HomeMy WebLinkAboutOrdinance 18767-08-2009ORDINANCE NO. 18767-08-2409
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ANGMAR ENTERTAINMENT, INC. FOR THE USE
OF THE STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF
THE CITY 1N THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH
SHALL CONSIST OF THE OPERATION OF ONE (1) LIMOUSINE, FOR
A THREE (3) 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 ANGMAR
ENTERTAINMENT, INC.; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, ANGMAR ENTERTAINMENT, INC. has applied for operating
authority to furnish LIMOUSINE service on the public streets, alleys and thoroughfares of the
City; and,
WHEREAS, the City of Fart 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
ANGMAR ENTERTAINMENT, INC.; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
l . That the public necessity and convenience require the operation in the City of Fort
Worth of ONE (1) LIMOUSINE;
2. That ANGMAR ENTERTAINMENT, INC. is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting
of the operation of ONE (1) LIMOUSINE upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a three (3j year period; beginning on
the 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;
3. That the general welfare of the citizens of Fart Werth will best be served by the
operation of ONE {1} L1II~IOUSINE by ANGI'~IAR ENTERTAINMENT, INC.,
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 ANGMAR
ENTERTAINMENT, INC., and any violations thereof will result in the
imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances.
NOW, TIdEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That ANGMAR ENTERTAINMENT, INC., a CORPORATION with its principal
place of business and its headquarters in MANSFIELD, TARRANT 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 limousine service within the said City's municipal limits with ONE
(1) LIMOUSINE for a three year period beginning on the effective date.
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.
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SECTION 4.
That 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 Fart Worth, and all relevant
provisions of Chapter 34, Code of the City of Fort Worth (1986), as amended, and such other
ordinances as may be adopted from time to time by the City Council governing and regulating
the operation of Limousines 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, expense or liability, for any and all
property damage or loss andlor 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 authority 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 maybe 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 dater 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
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rights 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 3~ 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
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 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.
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 (180} days shall,
ipso facto, terminate all authority under this grant.
SECTION 4.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, {1986), as
amended, the Company shall not se11, convey or transfer this grant of operating authority to any
other person, thin or corporation without the prior formal consent and approval of the City
Council of the City of Fort Worth, nor shall the Company se11, transfer, assign or otherwise
encumber its limousine operation without the consent of the Fort Worth City Council.
SECTION 10.
That nothing herein contained sha11 be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
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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 ofthe 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 limousine 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). Each day that a violation exists shall constitute a separate offense.
Any violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That 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.
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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
North, Texas, as authorized by Section 52.413 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 C}rdinanees.
SECTION 17.
That this ordinance shall take effect upon adoption, acceptance of the grant and payment
of the fee by ANGMAR ENTERTAINI~IENT, INC. and publication as required by law.
APPROVED A~ '1"O E'ORN[~ A'ND LEGALITY:
r
ASSIST:~N`T CITE' .~1.TTORNEY
DATE:
ADOPTED: August 25, 2009
EFFECTfVE:
~CCEYTED BY:
AiGM,4R EN~2'i~A~\i~TENT, INS: ~' ~ ~~-~
DATE• - __ ~
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Cr'ty of Fort Vllorth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8125/2009 -Ord. No. 18767-08-2009
DATE: Tuesday, August 25, 2009
BOG NAME: 20ANGMAR ENTERTAINMENT
REFERENCE NO.: *~G-16668
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Application of Angmar Entertainment,
Inc., to Operate One Limousine within the City of Fort Worth and Adopt an Ordinance Granting Such
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 one limousine upon the City streets,
alleys and thoroughfares;
b. Angmar Entertainment, Inc., is qualified and financially able to conduct a limousine service within
the City;
c. Angmar Entertainment, Inc., has complied with the requirements of Chapter 34 of the City Code;
d. Angmar Entertainment, Inc., presented facts in support of compelling demand and necessity for one
limousine;
e. The general welfare of the citizens of the City will best be served by the addition of one limousine
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Angmar Entertainment, Inc., operating authority for one
limousine on City streets for a three year period subject to and conditioned on Angmar Entertainment, Inc.,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986}, as
amended.
DISCUSSION:
On July 13, 2009, Angmar Entertainment, Inc., (Company) submitted an application to the City requesting
authority to operate a limousine service within the City of Fort Worth.
Pursuant to Chapter 34, Article VI, 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 34-204, in determining whether or not to
recommend the granting of operating authority, the Ground Transportation Coordinator shall consider,
among other things, the following items:
1. Probable permanency and quality of the service offered by the applicant, the applicant's experience in
Lo~name: 20ANGMAR ENTERTAINMENT Page 1 of 2
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 limousine service;
3. The character and condition of the vehicles 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-numbered
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 or 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 recommends approval based on the following findings:
a. The Company is qualified and financially able to conduct a limousine service within the City;
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 one limousine; and
d. The general welfare of the citizens of the City will best be served by the addition of one limousine 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 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
$200.00.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that Transportation and Public Works Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/AccountJCenters
GG01__421.35_2__ 020'!_0(}2
CERTIFICATIONS:
Submitted for City__Man_a_ ger's Qffice_by;
Originating Department Head:.
Additional Information Contact:
FROM FundlAccount_ICenters
X200.00
Fernando Costa (6122)
William A. Verkest P.E. (7801)
Gerald Taylor (6987)
Logname: 20ANGMAR ENTERTAINMENT Page 2 oft