HomeMy WebLinkAboutOrdinance 21986-12-2015 ORDINANCE NO.21986-12-2015
AN ORDINANCE AMENDING CHAPTER 34 "VEHICLES FOR HIRE,"
ARTICLE VI "GROUND TRANSPORTATION FOR HIRE," OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED,
BY AMENDING DIVISION 2, SECTION 34-222, "AGE LIMITS OF
TAXICABS; OTHER VEHICLE REQUIREMENTS" AND DIVISION 3,
SECTION 34-248, "AGE LIMITS OF LIMOUSINES; OTHER VEHICLE
REQUIREMENTS" AND REPEALING DIVISION 4, SECTION 34-263,
"VEHICLE AGE LIMIT," TO REPEAL VECHICLE AGE LIMIT
REQUIREMENTS; AMENDING DIVISION 1, SECTION 34-206(b),
"ANNUAL FEES" TO REQUIRE THE PAYMENT OF ANNUAL FEES
BEFORE THE ISSUANCE OF AN OPERATING LICENSE AND
AUTHORIZE THE PAYMENT OF ANNUAL FEES ON A PRO-RATED
BASIS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect
the public safety,preserve the quality of life, and promote efficiency within the City; and
WHEREAS, Section 215.004 of the Texas Local Government Code provides that to
protect the public health, safety, and welfare, a municipality by ordinance shall license, control,
and otherwise regulate each private passenger vehicle, regardless of how it is propelled, that
provides passenger taxicab transportation services for compensation and is designed for carrying
no more than eight passengers; and
WHEREAS, Section 215.004 of the Texas Local Government Code provides that an
ordinance of a municipality regulating passenger taxicab transportation services may include the
regulation of entry into the business of providing passenger taxicab transportation services;
regulation of the rates charged for the provision of the services; establishment of safety and
insurance requirements; and any other requirements adopted to ensure safe and reliable
passenger transportation service; and
WHEREAS, Section 215.073 of the Texas Local Government Code provides that a
home rule municipality may license, fix the charges or fares made by, or otherwise regulate any
person who owns, operates, or controls any type of vehicle used on the public streets or alleys of
the municipality for carrying passengers or freight for compensation; and
WHEREAS, Section 311.001 of the Texas Transportation Code provides that a home
rule city has exclusive control over the public highways, streets, and alleys of the city; and
Ordinance No.21986-12-2015
Page 1 of 4
WHEREAS, it is advisable to amend Chapter 34 of the Fort Worth Code of Ordinances
to repeal vehicle age limits, to require the payment of annual operating fees and annual per
vehicle fees before the issuance of an operating license, and to authorize the collection of annual
operating fees and annual per vehicle fees on a pro-rated basis; and
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS,THAT:
SECTION 1.
Chapter 34 "Vehicles for Hire," Article VI "Ground Transportation for Hire," Division 2,
Section 34-222 and Division 3, Section 34-248 of the Code of the City of Fort Worth are hereby
amended to be and read as follows:
Sec. 34-222 OTHER VEHICLE REQUIREMENTS.
(a) No taxicab may be salvaged or rebuilt; "blue titled"vehicles shall not be permitted
to be operated as taxicabs.
(b) Only vehicles designated"large"by the American Automobile Association shall be
permitted to operate as taxicabs.
(c) If a vehicle will be utilized as an alternative fuel vehicle pursuant to this Article,
documentation of such status shall be submitted to the Ground Transportation
Coordinator upon inspection of the vehicle.
Sec. 34-248 OTHER VEHICLE REQUIREMENTS
No limousine may be salvaged or rebuilt; "blue titled"vehicles shall not be permitted to
be operated as limousines.
SECTION 2
Chapter 34 "Vehicles for Hire,"Article VI "Ground Transportation for Hire," Division 4,
Section 34-263 is hereby repealed in its entirety.
SECTION 3
Chapter 34 "Vehicles for Hire," Article VI "Ground Transportation for Hire," Division 1,
Section 34-206(b) of the Code of the City of Fort Worth is hereby amended to be and read as
follows:
Ordinance No.21986-12-2015
Page 2 of 4
See. 34-206 ANNUAL FEES.
