HomeMy WebLinkAboutOrdinance 21350-08-2014 ORDINANCE NO.21350-08-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY 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 FIVE (5) HORSE-DRAWN
CARRIAGE 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 TRACY ELAINE PRATT d/b/a
BRAZOS CARRIAGE COMPANY; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the City of Fort Worth previously granted TRACY ELAINE PRATT /b/a
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BRAZOS CARRIAGE COMPANY the authority to operate a horse-drawn carriage service on the ublic
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streets, alleys, and thoroughfares of the City; and,
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WHEREAS, TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY has a plied
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for renewal of its operating authority to furnish horse-drawn carriage service on the public streets, alleys, and i
thoroughfares of the City; and,
WHEREAS,the City of Fort Worth,pursuant to Sections 34-204 and 34-221 of the Code of th City I
of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the applicati n of
TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY; 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 TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY has perf rmed
satisfactorily under the terms of its operating authority;
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2. That the service provided continues to meet the public necessity and convenience as d fined
by Chapter 34 of the Code of the City of Fort Worth,Texas(1986), as amended;
3. That TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY is qu lified
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and financially able to efficiently conduct such business to render such service to the ublic, w
consisting of the operation of FIVE (5) HORSE-DRAWN CARRIAGES upon the public
streets, alleys and thoroughfares of the City of Fort Worth for a one (1) year 3eriod
beginning on the effective date, which shall be upon acceptance by the grantee and
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completion of the publication requirement as determined by Chapter XXV, Section 2 of the
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Charter of the City of Fort Worth and Section 34-205 of the City Code of Ordinances;
4. That TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY cont' ues to
comply with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
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(1986), as amended, and any violations thereof will result in the imposition of penalt" s 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 cont nued
operation of FIVE (5) HORSE-DRAWN CARRIAGES by TRACY ELAINE PIRATT
d/b/a BRAZOS CARRIAGE COMPANY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT OF
FORT WORTH,TEXAS:
SECTION 1.
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That TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY, a OLE
PROPRIETORSHIP with its principal local place of business and its headquarters in CLEB ,
JOHNSON COUNTY, TEXAS, hereinafter referred to as "Company," is hereby granted ope ating
authority to use the present and future streets, alleys and public thoroughfares of the City of Fort orth,
Texas, in its business of providing public horse-drawn carriage service within the said City's mur icipal
limits with FIVE (5) HORSE-DRAWN CARRIAGES for a one year period beginning on the of ctive
date.
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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.
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SECTION 3.
That the Company, as holder of the grant, and the Company's operations hereunder, st all be
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governed at all times by the provisions of state and federal laws and regulations and Chapter 34 of the Code I
of the City of Fort Worth,Texas (1986), as amended.
SECTION 4.
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That the authority herein granted shall be and remain subject to said Company's full, comple e, and
satisfactory continuing compliance with all federal, state, and local laws and ordinances, including ut not
limited to the Charter of the City of Fort Worth, and all relevant provisions of Chapter 34, Code of t e City
of Fort Worth, Texas(1986), as amended, and such other ordinances as may be adopted from time to t me by
the City Council governing and regulating the operation of horse-drawn carriages in the City of Fort orth.
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SECTION 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or responsibil ty in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to inde ify,
hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and again any
and all claims or suits, expense or liability, for any and all property damage or loss and/or personal i jury, I
including death, to any and all persons, of whatsoever kind or character, arising out of or in connectio with
any acts or omissions by Company, its officers, agents, employees, drivers licensees invitee and
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passengers, in the exercise of the authority granted herein; and Company shall assume all liabili and i
responsibility for same. I
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SECTION 6.
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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 int rests
of the general public. As such, the Company understands and acknowledges that during the term f this j
ordinance and grant,the City of Fort Worth may adopt such ordinances that further regulate the operat on of j
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 provisi ns of
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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 lot in
violation of any provision of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as am nded.
In the event the terms and conditions of this ordinance are in conflict with the provisions of an such
ordinance adopted by the City, the provisions of such later-adopted ordinance shall supersede the to s and j
conditions of this ordinance to the extent they are in conflict. j
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 ranted
herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against it finally esta lished
by law, and the failure to do so for a period of one hundred eighty(180) days shall, ipso facto, termi ate all
authority under this grant.
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SECTION 9.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amende l, the j
Company shall not sell, convey, or transfer this grant of operating authority to any other person, fi , or l
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corporation without the prior formal consent and approval of the City Council of the City of Fort Wort , nor j
shall the Company sell, transfer, assign, or otherwise encumber its horse-drawn carriage operation w thout
the consent of the Fort Worth City Council.
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SECTION 10. I
That nothing herein contained shall be held or construed to confer upon the Company exc usive
rights or privileges of any nature whatsoever.
