HomeMy WebLinkAboutOrdinance 20504-11-2012 ORDINANCE NO. 20504-11-2012
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO COWTOWN CYCLE PUB, LLC, FOR THE USE OF THE
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN
THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL
CONSIST OF THE OPERATION OF ONE (I) GROUP CYCLE FOR ONE (1)
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 COWTOWN CYCLE PUB, LLC,
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, COWTOWN CYCLE PUB, LLC, has applied for operating authority to
furnish shuttle 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
COWTOWN CYCLE PUB,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 ONE (1) GROUP CYCLE;
2. That COWTOWN CYCLE PUB, LLC, is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of
the operation of ONE (1) GROUP CYCLE upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a one (1) 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;
Operating Authority Ordinance Ordinance No. 20504-11-2012
Cowtown Cycle Pub,, LLC Pagel of`6
3. That the general welfare of the citizens of Fort YVodb will best be served by the
operation of ONE (DGROUP CYCLE hvCOWTOWN CYCLE PUB, LLC;
and,
4. That all other requirements of Chapter 34 of the Code of the City ofFort Worth
(1986), as amended, have been complied with, and any violations thereof will result
in the imposition of penalties as provided by Sccdno 34-228 of the City Code of
Ordinances.
NOW, THEREFORE, BBIT00DATNBDBY THE CITY COUNCIL Of THE CITY Of
FORT WORTH, TEXAS:
SECTION 1.
That COWTOWN CYCLE PUB, LLC, a CORPORATION, with its principal y|oct of
humiuexo and its headquarters in DDCSO1[O, DALLAS COUNTY, TEXAS, hereinafter referred 10
uo'^C000pany'" imhereby granted operating authority lo use the present and [otuco streets, alleys and
public thoroughfares of the City of Fort 0Vodb, Texas, in its houioono of providing public shuttle
service ni1kio the said City's municipal limits with ONE (l) GROUP CYCLE for u one year
period begiu-niogop the effective date.
SECTION 2'
That the fiodiugaand recitations contained iu the preamble hereof are expressly incorporated
into and made u part of this ordinance uu 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 |ovva and regulations and Chapter 34 of
the Code of the City of Fort Worth (l986), aaamended.
Operating Authority Ordinance Ordinance No.20504-11'2012
Cow-town Cyc\o Pub, LCC Page 2o[6
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 shuttle service 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 harn-iless 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,
Operating Authority Ordinance Ordinance No.20504-11-2012
Cowtown Cycle Pub, LLC Page 3 of 6
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 (ISO) 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
shuttle 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.
Operatino 0 Authority Ordinance Ordinance No.20504-11-2012
Cow-town Cycle Pub,LLC Page 4 of 6
SECTION 11.
That any suspension or revocation of the privileges granted herein may be accomplished
under the applicable provisions u[Chapter 34of the Code of the City of Fort Worth, Texas (l486)'
as amended.
SECTION 12'
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter l of the Code of the City nf 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 \9onb` Texas (1986), as amended, with respect to the
regulation and operation of public oboU)e service mdtbio the City's municipal }inoitx' and, in the
event o[conflict between the provisions of this ordinance and such Code, the provisions mf the City
Code shall govern and prevail.
SECTION 14.
/\ penalty may be imposed for violations of this ordinance in uu amount not toexceed five
hundred dollars ($500). Each day that uviolation exists wbu\1 constitute uoepurute offense. Any
violation of this ordinance shall bro class Cmisdemeanor.
SECTION 25.
That after adoption of this ordinance, Company shall pay all required fees and file with the
City Secretary written uoceptu000 of the terms and provisions hereof. Such acceptance of and
agreement tothe 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.
