HomeMy WebLinkAboutOrdinance 19147-05-2010ORDINANCE NO 19147-05-2010
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO MCKINY SERVICES, 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 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, MAHING THIS ORDINANCE CUMULATIVE
OF ALL ORDINANCES, PROVIDING FOR A PENALTY, PROVIDING
FOR WRITTEN ACCEPTANCE BY MCKINY SERVICES, PROVIDING
FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, MCHINY SERVICES 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
MCKINY SERVICES, 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 of ONE (1)
LIMOUSINE m the City of Fort Worth,
2. That MCHINY SERVICES 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 (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 Chapter XXV Section 2 of the Charter of the City of Fort Worth and
Section 34-205 of the Crty Code of Ordinances,
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of ONE (1) LIMOUSINE by MCHINY SERVICES
and,
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4 That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(19$6), as amended, have been complied with by MCKINY SERVICES, and any
violations thereof will result m the imposition of penalties as provided by Section 34-
228 of the City Code of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1
That MCKINY SERVICES, a SOLE PROPRIETORSHIP 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 pubhc thoroughfares of the City of Fort Worth, Texas, in its business of providing pubhc
limousine service wrthm the said Crty'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 m 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
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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 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 habihty 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
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 m 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 m
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 m 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 m conflict.
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SECTION 7
That the Company acknowledges that payment of required fees, as specified m 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 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 the Company sell, transfer assign or otherwise encumber its
hmousme operation without the consent of the Fort Worth City Council.
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.
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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 hmousme service wrthm the City's municipal limits, and, in the
event of conflict between the provisions of this ordmance and such Code, the provisions of the City
Code shall govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordmance m 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 ordmance 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 ordmance 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 ordmance for two (2) days m the official newspaper of the Crty 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.
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SECTION 17
That this ordinance shall take effect upon adoption, acceptance of the grant and payment of
the fee by MCKINY SERVICES and publication as required bylaw
APPROVED AS TO.FOI~M AND LEGALITY
ASSISTANTI(~.#TY ATTO~IVEY
DATE
ADOPTED• May 18, 2010
EFFECTIVE a~ ~ D
ACCEPTED BY
MCHINY SER ICES
DATE ~ r" ~ ~ a~
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5f18/2010 -Ord. No. 191.47-05-2010
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DATE Tuesday May 18 2010
LOG NAME 20MCKlNY SERVICES
REFERENCE NO *G-16924
SUBJECT
Approve Findings of Ground Transportation Coordinator Regarding Application of McKiny Services to
Operate One Limousine Within the City of Fort Worth and Adopt 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 McKiny Services is qualified and financially able to conduct a limousine service within the City•
c. McKiny Services has complied with the requirements of Chapter 34 of the City Code
d McKiny Services 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 McKiny Services operating authority for one limousine on City
streets for a three year period subject to and conditioned on McKiny Services complying with all
requirements of Chapter 34 Article VI of the Code of the City of Fort Worth (1986) as amended
DISCUSSION
On April 15 2010 McKiny Services (Company) submitted an application requesting authority to operate a
limousine service 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 34-204 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
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
Logname. 20MCKINY SERVICES Page 1 of 2
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 1 limousine and
d The general welfare of the citizens of the City will best be served by the addition. of 1 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 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
$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/AccountlCenters FROM Fund/Account/Centers
GG01 421352 0201002 200.00
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
Fernando Costa (6122)
William A. Verkest P E (7801)
Gerald Taylor (6987)
Logname: 20MCKINY SERVICES Page 2 of 2