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HomeMy WebLinkAboutOrdinance 17940-01-2008ORDINANCE NO. 17940-01-2008 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO SEDAN ONE, LLC, FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS WHICH SHALL CONSIST OF THE OPERATION OF THREE (3) LIMOUSINES 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 SEDAN ONE LLC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SEDAN ONE, LLC has applied for operating authority to furnish Limousine 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 SEDAN ONE, LLC; 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 THREE (3) LIMOUSINES by SEDAN ONE LLC; 2. That SEDAN ONE LLC. is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of THREE (3) LIMOUSINES upon the public streets, alleys and thoroughfares of the City of Fort Worth for a three (3) year period; beginning on the effective date, which shall be upon acceptance by the grantee and completion of the publication requirement, as determined by Article XXV, Section 2 of the Charter of the City of Fort Worth; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of THREE (3) LIMOUSINES by SEDAN ONE LLC; 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 SEDAN ONE LLC, and any violations thereof will result in the imposition of penalties as provided by Chapter 34-228. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That SEDAN ONE LLC, a Corporation with its principal place of business and its headquarters in Arlington, 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 THREE (3) LIMOUSINES 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. 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 Fort 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. 2 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 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 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 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 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 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 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 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. 3 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 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 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 it sell, transfer, assign or otherwise encumber its limousine 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 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. 4 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. SECTION 16. That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by SEDAN ONE, LLC. and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ~~-- ASSISTAN C TY ATTORN Y DATE: January 9, 2008 ADOPTED: January 8, 2008 EFFECTIVEti ACCEPTED BY: WILLIAM THORNE SEDAN ONE LLC: Date: ~ - 2 ' ~~ Cif ®f F®t~ V~®h, 1`~xas Mayor and Council Communication 'COUNCIL ACTION: Approved on 1/8/2008 -Ord. No. 17940-01-2008 DATE: Tuesday, January 08, 2008 LOG NAME: 38SEDAN ONE REFERENCE NO.: **G-16011 SUBJECT: Consideration of Application to Grant Operative Authority to Sedan One, LLC, to Operate Three Limousines. upon the Streets, Alleys, and Public Thoroughfares of the City of Fort Worth and Adoption of Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Consider and adopt the findings and opinions of the City staff as presented herein; 2. Adopt the Ground Transportation Coordinator's findings that the public necessity and convenience require the operation of three limousines upon the city streets, alleys, and thoroughfares; and 3. Adopt the attached ordinance granting operating authority to Sedan One, LLC, for a period of three years authorizing the operation of three limousines upon city streets, such ordinance being subject to and conditioned upon Sedan One, LLC, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On November 27, 2007, Sedan One, LLC, (Company) submitted an application to the City to operate a limousine service within the City of Fort Worth. When considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section 34-204 of the City Code, must determine whether or not to adopt the findings of the Ground Transportation Coordinator. In determining whether or not operating authority should be made, the Ground Transportation Coordinator shall have considered, among other things, the following items: 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 o~ 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 limousines 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; Lognaine: 38SEDAN ONE Page 1 of 2 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 following findings and City staff opinions are derived from the review of the Company's application and from staffs independent investigation: 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 three limousines; and d. The general welfare of the citizens of the city will best be served by the addition of three limousines 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 determined by Article XXV, Section 2 of the Charter of the City of Fort Worth. The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is estimated at $225.00. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that 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 225.00 Submitted for City Manager's Office by: Joe Paniagua (6191) Originating Department Head: Deidra Emerson (6711) Additional Information Contact: Deidra Emerson (6711) Logname: 38SEDAN ONE Page 2 of 2