HomeMy WebLinkAboutOrdinance 15201--
ORDINANCE NO. /~~~ /
AN ORDINANCE AMENDING CHAPTER 30, "STREETS AND
SIDEWALKS" OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, ARTICLE VI, "VALET PARKING",
SECTION 30-99 REQUIRING INSURANCE BY THE VALET
SERVICE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND NAMING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted the Valet Parking Ordinance on May 7, 2002;
WHEREAS, the Valet Ordinance currently requires Valet Service operators to maintain
certain liability and limits including Commercial General Liability;
WHEREAS, Commercial General Liability does not protect the Valet Service while
driving an automobile on a public street;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 30, Article VI, Section 30-99 of the Code of the City of Fort Worth,
"Insurance", is amended to read as follows
SEC.30-99.INSURANCE.
(a) A licensee shall procure, or cause to be procured, and keep in full force and
effect, and shall keep on file with the director, a policy of Garage Liability and
Garage Keepers Liability insurance, as evidenced by a certificate of insurance
issued by a casualty insurance company authorized to do business in this state and
accepted by the Risk Management Division of the Finance Department. The
insured provisions of the policy must name the City of Fort Worth, and its officers
and employees, as additional insureds and the coverage provisions must insure the
public from loss or damage that may arise to any person or property by reason of
the operation of a valet parking service by the licensee.
(b) The Garage Liability insurance shall provide liability for bodily injury and
property damage resulting from the garage operations or operations of any auto
whether or not owned by the insured and shall be in the minimum limit of
Valet Parking Ordinance
CRL20020812v4
1
$1,000,000; other than garage operations which shall be $1,000,000 per
occurrence and an aggregate of $2,000,000.
(c) In addition, the Garage Keepers insurance must provide a limit of liability for
property damage of not less than $1,000,000 for vehicles in the care custody and
control of the licensee. Maximum deductibles shall not exceed $1,000 per unit,
$5,000 per loss Comprehensive, and $1,000 for Collision.
(d) The insurance policy required by Subsection (a) of this section shall contain
an endorsement which provides for ten (10) days notice to the director in the
event of any material change or cancellation of the policy.
(e) Upon the Director's approval, an exception to the following requirements may
be made if the exclusion of Garage Liability is waived and endorsed by the
Commercial General Liability insurance policy to include Garage Operations.
(f) This section does not preclude additional or more stringent requirements for
valet parking services operated under a contract with the City.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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 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,
paragraphs and sections of this ordinance, since the same would have been enacted by the
Valet Parking Ordina~ice
CRL20020812v4 2
City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4.
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 not more than Five Hundred Dollars ($500.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 5.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 6.
This ordinance shall be effective upon its passage and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
By:
ADOPTED: ~~~ I (3c~
EFFECTIVE: ~ ~~ I ~~
Valet Parking Ordiiiaiice
CRL20020812v4 3
.~
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/27/02 **G-13708 13VALET 1 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 30, ARTICLE VI "VALET
PARKING", SECTION 30-99 OF THE CITY CODE
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the insurance
requirements in Chapter 30, Article VI, "Valet Parking" Section 30-99 of the City Code.
DISCUSSION:
On May 7, 2002 (M&C G-13616), the City Council adopted Ordinance No. 15092 regulating valet
parking services in the City's right-of-way. Currently, this ordinance requires Commercial General
Liability and Garage Keepers Liability insurance coverage.
After further research by the Finance Department, Risk Management Division, it has been determined
that the insurance requirements should be revised in an effort to establish lines and limits of coverage
more applicable to valet operations. The provision to procure and maintain Commercial General
Liability should be deleted and replaced with a requirement for Garage Liability, a policy providing for
liability for bodily injury and property damage resulting from the garage operations or operations of any
auto whether or not owned by the insured and with a minimum limit of $1,000,000 per occurrence, with
a $2,000,000 aggregate.
In addition, limits for Garage Keepers Liability insurance have been changed as follows:
FROM
$1,000,000 combined single limit
$2,000,000 aggregate
TO
$1, 000, 000 limit
and
Maximum Deductible
$1,000 per unit
$5,000 per loss Comprehensive
$1,000 for Collision
The Transportation and Public Works Department, Street Management Division has reviewed and
concurs with this request and will advise the valet operators and business owners of this revision upon
approval.
City of Fort Worth, Texas
Mayor and Council Communication
DATE
8/27/02 REFERENCE NUMBER
**G-13708 LOG NAME
13VALET PAGE
2 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 30, ARTICLE VI "VALET
PARKING", SECTION 30-99 OF THE CITY CODE
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
CB:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Jim Keyes 8517 (from) APPROVED 08/27/02
ORD.# 15201
Additional Information Contact:
Sue Haupt 7761