HomeMy WebLinkAboutOrdinance 15753ORDINANCE NO. ~ - _ ~ .._ '
AN ORDINANCE GRANTING TO ALL ABOUT TOWN PEDICABS, L.L.C
THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS PEDIGAB
BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF FOUR
PEDICABS FOR A PERIOD BEGINNING ON NOVEMBER 25, 2003,
AND ENDING ON NOVEMBER 24, 2008; SPECIFYING THE TERMS
AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY ALL
ABOUT TOWN PEDICABS, L.L.G; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, All About Town Pedicabs, L.L.C ("All About Town") 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
City of Fort Worth (1986), as amended, has made inquiry and investigation into the
application of All About Town; 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 by All About Town;
2. That All About Town is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the
operation of four pedicabs upon the public streets, alleys and
thoroughfares of the City of Fort Worth for the period beginning on
Nc r~, ~~~? ~~ :'~. 2C?C~ ~ and expiring on No .~~ ~~~ber ~ -~, 208,
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= i {~~~t .3 ' 'E'~ ft~Crl F1 L'1E'.I't5 ~)1 ~,f'-c3~?1<.'r `;.~ ~f illt~ Cs;.~(;F' :~f ~'lE' ~,li'~ l'( F rr
V~lQrth ~~ 9B6 ), ~s ~rnenc~ed, k~aue t~cen cc~r~~~lied ~tiith by Al! Abau~ Tc~wr~,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That All About Town, 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 pedicab service within the
said City's municipal limits with four {4} pedicabs for the period beginning November 25,
2003, and expiring November 24, 2408.
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 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 adopted from time to time by the City
Oouncil governing and regulating the operation of ~edica~s in the Ci#y of Fort Worth
SECTION 5.
t'',t tr,, i r~, 1' -1 ~t' .. r ";''~'~ 3~ +~' t,' ,i } rt ~~1ftY=; ,3' lt'l~ pi t~
(~ ~~_,,~~;?'1:, `,II!iti Ifl f11~1K'~f'CJ ;f115 ,~raf"1 i. d'1:=~ t-'fat :-; aCt~i;l7ia~~C;t' (J~ t~llS Lf(j~1?ant.l; <311(~
grant, Company hereby agrees to indemnify. hold harmless and defend the City of Fort
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i'
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 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 Fort 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 establisi,~.~' ~y law. a~i~-? ~fhe~ failure so fa do far a period of one hundred eighty
,_ ',' ..
SECTION 9.
h~3t ,;ursu<3nt t ~;r~~.3t~tt_r ;~~t t?f thf~ ~,,,,,, „f ~~~ C`!t,- cif E~rt ~.n~C7rth, T~x~1s i l ~~~;>~> ~.
as amended. the Company shall not sell. ~: ~~ivey or transfer this grant of privilege to any
~r ~ 3' .. '.' ~ ~ f~ .' ,` ~' ,j~ ~ ;'
City Council of the City of Fort Worth, nor shall it sell, transfer, assign or otherwise
encumber its pedicab operation without the consent of the City Council of the City of
Fort Worth.
SECTION 10.
That nothing herein contained sha11 be held or construed to confer upon the
Company exclusive rights ar 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 (1986}, 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 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 Cade shall govern and prevail.
SECTION 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
3~":k';?}."3f~('t? Ot ,3C~~~ <`3(~rt?E?R'f?f'± t(; ~~lE? j~'O`,;SIOCIS r)f t~11S OrCjl(~c3f1Ct"? ~3I1(~ (~~f~3C?~ ~f~1~3~ ~1E',
SECTION '15.
That this ordinance shall be in full farce and effect from the date of its adoption
and acceptance as hereinabave provided.
APPROVED AS TO FORM AND LEGALITY:
A551~TANT CITY ATTORNEY ~``~
DATE:
ADOPTED:
EFFECTIVE:
ACCEPTED BY:
ALL ABOUT TOWN PEDICABS, ~.L.C
By:
Name:
Title:
Date:
City of Fort Uiflor~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on fifilfi8/2003 -Ordinance No. 15753
DATE: Tuesday, November 3 8, 2003
LO!G NAME: 38ABOUT TOWN REFERENCE NO.: **G-14153
SUBJECT:
Consideration of Application of All About Town Pedicabs, L.L.G. to Operate Four Pedicabs within
the City of Fort Worth
RECOMMENDATION:
!t is recommended that the City Council:
1. Consider and adopt the findings of City staff as presented herein; and
2. Find that public necessity and convenience require the operation of four {4) pedicabs upon City streets,
alleys and thoroughfares; and
3. Adopt the attached ordinance granting privilege to A// About Town Pedicabs, L.L.G. for a period of five
years beginning November 25, 2003, and expiring November 24, 2008, and authorizing the operation of
four (4} pedicabs upon City streets, such ordinance being subject to and conditioned upon All About Town
Pedicabs, L.LG. complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort
1lVorth (2003}, as amended.
DISCUSSION:
On October 17, 2003, A// About Tawn Pedicabs, L.L.G. submitted to the City a completed application to
operate a pedicab service within the City of Fort Worth. In considering the application, the City Council,
pursuant to Section 34-204 of the City Cade, must determine whether or not the public necessity and
convenience require the operation of such vehicle for hire, and whether ar 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 an ~l quality of fhe service offered by the applicant, the experience the
applicant has in render~n~; -,,~h se~rv~ce in the City or s!milar service elsewhere and the past
- ~' .
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2, ~._ ~i u' ~ia'~ a~:I'y L~f ~e aF;~ ~~~ani }~r'V1dC ~~ SC'vl~e dc'S~rI~JeC1 a~~l': ,
_ al(?1$
~ j~.aCar?,eritS ar!SIr1C bV re~SOr? 0{ bUSIr1eSS C~erc3tlO~lS Or !~~l)Ur'y `,0 N~e~$O~,~S. Gf '"3^~~Ce `,C
property result+ng from operation of a ped!cab service: ar~d
~pa ';L'c~,~~} 2~'lC~ ~Or, ~ ttn~, :~ +}~e •-7,S 1 .,y
f" aC~S JSr_'. ~~
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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 or opinions of the City
staff authorized to investigate the subject application. In this regard, the following are the findings and
opinions of City stafF derived from the review of AI! Abouf Town pedicabs, C. C.C.`s {the Company}
application and from staffs independent investigation:
a} The Company is qualified and financially able to conduct a pedicab service within the City; and
b} The Company has complied with the requirements of Chapter 34 of the City Code; and
c} The Company presented facts showing the compelling demand, need and necessity far four
pedicabs; and
d} The general welfare of the citizens of the City will best be served by the addition of four pedicabs
upon City streets.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is
estimated at $300.
FISCAL tNFORMATIONICERTIFICATION:
The Finance Director certifies that the Municipal Court Department is reponsible for the collection and
deposit of funds due to the City.
TO Fund/AccountlCenters FROM FundlAccountlCenters
GG01 421352 0134010 300.00
Submitted for City Manager's Office b}r~ Richard Zavala {Acting} {6183}
Originating Department Nead: Elsa Paniagua {6711}
Additional Information Contact. Eisa Paniagua {6711 }
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