HomeMy WebLinkAboutOrdinance 18351-11-2008ORDINANCE NO. I835I-a-~aos
AN ORDINANCE GRANTING THE PRIVILEGE CIF OPERATING
AUTHORITY TO VANTAGE WAY, INC., D1B1A SMITH LIMOUSINE,
FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
LIMOUSINE BUSINESS, '~'tIHICH SHALL CONSIST OF THE
OPERATION OF THREE (3} LIMOUSINES FOR A THREE (3) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE, SPEC1 FYING 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 VANTAGE WAY, INC.,
DB1A SMITH LIMOUSINE; AND PROVIDL'~G FOR AN EFFECTIVE
DATE.
WHEREAS, VANTAGE WAY, INC., DBIA SMITH LIMOUSINE, 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 ~torth, pursuant to Section 34-204 of the Cade of the City
of Fort Worth (19&6}, as amended, has made inquiry and investigation into the application of
SMITH LIMOUSINE; and
WHEREAS, upon such inquiry and investigation and after t?ZOraugh consideration of all
the facts made available to it, the City Council finds:
That the public necessity and convenience require the operation in the City of Fort
~~orth of THREE {3} LIMOUSINES by VANTAGE WAY, INC., D/BlA
Sl~'IITH LIMOUSINE;
2. That VANTAGE WAY, INC., D/B/A SMITH LIMOUSINE, is qualified and
financially able to efficiently- conduct such business to render such service to the
public, con~i~til~~~ ~fthe operation of THREE {3) LIMOI~.~~INES upon the public
~tr~'~(>. a11~~ ~ ,~n~i th~~r~~u"1rCires of the City of Fort ~~-~~rtlt f~~r a thrtc ~ - ~ gar
j~cll~~~l: i~C,~1t7t71I1~,' t~17 lh~ ~1IC~t1v~' tj~ll~. ~~11ICh shall be ui~on aCC~j~i~illCe h~ ih~
,.~rantcc.;il~i ~:~n;i~!~~tEOn r~t'th~ publication requirement, as determined. ly Article
:V`t.G~, Section ~ of the C~i1~~rt~r ~~fthe City of Fo,~i ~'~~,rti;_
Pogo 1 cif 6
3. That the general ~~ ~ Ifare of the citizens of Fart ~~rorth will best be served by the
operation of TIIIZE~:F. (3} LIMOUSINES by VANTAGE V4'AY, INC., D/S/A
SMITH LIMOUSINE; and
~. That all other requirements of C1~~i~7tcr 3~ of the Cade of the City of Fart Forth
(1986), as amended, have been complied with b}° VANTAGE WAY, I'SC.,
D/I3IA SMITH LIMOUSINE, and an}= violations thereof will result in the
imposition of penalties as provided by Chapter 34-228.
NO~r, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEAS:
SECTION 1.
That VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE, a corporation with its
principal place of business and its headquarters in DALLAS, 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 Fart Worth, Texas, in its
business of providing public limousine service within the said City's municipal limits with
THREE {3} LIMOUSINES far 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 f ndings of the City Council.
SECTION 3.
That the Company, as holder of the grant. and the Comhan~ ~s ~~}~~~ratians hereunder, shall
be governed at all times b}=. the pr~~~ i~i~~rt~ nft~~t~ e=nd i~~leral (a~~~ mid regulations and Chapter
3~ of the Code ofthe City of Fort t~'~~rt?~ k 1 ~~~(~ ~, ~~~ .~~i~cn~i~d.
{The remainder- of Phis page i~ intentiun.~lh- left hf~ink.)
P~~.2c~f6
SECTIQN ~.
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 t?~iorth, and all relevant
provisions of Chapter 34, Code of the Cite of Fort Forth (1986}, as amended, and such other
ordinances as may be adapted from time to time by the City Council governing and regulating
the operation of Limousines in the City of Fort Worth.
SECTIOi~T 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 lass andlor 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 autharity granted herein, and Company shall assume all liability and
responsibility for same.
