HomeMy WebLinkAboutOrdinance 17663-07-2007ORDINANCE NO. 17663-07-2007
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO
GO GREEN TAXI, LLC 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 TWO (2) PEDICABS FOR A
THREE (3) YEAR PERIOD B,EGINIVING ON THE EFFECTIVE DATE; SPECIE'YING
THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAKIl~TG THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY GO
GREEN TAXI, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, GO GREEN TAXI, LLC has applied for operating authority to fiunish Pedicab 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 GO GREEN TAXI, LLC; 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 in the City of Fort Worth of two
(2) Pedicabs by GO GREEN TAXI, LLC;
2. That GO GREEN TAXI, LLC, is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation of two (2) 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 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 two (2)
Pedicabs by GO GREEN TAXI, LLC;
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 by GO GREEN TAXI, LLC; 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 GO GREEN TAXI LLC, a Limited Liability Company (Company) 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 Pedicab service within the said City's municipal limits
with two (2) Pedicabs for a three year period beginning on the effective date.
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SECTION 2.
That the findings and recitations contained in the preamble hereof are expressly incorporated into and made
apart 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 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 which 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 ordinance shall supersede the terms
and conditions of this ordinance to the extent they are in conflict.
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SECTION 7.
That the Company aclalowledges 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 Pedicabs operation without the consent of the City Council of the City of
Fort Worth.
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
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). Each day that a violation exists shall constitute a separate offense. Any violation of this ordinance shall be
a class C misdemeanor.
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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.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by GO
GREEN TAXI, LLC and publication as required by law.
APPROVED AS TO FORM AND IoEGALITY:
ASSISTANT CITY ATTORNEY
DATE: / ~ ~ ~ ' O
ADOPTED: July 17, 2007
EFFECTIVE: ~~~~~ ~~~~~,
ACCEPTED SY:
GO G TAXI, L
By:
Date: ~ ~ •~
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City of F®rf` ®r~th9 7°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 -Ordinance #17663-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 38GOGREEN TAXI REFERENCE NO.: G-15789
SUBJECT:
Consideration of Application and Adoption of Ordinance to Grant Go Green Taxi, LLC., Authority to
Operate Two Pedicabs Upon the City Streets, Alleys And Public Thoroughfares
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings and opinions of the City staff as presented herein;
2. Find that the public necessity and convenience requires the operation of two pedicabs upon the city
streets, alleys, and thoroughfares; and
3. Adopt the attached ordinance granting authority to Go Green Taxi, LLC., for a period of three years to
operate two pedicabs upon city streets, such ordinance being subject to and conditioned upon Go Green
Taxi , LLC., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
On June 19, 2007, Go Green Taxi, LLC., (Company) submitted an application to the City to operate a
pedicab service within the City of Fort Worth. The Ground Transportation Coordinator hereby recommends
the issuance of operating authority to the Company.
In considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section 204
of the City Code, must determine whether or not the public necessity and convenience require the operation
of such vehicles for hire and whether or not the applicant is qualified and financially able to efficiently
conduct business and render such service to the public. In determining whether or not the grant of privilege
should be made, the City Council 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;
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 pedicabs 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;
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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.
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
staff authorized to investigate the subject application. The following findings and City staff opinions are
based on review of the Company's application and from staffs independent staff investigation:
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 demand and compelling necessity for two pedicabs; and
d) The general welfare of the citizens of the city will best be served by the addition of two 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 as determined by Article 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 $200.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that Municipal Court Department is responsible for the collection and deposit
of fees due to the City from the authorized fees.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 200.00
Submitted for City Manager's Office b~ Joe Paniagua (6191)
Originating Department Head: Jackie Mitchell (6711)
Additional Information Contact: Jackie Mitchell (6711)
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