HomeMy WebLinkAboutOrdinance 18450-02-2009ORDINANCE NO. It345[i-42-2D04
AN ORDINANCE GRANTING THE PRIVILEGE OF dPERt1TING
AUTHORITY Td CLASSIC CARRIAGE SERVICE FOR THE I?SE OF
THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES dF THE
CITY [N THE CONDI'CT OF ITS CARRIAGE BUSINESS WHICH
SIiALL CONSIST dF THE OPERA'T'ION dF T1V0 {2) HORSE-DRt1WN
CARRIAGES FC)R A 'THREE {3) YEAR PERIdD BE(UINNING dN THE
EFFECTIVE DATE, SPECIFYING THE TERMS AND CONDITIONS OF
THE GRANT; PROVIDING, A SEVERABH.ITY CLAUSE; MAKING
CHIS ORDINANCE CUi1II;LATIV°E OI+ ALL dRDINANCF,S;
PRdVIDING FOR A PENALTY; PROVIDING FOR WRITTEN
ACCEPTANCE BY CLASSIC CARRIAGE SERVICE; PROVID[NG FOR
PUBLICATION; AND PROVIDING FOR A'_S' EFFECTIVE DATE.
WHEREAS, CLASSIC CARRIAGE SERVICE has applied for operating aufharity to
furnish CARRIAGE service on the public streets, alleys and thoroughfares of the City; and
WIIE~REAS, the City of Fort Worth, pursuant to Section 34-204 of the Code of the City
of Fort North {14&6), as amen€9ed, has made inquiry tuxd investigation into the application of
CLASSIC CARRIAGE SERVICE; and
WHERE:~S, upon suclx 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 cotx~enicnce require th€; operation in the City of Fort
tT~ortlt of'C~4'O {2} HORSE-DRAtiVN CARRIAGES;
'_. Tltat CLASSIC CARRIAGE SF.RVK'E:, is qualified and tinaneial(y able to
efficiently cc}nduct suclx business to render such service to t(xe public, consisting
of the €tperatic>n of T«'O {2} HORSE-DRA~t`N t"ARRI.AGLS upon the }xublic
4EY {'£`.(.-(.. at ii 3?:.x€~t~ lttrtrr3 i.S~:.da (:trG".ti ::}t tilt= (.', (ty Stf l'(}rt. ~~'tt;"(St tt:7l" a tht'ce ~?} }i:~.t`
~',i?ll?€~: bk".3, I I;:tiZl ; C'~n 1:1t' f'f i't Crb V`c tC ttC ;4'lti4~s wl::itt ~+: tfp£7tt ixt i4gl~~.i?r4' e}1~ t~t
gra~Ytte Grit€i :t=rnpieti€trt of tits pti,lit.~tt:5n requtrentent~ tts dctc_trnincd bt'` .lrticle
X1%, Section ' of the; t lxarter of the C'ity' of l°13r( 1~`r?rtlx:
3. T°hat the general cveltare of the citizens of Fort Worth will best be serted by the
operation of T'b'VO {2} HORSE-DRAWN CARR[AGES by CLASSIC
CARRIAGE SERVICE and
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
{19F6}, as amended, have been complied with CLASSIC CARRLAGE
SERVICE, and any snolations thereof will result in the imposition of penalties as
provided. by Chapter 34-225.
R'OW. THEREFORE. BE 1T ORD.'llltiED BY THE CITY COliNC'iL OF THE CITY
OF FORT WORTH. TEXt35:
SECTION I.
That CLASSIC CARRIAGE SERVICE, a. Sole Proprietorship with its principal place
ofbusiness end its headquarters in ALVORD, WISE COUNTY, TEXAS, hereinafter referred to as
"Company," is hereby granted operating authority to use the present a~td future streets, alleys and
public thoroughfares of khe City of Frnt Worth, Texas, in its business of providing public
Carria};e service within the said City's municipal limits with. TWO {2) HORSE-DRAWN
CARRIAGES far a three year period beginning on the effective date.
SECTION 2.
That the finding, and recitations contained. in the preanit±le hereof are expressly
incc+tTorated into and made a part of this mziittance as the findings of the City Council.
SEC:"PION 3.
