HomeMy WebLinkAboutOrdinance 22686-05-2017 ORDINANCE NO. 22686-05-2017
AN ORDINANCE AMENDING CHAPTER 20 (LICENSES
AND MISCELLANEOUS BUSINESS REGULATIONS) OF
THE CODE OF THE CITY OF FORT WORTH (2015), AS
AMENDED, BY REPEALING ARTICLE III, "GASOLINE
FILLING STATIONS"; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth strives to protect the health, safety, and welfare of
its citizens through reasonable exercise of its police powers; and
WHEREAS, Article III of Chapter 20 of the City Code prescribes certain inspection and
licensing requirements associated with the construction and operation of gasoline filling stations
in the City and imposes certain fees in connection therewith; and
WHEREAS, other provisions in City Code and state law also allow for the necessary
inspections for these facilities; and
WHEREAS, staff recommends repealing Article III.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Article III, "Gasoline Filling Stations," of Chapter 20, "Licenses and
Miscellaneous Business Regulations," of the Code of the City of Fort Worth, Texas (2015), as
amended, is hereby repealed in its entirety.
SECTION 2.
That this ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1964), as amended, except where provisions of this ordinance
are in direct conflict with the provisions of such ordinances and such Code, in which the
conflicting provisions of such ordinances and such Code are hereby repealed.
Ordinance No.22686-05-2017
Page I of 2
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of the 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 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 5.
The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this
ordinance by copying this caption and effective date in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION 6.
This ordinance shall take effect and be in full force and effect from and after its adoption,
and it is so ordained.
7 ROVE A TO FORM AND LEGALITY:
4
Denis C. McEI , Sr. Assistant City Attorney Mary J. C Secretary
ADOPTED AND EFFECTIVE: May 2, 2017
Ordinance No.22686-05-2017
Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/2/2017 -Ordinance No. 22686-05-2017
DATE: Tuesday, May 2, 2017 REFERENCE NO.: **G-18990
LOG NAME: 13REPEAL ORDINANCE GAS NOZZLE TAX
SUBJECT:
Adopt Ordinance Repealing Article III, "Gasoline Filling Stations," of Chapter 20, "Licenses and
Miscellaneous Business Regulations," of the Code of the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing in its entirety Article III,
"Gasoline Filling Stations," of Chapter 20, "Licenses and Miscellaneous Business Regulations," of the
Code of the City of Fort Worth.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to repeal an article in the City Code that
is no longer necessary.
Article III of Chapter 20 of the City Code imposes certain inspection and licensing requirements associated
with gasoline filling stations in the City of Fort Worth. While safe installation and operation of gasoline
filling stations impacts public health and safety, other provisions in state and local law adequately address
these issues with gas pumps being regulated by the state of Texas through the Weights and Measures
Division of the Texas State Department of Agriculture and fire and building codes providing for inspections
and permits.
Therefore, Staff is recommending that the City Council adopt the attached ordinance, repealing Article III
in its entirety.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fundl Department ccoun Project Program ctivity M61Budget Reference # mo
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Logname: 13REPEAL ORDINANCE GAS NOZZLE TAX Page 1 of 2
Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: John Samford (2318)
Logname: 13REPEAL ORDINANCE GAS NOZZLE TAX Page 2 of 2