HomeMy WebLinkAboutOrdinance 18081-05-2008ORDINANCE NO. 18081-05-2008
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BRAZOS CARRIAGE COMPANY, FOR THE USE OF
THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
CITY IN THE CONDUCT OF ITS HORSE DRAWN CARRIAGES
WHICH SHALL CONSIST OF THE OPERATION OF TIl[REE (3) HORSE
DRAWN CARRIAGES FOR A TT~CREE (3) YEAR PERIOD BEGINNING
ON THE EFFECTIVE DATE; SPECIFYING THE TERMS AND
CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE .CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR
WRITTEN ACCEPTANCE BY BRAZOS CAR]ELiAGE COMPANY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, BRAZOS CARRIAGE COMPANY has applied for operating authority to
furnish HORSE DRAWN CARRIAGE service on the public streets, alleys and thoroughfares
of the City; and
WIiEREAS, the City of Fort Worth, pursuant to Section 34-204 of the Code of the City
of Fort Worth (1986), as amended, has made inquiry and investigation into the application of
BRAZOS CARRIAGE COMPANY; and
WI~REAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
1. That the public necessity and convenience require the operation in the City of Fort
Worth of TI3[REE (3) HORSE DRAWN CA.-RRIAGES by BRAZOS
CA~.RRIAGE COMPANY;
2. That BRAZOS CARRIAGE COMPANY, is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting
of the operation of THREE (3) HORSE DRAWN CARRIAGES upon the
public streets, alleys and thoroughfares of the City of Fort Worth for a three (3)
year period; beginning on the effective date, which shall be upon acceptance by
the grantee and completion of the publication requirement, as determined by
Article XXV, Section 2 of the Charter of the City of Fort Worth;
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of TI3REE (3) HORSE DRAWN CARRIAGES by BRAZOS
CARRIAGE COMPANY;
and
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended, have been complied with BRAZOS CARRIAGE
COMPANY, and any violations thereof will result in the imposition of penalties
as provided by Chapter 34-228.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That BRAZOS CARRIAGE COMPANY, a SOLE PROPRIETORSHIP with its
principal place of business and its headquarters in CLEBURNE, JOHNSON COUNTY, TEXAS,
hereinafter referred to as "Company," is hereby granted operating authority to use the present
and future streets, alleys and public thoroughfares of the City of Fort Worth, Texas, in its
business of providing public HORSE DRAWN CARRIAGE service within the said City's
municipal limits with TI3[REE (3) HORSE DRAWN CARRIAGES for a three year period
beginning on the effective date.
SECTION 2.
That the fmdings and recitations contained in the preamble hereof are expressly
incorporated into and made a part of this ordinance as the fmdings of the City Council.
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SECTION 3.
That the Company, as holder of the grant, and the Company's operations hereunder, shall
be governed at all times by the provisions of state and federal laws and regulations and Chapter
34 of the Code of the City of Fort Worth (1986), as amended.
SECTION 4.
That the authority herein granted shall be and remain subject to said Company's full,
complete and satisfactory continuing compliance with all federal, state and local laws and
ordinances, including but not limited to the Charter of the City of Fort Worth, and all relevant
provisions of Chapter 34, Code of the City of Fort Worth (1986), as amended, and such other
ordinances as may be adopted from time to time by the City Council governing and regulating
the operation of HORSE DRAWN CARRIAGES in the City of Fort Worth.
SECTION 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or
responsibility in making this grant, and that by acceptance of this ordinance and grant, Company
hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
and employees, from and against any and all claims or suits, expense or liability, for any and all
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, arising out of or in connection with any acts or omissions by
Company, its officers; agents, employees, drivers, licensees, invitees and passengers, in the
exercise of the authority granted herein; and Company shall assume all liability and
responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property and operations shall be and
remain subject at all times to such reasonable regulation by the City as is or may be necessary to
protect the interests of the general public. As such, the Company understands and acknowledges
that during the term of this ordinance and grant, the City of Fort Worth may adopt such
ordinances which further regulate the operation of the Company's service within the City of Fort
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Worth, including the amount of fees to be paid; and that upon the adoption thereof, the Company
shall begin conducting its operations in compliance with the provisions of such ordinances.
Further, should the City later adopt an ordinance that would change the nature of the rights
granted under this ordinance, the city reserves the right to cancel or otherwise modify any and all
rights granted under this ordinance and issue a new grant of operating authority, as long as
Company is not in violation of any provision of Chapter 34 of the Code of the City of Fort
Worth, Texas (1986), as amended. In the event the terms and conditions of this ordinance are in
conflict with the provisions of any such ordinance adopted by the City, the provisions of such
ordinance shall supersede the terms and conditions of this ordinance to the extent they are in
conflict.
SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter
34 of the Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising
the privileges granted herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against it finally
established by law, and the failure to do so for a period of one hundred eighty (180) days shall,
ipso facto, terminate all authority under this grant.