SECTIC?IV 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 Cit}r as is or may be necessary to
protect the interests of the general public. As such, the Company understands and acknot~=ledges
that during the term of this ordinance and grant, the City of Fort Worth may adopt such
ordinance ~~-hich filrthcr rc°,~u1~tc~ the operati~~n of the C'~,1~ti~,In~`~ ~~~r~ice ~~ itl~in the City of 1r~~rt
~~~c~1t1~. inelu~iin~~ the ~im~~unt «1 f~~~~~ to h~ i,<Ii~.i, <ind that ~~~~~~>> il~~ ~i~'~~~~ti~~n tl;~r~~r~f the t~u~;~E~a~~~
~17a~~ ~~~~I[1 CC~11CjUCT11iL il~ C?(~CI'all~~i]> 111 (:UIl1p~]anC'~ A~1111 i11e prt}~~1~IC?a~ ~~f ti[ICII Ordlnilll~'C~.
1arth~r. ~h~~u1;j the (~~(~ ].~t~r ,l~i~~~,t a~i r~r~ii~rance tlr~t ~~nu?~l c1~an,~ the natlir~~ n~ t11~~ ,~i~~l~t
~rani~Cj UIl~jC1~ I}11~ 1~1~IjlIll111~~_ I}?~' ~ liv 1C~:1vt'~ l1]~ 71'~'fl1 Its ~;1';7C~~ i~1 ~_71~1C1Vvl~i' illl?cjl~v IlllA <111C~
all 17~~1I5 ~f1Ill~tj I; P.~jt1' i~il~ t~l"t~111~11C~: ;:ihl l~U:; Ii i?~~~~~Ltlill Eii l}l}i~~~lllh._` cc4,li~ltr?1ii~r. ct~ ~t~l',' :;~
E~"~; U~ ~
Compan}~ is not in violation of any provision of Chapter ~~ of the Cade of the Cit}~ of Fort
Worth, Texas (19$6}, as amended. In the event the terms and conditions afthis ordinance are in
conflict ~~ith the provisions of any such ordinance adopted by the Cite, the prc~~~isions of such
ordinance shall supersede the terms and conditions of this ordinance to tht c~tcr~t they are in
conflict.
SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter
3~k 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 4.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as
amended. the Company shall nat sell, convey or transfer this grant of operating authority to any
other person, firm or corporation ~~thout 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 an ~ n ~~ t ~i re whatsoever.
SECTION l 1.
~1C1[ ails ~11~J~t'17~JCi':1 {l," ?'~A11~~1I1i111 t~~j t~?C ~~l'7Al~t ~~: Ll"~iT,IC~~ 11CI~C11) [ll;l\ t~C ;iCC('lll~?fl~f?~'~~
u71~~t1~ l~;t ~;~~)~~iC,l~~~t 1~1~~'\1~I1?il~ {~( (,~~lli~~it `~ t_l~ l}lam (,rift Cif (~'.~' C11v ~~I 1 ~?1't ~~ ~?I~1~1, l C\G1~
{ ~ I1(;~7 ~lJ tLliltil'~lt~l.
~c'3~~ ~ C}~ ~
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 part Worth, Texas {1986), as amended.
SECTION 13.
That the provisions of this ordinance shall be and are hereby declared to be cumulative of
ail provisions of the Code of the City of Fort Worth, Texas (1986), as amended, Fvith respect to
the regulation and operation of public limousine service within the City's municipal Limits, and,
in the event of conflict betufeen the provisions of this ordinance and such Code, the provisions of
the City Cade shall govern and prevail.
SECTION 1 ~.
A penalty may be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($SOQ). Each day that a violation exists shall constitute a separate offense.
any violation of this ordinance shall be a class C misdemeanor.
sEeTION I5.
That after adoption of this ordinance, Company shall pa~f all required fees and file ~~~ith
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 I6.
That this ordinance shall take effect upon ad~:~~~lion; acceptance of the grant and payment
of the fee by V4IV'TAGE ~'AY, INC., l~/Bl~~ ~~1IT~ LIMOUSINE, and publication as
required by late.
(Si<~n~ifure~ aE~~~ear tin the ft~lio~~in;; pa~~e.~
{Th.c z~~n~~~~ir~itr t~f this }~a~c~ i~ it~te~~iti~,1:~~,11~ I~11 blank.)
