HomeMy WebLinkAboutOrdinance 20886-09-2013 ORDINANCE NO. 20886-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO GO GREEN TAXI, 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 TWO
(2)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 ALI, ORDINANCES; PROVIDING FOR A PENALTY;
PROVIDING FOR WRITTEN ACCEPTANCE BY GO GREEN TAXI, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, GO GREEN TAXI, LLC, has applied for operating authority to furnish PEDICAB
service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, GO GREEN TAXI, LLC 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 Section 34-204 of the Code of the City of Fort
Worth (1986), as amended, has made inquiry and investigation into the application of GO GREEN TAXI,
LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
rnade available to it, the City Council finds that:
I The public necessity and convenience require the operation of TWO (2) PEDICABS in the
City of Fort Worth;
2. GO GREEN TAXI, LLC is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation of TWO (2)
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;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
TWO (2)PEDICABS by GO GREEN TAXI,LLC;
and,
4. That GO GREEN TAXI, LLC 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
Ordinance No. 20886-09-2013
Page 1 of 5
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 TWO (2)PEDICABS by GO GREEN TAXI,LLC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT;
SECTION 1.
GO GREEN TAXI, LLC, a LIMITED LIABILITY COMPANY, with its principal place of
business and its headquarters in ARLINGTON, 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 pedicab service within the
said City's municipal limits with TWO (2) 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.
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
linuted 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 pedicabs in the City of Fort Worth.
Ordinance No. 20886-09-2013
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SECTION 5.
The Company acknowledges that the City of Fort Worth annomox no |io6Jhy or responsibility in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to indemnify,
bold harmless and defend the City ufFort VVm1h, its officers, a&ents, and emp|oyees, from and against any
and all claims orsuits, 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 ofo/ io connection with
any acts or ooduoioou by Company, its officers, agents, ooup|oyoca, drivers, liceoxnex, iovhnoa and
passengers, in the xxoccimo of the authority granted herein; arid Company n6ai| assume all liability and
responsibility for same.
SECTION 6.
The Company acknowledges that its drivcm, property and operations sbu|| be and remain subject at
all dmou to such reasonable ro8u|oduo 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 t}�s ordinance
and grant, the City of Fort Worth may adopt such ooJioaooe* that further regulate the operation of the
Company's service within the City of Fort Worth, including the amount of fees tohe paid; and that upon the
adoption thereof, the Company abu|| begin conducting its operations in compliance with the provisions of
such on]iuuu000. Further, uboo|d the City later adopt an onJiou000 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 o new g/uu1 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 or6iouuon are in oouRiu1 with the provisions of any such
ordinance adopted by the City, the provisions ofsuch later-adopted ordinance shall supersede the terms and
conditions of this ordinance to the extent they are inconflict.
SECTION 7.
The Company acknowledges that payment ofrequired fons, as specified in Chapter 34of the Code o[
the City of Fort Worth,Texas(|Y06),uaamended, iau requisite to exercising the privileges granted herein.
SECTION 8.
The Company shall be obligated 10 discharge any claim oz judgment against it finally established 6y
law, and the Cuilv,n to Jo mu for a period of one huoJnrJ eighty (180) days x6a||, ipso facto, tecozuu10 all
authority under this grant.
Ordinance No 20886-09-2013
Page 3 of
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.
SECTION 11.
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(1986), as amended.
SECTION 12.
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.
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 (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 Code, the provisions of the City Code shall govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred
dollars ($500.00). Each day that a violation exists shall constitute a separate offense. Any violation of this
ordinance shall be a class C misdemeanor.
SECTION 15.
After adoption of this ordinance, Company shall pay all required fees and file with the City Secretary
written acceptance of the terms and provisions hereof. Such acceptance of and agreement to the provisions
Ordinance No. 20886-09-2013
Page 4 of 5
of this ordinance and grant shall be evidenced by the signature of the Company's authorized representative
on the final page of this ordinance.
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
GO GREEN TAXI,LLC,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
%,
<
Mary J. KIS i ecretary
ASSISTANT CITY ATTORN
ADOPTED: September 10, 2013
EFFECTIVE.)�/,�,
ACCEPTED BY,
GO GREEN TAXI,IA,C
441
DATE:
Ordinance No, 20886-09-2013
Page 5 of 5
Ground Transwrtation Coordinator Findinp_Factor
Under Section 34-271, subsection(b) in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other ddngs.
the following items:
U\ The holder has perfon-ned satisfactorily under the terms of the operating authority;
(2) The service provided continues mbo necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 9110/2013 - Ordinance No.. 20886-09-2013
DATE: Tuesday, September 10, 2013 REFERENCE NO.: **G-17987
LOG NAME: 2000 GREEN TAXI
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Go Green
Taxi, LLC, to Operate Two Pedicabs 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. Go Green Taxi, LLC, has performed satisfactorily under the terms of its operating authority;
b. The service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the City Code;
c. Go Green Taxi, LLC, is qualified to conduct its business and continues to comply with the
requirements of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation of two
pedicabs by Go Green Taxi, LLC and;
2. Adopt the attached ordinance granting Go Green Taxi, LLC, authority to operate two pedicabs on City
streets, alleys and thoroughfares for a one-year period subject to and conditioned on Go Green Taxi, LLC,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
Go Green Taxi, LLC (Company), was granted operating authority for three pedicabs on July 20, 2010
(M&C G-16986, Ordinance No. 19230-07-2010). The initial operating authority was for a period of three-
years. On August 15, 2013, the Company submitted a renewal application seeking to operate two
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 34-271, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the renewal 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.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 20GO GREEN TAXI Page 1 of 2
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$250.00.
FISCAL INFORMATION I 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/AccounVCenters FROM Fund/Account/Centers
GG01 421352 0201002 $250.00
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: 2000 GREEN TAX] Page 2 of 2