HomeMy WebLinkAboutOrdinance 18237-09-2008ORDINANCE NO. 18237-09-2008
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO VV~'YNNE SEDAN & LIMOUSINE GROUP 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 TWENTY-SIX (26)
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; PROVHING FOR WRITTEN
ACCEPTANCE BY VVYNNE SEDAN & LIMOUSINE GROUP; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, VVYNNE SEDAN & LIMOUSINE GROUP 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
V6~~'TVNE SEDAN & LIMOUSINE GROUP; and
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council fords:
1. That the public necessity and convenience require the operation in the City of Fort
Worth of TWENTY-SIX (26) LIMOUSINES by WYNNE SEDAN &
LIMOUSINE GROUP;
2. That WYNNE SEDAN & LIMOUSINE GROUP, is qualified and financially
able to efficiently conduct such business to render such service to the public,
consisting of the operation of TWENTY-SIX (26) 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;
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3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of TWENTY-SIX (26) LIMOUSINES by WYNNE SEDAN &
LIMOUSINE GROUP;
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 WYNNE SEDAN &
LIMOUSINE GROUP, and any violations thereof will result in the imposition of
penalties as provided by Chapter 34-228.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That WYNNE SEDAN & LIMOUSINE GROUP, a Limited Partnership with its
principal place of business and its headquarters in FORT WORTgI, TAR]L2ANT 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
TWENTY-SIX (26) 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.
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SECTI®N 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.
SECTI®N 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or
responsibility in malting 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 hind 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.
SECTI®N 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 aclnowledges
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
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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.
SECTI®N 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.
SECTI®N 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.
SECTI®N 10.
That nothing herein contained shall 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 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.
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 VVYNNE SEDAN & LIMOUSINE GROUP and publication as required by law.
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APPROVED AS TO FORM ANI) LEGALITY:
ASSISTANT CITY ATTORNEY
DATE: `~- ~f - ?-oo
ADOPTED: <) ~ ~ G~~
o
EFFECTIVE: '~ ~~(~
Pursuant to Code City of Fort Worth, Texas Section 205(d), I, ~ / E ~~~-~
(name) a~,..,(~J/2~~~~~~tle) of Wynne Sedan & Limousine
Group, certify that I am authorized to accept, and that I accept, the above ordinance on behalf of
Wynne Sedan & Limousine Group, a limited partnership,
//~~~
Sign e
-8 -off
Date
(Acknowledgement on the following page)
(The remainder of the page is intentionally left blank)
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STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally appeared
/~~ , a General Partner of the partnership of Wynn Sedan &
Limousine Group, known to me [or proved to me on the oath of ,
or through
(description of identity card or other document)] to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that the
sam i/s the ac~ Wynne Sedan & Limousine Group, a Texas Limited Partnership, and that
(~. ~ executed the same as its General Partner and as the act of such
limited partnership and for the purposes and consideration expressed in the foregoing instnament.
_.,~
~'tP~r~ CN,I'NERiNE L. NEVANS
~, * iVotary Paablic
.~~TATE ~~ TEXAS
~}9~~~~5 fly Ccanrn. Exp. ~C1/~9/2008
~~~~~
NOTARY PUBLIC, STATE OF TEXAS
~~~~~ ~~e~,~~~ ~ ~/~~~~~~s
PRINTED NAME OF NOTARY
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