]lat. the ~~i?2Ttpatay, ;~ hG!%det tYf thc° gratTt, dtad the t...~4}2 ttpdt74` ti C!pi;ratlGtl=. hl'.Tt,1lnder, t]lall
.
`li:' ~:, °Y4t°:tcd sl. tlil ild?t4'- hi the 1, rt34`i3iti5YlS .ti 5[ezte it t(, tt;{,t'.ra~ ~,.t YW3 'sold rC i'-. E+ atltl,.7~ aSS7ti { h..st~tel'
3~ of dac Code ~lftlle `tt~' {,t' FUt't 4~"~art~a {trt2t#,y. as arnet7~led°
t?
SECTION ~.
Tltat the authority herein granted shall be and remain subject to said Company's full, complete
and satisfactory conthtuing ootnpliance with all fedora}, 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 C~'orth (1986}, as amended, and such other ordinances as
maybe adopted fi-orn time to time by the City Council governing and regulating the operation of
Carriages in the City of Fort Worth.
SECTION 5.
That the Company acknou*ledges that the City of Fork 4t'orth assumes no liability or
responsibility in making this grant, artd that b_v acceptance of this ordinance and grant, Company
hereby= agrees to indemnify, hold harmless and defend the City of Fort Worth, its of'ticers, agents,
and employees, from and against any and all claims or suits, espouse or liability, for any and all
property damage or lass andor personal injruy, including death, to any and all persons, of
~<vhatsoever kind or cltaractcr, arising out of or in connection with any acts or omissions by
Company, iks officers, agents, employees, drivers, licensees, inc°itees and passengers, in the
exercise of the authority granted herein, and Company shall assume all liability and
responsibility far same.
SEC`T7{3~1 fi.
Phat the Company acknowledges that ifs drivers, property ~1d operations shalt be std
remain subject at all. times to such. reasonable rcgrrlation by the City as is or may be necessary to
protect the interests of the general public. .ys such, the Company understands and acknoGVlulges
that daring the term of [his ordinance and grant. the t:'ikv of Fart tS'oT'th may adapt such
£11`il.@€ta tsres w}rrcaE +ttrchc.t tx'#;lilati; t1~e ott,ratton (?f~ t°.te, ("r,}7??pFi1 a's ticrt'I{,t ~..4:t1;:7 rr t17e {.~?t1' C*t` FC7r1'.
i'T+'`tir"ttl, IFit;;1 CId;TIr{ t1Fti, aritY}rgIlt :}f t4"{'.'+ tC4 1'}E' pa14{~.: aT2tt tIYEYt i.Y~{tit tl"ti.' .'.?t~l£?ptSt FFi 1}Iti'.r'.{7 a, t}tY'. {..`4}n7}?elal~'
,hall kaegirY c~Fi.ductng it ,.rtc;:Ttir~n4 in c~>rttpliancc ~,tTt}t the Itrotisic>ns 7tf'strt•}t csrt:}in;rnces.
Furkhcr_ should the City later adopt an ordinance chat cvonld charts;e the rratnrc ot` the rlgltts
~rFantw't.l undc;r this ordinance, the city rc~ser~ r~+ thc: ri~tt cst eatncel ttr other~,r`i.e rrrodify any anCl all
T;,}?lg¢c ;. ra f h. ..s.".it@cY t~,,, z}T ~.l;r.=3 ,-. £" aTid Spa"s a:v r`r t4 Y. "at'?" £rr :ly ,~ : kE i n# c a a v
. „Y..S .. d.. ~.. ;, t.E Cr4 rt , •.l... a.. # 1.4. f£'ti E .S Fy ti,.
,}
Company is not in violatson of any pry}vision of Chapter 34 of the Code of the City of Fort
Worth, Texas (196), as amended. In the event the teimis 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 teens and conditions of this ordinance to the extent they are in
conflict.
SECTION 7.
That the Campany ackno4vledges that pay€nent of required fees, as specified in Chapter
34 of the Code of the City of Fort Worth, Texas {1486), 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 (l 80} days shall,
ipso facto, terminate all authority under this grant.
SECTIOti 9.
That pursuant to Chapter 3q of the Code of the City of Fort Worth, Texas, (1986}, as
amended, the Campany shall not sell, convey or transfer this grant of operating authority to any
other person, fi}an or co}poeation without the prior formal consent and approval of the City
Council of the f"ity of Fo~•t GG'orth, nor shall it seal, transfer, assi<az or other~~~ise encumber its
carriage operation without the consent of the City Council of the City of Fort GG'orth.
