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HomeMy WebLinkAboutOrdinance 15755i, ORDINANCE NO. ~ ~ ~ -. AN ORDINANCE GRANTING TO CLASSIC CARRIAGES THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS HORSE- DRAWN CARRIAGE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF FIVE HORSE-DRAWN CARRIAGES 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 CLASSIC CARRIAGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Classic Carriages ("Classic"} has applied for the privilege to furnish horse-drawn carriage service on the public streets, alleys and thoroughfares of the City; and WHEREAS, the Gity 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 Classic; 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 five (5} horse-drawn carriages by Classic Carriages {Classic}; 2. That Classic is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of five horse-drawn carriages upon the public streets, alleys and thc~raughfa~~s r~,f t~z~ City of Fort '.".`~.~rt!~ for thE~~ t !~riod k~eginning on ~~j ~I~t.' O,.t?rc 3?C)!1 !if f 1"E'. hC)f `~t '-~~i;-3'."J (~~~ !. ~3C~1 ~3 Cif,':. ~~~55;.;, r ~ c~ ~ l ~, 4. That all ether requirements of Chapter 34 of the Code of the City of Fort ~d~I<)rth , ~ c'~f=, i, ~3S aIT~F?ll~a~~~~; ha'. r~ !">E='f"1 C;Olll',~~IF'(~ ,.,With h`d ~,a5sl~, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIt_ OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Classic Carriages, a sole proprietorship with its principal place of business and its headquarters in the City of Fort Worth, Tarrant 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 Fart Worth, Texas, in its business of providing public horse-drawn carriage service within the said City's municipal limits with five (5} horse-drawn carriages for the period beginning November 25, 2043, and expiring November 24, 2008. 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 Gouneil. 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 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 amen~~'ed, and s~r,-h <~th~~;r crdinar ~ ~~ ~~~~,~'~ ~ ~i~ted fr_,_m time t~~ ti"~ by~ the City ,,, , ~+~„ ~ tF~ ,~,~ ~)~ , +rtf1 I C? Thaf the Com~~any acknowledges that the City of Fort Worth assumes no liability 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 ail claims or suits, expense or 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. 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 Fart 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 Gity of Fart Worth, Texas (1986, as amended, is a requisite to exercising the privileges granted herein. SECTIC}N 8. '; , ,' E'tii 3. ~ `~ <3'~~ , ~lfl~~; [~l. ~;3 ufr, ti., il' r;,i {(!_ 3 ~it'f '~ .;~ iiili' r;L~Ili;fr ~ ;flt'y ~: ins ~i~~31i, i,~s~~ ~~~r:~o . tE~r~ni~~~~tE <~II ~~uit,c nt~, ~it~a~r th,s c~r~~;~ 3 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 Gity Council of the City of Fort Worth, nor shall it sell, transfer, assign or otherwise encumber its horse-drawn carriage operation without the consent of the City Council of the City of Fort Worth. SECTION 1 Q, That nothing herein contained shall 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 Fart 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 Gity of Fort Worth, Texas {1986}, as amended, with respect to the regulation and operation of public horse-drawn carriage service within the City's municipal limits, and, in the event of conflict between the rn.~~sinns cif this ordnance and su' n ~r~de the r~r~~~~isions of the Eity Co~fr~ ~h~311 c;rn~ern .;i:. SECTION 14. That within ten f10) days after adoption of this ordinance. Com}~~any shall file with f~F= Cifv SecrF:t~~r~, .~.ritten ~3c~c;er,t~~nc~=> of thr~ tF:~rms rind t)rn~~is~ons hereof. S~ich 4 evidenced by the signature of the Company's authorized representative on the final page of this ordinance. SECTION 15. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. APPROV3 AS TQ FORM AND ~EGAUTY: ASSIST NT CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ACCEPTED BY: CLASSIC CARRIAGES ~r. ~, By. ~ i Name ..~ evidenced by the signature of the Company's authorized representative on the final page of this ordinance. SECTIQN 15. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. APPROVED AS TO FORM AND LEGALITY: I _ ~--~ _ _~.. ~ -~~__ . ASSISTANT.-CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ACCEPTED BY: C<_ASSIC CARRIAGES By: Name Title; .t, City of Fort earth, Texas ~ay~r and +~un~il Co~~~uni~a~it~n GOUNCI~ ACTIt?N: Approved on 11118l20U3 -Ordinance No. 15755 DATE: Tuesday, November 1$, 2003 LOG NAME: 38C1_ASS1C REFERENCE NO.: **G-14155 SUBJECT: Consideration of Application of Classic Carriages to Operate Five Horse-Drawn Carriages within the City of Fort Worth RECC-MMENDATtON: It is recommended that the City Council: 1. Consider and adopt the findings of City staff as presented herein; and 2. Find that the public necessity and convenience require the operation of five {5} horse-drawn carriages upon the Gity streets, alleys and thoroughfares; and 3. Adopt the attached ordinance granting privilege to Classic Carriages {Company), for a period of 5 years beginning November 25, 2003, and expiring November 24, 2008, and authorizing the operation of five {5} horse-drawn carriages upon City of Fort Worth streets, such ordinance being subject to and conditioned upon Classic Carriages complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth {2003}, as amended. DISCUSSION: On November 5, 2003, Classic Carriages submitted to the City an application to operate ahorse-drawn carriage service with an operation of five {5} horse-drawn carriages within the City of Fort Worth. In considering Classic Carriages'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 vehicle for hire, and whether or not the applicant is qualified and financially able to efficiently conduct such business and to render such services to the public. In determining whether or not the grant should be made, the City Council shall consider, among other things, fhe following items: '1, Proha~!e permaner~:. and q:~ality of the service offere~! c: `!~e ap~~ .= ex~er~enrie `h<~ ~~~ :~ •, ~ F .~,_ ~ ~" ~ v. '! . ,. .. ~ _ ~ ~ .._, _3~i' ,1 y 2. ~ `~~a~~c~ai abili'y o` the applicant to provide ,h~e service described. a~,~;,, to respona fe ~~ ~lar~~~s or ~udgr~~ents arising by reason of business operations. or injury to persons. or damage to property resulting from operation or a horse-drawn carriage service; and to each of the stockholders, officers and directors; and 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 Classic Garriages's {the Company) application and from the staffs independent investigation: a} The Company is qualified and financially able to conduct ahorse-drawn carriage service within the City; and b} The Company has complied with the requirements of Chapter 34 of the City Code; and e) The Company presented facts showing the demand, and a compelling need and necessity for five {5} horse-drawn carriages; and d} The general welfare of the citizens of the City will best be served by the addition of five {5} horse- drawn carriages upon City streets. The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is estimated at $1,100. FISCAL INFORMATI{~NICERTIFICATION: The Finance Director certifies that the Municipal Court Department is responsible for the collection and deposit of fees due to the City. T4 FundlAccounttCenters FR©M Fund/AccountlCenters SG01 421352 0134010 1 100.00 Submitted for Cif Mona eg is Office b}r: Richard Zavala {Acting) {6183} t}ri mating Department Head: Elsa Paniagua {6711} Additional Information Contact: Elsa Paniagua {6711}