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HomeMy WebLinkAboutOrdinance 23980-12-2019 ORDINANCE NO.23980-12-2019 AN ORDINANCE AMENDING CHAPTER 22 "MOTOR VEHICLES AND TRAFFIC,"ARTICLE VI"STOPPING,STANDING,PARKING,"DIVISION 1 "GENERALLY," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY AMENDING SECTION 22-191 "ESTABLISHMENT OF ZONES AND MAXIMUM PARKING TIME THEREIN; ESTABLISHMENT OF FEES"; 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. WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect the public safety and preserve the quality of life within the City; and WHEREAS,City staff and key stakeholders identified a lack of available on-street parking due to long term parking and lack of turn over as a significant concern for the district and businesses in the West 7th Urban Village Core; WHEREAS,the current variable rate structure and on-street parking in the West 7th Urban Village Core has contributed to a decline in business during the day; WHEREAS, it is advisable to amend Chapter 22 of the Code of the City of Fort Worth, Texas (2015), as amended, ("City Code") to modify the parking rate structure in the West 7th Urban Village Core; 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 22 "Motor Vehicles and Traffic," Article VI "Stopping, Standing and Parking," Division 1 "Generally," Section 22-191 "Establishment of Zones and Maximum Parking Time Therein; Establishment of Fees" of the City Code is hereby amended to modify the parking rates in the West 7th Urban Village Core to be and read as follows: § 22-191 ESTABLISHMENT OF ZONES AND MAXIMUM PARKING TIME THEREIN; ESTABLISHMENT OF FEES. (a) The traffic engineer is hereby authorized to designate parking meter zones upon any street or portion of street where it is determined, upon the basis of an engineering and traffic Chapter 22, Sec.22-191 Ordinance No.23980-12-2019 Page 1 of 4 investigation, that the installation of parking meters shall be necessary to aid in the regulation, control or inspection of vehicles which are parked or operated on public streets. The parking of vehicles in such parking meter zones shall be controlled and regulated by parking meters installed and maintained by the designee of the director of the transportation and public works department and located upon the curb either adjacent to the parking space or at one or more locations within the block face. (b) A designee of the director of the transportation and public works department may designate the maximum parking time for each parking meter, basing the decision upon the investigation set forth above. The designee is hereby authorized to establish parking meter fees for any parking meter that has been placed upon any street or other property owned or controlled by the city. (c) The fees for parking shall be paid in the currency of the United States of America. The following fees are hereby established for public parking at any parking meter that is governed by this section: (1) Except for in the West 7th Urban Village Core, short-term parking fees (less than four hours) will be a rate between $0.20 and $0.25 for each ten minutes. These rates include any applicable sales tax. Short-term parking fees shall apply to a meter during time periods for which the meter has been designated for short-term parking use only. The designee of the director of transportation and public works makes this designation and establishes the rate based upon the public's need for parking availability. Short-term parking helps ensure that a space is not used for lengthy periods of time by one vehicle. (2) In the West 71h Urban Village Core, the parking fees shall be as follows: (i) from 10:00 am to 5:00 pm, two hours of free parking and a $3.00 rate for the third hour after the allotted two hours of free parking; and (ii) from 5:00 pm to 10:00 pm, a rate of$3.00 per hour with no free parking. These rates include any applicable sales tax. Parking fees shall apply to a meter during time periods for which the meter has been designated for parking use only. The designee of the director of transportation and public works makes this designation and establishes the rate in the West 7th Urban Village Core based upon the public's need for parking availability. (3) Long-term parking fees (four hours or more): A parking rate between $0.05 and $0.125 for each ten minutes. These rates include any applicable sales tax. Long-term parking fees shall apply at meters during those periods in which they have not been designated for short-term parking use. (4) Parking rate for assigned permit spaces for mobility impaired employees: $100 per month. (d) Without limiting the options available to the designee of the director of transportation and public works, the times and days designated for short-term or long-term parking may vary. Chapter 22, Sec.22-191 Ordinance No.23980-12-2019 Page 2 of 4 SECTION 2. 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 3. 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 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. Violation of the provisions of this ordinance shall be civil offenses subject to civil penalties and fines pursuant to the procedures for administrative adjudication as set forth in Chapter 10 of this Code. Accordingly, any person, firm, or corporation who violates this ordinance related to the parking, stopping or standing of vehicles shall be fined in an amount not exceeding two hundred dollars ($200.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 6. 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 7. All other provisions of Chapter 22 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. Chapter 22, Sec.22-191 Ordinance No.23980-12-2019 Page 3 of 4 SECTION S. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ATTEST: Assistant City Attorney Mary J. Kay r, City Secretary FORT ADOPTED: December 10, 2019 U` `_ EFFECTIVE: �L�,r,ibe ,� J�J 0Po19 Chapter 22, Sec.22-191 Ordinance No.23980-12-2019 Page 4 of 4 �f after 4?It al T ,09 West nth Urban Village Coreorth�I Council District: 9 .r, M * r� D d WE _ ST AT PC f, - Are•. I � - _ �{ � y F A . WEST 7TH STREET - _ City of Fort Worth, Texas Mayor and Council Communication DATE: 12/10/19 M&C FILE NUMBER: M&C 19-0373 LOG NAME: 2020WEST 7TH URBAN VILLAGE CORE ON STREET PARKING RATES II SUBJECT Adopt Ordinance Amending Chapter 22, Section 22-191 of the City Code to Modify Parking Meter Rates within West 7th Urban Village Core for On-Street Parking Meters to be Effective December 13,2019(COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council Adopt the attached ordinance amending Chapter 22,Section 22-191 of the City Code to modify parking meter rates within West 7th Urban Village Core for On-Street Parking Meters to be effective December 13,2019. DISCUSSION: On May 15th 2018,City Council approved Staffs recommendation to establish metered parking in the West 7th Urban Village. Parking meters were installed with a variable rate structure on August 29,2018 in the West 7th Urban Village with hours of operation from 10:00 a.m.to 10:00 p.m. Since implementation,staff has continued to work with the West 7th stakeholders and are proposing a modification to the rate structure based on that feedback. The stakeholders support a new rate structure to encourage retail and customers coming into the area.This proposed rate structure will allow two hours of free parking daily,between 10:00 a.m.and 5:00 p.m.,within a three-hour tiered rate structure.A$3.00 rate would be charged for the third hour if a patron stays beyond their allotted two hours of free parking and a$3.00 per hour rate between 5:00 p.m.and 10:00 p.m. Implementation of the new fee structure will be effective on December 13,2019.The meters within the West 7th Urban Village Core are located within COUNCIL DISTRICT 9. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinances,funds will be available as appropriated of the Municipal Parking Fund and the Municipal Parking Capital Fund budgets and that the Transportation and Public Works Department staff is responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office by: Dana Burghdoff 8018 Oriainating Business Unit Head: William Johnson 7801 Additional Information Contact: Tanya Brooks 7861