P" a ~~ ~ cif 6
APPROVED AS TO FORIYI AND LEGALITY:
,,
_ ~ _..~
ASSISTANT CITY ATTORNEY
DATE:
ADAPTED: i}U~,m~~ k~ ~
EFFEGTI~~E. `~0~~~tt~f' ~ ~. ~
Pursuant to Code City crf Fort Worth. Texas Section 205(4), I, ~~ ~~~_. :-~%~:
(named as ~ ~ .~ {title} of Vantage Way, Inc., dlbta
Smith Limousine, certify that I am authorized to accept, and that I accept, the above ordinance
on behalf of Vantage Way, Inc., dlbla Smith Limousine, a corporation.
i
;' ~
~~ ~ ~ e ,~
•r f
-- ~ _~_
Signature
Date: ~ ' '
~--
STATE AF TEXAS ~
COUNTY OF TARRANT ~
This instrument eras acknowledged before me on ~~~ ~ ~ , 2008, b~- ,-~, _=_
(named of Vantage Vilay, Inc., a Texas Corporation, on behalf of said
corporation.
~ f _. ~~ '~ Notary ~hblic
~' ~'~ `~ S'rA?~ ~~ TEXAS ~'~
n~~~ ~
'~~~ My G,~!nrr,. cxp 1 ~~~291201 i 5
.~-rv.
~O ~~:AI~~' ['l ~131.1(~_ ~~I~.~ 1~1~ UI ll~ `~ 1~
PClilt~~~ ~il~ll~ (~1 \Ul~~ry
{1~ 7101:11 1 ti Rlllil~ lti IlC}t oTl the no~ilf~ ~~U.l)
Page 6 of 6
~i~y ~f Farf V1~orffi, Texas
mayor ar~d ~:oc~ncil ~omrnur~icat~or~
COUNCIL AGT!('3N: Approved on 11/11/2{}0$ - C?rd. No. 1$351-11-2008
DATE: Tuesday, November 11, 2008
LC?G NAlUIE: 20SMITN LIMO
REFEF2ENCE NQ.: **G-16346
SUBJECT:
Approve the Findings of the Ground Transportation Coordinator Regarding the Application of
Vantage Way, Inc., d/b/a Smith Limousine, to C}perate Three Limousines 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. Public necessity and convenience require the operation of three limousines upon the City streets,
alleys, and thoroughfares;
b. Vantage Way, inc., dlbia Smith Limousine, is qualified and financiaNy able to conduct a limousine
service within the City;
c. Company has complied with the requirements of Chapter 34 of the City Code;
d. Company presented facts in support of compelling demand and necessity for three limousines; and
e. 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; and
2. Adopt the attached ordinance granting Vantage Way, Enc., dlbla Smith Limousine, operating authority for
three limousines on City streets for a three year period if Vantage Way, Inc., d/b/a Smith Limousine,
complies with all requirements of Chapter 34, Article VI, Division 3 of the Cade of the City of Fort Worth
{1986}, as amended.
DISCUSSION:
On September 5, 20#}8, Vantage Way, Inc., d/b1a Smith Limousine {Company}, submitted an application to
the City requesting authority to operate a limousine service v~~ithin the City of Fort Worth.
Pursurant to Chapter 34, Article Vl, Division 3, Section 34-205 of the City Code. considering fhe Company`s
application, the City Council must determine v,~hether or rrot to adopt. approve or confirm the findings of the
Ground Transportation Coordinator. Under section 34-20~, in determining whether or not to reco~z~n~end the
granting of operating authority, the Ground Transportation Coordinator shall have eon;idered, among other
things. fhe following items
1. Probable pesma~~ency and gr,ality o; the service offered by the apnlica~~~t_ the app'icant's experience in
rena`ering such service in the c?ty or si~~r !ar service elsewhere. and the appl cant's past. record and
experieece in adjusting claims and paying judar~rents, if any, to claimants;
Lg~narrre:20~Iv1I`ht~LIMC) E'~~~~~ l c~f2
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 ar 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;
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 Goordinatar made the following findings and recommends approval:
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 compeNing demand and necessity for three limousines; and
d. The general welfare of the citizens of the Gity 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. tNFC}RMATtt?N/CERTIFtCATtQN:
The Financial Management Services Director certifies that Transportation and Public Works is responsible
far the collection and deposit of fees due to the City.
TO FundlAccountlCenters FROM Fu_n_dlAccount_ICenters
Ca~~1 421352 013401 Cl ~225_QC}
Submitted for City Manager`s Office by:, Fernando Costa (5122)
griginating Department Head: Greg Simmons 0862)
Additional Information Contact: Mike Robinson (2448)
Gerald Taylor (G98 <}
I.~~~~~n~~n~~~ ~'(1S\rl J:1t LIl~~Q 1'.rc~_c ~' ;~" 2