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HomeMy WebLinkAboutOrdinance 18370-12-2008ORDINANCE NO. 18310-12-2008 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO WEST FORK CARRIAGE SERVICE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS CARRIAGE BUSINESS WHICH SHALL CONSIST OF THE OPERATION OF TWO (2) HORSE-DRA1'b'N CARRIAGES FOR A THREE (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 WEST FORK CARRIAGE SERVICE, PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, WEST FORK CARRIAGE SERVICE has applied for operating authority to furnish CARRIAGE service on the public streets, alleys and thoroughfares of the City; and WHEREAS, the City of Fart 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 WEST FORK CARRIAGE SERVICE; and WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts made available to it, the City Council finds: That the public necessity and convenience require the operation in the City of Fort Worth of TW'O {2) HORSE-DRAWN CARRIAGES; 2. That WEST FORK. CARRIAGE SERVICE, is gl~alifed and financially able to Cifl~l~llTl~ ~l~ill~ll~'I ~lllll ~~ll~in~~~ f~T CCIIC~~I ~UCII ~~fA ~~~; fig t}1C p~I~11C. Cc~11~l~~fn~._' ~,~~;',~1~ ~~,~~~r;~l~;~,, ,~l 1~~O (~) HOfZ~(-:-I)K ~~~ \ ( ~IZ111 ~<~F:~ ~~.~;~~~~:~ ~I~~~ ~u~1~1~;~ i~~'~i~_ ,1:.`~'\~ ,lllu '~1~~'~?L1C~;i:11~C~ ~~l ~1~' ( 11\ i~l ~ ~)I~l ~~~~11'1 1~~1 ~l .~IC~'~' ( `) A~JC ,~~?~,~~!: l~c_~na:~~,~ ,~~~ ll:~ ~'Iii~~li~~~ ~l~.it~~. ~~I~i~l~ Tali I,~~ uE~~,~~ :i"~E~t:u~~~~ h. ('n~ ~,r~int~~~ ~u~~1 ~~,n~~~l~~(i~,n ~~f~ 11~~~ ~~uhli~ali~~n rc~~uir~~u~~nt. ~i~ ~~~l~rn~ii~~~i h~ .~rii~l~ ~~~~r S~~~tiu~~ ~ ~r1 [I~c {~l~art~:~~ ul tic C~it} ~l l~rt b'~~rth; 1 3. That the general welfare of the citizens of Fart Worth will best be served by the aperation of TWO (2) HORSE-DRAWN CARRIAGES by WEST FORK CARRIAGE SERVICE 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 WEST FORK CARRIAGE SERVICE, 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 WEST FORK CARRIAGE SERVICE, a Sole Proprietorship with its principal place of business and its headquarters in FORT WORTH, TARRANT 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 Carriage service within the said City's municipal Iimits with TWO (Z) HORSE-DRAWN CARRIAGES for a three year period beginning on the effective date. SECTION 2. That the findings and recitations contained in the preamble hereof are expressly incorporated into and made a part of this ordinance as the findings of the City Council. SECTION 3. That the Company, as hai,!~r of-the r.~~~t; and th~~ t`~mi~~.~~;;r's ~~nerati~~n~~. hereunder, shall be gaverned at all tlm~ by tiles ! ..'•~~~[~~ i'i >}.ia .lliil i [1~'!.~~ In~t n. d,~ii ~-~il1~IL~Gi~ ~YtCI Cllaptef` 34 of the Code of the City of Fort 'vl urti~ (1 ~~~}, as amen.lc d. 2 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 3~, Code of the City of Fort Worth (196}, as amended, and such other ordinances as maybe adopted from time to time by the City Council governing and regulating the operation of 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 andlor 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 far 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 pubhe. As such, the Company understands and acknowledges that during the term of this ~~rdinance and grist, the City of Fort Worth may adopt ~urh ~1 c irl.t~li'~. ~t ~',~ ii i 'it l~`I T+.:'_l:l-l~~r 1l5r; C7peratlC7n ©~ the ~ ompany'S Ser4'1Ce GV°[tliin the C11~ ~~! 1 tai"t .~ ~,r~l~_ nx ur~~s .~;ti amount ~, f t~• be paidr and that ~~F~,+n the adoption thereof the Comh.>>.y ~31.1~4 ~?C;._'111 C~~fiiluCting 1tS 4~(?~~1...~II~~I Y. i71 C~tilt~?771; 1',~C `.? I~-i [~1C provlSlOnS of SUCH OrdmanCeS. Ftrr~hrr_ ~Ix~uld the C~it, 1<<icr :~~lr,,t :u: urriu~ii~u !Iru ~~~~~ul:i change the nature of the rights ~'. It C~.j L I tjil f'l'• ~~li~:;l3ill C, Iai I ~. :"t SCi~1 C>'. j7l l' I'~.'~'_( lip ~dI t1~C~ ." tfl~i~ . ~,C P1~1tj i ~ ;:fty and all (s sue a ne ~ ;long as Company is not in violation of any provision of Chapter 3~ of the Code of the City of Fort Worth, Texas {198b}, as amended. In the event the terms and conditions of this ordinance are in conflict with the provisions of any such ordinance adapted by the City, the prov°isions 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 gamed 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 gant. 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 gant of operating authority to any other person, firm ar 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 carriage operation without the consent of the City Council of the City of Fort Worth, SECTION Ia ~) ~ i' t~{li ' _ ~1t'rC ` ~:~n.(~~,!,~ti =~~ ~~~ i7i' held or Construed tip ~~.~t,lt'! '~ti,on the t_+~i>>,'-,`i":' ~ _l~:yJil i_ll;> . 1 ~~Il'•.lii _ • {~I ~llA ;),ltUii: u~111~-~~t:Y'er. 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 Fart 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 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 far 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 1S. That after adoption of this ordinance, Company shall pay all required fees and file with the City Secretary written acceptance of the terms and praviz:ians hereof Such accep+;~nce of and ag~z'et~n~:cia [r, thy: nr~ pi~~:~~ ~t` n,; t ~t'i~,~a;l. ° .i ;~Ip, n-` ;I.