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HomeMy WebLinkAboutOrdinance 19294-09-2010ORDINANCE NO 19294-09-2010 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO ECLIPSE LIMOUSINE SERVICES, 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, MAHING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES, PROVIDING FOR A PENALTY, PROVIDING FOR WRITTEN ACCEPTANCE BY ECLIPSE LIMOUSINE SERVICES, LLC, PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ECLIPSE LIMOUSINE SERVICES, 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 ECLIPSE LIMOUSINE SERVICES, LLC, and, WHEREAS upon such inquiry and investigation and after thorough consideration of all the facts made available to rt, the City Council finds 1 That the public necessity and convenience require the operation of TWO (2) LIMOUSINES m the City of Fort Worth, 2 That ECLIPSE LIMOUSINE SERVICES, 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 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 Fort Worth will best be served by the operation of TWO (2) LIMOUSINES by ECLIPSE LIMOUSINE SERVICES, LLC 1 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 ECLIPSE LIMOUSINE SERVICES, LLC 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 ECLIPSE LIMOUSINE SERVICES, LLC, a CORPORATION with its principal place of business and its headquarters in ROCKWALL, 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, m its business of providing public hmousme service within the said City's municipal limits 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 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 2 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 Crty Council governing and regulating the operation of Limousines m 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 m 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 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 rts 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 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 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 in 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. 4 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 lzmousme 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 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 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. 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 m 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. 5 SECTION 17 That this ordinance shall take effect upon adoption, acceptance of the grant and payment of the fee by ECLIPSE LIMOUSINE SERVICES, LLC and publication as required by law FORM AND LEGALITY TTORNEY DATE ADOPTED e tember 14 2010 EFFECTIVE ~ ~~~ ~ ACCEPTED BY ECLIPSE LIMOUSINE SERVICES, LLC DATE ~~.2 D~~ 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on,9/14/201`'0 -Ord'. No. 19294-09-2010. -_,_ ,, -_~~ ~q.~ _.~~,~.a--.~.~.~ --~, DATE Tuesday September 14 2010 LOG NAME 20ECLIPSE LIMOUSINE SERVICES LLC REFERENCE NO "G-17033 SUBJECT Approve the Findings of the Ground Transportation Coordinator Regarding the Application of Eclipse Limousine Services 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 Eclipse Limousine Services, LLC is qualified and financially able to conduct a limousine service within the City• c. Eclipse Limousine Services LLC has complied with the requirements of Chapter 34 of the City Code d Eclipse Limousine Services LLC presented facts in support of compelling demand and necessity for two limousines, e The general welfare of the citizens of the City will best be served by the addition of two {imousines upon City streets alleys and thoroughfares, and 2. Adopt the attached ordinance granting Eclipse Limousine Services, LLC operating authority for two limousines on City streets for a three year period subject to and conditioned on Eclipse Limousine Services LLC complying with all requirements of Chapter 34 Article VI of the Code of the City of Fort Worth (1986), as amended DISCUSSION On August 13 2010 Eclipse Limousine Services 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. 20Ecl.ipse Limousine SERVICES, 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 $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 bv: Fernando Costa (6122) Originatina Department Head. William A. Verkest P E (7801) Additional Information Contact: Gerald Taylor (6987) Logname: 20Eclipse Limousine SERVICES, LLC Page 2 of 2