HomeMy WebLinkAboutOrdinance 16882-04-2006ORDINANCE NO. 16882-04-2006
AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO
PETE'S LIMOUSINE TO USE TIE STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY OF FORT WORTH IN
ACCORDANCE WITH ARTICLE VI, CHAPTER 34 OF THE CODE OF
THE CITY OF FORT WORTH; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 9, 2003, the City Council approved Ordinance #1577$ (M&C
G-141.8$) granting privilege to Pete's Limousine to operate three (3) limousines upon the city
streets, alleys and thoroughfares subject to Pete's Limousine's compliance with all requirements
of Article VI, Chapter 34, of the Code of the City of Fort Worth (2003}, as amended ("City
Code"}; and
WHEREAS, City Code Section 34-220 requires the grant of privilege balder to maintain
a specif ed amount and character of insurance coverage for vehicles for hire for continued
operation under the grant; and
WHEREAS, on or about September 12, 2005, the City was notified that Pete's
Limousine had failed to maintain the required insurance coverage pursuant to City Code Section
34-220; and
WIEIEREAS, pursuant to City Cade Section 34-207(bj, notice was properly given and a
hearing was held on 1?ebruary 2, 2006 affording Pete's Limausine the opportunity to disprove
any and all charges and allegations set out in the notice; the Hearing Officer found that Pete's
Limousine failed to maintain the required insurance and was therefore not in compliance with
Section 34-220 of the City Code; and
WHEREAS, the City Council may revoke, repeal and cancel the grant of privilege made
to Pete's Limousine under Article Vl, Section 34-207, of the City Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Pete's Limousine's {"Company") privilege 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 is hereby revoked, and the
Company shall immediately cease operation of its three {3) limousines upnn city streets.
SECTION Z.
That this revocation. shall render the grant of privilege cnrnpletely null and void and of no
further force and effect, and the Company shall be prohibited from applying for a grant of
privilege for two (2) years.
SECTION 3.
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 4
That the provisions of this ordinance shall be and are hereby declared to 6e cumulative of
all provisions of the Code of the City of Fort Worth, Texas {2003), 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 ~.
This ordinance shall be in full force and effect upnn adoption.
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APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CIT ATTORNEY
DATE:
ADOPTED: April 4, 2005
EFFECTIVE: April 4, 2006
Page 1 of 2
qty ®f F'® 'V~/®rth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved vn 4/412006 -Ordinance No. 16882-04-2006
DATE: Tuesday, April 04, 2006
LOG NAME: 38PETES L1M0 REFERENCE NO.: *'~G-15148
SUBJECT:
Consideration of Revocation of the Grant of Privilege Granted. to Pete's Limousine for Non-
Compiiance wifih Article VI, Chapter 34, Section 34-220 of the Code of the City of Fort Worth (2003)
as Amended; and Adopt Attached Ordinance
R~COMMEND~ITION:
It is recommended that the City Council:
1. Consider and adopt the findings and opinions of the City staff as presented herein; and
2. Adopt the attached ordinance to revoke the grant of privilege granted to Pete's Limousine for failure to
maintain in full force a certificate of liability insurance coverage for vehicles for hire required by Section 34-
220 and failure to maintain financial condition to conduct business as required by Secfiion 34-204(2}, Article
Vl, Chapter 34, of the Code of the City of Fort Worth (2003} as amended.
DISCUSSION:
On December 9, 2003, (M&C G-14188) the City Council approved Ordinance Number 15778 authorizing a
grant of privilege to Pete's Limousine to operate three limousines upon the city streets, alleys and
thoroughfares subject to Pete's Limousines' compliance with all requirements of Article IV, Chapter 34, of
the Cade of the City of Fort Worth {2003), as amended.
On September 12, 2005, the Company's current liability insurance coverage expired. In addition,
correspondence was received to indicate the Company, because of financial reasons, ceased operation of
its three limousines. The Ground Transportation Coordinator requested a hearing on the matter of the
revocation of Pete's Limousine grant of privilege for failure to ~ravide proof of financial responsibility or
maintain in force a certificate of liability insurance coverage during the authorized period of its grant of
privilege, as required by City Ordinance Section 34-220.
A hearing was held on February 2, 2005. Although notification of the revocation hearing was sent by
certified mail, pursuant to city ordinance Section 34-207(c}, representatives far Pete`s Limousines did not
appear to disprove any and all allegations. The Hearing Officer found the Company failed fo show proof of
financial responsibility or liability insurance since September 12, 2005, as required by Section 34-220,
Article Vl, Chapter 34 of the City Code and failed to maintain financial condition to conduct business as
required by Section 34-204(2). It is the Hearing O~cer's findings, based on the foregoing facts and
provisions of the applicable City ordinance, that there is sufficient cause for revocation of the grant of
privilege and authorizes the motion to revoke the Company's grant of privilege.
The City Council may revoke the grant of privilege made to Pete's Limousine under the terms of Article Vl,
Chapter 34, of the Code of the City of Fort Worth (2003), as amended, Secfiion 34-207{b). In the event of
such revocation the grant of privilege shall be thereafter completely null and void and of no further farce and
effect. The revocation of a holder's grant of privilege shall be in full force far two years.
l~ttp://www.cfwnet.arg/cauncil~acicetlReparts/c~rint.asp 4/18/2006
Page 2 of 2
It recommended that the City Council authorize the revocation of the grant of privilege granted to Pete's
Limousine on December 9, 2003, thereby requiring the Company to immediately cease operation of its
three limousines upon city streets, alleys and thoroughfares.
FISCAL IM1=0RMATIONICERTIFICATtON:
The Finance Director certifies that this action will have no material effect 'an City funds.
TO FundlAccountlCer~te~s
FROM FundlAccountlCenters
Submitted far City Manager`s Offiice by: Richard Zavala (Acting) (6222)
Originating Denartrnent Heacl: Elsa Paniagua (6711}
Additional Information Cor~tactmm Elsa Paniagua (6711)
l~ttp://www.cfwnet.arg/cauncil~aclcet/Repazts/anne~rint.asp 411 &12006