Loading...
HomeMy WebLinkAboutOrdinance 17016-06-2006ORDINANCE NO. 17016~Q6w2QQ6 AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO ALL ABOUT TOWN PEDICAB TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF FORT WORTH IN ACCORDANCE WITH ARTICLE VI, CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; AND PI~.OVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 8, 2004, the City Council approved Ordinance #15992 (M&C 6- 14377) granting privilege to All About Town Pedicab to operate four (4) Pedicabs upon the city streets, alleys and thoroughfares subject to About Town Pedicab's compliance with all requircments of Article VI, Chapter 34, of the Code o£ the City of port Worth (2003), as amended ("City Code"}; and WHEREAS, City Code Section 34-220 requires the grant of privilege holder to maintain a specified amount and character of insurance coverage far vehicles for hire for continued operation under the grant; and `WHEREAS, an or about December 8, 2004, the City was notified that All About Town Pedicab had failed to maintain the required insurance coverage pursuant to City Cade Section 34-220; and WHEREAS, pursuant to City Code Section 34207{b), notice was properly given and a hearing was held on January 26, 2006 affording All About Town Pedicab the opportunity to disprove any and all charges and allegations set out in the notice; the Hearing Officer found that All About Town Pedicab failed to maintain the required insurance and was therefore not in compliance with Section 34-224 of the City Code; and WHEREAS, the City Council may revoke, repeal and cancel the grant of privilege made to All About Town Pedicab under Article Vl, Section 34-207, of the City Code if such holder 1 reaches a condition which the City Council does not deem the holder able to pay in fu11 reasonable claims for damages which might be legally established and confirmed. NOW, THEREFORE, BE iT ORDAINEII BY THE CITY COUNCIL, OF T1~IE CITY OF FONT WORTH, TEXAS: SECTION 1. That All About Town Pedicab's ("Company"} privilege to use floe 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 is hereby revoked, and the Company shall immediately cease operation of its four (4) pedicabs upon city streets. SECTION 2. That this revocation shall render the grant of privilege completely null and void and of no further force and effect, and. the Cozz~pany shall be prohibited froze. applying for a grant of privilege for two (2) years. SECTION ~. 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 4 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 (2003}, as amended, with respect to the regulation and operation of public pedicab service within the City's municipal limits, and, iza the event of conflict between the provisions of this ordinance and such Code, the provisions of the City Code shall govern and prevail. 2 SECTION S. This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ASSISTANT C T(Y ATTORNEY DATE: ~ i C~, 71 r~ ADOPTED: June 20 200b EFFECTIVE: June 20, 2006 Mayor and Council Communication COUNCIL ACTION: Approved on 612012Q06 -Ordinance No. '17'Q'16-06-2QQ6 DATE: Tuesday, June 20, 2006 LOG NAIM~E: 38ABOUT TOWN ~,-,__ REFERENCE NO.: G-'1525Q SUBJECT: Consideration of Revoca#ion of the Gran# of Privilege Granted to All About Town Pedicab for Non- compliance with Article Vl, Chapter 34, Section 34-220 and 34222 of the Cade of the City of Fort Worth (2003} as Amended; and Adopt Attached Ordinance RECOMNIEN®Ai"ION. It is recommended that the City Council: 1. Consider and adopt the findings and opinions of the City staff as presented herein; and 2. Adopt the attached ordinance to revoke the grant of privilege granted to All About Tawn Pedicab for failure to maintain insurance coverage as required under Article Vl, Chapter 34, Section 220 and failure to pay required fees in compliance with Chapter 34, Section 222, of the Code of the City of Fart Worth (2003) as amended. D[SCUSSI©N. On June 8, 2004, (M&C G-14377) the City Council approved Ordinance No.15992 granting privilege to All About Town Pedicab to operate four pedicabs upon the city streets, alleys and thoroughfares subject to All About Town Pedicab's compliance with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. On December 8, 2004, All About Town Pedicab was notified that the Company was not in compliance with Chapter 34, Section 34-220 of the City Code that requires grant of privilege holders to maintain insurance coverage in force as required by the City Cade. Follow-up correspondence an January 5, 2005, February 1, 2005 and August 9, 2005, was sent to the Campany regarding the requirement for insurance coverage and payment of annual fees that are due on or before January 1st of earn calendar years as required under Section 34-222. The Fort Worth Ground Transportafian Coordinator requested a nearing on the matter of revoking A[I About Town Pedicab's grant of privilege for failure to maintain insurance coverage and failure to pay required fees. A hearing was conducted on January 25, 2005, regarding the revocation of Ali About Town Pedicab's grant of privilege. Evidence was presented and the Hearing Officer found that the Company has hat shown proof of financial responsibility to provide services, pursuant to Chapter 34, Section 220, since October 15, 2004. Based an the foregoing facts and provisions of applicable City Ordinance, the Hearing Officer concludes there is cause for revocation and authorizes the motion to revoke All About Town Pedicab's grant of privilege. The City Council may revoke the grant of privilege made to All About Town Pedicab under the terms of Article Vl, Chapter 34, Section 220 and Section 222 of the Code of the City of Forfi Worth (2003), as Lognarne: 38ABOUT TOWN t'age 1 of 2 amended. In event of such revocation, the grant shail be thereafter completely null and void and of no further force and effect. The revocation of the holder's grant of privilege shall be in full farce for two years. It is therefore recommended that the City Council revoke the grant of privilege granted to All About Town Pedicab on .iune 8, 2004, requiring the Company to immediately cease operation of its four pedicabs upon city streets, alleys and thoroughfares. FiSCAt.. 1NFORMATlONlC~RTIFICATION: The Finance I]irector certifies that this action will have no material effect on City funds. TO 1r=undlAccountiCenters FROM FundlAccn~ntlCenters SuComitted for City Manager`s Office Eay Richard Zavala (Acting) (8222) Origins#ing ©er~artment Head: Elsa Paniagua (8711) Additional Infprmation Contac#: Elsa Paniagua (6711) Logname: 38ABOUT TOWN Page 2 of 2