HomeMy WebLinkAboutOrdinance 19167-06-2010ORDINANCE NO 19167-06-2010
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO FRANKCISCO HUMMERSINE, 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 TWO (2) 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 FRANKCISCO
HUMMERSINE, LLC, PROVIDING FOR PUBLICATION, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, FRANKCISCO HUMMERSINE, LLC has applied for operating authority
to furnish LIMOUSINE service on the public streets, alleys, and thoroughfares of the Crty 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
FRANKCISCO HUMMERSINE, 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 of TWO (2)
LIMOUSINES in the City of Fort Worth,
2 That FRANKCISCO HUMMERSINE, LLC is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of
the operation of TWO (2) LIMOUSINES upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a three (3) year penod, 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 Fort Worth will best be served by the
operation of TWO (2) LIMOUSINES by FRANKCISCO HUMMERSINE, LLC
and,
1
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 FRANKCISCO
HUMMERSINE, LLC and any violations thereof will result m the imposition of
penalties as provided by Section 34-228 of the Crty Code of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1
That FRANKCISCO HUMMERSINE, LLC, a LIMITED LIABILITY COMPANY
with its principal place of business and its headquarters m SAGINAW, 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 hmousme service within the said City's municipal hmrts with TWO
(2) 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 Crty 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
2
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 m the Crty of Fort Worth.
SECTION 5.
That the Company acknowledges that the Crty of Fort Worth assumes no habilrty 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, dnvers, licensees, invitees and passengers, m the exercise
of the authonty granted herein, and Company shall assume all liability and responsibility for same.
SECTION 6.
That the Company acknowledges that its dnvers, 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 Crty 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 rights granted
under this ordinance and issue a new grant of operating authonty 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 Crty the provisions of such later adopted ordinance shall
supersede the terms and conditions of this ordinance to the extent they are m conflict.
3
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
limousine 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.
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.
4
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, m 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 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 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 wntten 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 Crty of Fort Worth, and section 34-205 of the City Code of Ordinances.
SECTION 17
That this ordinance shall take effect upon adoption, acceptance of the grant and payment of
the fee by FRANKCISCO HUMMERSINE, LLC and publication as required bylaw
5
APPROVED AS TO FORM AND LEGALITY
ASSISTANT CITY AT~dRNEY
DATE (~
ADOPTED June 8, 2010
EFFECTIVE ~
ACCEPTED BY
FRANKCI~O HUMMERSINE, LLC
~~C~ S ~ ~~~12c~\ ~ ~.
DATE y~' ` ~1, I V
City of Fort Worth, Texas
Mayor and Council Communication
_._ _ ~ ---- . ~u~,..
_s .~~
~,u
COUNCIL ACTION: Approved on 6/8/2010 -Ord. No. 19167-06-201Q
. ~_~, v ... ~ v - ~ ~ _ =~
DATE Tuesday June 08 2010 REFERENCE NO "G-16945
LOG NAME 20FRANKCISCO HUMMERSINE LLC
SUBJECT
Approve the Findings of the Ground Transportation Coordinator Regarding the Application of Frankcisco
Hummersine LLC to Operate Two Limousines 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 two limousines upon the City streets,
alleys and thoroughfares
b Frankcisco Hummersine LLC is qualified and financially able to conduct a limousine service within
the City
c. Frankcisco Hummersine LLC has complied with the requirements of Chapter 34 of the City Code,
d Frankcisco Hummersine LLC presented facts in support of compelling demand and necessity for
twa limousines
e The general welfare of the citizens of the City will best be served by the addition of two limousines
upon City streets, alleys and thoroughfares and
2. Adopt the attached ordinance granting Frankcisco Hummersine LLC operating authority for two
limousines on City streets for a three year period subject to and conditioned on Frankcisco Hummersine
LLC complying with all requirements of Chapter 34 Article VI of the Code of the City of Fort Worth (1986),
as amended
DISCUSS{ON
On April 19 2010 Frankcisco Hummersine LLC (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.
Logname: 20FRANKCISCO HUMMERSINE, LLC Page 1 of 2
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
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 two limousines, and
d The general welfare of the citizens of the City will best be served by the addition of two 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 in accordance with Chapter XXV Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be
$250 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 250:00
CERTIFICATIONS
Submitted for City Manager's Office !~: Fernando Costa (6122)
Originating Department Head. William A. Verkest P E (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20FRANKCISCO HUMMERSINE, LLC Page 2 of 2