SECTION 11.
That any suspension or revocation of the privileges granted herein may be accomplished and r the +
applicable provisions of Chapter 34 of the Code of the City of Fort Worth,Texas(1986), as amended.
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SECTION 12. i
That the terms and provisions of this ordinance are severable and shall be governed by Section -5 of
Chapter 1 of the Code of the City of Fort Worth,Texas(1986), as amended.
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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 reg lation
and operation of public horse-drawn carriage service within the City's municipal limits, and, in the e ent of
conflict between the provisions of this ordinance and such Code,the provisions of the City Code shall overn
and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed five h ndred
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 t e City
Secretary written acceptance of the terms and provisions hereof. Such acceptance of and agreemen to the
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provisions of this ordinance and grant shall be evidenced by the signature of the Company's autho ized
representative on the final page of this ordinance.
SECTION 16. j
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and I
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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.
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That this ordinance shall take effect upon adoption; acceptance of the grant and payment of tt e fee j
by TRACY ELAINE PRATT d/b/a BRAZOS CARRIAGE COMPANY and publication as requir d by
law.
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APPROVED AS TO FORM AND LEGALITY: ATTEST:
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ASSISTANT CITY ATTORNEY ry J.K s , i Se ary j
ADOPTED: August 5 2014
EFFECTIVE: I�
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ACCEPTED BY: d
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TRACY ELAINE PRATT d/b/a
BRAZOS CARRIAGE COMPANY
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Pr' ted Na e
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Signature 1
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DATE:
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Ordinance No.213580- 8-2014
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City of Fort Worth, Texas
Mayor and Council Communication
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•. - COUNCIL ACTION ...A _roved°on 8/5/2014 Ordinance No 2'1350=08-2014.: ° • : , ' �
DATE: Tuesday, August 05, 2014 REFERENCE NO.: **G-18270
LOG NAME: 20BRAZOS
SUBJECT:
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Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of T acy
Elaine Pratt d/b/a Brazos Carriage Company to Operate Five 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:
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1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of five horse drawn carriages
upon the City streets;
b. Tracy Elaine Pratt d/b/a Brazos Carriage Company is qualified and financially able to
conduct a carriage service within the City;
c. Tracy Elaine Pratt d/b/a Brazos Carriage Company has complied 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 operation
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of five carriages by Tracy Elaine Pratt d/b/a Brazos Carriage Company and;
2. Adopt the attached ordinance granting Tracy Elaine Pratt d/b/a Brazos Carriage Company authority to
operate five carriages on City streets, alleys and thoroughfares for a one-year period subject to and
conditioned on Tracy Elaine Pratt d/b/a Brazos Carriage Company complying with all requireme is of o
Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Tracy Elaine Pratt d/b/a Brazos Carriage Company (Company) was granted operating authority for four
horse drawn carriages on July 12, 2011, Mayor and Council Communication (M&C G-17311, Ordinance
No. 19743-07-2011). The initial operating authority was for a period of three-years. On July 14, 2014, the
Company submitted a renewal application seeking to operate five 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 useJ 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 thi 3 Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
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Logname: 20BRAZOS Pagel of 2
The one-year period shall commence on the effective date, which shall be upon acceptance by tl e
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$1,000.00.
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FISCAL INFORMATION /CERTIFICATION:
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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.
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FUND CENTERS: 1
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $1,000.00
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CERTIFICATIONS:
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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Logname: 20BRAZOS Page 2 of 2
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Ground Transportation Coordinator Finding Factors
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Under Section 34-271, subsection(b) in determining whether or not to recommend the renew of
granting operating authority, the Ground Transportation Coordinator shall consider, among other thi igs,
the following items:
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(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
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(3) The holder continues to comply with all requirements of this chapter. f
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SUZANNE HENDERSON, County Clerk Page 1 of 1 i
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
( Certificate of Assumed.Name
File#A208005213 j
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I, SUZANNE HENDERSON, County Clerk of the County of TARRANT COUNTY, do hereby certify that
TRACY ELAINE PRATT
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has filed in the office of the County Clerk on the 4TH day of April 2008 A.D., a'certificate j
setting forth the name of
BRAZOS CARRIAGE COMPANY
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PO BOX 315, CLEBURNE, TX,.76033
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under which business is to be conducted or transacted, together with the true full name of each erson
conducting such business:
NAME j
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TRACY ELAINE PRATT
Witness my han0-jT �bqf office, this the 4TH day of April 2008 A.D. .
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�� a SUZANNE HENDERSON
Cr 41 Cou %Cl Sepu ANT COUNTY, TX
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�Seat�x a® BY KIM
n y�� tl11Q` •� 8
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