Loading...
HomeMy WebLinkAboutOrdinance 16301-02-2005ORDINANCE NO. ~~ ~~ ~~ ~~ AN ORDINANCE GRANTING TO THREEJAYS CARRIAGE, INC. THE PRIV[LEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHI=ARES OF THE CITY IN THE CONDUCT OF ITS CARRIAGE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TWO HORSE-DRAWN CARRIAGES FOR A PERIOD BEGINNING ON MARCH 8, 2005, AND END[NG ON MARCH 7, 20101; SPECIFYING THE TERMS AND GOND[TIONS OF THE GRANT; PROVIDING A SEVERAB[LITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY THREEJAYS, INC.; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Threejays Carriage Inc. ("Threejay"} has applied far the privilege 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 Section 34-204 of the Code of the City of Fort Worth (1986}, as amended, has made inquiry and investigation into the application of Threejays; and WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts made available to it, the City Gauncil finds: 1. That the public necessity and convenience require the operation in the City of Fort Worth of two {2} horseWdrawn carriages by Threejays; 2, That Threejays is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of two horse-drawn carriages upon the public streets, alleys and thoroughfares of the City of Fart Worth for the period beginning on March 8, 2005 and expiring an March 7, 2010; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of two horse-drawn carriages by Threejays; and 4. That all other requirements of Chapter 34 of the Code of the City of Fart Worth (1986), as amended, have been complied with by Threejays; 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Threejays, Incorporated, with its principal place of business and its headquarters in the City of Denton, Denton County, Texas, hereinafter referred to as "Company", is hereby granted the privilege 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 two (2} horse-drawn carriage for the period beginning March 8, 20x5 and expiring March 7, 2010. 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 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 privilege 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 maybe adapted from time to time by the City Council governing and regulating the operation of horse-drawn carriages in the City of Fort Worth. 2 ~ECTIC~N 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 c{aims ar suits, expense nr liability, for any and all property damage or loss andlor 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 privileges granted herein; and Company shall assume all liability and responsibility for same. SECTS®N 6. That the Company acknowledges that its drivers, property and operations shall be and remain subject at ail 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 Fart Worth, including the amount of street rental fees to be paid; and that upon the adoption thereof, the Company steal! begin conducting its operations in compliance with the provisions of such ordinances. 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. SECTIC)N 7. That the Company acknowledges that payment of an annual "street rental" fee, 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. 3 SECTION 8. That the Company shall be obligated to discharge any claim or judgment against it i=lnally established by law, and the failure sv tv do far a period of one hundred eighty (~ 80) days shall, ipso facto, terminate a!l authority under this grant. SECTION 9. That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (~ 986}, as amended, the Company shall not sell, Canvey or transfer this grant of privilege to any other person, firm or corporation without the prior formal consent and approval of the City Council of the City of Fork Worth, nor shall it sell, transfer, assign ar otherwise encumber its horse-drawn carriage operation without the consent of the Gity Council of the City of Fort Worth. SECTION 'I q. That nothing herein contained steal! 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 (198E), 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 Fork Worth, Texas (1986), as amended, with respect to the regulation and operation of public horse-drawn carriage 4 service within the City's municipal limits, and, in the event of conflict between the provisions of this ardinance and such Code, the provisions of the City Code shall govern and prevail. SECTION 14. That within ten (10} days after adoption of this ardinance, Company shall file with the City Secretary written acceptance of the terms and provisions hereof. Such acceptance of and agreement to the provisions of this ardinance and grant shall be evidenced by the signature of the Company's authorized representative on the final page of this ardinance. SECTION 1 ~. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. APPROVE AS TO FORM AND LEGALITY: ASSISTANT CITY ATTORNEY DATE: ADOPTED: ~ ~ l~ ~~~ EFFECTIVE: ~•P ~ ~V~,L ~~ ~Z ~~~ ~~.~.~ ACCEPTE© BY: THREEJ~P-YS, INC. By: c ~~ Title•~ _ Date: ~7 ~i ®f F®rt VI/c~r~f~, T'ea~a~ Mayor and Council Communication COUNCIL ACTION: Approved ®r~ 2122120fl5 -Ordinance No. 16301 ®ATE: Tuesday, February 22, 2005 L®G NAME: 38THREEJAY REFERENCE NQ,. **C-14£87 SUBJECT: Consideration of Application and Adoption of Ordinance Authorizing Threejays Carriage to Operate Twa Horse-Drawn Carriages within the City of Fart Worth 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 pubGG necessity and convenience require the operation of two horse-drawn carriages upon the city streets, alleys and thoroughfares; and 3. Adapt the attached ordinance granting privilege to Three jays Carriage {Corporation}, for a period of five years beginning March 8, 2Q05 and ending March 7, 2010 and authorizing the operation of two horse- drawn carriages upon city streets, such ordinance being subject to and conditioned upon Threejays Carriage complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003}, as amended. ^ISCUSSlON; On January 7, 2005, Threejays Carriage (Corporation} submitted an application to the City to operate a horse drawn carriage service with an operation of two horse drawn carriages with the City of Fort Worth. In considering the Company's application, the City Council, pursuant to Section 34-204 of the City Code, must determine whether or not the public necessity and convenience require the operation of such vehicles for hire; whether or not the applicant is qualified and tinancially able to efficiently conduct such business; and to render such service to the public. In determining whether or not the grant 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 to respond to claims or judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a horse-drawn service; 3. The character and condition of the horse-drawn carriages to be used; 4. If the applicant is a corporation, the qualification of the officers, directors and persons with an economic interest making such application and each of the above-enumerated items as it applies to each of the stockholders, officers and directors; Lo~name: 38THREEJAY Pace 1 ~f 2 5. The character and past record of the applicant and if the applicant be a corporation, of the officers, directors and stockholders; and 6. Such other information as presented during any public hearing that may bear an the public need and necessity. ~~ . In making its findings, the City Council may also consider as evidence the findings nr opinions of the City staff authorized to investigate the subject application. [n this regard, the following are the findings and opinions. of the City staff derived from the review of the Company's application and from the City staff s independent investigation: a) The Company is qualified and financially able to conduct ahorse-drawn carriage service within the City; b) The Company has complied with the requirements of Chapter 34 of the City Code; c} The Company presented facts showing the demand, compelling need and necessity for two horse- drawn carriages; and d) The genera! welfare of the citizens of the City will best be served by the addition of two horse-drawn carriages upon City streets. The potential revenue from the collection of applicable fees, as authorized in Chapter 34 of the City Code, is estimated at $400.00 annually. FISCAL INFORMATiON1CERTIFICIATI©N: The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees due to the City. TD FundlAccoi~nYlCenters FROM FundlAcco~ntlCenters GG01 421352 0134010 00.00 Submitted for City..Ma.n.ager's Office b~ Richard ~avala (Acting) {6222) 4riginatin De artment Head: Elsa Paniagua {8711) Additional Information Contact: Elsa Paniagua (6711) Logname: 38THREEJAY Pale 2 of 2