(b) Each Licensee shall pay the annual fees as approved by City Council before the
issuance of an Operating License. Annual fees may be pro-rated. The Ground
Transportation Coordinator shall provide each Licensee with written notice of the
due date for pro-rated fees. If pro-rated fees are not paid thirty days after receipt of
the written notice, the Ground Transportation Coordinator shall recommend
suspension of the Operating License to the City Manager.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), 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 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 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 Code of the City of Fort Worth, or any other
ordinances of the City, that 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.
SECTION 7.
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 an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a
violation exists shall constitute a separate offense. A violation of any provision of this ordinance
may result in the revocation of the operating license.
Ordinance No.21986-12-2015
Page 3 of 4
SECTION 8.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 9.
All other provisions of Chapter 34 of the Code of the City of Fort Worth, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 10.
This ordinance shall take effect on January 1, 2016, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
--
McCracken, � Se , � � �Z Richard A. Mc Amaryl
Assistant City Attorney City Secretary
ADOPTED: December 8 2015
EFFECTIVE: 1
Ordinance No.21986-12-2015
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/812015 - Ordinance No. 21986-12-2015
DATE: Tuesday, December 08, 2015 REFERENCE NO.: **G-18618
LOG NAME: 20VEHICLE AGE LIMIT REPEAL
SUBJECT:
Adopt Ordinance Amending Various Sections of Chapter 34, "Vehicles for Hire,"Article VI, "Ground
Transportation for Hire" of the City Code of the City of Fort Worth, Texas, to Repeal Vehicle Age Limit
Requirements, to Require the Payment of Annual Fees Before the Issuance of an Operating License and to
Authorize Payment of Annual Fees on a Pro-Rated Basis (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Chapter 34, "Vehicles for
Hire,"Article VI, "Ground Transportation for Hire" of the City Code of the City of Fort Worth, Texas (2015),
as amended, to:
1. Amend Section 34-222, "Age Limits of Taxicabs; Other Vehicle Requirements,"to repeal vehicle age
limit requirements for taxicabs;
2. Amend Section 34-248, "Age Limits of Limousines; Other Vehicle Requirements," to repeal vehicle age
limit requirements for limousines;
3. Repeal Section 34-263, "Vehicle Age Limit" in its entirety to repeal vehicle age limit requirements for
shuttle service vehicles and non-emergency medical contract transport vehicles; and
4. Amend Section 34-206(b), "Annual Fees,"to require the payment of annual fees before the issuance of
an Operating License and to authorize the payment of annual fees on a pro-rated basis.
DISCUSSION:
Staff is currently reviewing the Ground Transportation for Hire Ordinance to make recommendations to
streamline the ordinance requirements for existing ground transportation operators and to regulate
Transportation Network Companies. Stakeholder meetings were held on February 12, 2015, March 12,
2015, September 25, 2015, October 16, 2015 and October 22, 2015 to obtain input from stakeholders on
potential ordinance revisions. Staff expects to present the full ordinance revisions to the City Council in
early 2016.
In the interim, current ordinance regulations do not allow vehicles to be more than five years old as
calculated from the first day of January of the model year. In addition, annual operating license fees and
annual per vehicle fees must be paid in full on January 1st of each year.
To this end, stakeholders are currently preparing to purchase new vehicles to comply with the vehicle age
limit requirements and pay the annual operating license fees and annual per vehicle fees on January 1,
2016. Because the full revisions to the ordinance will not be presented to the City Council before January
1, 2016, Staff is recommending that the City Council adopt interim measures to prevent undue financial
burdens on existing stakeholders.
Logname: 20VEHICLE AGE LIMIT REPEAL Page 1 of 2
Staff recommends that the City Council adopt the attached ordinance to repeal vehicle age limit
requirements, to require the payment of annual fees before the issuance of an Operating License and to
authorize the payment of annual fees on a pro-rated basis. These interim measures are consistent with
the anticipated recommendations for revising the entire Ground Transportation for Hire Ordinance that will
be submitted to the City Council in early 2016 and will allow current stakeholders to continue to operate
without violating the current City Ordinance.
Stakeholders will continue to be required to comply with vehicle safety inspections currently in place. Staff
will return to the City Council early in 2016 with recommended changes to the entire Ground
Transportation for Hire Ordinance and fee schedule.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on the
FY2016 Budget Appropriations. Upon adoption of the full Ordinance revisions, the FY2016 budget will be
amended to reflect the new fee structure.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (6157)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20VEHICLE AGE LIMIT REPEAL Page 2 of 2