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Ordinance 11692
ORDINANCB NO. ~~~ ~p~ AN ORDINANCE AMENDING CHAPTER 34, SECTION 34- 183(A)(2) OF THE CODE OF THE CITY OF FORT WORTH, TO PROVIDE NEW INSURANCE MINIMOM COVERAGES AND REQIIIREMENTS FOR WRECKER BUSINESSES AND OPBRATOR3; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH AND HARING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES NOT IN CONFLICT; PROVIDING PENALTIES; PROVIDING A SEVERABILITY AHD SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Section 34-183(a)(2) of the Code of the City of Fort Worth, as amended, is hereby amended to read as follows: "(2) Unless the applicant shall deposit with the chief of police certificate(s) of insurance documenting the fact that the applicant has in effect a policy or policies of insurance which provide minimum limits and types of coverage as required by this ordinance, which shall be the same as the requirements mandated by the Texas Railroad Commission for the operation of tow trucks, as may be amended from time to time. The certificate(s) must be in a form which complies with that required by the Risk Management Department of the City of Fort Worth. The certificate(s) shall be duly completed and executed by an authorized representative of an insurance company or an insurance agent andjor managing broker for an insurance company authorized to transact business in the State of Texas, including, without limitation, a surplus lines insurer that meets the requirements .~'- k set out in the Texas Insurance Code, and rules adopted by the Texas Department of Insurance. SECTION 2. That the remaining provisions of Section 34-183 of the Code of the City of Fort Worth, as amended, shall remain in full force and effect. SECTION 3. 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 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 is permitted to exist constitutes a separate offense. SECTION 5. 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 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1 and 5 of this ordinance for two (2} days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. That this ordinance shall take effect upon its passage and publication as required by law, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: i--- r C ~. 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