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Home My WebLink AboutOrdinance 10661ORDINANCE N0. /~~"~~ AN ORDINANCE AMENDING CHAPTER 20, "LICENSES AND MISCEL- LANEOUS BUSINESS REGULATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING REGULATIONS CONCERNING ANNUAL LICENSE FEES TO OPERATE A MOTOR VEHICLE JUNKYARD OR BUSINESS AND CONDITIONS OF ISSUANCE; DESIGNATION OF SPECIFIED CITY DEPARTMENTS TO INSPECT JUNKYARDS OR BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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 Article VII, Division 3, of Chapter 20, "Licenses, Miscellaneous Business Regulations," of the Code of the City of Fort Worth, Texas (1986}, as amended, be and is hereby amended by repealing Subsection (4) of Section 20-292 and replacing it with a new Subsection (4) thereof which reads as follows: "(4) Approval by the fire, police, city services and development departments, following inspection by each of such departments; and" That Article VII, Division 3, of Chapter 20, "Licenses, Miscellaneous Business Regulations," of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by repealing Section 20-295 and replacing it with a new Section 20-295 thereof which reads as follows: "Sec. 20-295. Inspections. Inspections of motor vehicle junkyards or busi- nesses to ascertain compliance with their applicable ordinance requirements shall be conducted by 'the fire, police, city services, and development departments upon application for a license to operate such a yard or business and/or upon application for renewal of such license. Failure to pass any of the inspections shall constitute grounds for denial of the issuance of such license. Reasons for such denial shall be made in writing and tendered to the applicant." That Article VII, Division 3, of Chapter 20, "Licenses, Miscellaneous Business Regulations," of the Code of the City of Fort Worth, Texas (1986}, as amended, be and is hereby amended by repealing Subsection (a) of Section 20-296 and replacing it with a new Subsection (a) of Section 20-296 thereof which reads as follows: "(a) The building official shall issue a license to operate a motor vehicle junkyard or business upon presentation of a certificate of occupancy and written approvals by the fire, police, city services and development departments, following the inspections required in Section 20-295. Such license shall be issued in the name of the applicant and shall not be transferable. The annual fee for such license shall be in an amount established by City Council. The license shall be renewed on or before the anniversary date of the last issuance. That Article VII, Division 3, of Chapter 20, "Licenses, Miscellaneous Business Regulations," of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by repealing Subsection (b) of Section 20-297 and replacing it with a new Subsection (b) thereof which reads as follows: (b) In considering such appeal, the City Council shall examine the results of the investigations, findings and conclusions of the applicable City staff, to include those of the fire, police, city services and development departments; shall make or cause to be made such other investigations as it may consider necessary, including any hearings that it may determine desirable; shall determine whether or not in the interest of the safety, health, decency, comfort, convenience, neces- sity and welfare of the inhabitants of the City a requirement for the operation of such a business exists; shall determine whether or not the applicant is fit and proper to conduct such business; and may inves- tigate the fitness of the stockholders and officers of any corporation making such application. The City Council shall also consider the nature and development of surrounding property, the proximity of churches, 2 schools , hospitals and public b u i l d i n g s a n d o the r places of public gatherings; the sufficiency in number of such other yards or businesses in the vicinity; the health, safety and general welfare of the public; and the suitability of the applicant to establish, maintain and operate such yards or businesses and receive a license therefor." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of the 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, para- graphs 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, sen- tence, 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 provi- sions of Chapter 6 of the Fort Worth City Code or any other ordi- 3 . ... .; nances affecting animal regu]_ation and control 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 ordi- nances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption which summarizes the purpose of the ordinance and effec- tive date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption which summarizes the pur- pose of the ordinance 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, Texas Local Government Code. SECTION 7. This ordinance shall be in full force and effect from and after September 1, 1990, and. it is so ordained. APPROVED AS TO FORM AND LEGALITY: .V City Attorney Date: ~ ~~ ~~~ ADOPTED • ~1 1-~''.~~ ~~~0 EFFECTIVE • ~J~%1~~-/n~ ~~ ~Q9D 4 MASER FILE 7 ~ ^F ~~ ACCOUNTING 2 ~~(.y Of wort Worth ~~.I'V~I.L~Y TRANSPORTATIONJPU9lIC WORKS /,/_y7N/ \//1/~', ~ n~ /~/11 //A ~ n~ ~f ~ ~ IAATER AOMINISiRAT10N ~ ~~®~ ~~-"- y®LL/W~~iJ "'W ~®~~ LL/W~~~/~~~®U W CITY SERVICES 'L DATE REFERENCE SUBJECT PROPOSED AMENDMENT TO THE MOTOR PAGE OEYELUPMENI~3 NUMBER VEHICLE JUNK YARD LICENSE ORDINANCE 2 8-28-90 **G-8778 1 of .HEALTH DEP4RTME T RE OMMENDATION• ~.nrvrz 3MUNICIPAL COURT oMlr~n i s recommended that the City Counci 1 Pouc~~owlN~srR~~io~s Adopt the attached ordinance (described below) which amends Article VII, ~~ Division 3,11 of Chapter 20, "Licenses and Miscellaneous Business Regulations, of the Code of the City of Fort Worth, Texas (1986), as amended; and s 2. Establish the annual license fee for a motor vehicle junk yard or business in the amount of $600. DISCUSSION: The proposed changes to the Code of the City of Fort Worth, include the following: 1. The first proposed ordinance amendment will repeal Subsection (4) of Section 20-292 and replace it with a new Subsection (4). It will identify those City Departments which should be responsible for the approval of motor vehicle junkyards. Health and Transportation and Public Works Departments are no longer involved, and City Services (Code Enforcement) and Development Departments f~ave been added. I 2. The second proposed ordinance amendment will repeal Section 20-295 and replace it with a new Section 20-295. This change also reflects which City departments should be charged with the licensing inspections of motor vehicle junk yards. Health and Transportation and Public Works Departments are~-not,longer involved, and City Services (Code Enforcement) and Development Departments have been added. 13 3. The third proposed ordinance amendment will repeal Subsection (a) of Section 20-296 and replace it with a new Subsection (a) of Section 20-296. This new Subsection {a) will identify the appropriate City departments responsible for approval of motor vehicle junk yards. In addition, this 'proposed ordinance amendment contains a provision which specifies that the annual fee for such license shall be in the amount established by City Council; no dollar amount is specified in the proposed ordinance. A request is being made at this time to increase the $500 annual license fee to $600 for motor vehicle junk yards or businesses due to increased administrative costs. Thereafter, any increase or decrease in this fee can be adopted by City Council M & C. 4. ~ The last proposed ordinance amendment will repeal Subsection (b) of Section 20-297 and replace it with a new Subsection (b) of Section -s~ ?. ~ ~E DATE REFERENCE suB~ECT PROPOSED AMENDMENT TO THE MOTOR PAGE NUMBER yEHICLE JUN K YARD LICENSE ORDINANCE 2 0, 2 8-28-90 **G-8778 20-297. This amendment designates responsibility by City departments in the license denial and/ar appea.ls process. Health and Transportation and Public Works Departments are no longer involved, and City Services (Code Enforcement) and Development Departments have been added. MG:t '~ APPROVED BY CITY COUNCIL AUG 2~ 1990 , Cite 5gcretarp of the City of Fort Worthy T,a~csi SUBMITTED FOR THE ABYGER'S 6122 I ik G DISPOSITION BY COUNCIL: ^ APPROVED PROCESSED BY O F ICE room_ er M e ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: JOe Bilardi 7820 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Joe Bi lardi 7820 Adop#ed Ordinance No./~~ DATE