Operating Authority Ordinance Ordinance No.2V504'l|-20l2
Cow-town Cycle Pub,LLC Page 5of6
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 COWTOWN CYCLE PUB, LLC, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
l
N elf. O
ASSI A T ATTORNEY
DATE:
ADOPTED: November 12 2012
EFFECTIVE:
ACCEPTED BY:
COWTOWN CYCLE PUB,LLC
,
PC,
DATE: r
Operating Authority Ordinance Ordinance No.20504-t 1-2012
Cowtown Cycle Pub, LLC Page 6 of 6
Ground Transportation Coordinator Findin2 Factors
Under Section }4-204, in determining whether or not to recommend the granting of operating
uudhodty, the Ground Transportation Coordinator shall consider, among other things, the following items:
). pnubab|u ponnun000y and quality of the service offered by the applicant, the applicant's
oxpednouo ioroodcniogsuch service in the City orxixii|arservice elsewhere and the applicant's
past record and experience ioadjusting claims and paying judgments, if any, toclaimants;
2. The applicant's fi0000io| ability to provide the described service and ability iu respond to claims
or judgments x6uio8 by reason of business operations, injury to por000m, or damage to property
rcoubiu8 �onnoperubouofu limousine service;
l The character and condition ofthe vehicles to be used;
'
4. 1f the applicant isu corporation or other business entity, the guoUficatiouof the officers, directors,
meoz6orm and persons with economic interest making such application and each of the above-
numbered items as applied iueach n[the stockholders,officers, membcu and directors;
5. The applicant's character and past record and, if the applicant is u corporation or other business
entity,that of its officers, members and stockholders; and
6. Such other iofooneboo as presented during any public hearing that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
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. . ACTION: Approved on 11/1212012 -Ordinance,No. 20504-11-2012,
DATE: K4onday, November 12, 2012 REFERENCE NO.: G-17740
LOG NAME: 20GRDUP CYCLE SERVICE
Approve Findings of Ground Transportation Coordinator Regarding Application ofCOvvkown Cycle Pub.
LLC. to Operate One Group Cycle Within the City of Fort Worth and Adopt Ordinance Granting Authority
(ALL COUNCIL DISTRICTS)
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 one group cycle upon the City
atree\s, alleys and thoroughfares-,
b Cowtoxvn {|yo|e Pub. LLC, is qualified and financially able to conduct group cycle service within
the City;
c. Cowhzw/n Cycle Pub, LLC' will comply with the requirements of Chapter 34 of the Qty Code.
including the new requirements regarding group cycle services;
d. Cuvvtovvn Cycle Pub. LLC, presented facts in support of compelling demand and necessity for one
group cycle;
e. The general welfare of the citizens of the City will best be served by the addition of one group cycle
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Cowdown Cycle Pub. LLC, authority to operate one group cycle
on City streets, alleys and thoroughfares for a one year period subject toand conditioned on Cowtovvn
Cycle Pub, LLC}, complying with all requirements of Chapter J4. Article VI of the {}ode of the City of Fort
Worth (1986), as amended.
DISCUSSION:
On August 7. 2012, Covvbow/n Cycle Pub, LLC /Companv\, submitted an application requesting authority to
operate one group cycle within the City of Fort Worth. A group cycle vehicle is m non mok>hzed. trolley-
shaped vehicle that carries up to sixteen people. VVhi|o the passengers peda|, the group cycle operator
steers the vehicle on m pre-approved route. The Company plans to provide a cycling tour of downtown.
The Company will comply with the new provisions to the City Code regarding group cycle services.
Pursuant to Section 34-205 of the City Cnde, when considering the Company's application, the Qty
Council must determine whether or not to odopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-204. the Ground Transportation Coordinator used the
Loguumo: 2OO8OOP CYCLE SERVICE Page \ of
attached Ground Transportation chheho to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Finding Factors are attached to this Mayor and Council
Communication and are incorporated into this Mayor and Council Communication for all purposes.
The one year period ohoU oomnnanoa on the effective date, which shall be upon acceptance by the
grantee and oonnp|ohon of the publication requirement in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-2D5of the Code ofOrdinances.
The potential annual revenue from the collection of applicable fees under Chapter 34is estimated toboin
the amount of$2OO.O0.
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.
CENTERS:FUND TO Fund/Account/C enters FROM Fu nd/Accou nt/C enters
GG01 421352 0201002 $200,00
CERTIFICATIONS:Submifted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head: Douglas VV. yWeraig (7801)
Additional Information Contact: Gerald Taylor (6087)