HomeMy WebLinkAboutOrdinance 19521-01-2011ORDINANCE NO. 19521-01-2011
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO LONESTAR BIKECAB FOR THE USE OF THE
STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY IN
THE CONDUCT OF ITS PEDICAB BUSINESS, WHICH SHALL CONSIST
OF THE OPERATION OF FIFTEEN (15) PEDICABS, 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 LONESTAR BIKECAB; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, LONESTAR BIKECAB has applied for operating authority to furnish
PEDICABS service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, 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
LONESTAR BIKECAB; and,
WHEREAS, 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 of FIFTEEN (15)
PEDICABS in the City of Fort Worth;
2. That LONESTAR BIKECAB is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of
FIFTEEN (15) PEDICABS 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 Chapter XXV, Section 2 of the Charter of the City of
Fort Worth and Section 34-205 of the City Code of Ordinances;
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of FIFTEEN (15) PEDICABS by LONESTAR BIKECAB;
and,
1
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended, have been complied with by LONESTAR BIKECAB, and any
violations thereof will result in the imposition of penalties as provided by Section 34-
228 of the City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That LONESTAR BIKECAB, a SOLE PROPRIETORSHIP with its principal place of
business and its headquarters in HOUSTON, HARRIS 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 pedicab
service within the said City's municipal limits with FIFTEEN (15) PEDICABS 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 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
2
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 pedicabs 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
that further regulate the operation of the Company's service within the City of Fort 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 later-adopted ordinance shall
supersede the terms and conditions of this ordinance to the extent they are in conflict.
3
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 the Company sell, transfer, assign, or otherwise encumber its
pedicab operation without the consent of the Fort Worth City Council.
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.
4
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 pedicab 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 ($500.00). 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.
SECTION 16.
The City Secretary of the City of Fort 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 52.013 of the Texas Local Government Code; Chapter XXV of the
Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
5
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by LONESTAR BIKECAB, and publication as required by law.
AS ~0 PORM AND LEGALITY:
ASSISTAINT CITY AT~pRNEY
DATE:
ADOPTED: January 25, 2011
EFFECTIVE: l~ ~
ACCEPTED BY:
LONESTAR BIKECAB
~ ~-'
DATE: I ° ~ ~ "" ~
City of Fort Worth, Texas
Mayor and Council Communication
.. .. lq~~At»R r<3i#.w ... .. z. ~V'J~, t::~t i~: 111tlW1CTV :.i »': `n~5..~~~tJ.'•r'.~G~n~YIR~i'.'i'. ~ •N~h Ki:~._Nm~'1 fA hq~t~ h ia'! ;:1~
~ I
COUNCIL ACTION: Approved on 1/25/2011 -Ordinance. Na: 19521-01-2011
~.~„
DATE: Tuesday, January 25, 2011 REFERENCE NO.: '"G-17180
LOG NAME: 20LONESTAR BIKECABS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding the Application of LoneStar
BikeCAB to Operate Fifteen Pedicabs Within the City of Fort Worth and Adopt Ordinance 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 fifteen pedicabs upon the City streets,
alleys, and thoroughfares;
b. LoneStar BikeCAB is qualified and financially able to conduct a pedicab service within the City;
c. LoneStar BikeCAB has complied with the requirements of Chapter 34 of the City Code;
d. LoneStar BikeCAB presented facts in support of compelling demand and necessity for fifteen
pedicabs;
e. The general welfare of the citizens of the City will best be served by the addition of fifteen pedicabs
upon City streets, alleys, and thoroughfares; and
2. Adopt the attached ordinance granting LoneStar BikeCAB operating authority for fifteen pedicabs on
City streets for a three year period subject to and conditioned on LoneStar BikeCAB complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On December 10, 2010, LoneStar BikeCAB (Company) submitted an application requesting authority to
operate a pedicab service within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve, or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-204, in determining whether or not to recommend the
granting of operating authority, the Ground Transportation Coordinator shall consider, 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;
Logname: 20LONESTAR BIKECABS Page I of 2
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 pedicab service;
3. The character and condition of the vehicles 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-numbered
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, 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 Ground Transportation Coordinator recommends approval based on the following findings:
a. The Company is qualified and financially able to conduct a pedicab 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 fifteen pedicabs;
and
d. The general welfare of the citizens of the City will best be served by the addition of fifteen pedicabs
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 in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 are estimated at
$900.00.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
GG01 421352 0201002
CERTIFICATIONS:
Submitted for City Manager's Office by;
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
900.00
Fernando Costa (6122)
William A. Verkest P.E. (7801)
Gerald Taylor (6987)
Logname: 20LONESTAR BIKECABS Page 2 of 2