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HomeMy WebLinkAboutOrdinance 16035~~~ ORDINANCE NO ~ AN ORDINANCE GRANTING TO HOT WHEELS PEDICABS THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS PEDICAB BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TWO PEDICABS FOR A PERIOD BEGINNING ON JULY 14, 2004 AND ENDING ON JULY 13, 2009 SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT PROVIDING A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES PROVIDING FOR WRITTEN ACCEPTANCE BY ALL ABOUT TOWN PEDICABS, L.L.C AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Hot Wheels Pedicabs a sole proprietorship ("Hot Wheels') has applied for the privilege to furnish pedicab 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 Hot Wheels 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 two (2) pedicabs by Hot Wheels 2 That Hot Wheels is qualified and financially able to efficiently conduct such business to render such service to the .public consisting of the operation of two pedicabs upon the public streets alleys and thoroughfares of the City of Fort Worth for the period beginning on July 14 2004 and expiring on July 13 2009• 3 That the general welfare of the citizens of Fort Worth will best be served by the operation of two pedicabs by Hot Wheels and 4 That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986}, as amended have been complied with by Hot Wheels 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That Hot Wheels Pedicabs 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 pedicab service within the said City's municipal limits with two (2) pedicabs for the period beginning July 14 2004 and expiring July 13 2009 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 (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 City of Fort Worth and all relevant provisions of Chapter 34 Code of the City of Fort Worth (1986) as amended and such other ordinances as maybe adopted from time to time by the City Council governing and regulating the operation of pedicabs in the City of Fort Worth 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 2 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 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 established by law and the failure so to do for a period of one hundred eighty (180) days shall ipso facto terminate al{ 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 privilege to any other person firm or corporation without the prior formal consent and approval of the 3 ~~ ~ ~`'r. ~m~~~ / s'~ ~ ~ L/ City Council of the City of Fort Worth nor shall it sell transfer assign or otherwise encumber its pedicab 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 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 pedicab 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 Company shall 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 4 '~~, ~ ~,, SECTION 15. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided APPROVED A O FORM AND LEGALITY ASSISTANT CITY ATTORNEY ~`~ DATE ADOPTED ~~ EFFECTIVE ACCEPTED BY HOT WHEELS PEDICABS By. Name ~'~^^ t;= ~ ffc,~t~~ ~~~ Title fit~`~ c~~-~~LS ~~~ ~~ Date ~ ~ ~ ~3 r G~ 5