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HomeMy WebLinkAboutOrdinance 19548-02-2011ORDINANCE NO. 19548-02-2011 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO NORTH STAR CARRIAGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS HORSE-DRAWN CARRIAGE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF FOUR (4) HORSE- DRAWN CARRIAGES FOR A THREE (3) YEAR PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAHING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY; PROVH)ING FOR WRITTEN ACCEPTANCE BY NORTH STAR CARRIAGE; PROVIDING FOR PUBLICATION; AND PROVH)ING FOR AN EFFECTIVE DATE. WHEREAS, NORTH STAR CARRIAGE has applied for operating authority to furnish HORSE-DRAWN CARRIAGE 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 NORTH STAR CARRIAGE; 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 of FOUR (4) HORSE-DRAWN CARRIAGES in the City of Fort Worth; 2. That NORTH STAR CARRIAGE is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of FOUR (4) 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 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 FOUR (4) HORSE-DRAWN CARRIAGES by NORTH STAR CARRIAGE 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 NORTH STAR CARRIAGE 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 NORTH STAR CARRIAGE, a PARTNERSHIP, with its principal place of business and its headquarters in KRUM, DENTON 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 FOUR (4) 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. 2 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 that further regulate the operation of the Company's service within the City of Fort 3 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. 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 horse-drawn carriage operation without the consent of the Fort Worth City Council. 4 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 ($500.00). 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. 5 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. SECTION 17. That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by NORTH STAR CARRIAGE and publication as required by law. FORM AND LEGALITY: CITY A~`TORNEY DATE: ADOPTED: February 15, 2011 EFFECTIVE: ~ a'O ~ ACCEPTED BY: NORTH STAR C AGE ''`~ ~.- / J Date• ~~ 2 ~j ~J 6 City of Fort Worth, Texas Mayor and Council Communication ~~~ .~T~ ~~ ~r COUNCIL ACTION: Approved on 2/15/2011 -Ordinance No. 19548-02-2011 DATE: Tuesday, February 15, 2011 .~ y REFERENCE NO.: **G-17208 LOG NAME: 20NORTH STAR CARRIAGE SUBJECT: Approve the Findings of Ground Transportation Coordinator Regarding Application of North Star Carriage to Operate Four Horse-Drawn Carriages Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (COUNCIL DISTRICTS 2 and 9) 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 four horse-drawn carriages upon the City streets, alleys and thoroughfares; b. North Star Carriage is qualified and financially able to conduct ahorse-drawn carriage service within the City; c. North Star Carriage has complied with the requirements of Chapter 34 of the City Code; d. North Star Carriage presented facts in support of compelling demand and necessity for four horse- drawn carriages; e. The general welfare of the citizens of the City will best be served by the addition of four horse-drawn carriages upon City streets, alleys and thoroughfares; and 2. Adopt the attached ordinance granting North Star Carriage operating authority for four horse-drawn carriages on City streets for a three year period subject to and conditioned on North Star Carriage complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On December 29, 2010, North Star Carriage (Company) submitted an application requesting authority to operate ahorse-drawn carriage 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 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 Logname: 20NORTH STAR CARRIAGE Page 1 of 3 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 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 ahorse-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 four horse-drawn carriages; and d. The general welfare of the citizens of the City will best be served by the addition of four 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 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 is estimated at $800.00. Under City Code, operating authority for horse-drawn carriages is generally limited to designated areas in the Stockyards and downtown (COUNCIL DISTRICTS 2 and 9) unless a special street-user permit is granted by the director of the Transportation and Public Works Department. 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: FROM Fund/Account/Centers 800.00 Fernando Costa (6122) Logname: 20NORTH STAR CARRIAGE Page 2 of 3 Originating Department Head: William A. Verkest P.E. (7801) Additional Information Contact: Gerald Taylor (6987) Logname: 20NORTH STAR CARRIAGE Page 3 of 3