HomeMy WebLinkAboutOrdinance 7937 ORDINANCE NO. 7 q 3 7
AN ORDINANCE AMENDING ORDINANCE NO. 7933
OF THE CITY OF FORT WORTH, TEXAS, AND
PROVIDING FOR: DEFINITIONS OF THE TERMS
"VEHICLE" AND "SEPARATE TRANSACTION", SALE
OF GASOLINE TO CERTAIN VEHICLES UPON
CERTAIN DAYS, PROHIBITION OF CERTAIN
CONDITIONS PRECEDENT TO BUYING GASOLINE
CERTAIN DEFENSES TO SUCH PROHIBITON,
MAXIMUM AND MINIMUM QUANTITIES IN WHICH
GASOLINE MAY BE PURCHASED AND CERTAIN
DEFENSES, AND AUTOMATIC REPEAL OF ORDINANCE
NO. 7933 AND ANY AMENDMENTS THERETO; AND
FURTHER PROVIDING FOR INCLUSION OF THE
PREAMBLE OF THIS ORDINANCE AS PART OF THE
SUBJECT MATTER OF THE ORDINANCE, CUMULATION
OF NONCONFLICTING ORDINANCES AND CODES,
SUSPENSION OF CONFLICTING ORDINANCES AND
CODES, A SAVINGS CLAUSE, A PENALTY CLAUSE,
A SEVERABILITY CLAUSE, PUBLICATION,
ENGROSSMENT, ENROLLMENT, AND AN EFFECTIVE
DATE.
WHEREAS, on July 3, 1979, William P. Clements, Jr. , Governor of
the State of Texas, issued an executive order amending Executive
Order WPC-7A, such amendment providing certain exceptions or defenses
for certain commercial vehicles, boats on trailers , and off-road
stationary agricultural, commercial, and industrial gas engines; and
WHEREAS, on July 6, 1979, this Council passed Ordinance No. 7933 ,
providing for penal measures to be applied to certain violations based
upon or related to said order WPC-7A;
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION I.
That SECTION I, Subsection F, of Ordinance No. 7933 of the City
of Fort Worth, Texas, be and is hereby amended to hereafter read as
follows:
"F. 'VEHICLE' shall include all wheeled, motor-driven
vehicles, except two-wheeled motor-driven vehicles,
and shall also include any trailer bearing a boat,
if such boat has a permanently installed fuel tank.
Such trailers shall be considered a separate and
distinct vehicle from any vehicle pulling same,
provided that for purposes of SECTION II, subsection
'A' , hereof, the license plate of the towing vehicle
shall determine the days upon which gasoline may be
supplied."
SECTION 11
That SECTION I of Ordinance No. 7933 of the City of Fort Worth,
Texas, be and is hereby amended by the addition of a new Subsection G,
which. Subsection shall hereafter read as follows:
"G. 'SEPARATE TRANSACTION" shall not include any con-
tinuous series of transactions between a dealer and
4 customer at one time and place, A temporary
cessation, departure or change of customers in
relation to a particular vehicle or container shall
not create separate transactions if done for the
purpose of creating separate transactions. Servicing
or supplying gasoline to separate and distinct vehicles
shall., however, be separate transactions,"
SECTION III.
That SECTION TI, Subsection A, of Ordinance No, 7933 of the City
of Fort Worth, Texas, be and is hereby amended to hereafter read as
follows:
"A. No dealer shall supply gasoline to any vehicle:
1. having a Texas license plate number the last
digit of which is an even number or which has
only letters and ends in a letter among the
first thirteen letters of the alphabet (A-M) ,
upon any odd-numbered day of the month, federal
holidays and the thirty-first day of any month.
having thirty-one days being excepted; or
2. having a Texas license plate number the last
digit of which is an odd number or which has
only letters and ends in a letter among the
last thirteen letters of the alphabet (N-Z) ,
upon any even-numbered day of the month, federal
holidays being excepted."
SECTION IV,
That SECTION II, Subsection B, of Ordinance No. 7933 of the City
of Fort Worth, Texas, be and is hereby amended to hereafter read as
follows:
"B. No dealer shall, during the periods he is open for
gasoline sales, refuse to sell gasoline to any
person demonstrating ability to pay for same,
except to conform with State law, Federal law,
City ordinance, State or Federal regulation, or
State or Federal executive order. Specifically,
no dealer shall:
1. Require the purchase of other goods, services,
or both. as a condition precedent to the sale
and dispensing of gasoline; provided that it
shall be a defense that such dealer operated
a carwash as his primary source of business
at the location alleged and upon the date of
offense alleged and that such carwash was in
business and readily identifiable as a car-
wash upon May 1, 1979; or
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2. Dispense gasoline on a preferential or
discriminatory basis."
SECTION V.
That SECTION II, Subsection C, of Ordinance No, 7933 of the
City of Fort Worth, Texas, be and is hereby amended to hereafter
read as follows:
"C. No dealer shall dispense for retail sale:
1. More than twenty (20) gallons of gasoline
in any single transaction or more than two
(2) gallons of gasoline into a separate
container other than the fuel tank of a
vehicle.
