HomeMy WebLinkAboutOrdinance 21213-04-2014 ORDINANCE NO. 21213-04-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO TRAVIS DEAN STOWERS d/b/a LONESTAR
BIKECABS FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
PEDICAB BUSINESS, WHICH SHALL CONSIST OF THE OPERATION
OF TEN (10) PEDICABS 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 TRAVIS DEAN STOWERS d/b/a
LONESTAR BIKECABS; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted TRAVIS DEAN STOWERS
d/b/a LONESTAR BIKECABS the authority to operate a limousine service on the public
streets, alleys, and thoroughfares of the City; and,
WHEREAS, TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS has
applied for renewal of its operating authority to furnish limousine 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 TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS; 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 TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS 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 TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS is qualified
and financially able to efficiently conduct such business to render such service to
Ordinance No.21213-04-2014
Page 1 of 6
the public, consisting of the operation of TEN (10) PEDICABS 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, Section 2 of the Charter of the City of Fort Worth and Section 34-205 of
the City Code of Ordinances;
4. That TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS 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 TEN (10) PEDICABS by TRAVIS DEAN STOWERS
d/b/a LONESTAR BIKECABS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS, a SOLE
PROPRIETORSHIP, with its principal place of business in HOUSTON, HARRIS 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 limousine service within the said City's municipal limits with TEN
(10) PEDICABS for a one year period beginning on the effective date.
SECTION 2.
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.
Ordinance No.21213-04-2014
Page 2 of 6
SECTION 3.
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.
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 limousines in the City of Fort Worth.
SECTION 5.
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.
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
Ordinance No.21213-04-2014
Page 3 of 6
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.
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.
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.
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 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
limousine operation without the consent of the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
Ordinance No.21213-04-2014
Page 4 of 6
SECTION 11.
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.
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.
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 limousine 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.
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
Ordinance No.21213-04-2014
Page 5 of 6
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.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY Mary J. Kays
CITY SEC ARY
ADOPTED: April 22, 2014
EFFECTIVE:
ACCEPTED BY:
TRAVIS DEAN STOWERS d/b/a
LONESTAR BIKECABS
Printed Name
Signature
Title
DATE:
Ordinance No.21213-04-2014
Page 6 of 6
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.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by TRAVIS DEAN STOWERS d/b/a LONESTAR BIKECABS and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
LIP C �, ,�- _
ASSISTANT CITY ATTORNEY Mary J. Kays
CITY SEC ARY
ADOPTED: April 22, 2014
EFFECTIVE: �f ��
ACCEPTED BY:
TRAVIS DEAN STOWERS d/b/a
LONESTAR BIKECABS�+
1 ZC'-t - %� G w-�
Printed Name
Signature T
O �. .
Title (' c�
DATE: ° d' f
ordinance No.21213-04-2014
Page 6 of 6