HomeMy WebLinkAboutOrdinance 21262-06-2014 ORDINANCE NO.21262-06-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE FOR THE USE OF 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
FOUR (4) HORSE-DRAWN CARRIAGES 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 ALL ORDINANCES;
PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY
BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted BRIAN SCOTT HIGH and MELVYN
EDWARD HIGH d/b/a NORTH STAR CARRIAGE the authority to operate a horse-drawn carriage
service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE 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 Sections 34-204 and 34-221 of the Code of the City
of Fort Worth, Texas (1986), as amended,has made inquiry and investigation into the application of BRIAN
SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR CARRIAGE; 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 BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE has performed satisfactorily under the terms of its operating authority;
2. That the service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the Code of the City of Fort Worth,Texas (1986), as-amended;
3. That BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE is qualified and financially able to efficiently conduct such business to render
such service to the public, consisting of the operation of FOUR (4) HORSE-DRAWN
CARRIAGES 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,
Ordinance No.21262-06-2014
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Section 2 of the Charter of the City of Fort Worth and Section 34-205 of the City Code of
Ordinances;
4. That BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE,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 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 FOUR (4) HORSE-DRAWN CARRIAGES by BRIAN SCOTT HIGH and
MELVYN EDWARD HIGH d/b/a NORTH STAR CARRIAGE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
SECTION 1.
That BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR
CARRIAGE, a PARTNERSHIP with its principal local place of business and its headquarters in KRUM,
DENTON 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 horse-drawn carriage service within the said City's municipal limits with
FOUR(4)HORSE-DRAWN CARRIAGES for a one year period beginning on the effective date.
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,Texas(1986), as amended.
SECTION 4.
That 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
limited to the Charter of the City of Fort Worth, and all relevant provisions of Chapter 34, Code of the City
of Fort Worth,Texas(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 horse-drawn carriages in the City of Fort Worth.
Ordinance No.21262-06-2014
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SECTION 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 all claims or suits, 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 authority 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 that further regulate the operation of
the Company's service within the City of Fort Worth, including the amount of 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. Further, should the City later adopt an ordinance 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 a new grant 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 ordinance are in conflict with the provisions of any such
ordinance adopted by the City, the provisions of such later-adopted 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 required fees, 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 to do so for 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 operating authority to any other person, firm, or
Ordinance No. 21262-06-2014
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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 horse-drawn carriage operation without
the consent of the Fort Worth City Council.
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 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 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.
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.
That 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 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.
Ordinance No.21262-06-2014
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SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee
by BRIAN SCOTT HIGH and MELVYN EDWARD HIGH d/b/a NORTH STAR CARRIAGE and
publication as required by law,
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY ary J.K y e
City Secret
ADOPTED: June 3, 2014
EFFECTIVE:
ACCEPTED BY:
BRIAN SCOTT HIGH and MELVYN
EDWARD HIGH d/b/a NORTH STAR
CARRIAGE
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14,114, _
Printed Name
Signature
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Title
DATE: !
Ordinance No.21262-06-2014
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 61312014 - Ordinance No. 21262-06-2014
DATE: Tuesday, June 03, 2014 REFERENCE NO.: **G-18221
LOG NAME: 20NORTH STAR
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Brian Scott
High and Melvyn Edward High d/b/a North Star Carriage, to Operate Four Horse Drawn Carriages 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. The public necessity and convenience require the operation of four horse drawn
carriages upon the City streets;
b. Brian Scott High and Melvyn Edward High d/b/a North Star Carriage are qualified
and financially able to conduct a carriage service within the City;
c. Brian Scott High and Melvyn Edward High d/b/a North Star Carriage have complied
with the requirements of Chapter 34 of City Code;
d. The general welfare of the citizens of the City will best be served by the continued
operation of four horse drawn carriages by Brian Scott High and Melvyn Edward
High d/b/a North Star Carriage and;
2. Adopt the attached ordinance granting Brian Scott High and Melvyn Edward High d/b/a North Star
Carriage authority to operate four horse drawn carriages on City streets, alleys and thoroughfares for a
one-year period subject to and conditioned on Brian Scott High and Melvyn Edward High d/b/a North Star
Carriage complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
On April 22, 2014, Brian Scott High and Melvyn Edward High d/b/a North Star Carriage (Company)
submitted a renewal application seeking to operate four carriages 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.
Logname: 20NORTH STAR Page 1 of 2
The one-year period shall commence on the effective date, which shall be upon acceptance by the
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$900.00.
FISCAL INFORMATION /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/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $900.00
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: 20NORTH STAR Page 2 of 2
Ground Transportation Coordinator Finding Factors
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 things,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
SUZANNE HENDERSON .•s1}•„�,
°°--
COUNTY CLERK Worth TX 76102
. ;._ 200 Taylor St., Suite 301 Fort ,
'"•��"' PHONE(817)884-1550
Certificate of Assumed Name
File#A210017638
I, SUZANNE HENDERSON, County Clerk of the County of TARRANT COUNTY, do hereby certify that
BRIAN SCOTT HIGH, MELVYN EDWARD HIGH
has filed in the office of the County Clerk on the 12/29/2010 a certificate setting forth the name of
NORTH STAR CARRIAGE
4774 JACKSON RD, KRUM TX 76249
under which business is to be conducted or transacted, together with the true full name of each person conducting such
business:
amen :
BRIAN SCOTT HIGH
MELVYN EDWARD HIGH
Witness my hand and seal of office, this the
DEC 2 9 2010
SUZANNE HENDERSON
\ •••. C my Clerk of TARRANT COUNTY, TX
.; = B , Deputy
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