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HomeMy WebLinkAboutOrdinance 16348-03-2005oRDINANCE No. ~~~~~-03 ~~ AN ORDINANCE GRANTING TO YO TAXI PEDICABS THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES DF THE CITY IN THE CONDUCT DF ITS PEDICAB BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TEN PEDICABS FOR A PERIOD BEGINNING ON APRIL 4, 2005 AND ENDING ON APRIL 3, 20'10; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY YO TAXI PEDICABS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Yo Taxi Pedicabs ("Yo Taxi") has applied for the privilege 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 Ci#y of Fort Worth {1986), as amended, has made inquiry and investigation into the application of Yo Taxi; and WHEREAS, upon such inquiry and investigation and afterthorough 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 ten (10) pedicabs by Yo Taxi; 2. That Yo Taxi is qualified and financially able to efi:~ciently conduct such business to render such service to the public, consisting of the operation of ten pedicabs upon the public streets, alleys and thoroughfares of the City of Fort Worth for the period beginning on April 4, 2005 and expiring on April 3, 20'10; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of ten pedicabs by Yo Taxi; and 4. That all other requirements of Chapter 34 of the Gode of the City of Fort Worth {1986), as amended, have been complied with by Yo Taxi; NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1 SECTION 1. That Ya Taxi, hereinafter referred to as "Campan~', 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 pedicab service within the said City's municipal limits with ten (10) pedicabs for the period beginning April 4, 2005, and expiring April 3, 2010. 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 laws and regulations and Chapter 34 of the Cade of the City of Fort Worth (1980}, 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 Fart Worth, and all relevant provisions of Chapter 34, Cade of the City of Fart Worth (1985), as amended, and such other ordinances as maybe adopted from time to time by the City Council governing and regulating the operation of pedicabs in the City of Fort Worth. SECTI®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 al! claims or suits, expense or liability, far 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 2 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. 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 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 shall 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. SECTION 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. SECTION 8. That the Company shall be obligated to discharge any claim or judgment against it finally established by law, and the failure so to do far a period of one hundred eighty (180) 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 privilege 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 it sell, transfer, assign or otherwise 3 encumber its pedicab operation without the consent of the City Council ofi the City of Fort Worth. SECTI®N '10. That nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. SECTI®N 1'I. That any suspension or revocation of the privileges granted herein may be accomplished under the applicable provisions ofi Chapter 34 of the Cade of the City of Fort Worth, Texas (1986), as amended. SECTI®N 12. That the terms and provisions of this ordinance are severable and shall be governed by Section 1-5 ofi Chapter 1 ofi the Code of the City of Fort Worth, Texas {1986}, as amended. SECTI®N 13. That the pravisions of this ordinance shall be and are hereby declared to be cumulative of all provisions of the Code ofi the City ofi Fort Worth, Texas {1986), as amended, with respect to the regulation and operation of public pedicab service within the City's municipal limits, and, in the event of conflict between the provisions of this ordinance and such Cade, the provisions of the City Code shall govern and prevail. SECTI®IV '14. That within ten (10) days after adoption of this ordinance, 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 ordinance and grant shall be evidenced by the signature of the Company's authorized representative on the final page ofi this ordinance. SECTION 1 ~. That this ordinance shall be in full fiorce and effect from the date ofi its adoption and acceptance as hereinabave provided, TO FORM AND LEGALITY: ASSISTANT CITY ATTORNEY DATE: ADOPTED: ~~ c~3.~t~ ~~ EFFECTIVE: .ACCEP7'E® BY: Y® TAXI PE®ICABS Name ~=~~~ ~~=' ~ Title: ~u-~i'l-e ~ Date: 3 - ~~ -~ ~ City ~f F®r~ W~~-t~r, Texas Mayor and Council Communication COUNCIL ACT~{3N: Approved on 3I2912U©5 W Ordinance No. 16348-IJ3-20U5 DATE: Tuesday, March 29, 2D05 LOG NAME: 38Y0 TAXI REFERENCE NO.. *'~G-14730 SUBJECT: Consideration of Application and Adoption of an Ordinance Authorizing Yo Taxi to Operate Ten Pedicabs within the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1. Consider and adopt the Endings and opinions of the City staff as presented herein; 2. Find that the public necessity and convenience require the operation of ten pedicabs upon the cifiy streets, alleys and thoroughfares; and 3. Adapt the attached ordinance granting privilege to Yo Taxi (Sole Proprietorship}, far a period of frve years beginning April 4, 2A05 and ending April 3, 201 a and authorizing the operation of ten pedicabs upon city streets, such ordinance being subject to and conditioned upon Ya Taxi complying with al] requirements of Article IV, Chapter 34, of the Cade of the City of Fort Worth (2pQ3), as amended. DISCUSSION: On February 28, 20Ci5 Yo Taxi (Sole Proprietorship) subrttitted an application to the City to operate a pedicab service with an operation of ten pedicabs within the City of Fort Worth. In considering the Company's application, the City Council, pursuant to Section 342D4 of the City Code, must determine whether or not the public necessity and convenience require the operation of such vehicles for hire and whether or not the applicant is qualified and financially 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 fallowing 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 pedicab service; 3. The character and condition of the pedicabs to be used; 4. If the applicant is a corporation, the qualification of the officers, directors and persons with economic interest making such application and each of the above-enumerated items as it applies to each of the stockholders, officers and directors; Lagname: 3 8Y0 TAXI p,a~c 1 ni' 5. The character and past record of the applicant and if the applicant be a corporation, of its officers, directors and stockholders; and 6. Such other information as presented during any public hearing that may bear on the public need and necessity. In making its findings, the City Council may also consider as evidence the findings ar opinions of the City staff authorized to inves#igate the subject application. In #his 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 staffs independent investigation: a.) The Company is qualified and financially able to conduct a pedicab service within the city; b.) The Company has complied with the requirements of Chapter 34 of the City Cade; c.) The Company presented facts showing the demand, compelling need and necessity far ten pedicabs; and d.) The general welfare of the citizens of the city will best be served by the addition of ten pedicabs upon city streets. The potential revenue from the collection of applicable fees, as authorized in Chapter 34 of the City Cade, is estimated at $350.00. FlSCQ-L lNFORI~iATI{]NICERTfF6CAT1ON: The Finance ©irectnr certifies that Municipal Court is responsible for collection and deposit of fees due to the City. TO FundlA-ccountlCenters I=RON FundlAccountlCenters GG01 421352 0134010 3$ 50.00 Submitted i'ar_Gity Manager's Office bv: Richard Zavala {Acting} (6222} Origina~ina ©epar~ment._Head• Elsa Paniagua {6711) Additional lnforrnation Contact: EEsa Paniagua (6711) Lognarne: 38Y0 TAXI page 2 oft