~I (,: e:ide~tced by f'ie ~i~>>~;i[~ii~e at the ~UlilMall: ~ .i-_13 !1t~C Ctl It~' l ~~~='. i;i~ly l i71~1 lf~.~ i t'1<ti j~ I 'C ; ~! ~ht, i~f iPl.;ll:l rJ SECTION Ifi. The City Secretary of the City of Fart Worth, Texas, is hereby directed to publish the caption and penalty of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52,613, Texas Local Government Code and section 34-205 of the Cade of the City of Fort Worth. SECTION 17. That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by WEST FORK CARRIAGE SERVICE and publication as required by law. APP,~BVED AS~TI} FO ND LEGALITY: ADOPTED: December 2 2008 r L ASSISTAY'I (I'1'l' ATTORNEY .~ DATE: EFFECfiIVE: ~-~~~r ~t _ ,- AccEPTED I3v WEST FORK CARRIAGE SERVICE l e' 1 Date• 6 City of Form Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/2/2008 -Ord. No. 18370-12-2448 DATE: Tuesday, December 02, 20Q8 LOG NAME: 20WEST FORK REFERENCE NO.: **G-16367 SUBJECT: Approve the Findings of the Ground Transportation Coordinator Regarding West Fork Carriage Service's Application to Operate Twa Harse-Drawn Carriages Upon the Streets, Alleys and Public Thoroughfares of the City of Fort Worth and Adopt ©rdinance Granting Such Authority RECOMMENDATION: It is recommended that the City Council: 1. Consider and adopt the following findings of the Ground Transportation Coordinator: a. The public necessity and convenience require the operation of two horse-drawn carriages upon the City streets, alleys and thoroughfares; b. West Fork Carriage Service is qualified and financially able to conduct horse-drawn carriages within the City; c. West Fork Carriage Service has complied with the requirements of Chapter 34 of the City Code; d. West Fork Carriage Service presented facts in support of compelling demand and necessity for two horse-drawn carriages; e. The general welfare of the citizens of the City will best be served by the addition of two horse-drawn carriages upon City streets, alleys and thoroughfares; and 2. Adopt the attached ordinance granting West Fork Carriage Service operating authority for two horse- drawn carriages on City streets for a three year period `rf West Fork Carnage Service complies with atl requirements of Chapter 34, Article VI, Division 3 of the Cade of the City of Fort Workh {1956), as amended. DlCU~3SI~ht: t?n November 1S, 20CJ.3, {P~1&C G-14156 the City Council authorized a c,_rant of priviie~te to West Fork Carriage Service t^ ~ ~~ate five horse-drawn carriages on the streets a~i.. v~ tiny? th^~rnu~~h{tires ~~f Fort Worth On Qctober 21 ~ ~~8~, West Fork Carnage Service {Companys sabr::~±ted a rene~.val app6catior to continue operating two horse-drawn carriages within the City of Fort V'Jorth_ Pursuant to Chapter 34, Article Vl, Division 3, Section 34-205 of the City Code, ~.^.hen considering the Company's application, tle Ciiy Caur~sil mu ~t determine whether or not ~~~ adopt, approve or ce~firm the `~r ~_,-,a of the Ground 'fansc~~~~t<a~i_~n '=~Fafor. E.fnder Section 34 ~_f, in '- rs?>>~u~~:a ~;ti~~tE ~ ~ ~ ~ n f to the Ground T~ ~ ~ ~. , 1. Pn; ab~~ perr~~~7en :and 2 .y of the service of`cred by the applicant, the applicant's e~cpenence in Logname: 2UWEST FORS Page t oft 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 ar judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a limousine service; 3. The character and condition of the horse-drawn service 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; 5. The applicant's character and past record and, if the applicant is a corporation or other business entity, that of its officers, members and stockholders; and 6. Such other information as presented during any public hearing that may bear on the public necessity and convenience. The Ground Transportation Gaordinator made the following findings and recommends approval: a. The Company is qualified and financially able to conduct ahorse-drawn 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 compelling demand and necessity for two horse-drawn carriages; and d. The general welfare of the citizens of the City will best be served by the addition of two horse-drawn carriages upon City streets, alleys and thoroughfares. The three year period shall commence on the effective date, which shall be upon acceptance by the grantee and completion of the publication requirement, as required by Chapter XXV, Section 2 of the Charter of the City of Fart Worth. The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be $400.00. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services director certifies that Transportation and Public Works is responsible far the collection and deposit of fees due to the City. fif}_Fund!AccauntJCenters_ FROM Fund/Account/Centers , , Submitted for Gity Manager's Office ~- F~.~~iv<;~:~c Costa (0122# Originating Department Head: Greg '~in~,~~c~,~s {r'8~2) Milo Robinson {2448} Additional Information. Contact: Logname: 20WEST PC7RK Page 2 of 2