HomeMy WebLinkAboutOrdinance 20284-07-2012ORDINANCE NO.20284 -07 -2012
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO SILVER WEST, INC., D /B /A SILVER WEST
LIMOUSINES, 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 -TWO (22) LIMOUSINES FOR A ONE (1)
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 SILVER WEST, INC.,
D /B /A SILVER WEST LIMOUSINES; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted SILVER WEST, INC., D /B /A
SILVER WEST LIMOUSINES, the authority to operate a limousine service on the public
streets, alleys, and thoroughfares of the City; and,
WHEREAS, SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, has applied
for renewal of its 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 Sections 34 -204 and 34 -221 of the Code of
the City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES; 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 SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, has
performed satisfactorily under the terms of its operating authority;
2. That the service provided continues to meet the public necessity and convenience as
defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended;
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3. That SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, is qualified
and financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of TWENTY -TWO (22) LIMOUSINES upon the
public streets, alleys and thoroughfares of the City of Fort Worth for a one (1) 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;
4. That SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, continues to
comply with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended, and any violations thereof will result in the imposition of penalties
as provided by Section 34 -228 of the City Code of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of TWENTY -TWO (22) LIMOUSINES by SILVER WEST,
INC., D /B /A SILVER WEST LIMOUSINES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, a
CORPORATION, with its principal local place of business and its headquarters in FORT
WORTH, 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 limousine service within the
said City's municipal limits with TWENTY -TWO (22) LIMOUSINES for a one year period
beginning on the effective date.
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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, Texas (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
provisions of Chapter 34, Code of the City of Fort Worth, Texas (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 liability and
responsibility for same.
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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 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
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
later - adopted ordinance shall supersede the terms and conditions of this ordinance to the extent
they are in conflict.
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SECTION 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.
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.
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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 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 ($500.00). 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 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 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 SILVER WEST, INC., D /B /A SILVER WEST LIMOUSINES, and publication
as required by law.
APPROVED AS TO FO
CITY'A'
ADOPTED: July 17, 2012
AND JAEGALITY:
EFFECTIVE:�'�
n—
ACCEPTED BY:
SILVER WEST, INC., D /B /A SILVER
WEST LIMOUSINES
DATE: /Z
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Ground Transportation Coordinator Finding Factors
Under Section 34 -271, subsection (b) in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7117/2012 •Ordinance No. 20284 »07 - 2012.
DATE: Tuesday, July 17, 2012
LOG NAME: 20SILVER WEST INC.
REFERENCE NO.: * *G -17630
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Silver West,
Inc. d /b /a Silver West Limousines, to Operate Twenty -Two Limousines Within the City of Fort Worth and
Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
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 twenty -two limousines upon the City
streets, alleys and thoroughfares;
b. Silver West, Inc. d /b /a Silver West Limousines, is qualified and financially able to conduct a
limousine service within the City;
c. Silver West, Inc. d /b /a Silver West Limousines, has complied with the requirements of Chapter 34
of the City Code;
d. Silver West, Inc. d /b /a Silver West Limousines, presented facts in support of compelling demand
and necessity for twenty -two limousines; and
e. The general welfare of the citizens of the City will best be served by the addition of twenty -two
limousines upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Silver West, Inc. d /b /a Silver West Limousines, operating
authority for twenty -two limousines on City streets for a one -year period subject to and conditioned on
Silver West, Inc. d /b /a Silver West Limousines, complying with all requirements of Chapter 34, Article VI of
the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On June 4, 2012, Silver West, Inc. d /b /a Silver West Limousines, submitted a renewal application seeking
to operate 22 limousines 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 -271, the Ground Transportation used the attached Ground
Transportation criteria to determine whether or not to recommend the granting of operating authority. The
Ground Transportation Coordinator Finding Factors are attached to this Mayor and Council
Communication (M &C) and are incorporated into this M &C for all purposes.
Logname: 20SILVER WEST INC. Page I of 2
The one -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
in the amount of $1,250.00.
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
GG01 421352 0201002
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$1,250.00
FROM Fund /Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Gerald Taylor (6987)
Logname: 20SILVER WEST INC. Page 2 of 2