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HomeMy WebLinkAboutOrdinance 15756~ d ORDINANCE NO. ~~ ~~ s AN ORDINANCE GRANTING TO WEST FORK CARRIAGE SERVICE, SOLE PROPRIETORSHIP, THE PRIVIE_EGE TO USE THE STREETS, ALLEYS AND PUBt_IC 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 ~~, 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 WEST FORK CARRIAGE SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, West Fork Carriage Service {"West Fork"} has applied for 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 West Fork; 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 West Fork; 2. That West Fork 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 thoroughfares of the City of Fort Worth far the period beginning on NC)'~E?CT"~hPr ~~~ ~nn~j <`3t1~~ F'XplrlriC~ (lt1 N')`/F?nlf?~'r ~-~. ~('1C,c~ ~~ 3i i~ _. ~~ '~t f ..t' +~1' ~i,F, 1~'t ~lti .;~ r `1 . . ~ ., I'~ ~ ~ ;: b~ ttlE? llOf.'r<3?I~~f' C){ r .t' ?1:.;'~~~~-C;f~3~".!~ (;_3rrl~3ijE,~~, :)` .. t f ~)fK, ~3`l~; 4. That ail other requirerT~ents of Chapter 34 of ttie Code of the City ofi Fort Worth ~WB~), as amended, have been complied 4r,~ith by West Fork, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE GITY OF FORT WORTH, TEXAS: SECTION 1. That West Fork, 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 five {5) horse-drawn carriages for the period beginning November 25, 2403, 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 Gity 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 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 Gity of Fort Worth, and all relevant provisions of Chapter 34, Code of the Gity of Fart Worth {1986), as amended, and such other ordinances as maybe adopted from time to time by the Gity council governing and regulating the operation of horse-drawn carriages in the city of Fort Worth. SECTION 5. c, n::t t~~~ t, ;rr71~ ~~~~ -3 rr~~v.lt°~~gF~~ tt~ai tt,~~~ ~.~t~ ~ _~r~ .~ rih, ~~-,Sc~l~~r~s ~~~~ i~3;=-i i',~ or rE-~,;r,~~sihilit~,, ire n~~3~:in~ this ~,rar~~. ~,~;r± th~~t by ~~c~ ~~ht~~n~;r:: ~_~f ~hi~ or~iin~~ncE.~ ~~nc grant. Compan}~ hereby agrees to indemnify. hold harmless and defend the City of Fort z expense or liability, for any and all property damage or lass and/or personal injury, including death, to any and ail 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 establi~~~d 1>y law, and tine faiiure s~~ to do fc~r a period of one hundred eighty }~ ~~ ~ ~ ~ SECTION 9. T~"?~f '?t~~`Sli<3~'fi~ t!'` ~.11~31)tE'I" ,`i~1 Uf tllf' ~,UUr: Oi tl"1£' ~ft~,` C7f FO~t !~~~~C)Ctfl. I r~x~35 ~ ~ ~::~t 1. as amended. the Co«~pany shall not sell" convey or transfer this grant of privilege to any }I-~ ,r-~~ -, {~. ,~ it .. tF~~.. ,~. ~~.L'1~ j~ nc.;~ ,} ~,„i ;j~ ~, al ,f ih.. City 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 10. 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 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 Fork 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 horse-drawn carriage 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. That within ten {10} days after adoption of this ordinance, Compan~r shall file with riiF, Cite ~F:~~ret<~r~,; ~^rntt~~n accept<~r~ce cif tE1~ tenYis ~3nc~ ~r~~visic~ns hE'reof Su~~h '~i, ~_ :' ii sl(i~'~3~1,1~~ t.,3~ iEi~ {..a4il~lk~d]1~ `~ t°}~lth(~f ~ ~ 1f'~)f~ „r-~+. f; O!1 tflE? flnclE ~~ac;e 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. APPRCJVED ASC7 FC)RM AND LEGALITY: __. 3~,, , ,~`2 ---~--_ f ~' c_ ASSISTANT C{TY ATTORNEY DATE: ADOPTED: EFFECTIVE: ACCEPTED BY: WEST FORK CARRIAGE SERVICE By: Name Title Date: pity of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1111812003 -Ordinance No. 15756 DATE: Tuesday, November 18, 2003 LOG NAME: 38WEST FORK REFERENCE NO.: **G-14156 S_U_BJECT: Consideration of Application of West Fork Carriage Service to Operate Five Horse-Drawn Carriages within the City of Fort Worth RECOMMENDATIC}N: 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 eve {5) horse-drawn carriages upon the City streets, alleys and thoroughfares; and 3. Adopt the attached ordinance granting privilege to West Fork Carriage Service for a period of 5 years beginning November 25, 2443, and expiring November 24, 2448, and authorizing the operation of five (5) horse-drawn carriages upon City streets, such ordinance being subject to and conditioned upon West Fork Carriage Service complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2443, as amended. DISCUSSION: On August 28, 2443, West Fork Carriage Service 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 West Fork Carriage Service's application, the City Council, pursuant to Section 34-244 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 following items: 1. Probable permanency and c{uaiifiy of fhe service offered by the applicant, fhe experience the applicant has in rer~P~~„~ s~.~'~ _-~-.,~^:- ., the City or similar service elsewhere anc' ±he =3. ,~.'~, ' _. 2. ,~c r ~ _. ~~ 3~,, i`,y L't '~~e app~iro~^, t., ~;!;: V~C;r_ t"le S~`rV :e 7r~ :,~ue ~ a'.,~ ': ..~~p~~r.~ tJ n,t?,S _ tudg~~~ents a~~sing by reason of b~:sness eperat~ons cr intur~ to persons. or aar~a~e ±o property resuiting from operation ofi a horse-drawn service. and 3. T~, ~ .~ ,~, ~~~., . F ~~, - ~, -~ ~. - ~ - ~~ .. ~;~r~, - a a~ ; _. 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 also may 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 West Fork Carriage Service's (the Company} application and from the staff's independent investigation: a} The Company is qualified and financially able to conduct ahorse-drawn carriage service with 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 demand, need and necessity for five (5} horse- drawn carriages are compelling; and d} The general welfare of the citizens of the City will best be served by the addition of free {5} horse-drawn carriages upon City streets. The potential annual revenue from the collection of applicable fees, as authorized in Chapter 34 of the City Code, is estimated at $1,125. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Municipal Court Department will be responsible for the collection and deposit of funds due to the City. TO FundlAccaunt/Centers FROM FundlAccaunt/Centers GG01 421352 0134010 1 125.00 Submitted far City Manager's Office bY: Richard Zavala (Acting} (6183} ©riginating Department Head. Elsa Paniagua (6711} Additianal_Infarmatian _Contact. Elsa Paniagua (6711 }