HomeMy WebLinkAboutOrdinance 21051-12-2013 ORDINANCE NO. 21051-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO COWTOWN CYCLE PARTY, LLC FOR THE USE OF
THE STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE
CITY IN THE CONDUCT OF ITS GROUP CYCLE BUSINESS, WHICH
SHALL CONSIST OF THE OPERATION OF ONE (1) GROUP CYCLE FOR
A ONE (I) 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 COWTOWN CYCLE
PARTY, LLC; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted COWTOWN CYCLE PARTY,
LLC the authority to operate a group cycle service on the public streets, alleys, and thoroughfares
of the City; and,
WHEREAS, COWTOWN CYCLE PARTY, LLC has applied for renewal of its operating
authority to furnish group cycle 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 COWTOWN CYCLE PARTY, LLC; arid,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
facts made available to it, the City Council finds:
I That COWTOWN CYCLE PARTY, LLC 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;
1 That COWTOWN CYCLE PARTY, LLC is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of
the operation of ONE (1) GROUP CYCLE upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a one (1) year period beginning on the
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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 COWTOWN CYCLE PARTY, LLC 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 ONE (I) GROUP CYCLE by COWTOWN CYCLE
PARTY, LLC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION L
COWTOWN CYCLE PARTY, LLC, a LIMITED LIABILITY COMPANY, with its
principal place of business in DESOTO, DALLAS 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 group
cycle service within the said City's municipal limits with ONE (1) GROUP CYCLE 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.
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
Ordinance No.21051-12-2013
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as may be adopted from time to time by the City Council governing and regulating the operation of
group cycles 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, wising 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 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 tights 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.
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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 (ISO) 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 encurnber its group cycle
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.
SECTION 11.
Any suspension or revocation of the privileges granted herein may be accomplished under
the applicable provision,,; 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 I 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 group cycle 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.
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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 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 COWTOWN CYCLE PARTY, LLC and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: .........
AS ISTANT CITY ATTORNEY P"IM ry J. Ky,
CITY SEC ITARY
ADOPTED: December 10, 2013
EFFECTIVE:
64
ACCEPTED BY:
COWTOWN CYCLE PARTY, LLC
By:
Printed Name
'e" X
Signature
Title
DATE:
Ordinance No.21051-12-2013
Pap 5 of 5
0
Ground Transportation Coordinator.Findin2 Factors
Under Section 34-271, subsection (b) in determining whether or not to recornmend the renewal nf
@yaobug operating authority, the Ground Transportation Coordinator shall consider, aomoA other dNu&a,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided c*odouem to be necessary arid desirable; and
(3) T lie holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/10/2013 - Ordinance No. 21051-12-2013
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DATE: Tuesday, December 10, 2013 REFERENCE NO.: **G-18074
LOG NAME: 2000WTOWN CYCLE PARTY
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Cowtown
Cycle Party, LLC, to Operate One Group Cycle Within the City of Fort Worth and Adopt Ordinance
Granting Such Authority (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. Cowtown Cycle Party, LLC, has performed satisfactorily under the terms of its operating authority;
b. The service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the City Code;
c. Cowtown Cycle Party, LLC, is qualified to conduct its business and continues to comply with the
requirements of Chapter 34 of the City Code;
d_ The general welfare of the citizens of the City will best be served by the continued operation of one
group cycle by Cowtown Cycle Party, LLC and;
2. Adopt the attached ordinance granting Cowtown Cycle Party, LLC, authority to operate one group cycle
on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on Cowtown
Cycle Party, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
DISCUSSION:
Cowtown Cycle Party, LLC (Company), was granted operating authority for one group cycle on November
12, 2012 (M&C G-17740), Ordinance No. 20504-11-2012). The initial operating authority was for a period
of one-year. On November 1, 2013, the Company submitted a renewal application seeking to operate one
group cycle within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-271, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the renewal of
operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 2000WTOWN CYCLE PARTY Page 1 of 2
grantee and completion of the publication requirement, in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees, under Chapter 34, is estimated to be
in the amount of$200.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $200.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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