HomeMy WebLinkAboutOrdinance 20746-05-2013 ORDINANCE NO. 20746-05-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CLARENCE JAMES MILLER d/b/a PANTHER CITY
CARRIAGE COMPANY FOR THE USE OF THE STREETS, ALLEYS, AND
PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
HORSE-DRAWN CARRIAGE BUSINESS, WHICH SI-IALL CONSIST OF
THE OPERATION OF FOUR (4) HORSE-DRAWN CARRIAGE FOR A ONE
(1) YEAR PERIOD BEGINNING ON THE EFFEC'T'IVE 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 CLARENCE JAMES
MILLER D/B/A PANTHER CTCY CARRIAGE COMPANY; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted CLARENCE JAMES MILLER
d/b/a PANTHER CITY CARRIAGE COMPANY the authority to operate a horse-drawn carriage
service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY has applied for renewal of its 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 Sections 34-204 and 34-221 of the Code of
the City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY; 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 CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY has performed satisfactorily under the terms of its operating authority;
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Operating Authority Ordinance(Renewal) Page ) of7
2. That the service provided continues to meet the public necessity and convenience as
defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended;
3. That CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY 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 CARRIAGE 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;
4. That CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY continues to comply with the requirements of Chapter 34 of the Code
of the City of Fort Worth, Texas (1986), as amended, and any violations thereof will
result in the imposition of penalties as provided by Section 34-228 of the City Code
of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of FOUR (4) HORSE-DRAWN CARRIAGE by
CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
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SECTION I.
That CLARENCE JAMES MILLER d/b/a PANTHER CITY CARRIAGE
COMPANY, a SOLE PROPRITORSHIP with its principal local 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 horse-
drawn carriage service within the said City's municipal limits with FOUR (4) HORSE-DRAWN
CARRIAGE for a one 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.
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. taws and regulations and Chapter 34 of
the Code of the City of Fort Worth, Texas (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, Texas (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.
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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 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 teens and conditions of this ordinance to the extent they are in conflict.
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SECTION 7.
That the Company aukoow|eJren that payment oF required fees, as specified in Chapter 34
of the Code o[ the City ofFort Worth, Texas ()y8@` as amended, ixa requisite Wexercising the
privileges granted herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against it finally
established bv law, and the failure k> d000 for u period of one hundred eighty (\8[) 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, ovuvcy, or transfer this grant of operating authority to any
other person, §nn, or corporation without the prior fboou| consent and approval of the City Council
of the City of Fort Worth, no, shall the Company ao||, transfer, assign, or otboopioc encumber its
horse-drawn carriage operation without the consent ofthe Fort Worth City Council.
SECTION 10.
That nothing herein contained mbe\l be bc}d or construed to confer upon the Company
exclusive rights or privileges uf any nature whatsoever.
SECTION 11,
That any suspension or ,ovocuiiuo of the privileges granted herein may be ucuoruylisboJ
under the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986),
as amended.
SECTION 12.
That the icuna and provisions of this ordinance are severable and ebu|| be governed by
Section l-5of Chapter l of the Code of the City of Fort Worth,Texas (|Y06)` uaamended.
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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 (1906), as amended, with respect to the
rn8u|u1inu and operation of public horse-drawn carriage service within the City's municipal ]inoiia,
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.
/\ penalty may be imposed for violations of this ordinance in an amount not to exceed five
hundred dollars ($500.O0). Each day that u violation exists shall constitute u separate offense. Any
violation of this ordinance shall beu class Cmisdemeanor.
SECTION 15.
That after adoption of this ordinance, Company ahu]| pay all required fees and fiio 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 obu)| be evidenced by the signature of the
Company's authorized representative oo the final page of this ordinance.
SECTION 10.
The City Secretary of the City of Fort Worth, Texas, is bczcby directed to publish the caption
and penalty of this ordinance for two (2) days in the nffiuia| newspaper of the City of Fort Worth,
Texas, as authorized by 8eodou 52.013 of the Texas [moo| Goverri-ment Code; Chapter J{7{\/ of the
Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
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SECTION 37.
That this ordinance shall take effect upon adoption; acceptance of the arrant and payment of
the fee by CLARENCE JAMES MILLER dJb/a PANTHER CITY CARRIAGE COMPANY
and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders, Assistant City Attorney
ADOPTED: May 14, 2013
EFFECTIVE ��'°:3
ACCEPTED :BY:
CLARENCE JAMES MILLER d/b/a
PANTHER CITY CARRIAGE COMPANY
_ � d
DATE: �i
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Operating Authority Ordinance(Renewal) Page 7 of 7
Ground Transportation Coordinator's Fin—d—ing Factors for New Applications
Under Section 34-204' in determining whether ornot to recommend the granting of operating
authority, the Board's shall consider,among other things,the following items:
l. Probable p:omuoouuy and quality of the service offered by the applicant, the uppbouut'a
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 finuucia\ ability toprovide the described service and ability to respond to claims
or judgments arising by zeuoou of business operations, injury topersons, or damage to property
resulting from operation ufu vehicle for hire service;
3 The character and condition u/the vehicles tn6nuaod�
,
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 uhumo»cr and past record uod, if the applicant is o onrpnradon or other business
entity,that uf its officers,members and stockholders;
0. Whether the vehicles subject to the request are either licensed in Du8um or dedicated to Fort
Worth or neighboring areas;
7. Such other intbnnudou as presented during any public 6ex6mg that may hoor on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/14/2013 - Ordinance No. 20746-05-2013
DATE: Tuesday, May 14, 2013 REFERENCE NO.: **G-17890
LOG NAME: 20PANTHER CITY CARRIAGE COMPANY
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Application of Clarence James Miller
d/b/a Panther City Carriage Company 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. Clarence James Miller d/b/a Panther City Carriage Company is qualified and financially able to
conduct a carriage service within the City;
c. Clarence James Miller d/b/a Panther City Carriage Company has complied with the requirements of
Chapter 34 of the City Code;
d. Clarence James Miller d/b/a Panther City Carriage Company 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 Clarence James Miller d/b/a Panther City Carriage Company
operating authority for four horse-drawn carriages on City streets for a one-year period subject to and
conditioned on Clarence James Miller d/b/a Panther City Carriage Company complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On April 24, 2013, Clarence James Miller d/b/a Panther City Carriage Company, submitted an application
seeking to operate four horse-drawn carriages 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 in determining whether 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: 20PANTHER CITY CARRIAGE COMPANY Page I of 2
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$900.00.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 421352 0201002 $900.00
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: 20PANTHER CITY CARRIAGE COMPANY Page 2 oft