SEC'C[O~ 1Q.
llis"fit- nt?ti?1?1 L', llt""."t'}n i:s.?Ylt.<t'?lC,L' Sh`:lli 13t. i1L'lft ~J? €x.7: b:'S:$'t?4':d. t7 CE.Ifltt'r :i1?tJl t~t#; £.'=`.!;11}7€tt'.~`
€. tii:,i'Cs"+(.4 ri'.Fl't *, UP i'?r~1!ll..?G~ i7z att. 21i?.i;.s?`€; `ti +3sPisk)?:.°,i?E'.r.
~e
SECTION 11,
That any suspension or revocation of the privileges granted herein may be accomplished
under die applicable provisions o~f Chapter 34 of the Cade of the City of Port Worth, "T'exas
(1~8C~), as amended.
SECTION 12.
That the terms and provisions of this ordinance ~•e severable and shall be govenlul by
Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, Texas (1936), as amended.
SECTION 13.
That the provisions of this ordinance shall he and are hereby declared to be curnulatizre of
all proc~isions of the Code of the City of Fort Worth, 'T'exas (1936}, as amended, With respect to
the regulation and operation of public carriage sen'ice 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 Coda shall ,govern and prevaih
SECTION 1~.
A penalty ma}= be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars (~50{)). Each day that a violation exists shall cokrstitute a separate offense.
Any violation of this ordinance shall he a class C' misdc~tneanor.
SECTIO~1 I5.
`["hat after adoption ol~ this ordinance. C'ompan} shall pay alI required fees curd frlc ~4'itlt
the C`rtv Secretary w°ritten acceptance of the terms and provisions hereof. Such acceptance of
atAGI ! ~.4 Ctne1]? io tls4 L}I t.1/I~}k3nt C~7 i114S C?fC1,=tcstlt,L ;tni~ f?C%TC's[ ~~4a11 ~}' c`4'!dt'kli"f"CI Li ~" i~}~ yl+?35 k?kliri'.
ist the t'4}knp3(,E'°S .tLtt19(ti°374'.{.1 4'i'pre4ent„3t3I~~'s)':7 t11i'. {kt1°il T'.iy~Zri:. i'i t1kSS 43rd;n:n3ce,.
S
SF,CTIO`v' 16.
The City Secretary of the City of Fort LVorth, Texas, is hereby directed to publish the
caption anti penalty of this ordinance tar tw~r (2} days in the official newspaper of the City of
Fort t~%orth, Texas; as authorized by Section 52.()13, Texas Local Goxenzment Code and section
34-205 of the Code of the City of Fort Worth.
SECT'I{7\ 11.
That this ordinance sha11 take effect upon adoption, acceptance of the grant and payment
of the fee by CLASSIC CARRIAGE SERVICE and publication as required by law.
LEGALITY:
e1SSISTA~T C('['1(~TTORNFY
~,
DATE• t,.:, ~~ t •r
ADOPTED: February 3 2049
~`FFEL"T!t'E: February 3, 2449
\C:CF.PT'ED Iit'
CL,:1:SSiC C',l~ltlAC.lm 4k;R~-'°If'F,
t
f
_ ~
Date: ~ -~:~~ ~®.®____
ES
City of Fort INarth, Texas
Mayor and Council Communication
CflI1NCt~ ACT!{)N: Approved nn 21312009..- iJrd. No. 18450-U2-2U09
DATE: Tuesday, February 03, 2009
LOG NAME: 20C~ASSIC
REFERENCE NO.: '"G-16442
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Classic Carriages Application to
Operate Two Horse-Drawn Garriages within the City of Fort Worth; Adopt Ordinance Granting Authority
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 two horse-drawn carriages
upon the City streets, alleys and thoroughfares;
City;
b. Classic Carriages is qualified and financially able to conduct horse-drawn carriages within the
c. Classic Carriages has complied with the requirements of Chapter 34 of the City Code;
d. Classic Garriages presented facts in support of compelling demand and necessity for
two horse-drawn carriages;
e. The general welfare of the citizens of the City will best be served by the addition of two harse-
drawn carriages upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Classic Carriages operating authority for two horse-drawn
carriages on City streets for a three year period subject to and conditioned on Classic Carriages
complying with all requirements of Chapter 34, Article VI. Division 3 of the Code of the City of Fort Worth
(1986}, as amended.