Defenses:
a. A dealer may provide more than twenty
(20) gallons of gasoline to any commercial
(see SECTION IV, Subsection A, 2, of this
ordinance) truck having greater than a
one-ton capacity, provided that all gasoline
provided in that transaction is introduced
into a permanently-installed fuel tank of
a single truck.
b. A dealer may dispense more than two (2)
gallons of gasoline into a separate con-
tainer if such container is the portable
fuel tank of a boat being then and there
towed upon a trailer, provided that not more
than twenty (20) gallons of gasoline is to be
provided to a single boat and vehicle combination
in a single transaction.
c. A dealer may dispense more than two (2) gallons
of gasoline into a separate container if such
gasoline is to be used for the operation of
stationary or off-road agricultural, commercial
or industrial gas engines and such container or
containers are carried upon a commercial (see
SECTION IV, Subsection A,2, of this ordinance)
vehicle; and provided that not more than twenty
(20) gallons of gasoline is to be provided in a
single transaction."
SECTION VI.
That SECTION V of Ordinance 7933 of the City of Fort Worth
Texas, be and is hereby amended to hereafter read as follows:
"SECTION V.
"That this ordinance and all amendments hereto
shall be automatically repealed and become invalid and
void upon the expiration, termination or recision of either:
"A. the Executive Order of the President of
the United States of May 29, 1979, entitled
'Delegation of Authorities Relating to Motor
Gasoline End-User Allocation, ' as amended and
as hereafter amended; or
"B. the Executive Order WPC-7A of the
Governor of the State of Texas of June 20, 1979,
as amended and as hereafter amended.
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Provided, however, that if such automatic
repeal shall occur, any accrued civil or criminal
violation, whether or not pending in court,
detected or undetected, shall not be affected,
but may be filed and prosecuted until final dis-
position by the courts."
SECTION VII,
That all of the declarations and findings contained in the
preamble of this ordinance are made a part hereof and shall be
fully effective as part of the ordained subject matter of this
ordinance.
SECTION VIII.
That this ordinance shall be cumulative of all provisions or
ordinances and the Code of the City of Fort Worth,Texas (1964) , 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, such conflicting provisions of such ordinances and Code
are hereby suspended for the period during which this ordinance is in
effect.
SECTION IX.
That all rights or 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, Texas (1964) , as amended, and of
any other ordinance 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 Code and/or other ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposi-
tion by the courts.
SECTION X.
That any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each day or portion thereof
during which any violation of any of the provisions of this ordinance
is committed, continued, or permitted, and each violation shall be
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punishable by a fine not exceeding two hundred dollars ($200.00) .
SECTION XI
That 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 void, in-
effective or unconstitutional by the valid judgment or final decree
of a court of competent jurisdiction, such voidness , ineffectiveness
or 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 in-
corporation herein of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION XII.
That the City Secretary of the City of Fort Worth is hereby
directed to publish the caption, penalty clause and effective date
of this ordinance for five (5) days in the official newspaper of the
City of Fort Worth, as authorized by Article 1176b-1, Revised Civil
Statutes of Texas.
SECTION XIII.
That the City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the caption
and penalty clause of same in the minutes of the City Council of
Fort Worth and by filing the ordinance in the ordinance records of
said City,
SECTION XIV,
That this ordinance shall be in full force and effect from and
after its passage and publication as above specified and it is so
ordained,
APPROVED AS TO FORM:
City Attorney
ADOPTED: 7 I
EFFECTIVE: " ;)_T1
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C114,11"
City of Forst Worth Texas
m,
Mayor and Council Communication
NSA&�IC " ���,Ik*pwa�u
SKMH PATE REFERENCE sUSJECTx Amendment to City Ordinance PAGE
NUMBER No. 7933 Relating to the Federally 1 I Of JONES 7/17/79 G-4245 Declared F�,�ej. E ae r w nc
Since adoption of Ordinance No. 7933 on July 6, 1979, the City has received
amendments to the Governor's Executive Order 1°7 -7 , which amendments ner.e,s-
s .ta.te amending our Ordinance "No. 7933. Copies of the communication from
the Governor's Office are appended to this M&C; for information,n, to ether
with the proposed ordinance implementing the changes.
RecoIIllTlendation
t is recommended the City Council adopt the proposed ordnance amending.
Ordinance No 7933.
RL : s
Attachment
IEUEMNTTEO FOUR T
CITY MAI�IAOER OIEPO$ITI Y COUNCILS PROCEffiEC1 "
� °�
OFFICE 8Y. �, APPROVED
ORIGINATING OTHER(OEECWBt)
DEPARTMENT HEAD: Arthur It. 2e'terse:l'o � � 7 3 '� Y SECRETARY
FOR AODITIONAL NFORMATION
CONTACT rt1 ur . 2etersen, ext. 76,Y 2417)7