HomeMy WebLinkAboutOrdinance 17001-06-2006ORDINANCE NO. 17001-06-2006
AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO HOT
WHEELS PEDICAB TO USE THE STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY OF FORT WORTH IN
ACCORDANCE WITH ARTICLE VI, CHAPTER 34 OF THE CODE OF
THE CITY OF FORT WORTH, PROVIDING A SEVERABILITY
CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS on July 13 2004 the City Council approved Ordinance #16035 (M&C G
14426) granting privilege to Hot Wheels Pedicab to operate two (2) pedicabs upon the city
streets, alleys and thoroughfares subject to Hot Wheels Pedicab's compliance with all
requirements of Article VI, Chapter 34 of the Code of the City of Fort Worth (2003), as
amended ("City Code ') and
WHEREAS as a condition for continued operation under a grant of privilege, a holder
must be able to demonstrate the financial ability to efficiently conduct business and render
services to the public as provided for m the grant; and
WHEREAS, on or about December 5 2005 the City was notified that Hot Wheels
Pedicab had ceased operation of its pedzcab service within the city of Fort Worth, and
WHEREAS, pursuant to Crty Code Section 34-207(c) notice was properly given and a
hearing was held on February 23 2006 affording Hot Wheels Pedicab the opportunity to
disprove any and all charges and allegations set out m the notice. The Hearing Officer found that
Hot Wheels Pedicab failed to maintain conditions necessary to conduct business and render
services to the public in the Crty of Fort Worth pursuant to Chapter 34 of the Crty Code; and
WHEREAS Article VI, Chapter 34 Section 34-207(b) of the City Code authorizes the
Crty Council to revoke the grant of privilege if the holder of the privilege reaches a condition
which the City Council does not deem the holder able to pay m full reasonable claims for
damages which might be legally established and confirmed, or if for good and sufficient reason,
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the general welfare of the citizens or the best interests of the city will be best served by such
action.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
That Hot Wheels Pedicab s ("Company") pnvilege to use the present and future streets,
alleys and public thoroughfares of the City of Fort Worth, Texas, m rts business of providing
public pedicab service within the said Crty's municipal limits is hereby revoked, and the
Company shall immediately cease operation of rts two (2) pedicabs upon city streets.
SECTION 2.
That this revocation shall render the grant of privilege completely null and void and of no
further force and effect, and the Company shall be prohibited from applying for a grant of
privilege for two (2) years.
SECTION 3
That the findings and recitations contained m the preamble hereof are expressly
incorporated into and made a part of this ordinance as the findings of the City Council.
SECTION 4
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 (2003), as amended, with respect to
the regulation and operation of public pedicab service wrthm the Crty's municipal limits, and, m
the event of conflict between the provisions of this ordinance and such Code, the provisions of
the City Code shall govern and prevail.
SECTION 5.
This ordinance shall be in full force and effect upon adoption.
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APPROVED AS TO FORM AND LEGALITY
ASSISTANT C TY ATTORNEY
DATE I ~a-~~ ~,
ADOPTED June 20.2006
EFFECTIVE June 20.2006
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/20/2006 Ordinance No 17001-06-2006
DATE Tuesday June 20 2006
LOG NAME 3$HOT WHEELS REFERENCE NO *G-15247
SUBJECT
Consideration of Revocation of the Grant of Privilege Granted to Hot Wheels Pedicab for Failure to
Maintain Conditions Necessary to Conduct Business and Render Services to the Public Pursuant to
Article VI Chapter 34 of the Code of the City of Fort Worth (2003) as Amended and Adopt the
Attached Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Consider and adopt the findings and opinions of the Hearing Officer as presented herein and
2. Adopt the attached ordinance to revoke the grant of privilege granted to Hot Wheels Pedicab for failure to
maintain conditions necessary to conduct business and render services to the public pursuant to Article VI
Chapter 34 of the Code of the City of Fort Worth (2003) as amended
DISCUSSION
On July 13 2004 (M&C G-14426) the City Council approved Ordinance No 16035 authorizing a grant of
privilege to Hot Wheels Pedicab to operate two pedicabs upon the city streets, alleys and thoroughfares
subject to Hot Wheels Pedicab's compliance with all requirements of Article VI Chapter 34 of the Code of
the City of Fort Worth (2003) as amended One of the criteria considered by City Council for granting the
privilege was the financial ability of Hot Wheels Pedicab to provide services to the public under Chapter 34
On December 5 2005 Hot Wheels Pedicab submitted correspondence to the City indicating the Company
had ceased operation of its pedicab service within the City of Fort Worth The Fort Worth Ground
Transportation Coordinator requested a hearing on the matter of revoking Hot Wheels Pedicab's grant of
privilege for failure to maintain conditions necessary to conduct business and render services to the public
in the City of Fort Worth A hearing was conducted on February 23 2006 on the matter of revoking Hot
Wheels Pedicab s grant of privilege Although notification of the revocation hearing was sent by certified
mail pursuant to City Code Section 34-207(c) Hot Wheels Pedicab representatives did not appear to
disprove any and all allegations charges. Evidence was presented and the Hearing Officer found that the
Company has not shown the financial ability to provide services pursuant to Chapter 34 since December 5
2005
The Hearing Officer finds, based on the foregoing facts and applicable provisions of the City Code that
there is sufficient cause and authorizes a motion to proceed with formal revocation of Hot Wheels Pedicab's
grant of privilege
After notice and hearing Chapter 34 Section 34-207(b) of the City Code authorizes the City Council to
revoke the grant of privilege if the holder of the privilege reaches a condition which the City Council does
not deem the holder able to pay in full reasonable claims for damages which might be legally established
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and confirmed or if for good and sufficient reason the general welfare of the citizens or the best interests of
the City will be best served by such action In event of revocation the grant shall be thereafter completely
null and void and of no further force and effect. The revocation of a holder's grant of privilege shall be in full
force for two years
It is recommended that the City Council authorize revocation of the grant of privilege granted to Hot Wheels
Pedicab on July 13 2004 requiring the Company to immediately cease operation of its two pedicabs upon
city streets alleys and thoroughfares.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by. Richard Zavala (Acting) (6222)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
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