DISCUSSION:
Oh ~:ovembpr 5, :'}'l0 t, (!k"r~t;~.~ t=*' F5; the Gity Gcurez^:i~ ,~€.th~~ri->eo a grar:~ or rkr.v€iege tt; Csar}silo
Carriages to operate flue ,,xr;:,e-dr~rrwn Car; ia~~es o€~ the streets, asieys arsd t>~<rror~g`'p;'ares cf the C~t~r tsf Fktrt
t~~iorth jCity}. On Orrember ?, 20u8, Classic Carriages tCompany} submitted a renewal appii~,at~or7 to
coa?[tnue operating two horse-drak~.3n carriages within the City of Fort `~4'orth.
Pursuant to Chapter 34, Article VI. Division 3. Section 34-206 cf the City Code, when considering the
Company`s application, the City Council must determine whether or not to adopf, approve or confirm the
findings of the rt;urad Tranysportati:~ra Coordinator. t)nder Section 34-2(l4, sn deters-in~nrtwhether or not to
A-('.^t '~{ x . . 7 ^°r. i Ytrt £5£ x kn t Ytt 4t ~ ~ t t 9
r...-.. E't 3'€£.C ~t~ .t€x...s r3i',,~....~ . Y,rt,74.-C;3t~ 4~ .3#.:t~ Js 4t`t^, tt?e (ar§";4€rt,, , f..~r;=:.',:ti.?1, ,.?t.±`i."; (.'rt ~ ~0't3;X,*r .s'E.. E~ t..4. 7,> ~-';'.''.
B ,~.?ib'7 s,.,t r°r€ tl°ir:y ~' E.t t~tlf`~'~ t g @ii~€,":`ES.`.
t.tsgn'<3rne: 3tt('t.11t;StC Pat;c 1 ts(
1. Probable permanency and quality of the service offered by the applicant, the applicant's experience in
rendering such service in the City or similar service elsewhere and the applicant's past record and
experience in adjusting claims and paying judgments, if any, to claimants;
2. The applicant's financial ability to provide the described service and ability to respond to claims or
judgments arising by reason of business operations, injury to persons or damage to property resulting
from operation of a horse-drawn carriage service;
3. The character and condition of the horse-drawn carriage service to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members, and persons with economic interest making such application and each of the above-
enumerated items as applied to each of the stockholders, officers, members and directors;
5. The applicant's character and past record and if the applicant is a corporation ar other business entity
that of its officers, members and stockholders; and
6. Such other information as presented during any public hearing that may bear on the public necessity
and convenience.
The Ground Transportation Coordinator made the following findings and recommends approval:
the City;
a. The Company is qualified and financia8y able to conduct ahorse-drawn carriage service within
b. The Company has complied with the requirements of Chapter 34 of the City Code;
c. The Company presented facts in support of compelling demand and necessity for two horse-
drawn carriages; and
d. The general welfare of the citizens of the City will best be served by two horse-drawn carriages
upon City streets, alleys and thoroughfares.
The three year period shall commence on the effective date which shall be upon acceptance by the
grantee and completion of the publication requirement, as required by Chapter XXV, Section 2 of the
Charter of the City of Fort Worth.
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
~4oa.oo.
FISCAL INFORMATION f CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the codiection and deposif of funds due to the City.
F#~NE} CENTERS;
TO FundfAccountlCenters
v"G#i' 421352 G134tt'1t}
CERTIFICATIONS:
Submifked fsar Cify Manger°s Office tty
Or`sgirt~fing tgepffrtrraerrf Fieaft;
FROM ~undlAcccruntlC~raters
4eJ.t30
FerrSa!~doCr,sta ?51_'2}
~4~y~QF'.~,d~j r t`'l. ~Y ~'. T'~...'w'.b t. ! ~:~+~~ ti
t.,o~name: 2t1C[.r1SS14" PE~~e 2 at'3
Additianaf information Contact:
Mike Robinson {2448}
herald Taylor {8987}