / $20.00
Residents of the City of Fort Worth / $15.00
Water Craft Dealer / $90.00
Weekly Boat Ramp Use Fee / $5.00

(b)The boat ramp use fee for residents and non-residents shall be valid from the date of issuance until December 31 of the same year.

(c)The weekly boat ramp use fee shall be valid for seven (7) days from the date of purchase and expire on the date shown on the sticker.

(d)An offense under this Section 18-4 shall be punishable by a fine of up to five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate offense.

Section 2.

Part II, Chapter 18 “Lake Worth”, Article I, “In General”, Section 18-5, “Lake Worth Use Fee Permit” of the Code of the City of Fort Worth (1986), as amended shall repealed in its entirety and Section 18-5 shall be reserved.

Section 3.

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 provision of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.

Section 4.

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 5.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Section 6.

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 ordinance amended, which have accrued at the time of the effective date of this ordinance 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 7.

The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 5 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 Fort Worth, Texas and by Section 52.013, Texas Local Government Code.

Section 8.

This ordinance will take effect upon adoption by the City Council of Fort Worth.

APPROVED AS TO FORM AND LEGALITY:

______

Christa R. Reynolds

Sr.AssistantCity Attorney

ADOPTED:

Boat Ramp Use Fee Ordinance

CRR 310111 OF 4