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HomeMy WebLinkAboutOrdinance 20686-04-2013 ORDINANCE NO. 20686-04-2013 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO THE WEST 7TH PEDICAB COMPANY 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 FOUR (4) PEDICABS FOR A 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 THE WEST 7TH PEDICAB COMPANY, LLC, PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, THE WEST 7TH PEDICAB COMPANY LLC, has applied for operating authority to furnish 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 THE WEST 7TH PEDICAB COMPANY 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 FOUR (4) PEDICABS; 2. That THE WEST 7TH PEDICAB COMPANY LLC, is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of FOUR (4) PEDICABS 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. 20686-04-2013 The West 7'h Pedicab Company,LLC Page 1 of 6 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of FOUR (4) PEDICABS by THE WEST 7TH PEDICAB COMPANY 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, and any violations thereof will result in the imposition of penalties as provided by Section 34228 of the City Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT' WORTH, TEXAS THAT: SECTION 1. THE WEST 7TH PEDICAB COMPANY LLC, a LIMITED LIABILITY COMPANY, with its principal place of business and its headquarters in FORT WORTH, TAR-RANT 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 FOUR (4) PEDICABS for a one year period beginning on the effective date. SECTION 2. 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. 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. Operating Authority Ordinance Ordinance No. 20686-04-2013 The West 7"'Pedicab Company,LLC Page 2 of 6 SECTION 4. 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 pedicab service in the City of Fort Worth. SECTION 5. 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. 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 Operating Authority Ordinance Ordinance No. 20686-04-2013 The West 7"'Pedicab Company,LLC Page 3 of 6 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 c-ant 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. 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. 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. 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. Nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. Operating Authority Ordinance Ordinance No. 20686-04-2013 The West 7°i Pedicab Company, LLC Page 4 of 6 SECTION II. Any suspension orrevocation of the privileges granted herein may be 0000nop6sbed under the applicable provisions of Chapter ]4 o[ the Code o[the City o[ Fort Worth, Texas (1906)" as unzuodnd. SECTION 12. The terms and provisions of this ordinance are severable and shall be governed by Section l- 5of Chapter \ nf the Code of the City nf Fort Worth,Texas (]y00), aoamended. SECTION 13. The provisions of this ordinance abu)| be and are hereby declared to be ounon\u1ive of all provisions of the Code of the City of Fort VVvdb, Texas (1986), as amended, with respect to the regulation and operation of public podivah service vvi(kio the City's municipal |inoka, and, in the event of conflict between the provisions of this ordinance and such Code, the provisions of the City Code shall govoru and prevail. SECTION 14. /\ penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred dollars ($5O0.00). Each day that u violation cziota shall constitute u separate offense. Any violation o[this ordinance shall bnaclass [ nnimdenneuooc SECTION 15. After adoption of this ordinance, [onnpuuy obu\\ pay all required 5uoo and file with the City Secretary vvfi[teo acceptance ofthe terms and provisions hereof. Such acceptance u[and agreement to the provisions of this ordinance and grant obu|| be evidenced by the signature of the Company's authorized representative ou the final page ofthis ordinance. Operating Authority Ordinance Ordinance No. 20686-04'2013 The West 7*podioabCompany, LLC Page of 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. This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by THE WEST 7TH PEDICAB COMPANY, LLC, and publication as required by law. APPROVED AS TO FORM AND LEGALITY: k,A Charlene Sanders, Assista"'n"-t-Cit-y—A-ftorney ADOPTED: April 2, 2013 EFFECTIVE: ACCEPTED BY: THE NN'FST,7TH PEDICAB COMPANY, LLC Z DATE: Operating Authority Ordinance Ordinance No. 20686-04-2013 The West 7"'Pedicab Company, LLC Page 6 of 6 Ground Transportation Coordinator's Finding Factors For New ADDlications Under Section 34-204, in determining whether or not to recommend the granting of operating authority, the Board's shall consider, among other things, the following items: l. Probable permanency and quality of the service offered by the applicant, the applicant's experience in rendering such aum'ico in the City or similar service u|snv/kum and the applicant's past record and experience in adjusting claims and paying judgments, if any, to claimants; 2. The applicant's financial ability W provide the described service and ability to respond 0o o|uims nr judgments arising bvreason of business operations, in jury to persons, o, damage no property resulting from operation ofa pcdioobxervioe; 3. The character and condition uf the vehicles toheused; 4. lf the applicant iso corporation or other business entity,the qualification o[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 u corporation or other business entity,that of its officers, members and s{onkkn|Jeo� and 6� Such other information on presented during any public hearing that may bear on the public necessity and convenience. City of Fort Worth, Texas Mayor and Council Communication ni7.nE n�i� a,.� '.' :'i,:�m., i i',.® r.,:✓� ✓nr®e /M� �AVI /:./i0imi: // 'l m//ly „4l/„%�2l/i /1/// Ji/l/Ui //nff.;:(f,A'/ llrr/ �NAk COUNCIL ACTION:; Approved on 4/212013 - Ordinance No. 20686-04-2013 DATE: Tuesday, April 02, 2013 REFERENCE NO.: **G-17847 LOG NAIVIE: 20THE WEST 7TH PEDICAB CO. SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding Application of The West 7th Pedicab Company LLC, to Operate Four Pedicabs Within the City of Fort Worth and Adopt Ordinance Granting Such 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 four pedicabs upon the City streets, alleys and thoroughfares; b. The West 7th Pedicab Company LLC, is qualified and financially able to conduct a pedicab service within the City; c. The West 7th Pedicab Company LLC, has complied with the requirements of Chapter 34 of the City Code; d. The West 7th Pedicab Company LLC, presented facts in support of compelling demand and necessity for four pedicabs; e. The general welfare of the citizens of the City will best be served by the addition of four pedicabs upon City streets, alleys and thoroughfares; and 2. Adopt the attached ordinance granting The West 7th Pedicab Company LLC, operating authority for four pedicabs on City streets for a one-year period subject to and conditioned on The West 7th Pedicab Company LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On March 3, 2013, The West 7th Pedicab Company LLC, submitted an application requesting authority to operate four pedicabs 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, the Ground Transportation Coordinator used the attached Ground Transportation criteria to determine whether or not to recommend the granting of operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor and Council Communication (M&C) and are incorporated into this M&C for all purposes. Logname: 20TIIE WEST 7TH PEDICAB CO. Pagel oft The one-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 to be in the amount of$350.00. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Transportation and Public Works Department is responsible for the collection and deposit of fees due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccounVCenters 0001 421352 0201002 $350.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Gerald Taylor (6987) Logname: 20THE WEST 7TH PEDICAB CO. Page 2 of 2 C)