SECTION 9.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as
amended, the Company shall not sell, convey or transfer this grant of operating authority to any
other person, firm or corporation without the prior formal consent and approval of the City
Council of the City of Fort Worth, nor shall it sell, transfer, assign or otherwise encumber its
HORSE DRAWN CARRIAGE operation without the consent of the City Council of the City of
Fort Worth.
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SECTION 10.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
SECTION 11.
That any suspension or revocation of the privileges granted herein may be accomplished
under the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended.
SECTION 12.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 13.
That the provisions of this ordinance shall be and are hereby declared to be cumulative of
all provisions of the Code of the City of Fort Worth, Texas (1986), as amended, with respect to
the regulation and operation of public HORSE DRAWN CARRIAGE service within the City's
municipal limits, and, in the event of conflict between the provisions of this ordinance and such
Code, the provisions of the City Code shall govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($500). Each day that a violation exists shall constitute a separate offense.
Any violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and file with
the City Secretary written acceptance of the terms and provisions hereof. Such acceptance of
and agreement to the provisions of this ordinance and grant shall be evidenced by the signature
of the Company's authorized representative on the final page of this ordinance.
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SECTION 16.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by BRAZOS CARRIAGE COMPANY and publication as required by law.
APPROVED AS TO FORM AND I:,EGALITY:
ASSISTANT CITY `ATTOPINEY
DATE: ~~/.~/D
ADOPTED: May 13, 2008
EFFECTIVE: "~
ACCEPTED BY:
BRA OS C GE COMPANY
~? ~~
Date: V ~f
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Cif ®f F®rt V~®rtfa, ?'axes
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/13/2008 -Ordinance No. 18081-05-2008
DATE: Tuesday, May 13, 2008
LOG NAME: 38B CARRIAGE
REFERENCE NO.: **G-16134
SUBJECT:
Consider Application to Grant Operating Authority to Brazos Carriage Company to Operate Three
Horse Drawn Carriages Upon the Streets, Alleys and Public Thoroughfares of the City of Fort Worth
and Adopt Ordinance
-~
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings and opinions of the City staff as presented herein;
2. Adopt the Ground Transportation Coordinator's findings that the public necessity and convenience
require the operation of three horse drawn carriages upon the city streets, alleys, and thoroughfares; and
3. Adopt the attached ordinance granting Brazos Carriage Company authority for a period of three years to
operate three horse drawn carriages upon city streets, such ordinance being subject to and conditioned
upon Brazos Carriage Company complying with all requirements of Article VI, of Chapter 34, of the Code of
the City of Fort Worth (1986), as amended.
DISCUSSION:
On April 4, 2008, Brazos Carriage Company (Company) submitted an application to the City to operate a
horse drawn carriage service within the City of Fort Worth.
When considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section
34-204 of the City Code, must determine whether or not to adopt the findings of the Ground Transportation
Coordinator. In determining whether or not the operating authority should be granted, the Ground
Transportation Coordinator shall have considered, among other things, the following items:
1. Probable permanency and quality of the service offered by the applicant, the applicant's experience in
rendering such service in the city or similar service elsewhere, and the applicant's past record and
experience in adjusting claims and paying judgments, if any, to claimants;
2. The applicant's financial ability to provide the described service and ability to respond to claims or
judgments arising by reason of business operations, injury to persons or damage to property resulting from
operation of a horse drawn carriage service;
3. The character and condition of the horse drawn carriage to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members, and persons with economic interest making such application and each of the above-enumerated
items as applied to each of the stockholders, officers, members and directors;
Logname: 38B CARRIAGE Page 1 of 2
5. The applicant's character and past record and, if the applicant is a corporation or other business entity,
that of its officers, directors, members and stockholders; and
6. Such other information as presented during any public hearing that may bear on the public necessity and
convenience.
The following findings and City staff opinions are derived from the review of the Company's application and
from stafFs independent investigation:
a. The Company is qualified and financially able to conduct a horse drawn carriage service within the city;
b. The Company has complied with the requirements of Chapter 34 of the City Code;
c. The Company presented facts in support of the demand and compelling necessity for three horse drawn
carriages; and
d. The general welfare of the citizens of the city will best be served by the addition of three horse drawn
carriages upon city streets, alleys, and thoroughfares. .
The three year period shall commence on the effective date, which shall be upon completion of the
publication requirement as determined by Chapter XXV, Section 2 of the Charter of the City of Fort Worth.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is
estimated at $600.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due
to the City.
TO Fund/Account/Centers FROM Fund/AccountlCenters
GG01 421352 0134010 600.00
Submitted for City Manager's Office by: Karen Montgomery (6191)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: Kimberly ONeil (6737)
Logname: 38B CARRIAGE Page 2 of 2