HomeMy WebLinkAboutOrdinance 15992ORDINANCE NO ~"~~~
AN ORDINANCE GRANTING TO ALL ABOUT TOWN PEDICABS, L.L.C
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 FOUR
PEDICABS FOR A PERIOD BEGINNING ON JUNE 15, 2004 AND
ENDING ON JUNE 14, 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 All About Town Pedicabs, L.L.C ("All About Town') 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 All About Town 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 four (4) pedicabs by All About Town
2. That Alf About Town is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the
operation of four pedicabs upon the public streets, alleys and
thoroughfares of the City of Fort Worth for the period beginning on June
15 2004 and expiring on June 14 2009•
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of four pedicabs by All About Town 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 All About Town
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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 all 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
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SECTION 15.
That this ordinance shall be in full force and effect from the date of its adoption
and acceptance as hereinabove provided
APPROVED AS TO FORM AND LEGALITY
AS~I~ST~CfS!'T CITY ATTORNEY
DATE ~/ b
ADOPTED• ~ d `~
EFFECTIVE.
ACCEPTED BY
ALL ABOUT TOWN PEDICABS, L.L.C
By.
Name. ,~0~ i C~~/c~~ Salif
Title -
Date. ~
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/8/2004 Ordinance No 15992
DATE Tuesday June 08 2004
LOG NAME. 38ABOUT TOWN
REFERENCE NO *G-14377
SUBJECT
Consideration of the Application Submitted by All About Town Pedicabs L.L.C to Operate Four
Pedicabs within the City of Fort Worth
RECOMMENDATION
It is recommended that the City Council
Consider and adopt the findings and opinions of the City Staff as presented herein and
2. Find that the public necessity and convenience requires the operation of four (4) pedicabs upon the
City streets, alleys and thoroughfares and
3 Adopt the attached ordinance granting privilege to All About Town Pedicabs, L.L.C for a period of five
(5) years beginning June 15 2004 and ending June 14 2009 authorizing the operation of four (4) pedicabs
upon city streets, such ordinance being subject to and conditioned upon All About Town Pedicabs, L.L.C
complying with the requirements of Article IV Chapter 34 of the Code of the City of Fort Worth (2003) as
amended
DISCUSSION
On October 17 2003 All About Towrfi Pedicabs L.L.C submitted a completed application to the City to
operate a pedicab service within the City of Fort Worth The City Council approved the application on
November 18 2003 (M&C G-14153) granting Adl About Town Pedicabs, L.L.C privilege to operate a
pedicab service upon city streets subject to written acceptance of the terms and provisions of Ordinance
15753 The Company failed to ratify acceptance of and agreement to the provisions of the ordinance within
the prescribed ten (10) days after adoption of the ordinance.
On April 28 2004 All About Town Pedicabs L.L.C submitted an application to the City to operate a
pedicab service within the City of Fort Worth.
In considering the Company's application the City Council, pursuant to Section 34-204 of the City Code
must determine whether or not the public necessity and convenience requires the operation of such
vehicles for hire and whether or not the applicant is qualified and financially able to efficiently conduct such
business to render such service to the public. In making the determination whether or not the grant of
privilege should be made the City Council shall consider among other things, the following items
Probable permanency and quality of 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 and
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
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operation of a pedicab service and
The character and condition of the pedicabs to be used and
If the applicant is a corporation the qualification of the officers directors and persons with economic
interest making such application and each of the above enumerated items as applied to each of the
stockholders, officers and directors, and
The character and past record of the applicant; and if the applicant be a corporation the character and
past record of the officers directors and stockholders and
Such other information as presented during any public hearing that may bear on the public need and
necessity and
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
Staff authorized to investigate the subject application In this regard the following are City Staff findings
and opinions derived from the review of the Company's application and from independent investigation
The Company is qualified and financially able to conduct a pedicab service within the city and
The Company has complied with the requirements of Chapter 34 of the City Code and
The Company presented facts supporting the demand and compelling need for four (4) pedicabs and
The general welfare. of the citizens of the City will best be served by the addition of four (4) pedicabs
upon city streets and
The potential revenue from the collection of applicable fees as authorized in Chapter 34 is estimated at
$700 annually
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees
due to the City
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 700:00
Submitted for City Manager's Office by Charles Boswell (6183)
Originating Department Head Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
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