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HomeMy WebLinkAboutOrdinance 16883-04-2006ORDINANCE NO. 16883-04-2006 AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO SHOOTING STAR LIMOUSINES TO USE THE STREETS, ALLEYS AND PUBLIC THORO~CJ~GHFARES 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 CLAC7SE; MAKING T1IIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATEe WHEREAS, an March 11, 2004, the City Council approved Ordinance #15905 (M&C G-14291) granting privilege to Shooting Star Limousines to operate six (6) limousines upon the city streets, alleys and thoroughfares subject to Shooting Star Limousines' compliance with all requirements of Article VI, Chapter 34, of the Code of the City of Port Worth (2003), as amended ("City Code"); and WHEREAS, City Cade Section 34--220 requires the grant of privilege holder to raintain a specified amount and character of insurance coverage for vehicles for hire for continued operation under the grant; and W~IEREAS, on ox about January 20, 2006, the City was notified that Shooting Star Limousines had failed to maintain the required insurance coverage pursuant to City Code Section 34-220; and WHEREAS, pursuant to City Code Section 34-207(b), notice was properly given and a hearing was held an March 2, 2006 affaxding Shooting Star Limousines the opportunity to disprove any and all charges and allegations set out in the notice; the Hearing Officer found that Shooting Star Limousines failed to maintain the required insurance and was therefore not in compliance with Section 34-220 of the City Code; anal WHEREAS, the City Council may revoke, repeal and cancel the grant of privilege made to Shooting Start Limousines under Article VI, Section 34-207, of the City Code. 1 NOW, TIIEREFORE, SE IT ORDAINED BY THE CITY COUI~'CIL OF TH[E CITY OF FORT WORTFI, TEXAS: SECTION 1e That Shooting Star Limousines' ("Company") privilege to use the present and future streets, alleys and public thoroughfares of the City of Fort Worth, Teas, 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 six (6) limousines upon city streets. SECTION 2. That this revocation shall render the grant of privilege completely null and void and of no further force and effect, and the Compa~zy shall be prohibited from applying for a grant of privilege for two (2} years. SECTIOl~ 3e 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. SECTIOI~I 4 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 (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 Cade, the provisions of the City Code shall govern and prevail. SECTION 5e This ordinance shall be in full force and effect upon adoption. 2 APPROVED AS TO FORM AND LEGALITY: ASSISTANT TY ATTORNEY DATE: ~ c] C~ ADOPTED: A ril4 20x6 EFFECTIVE: Apxii ~, 200b ,__„_,_ Page 1 of 2 City ®f ~®rt VI/®-~th, Te~a~ y'~" ~~ laC1~ 1, 1 I Y COUNCIL ACTION: Approved an 414120D6 ~-Ordinance No. 1G$$3-Q4-2(3E)6 DATE: Tuesday, Apri[ 04, 2006 LOO NAIVIE: 3$SHOOTiNG STAR REFERENCE NO.: ~*G-15'[49 SUBJECT: Consideration of Revocation of the Grant of Privilege Granted to Shooting Star Limousines for Non- compliance with Article VI, Chapter 34, Sectian 34-220 of the Code of the City of Fort Worth (2003) as Amended; and Adopt the Attached Ordinance RECOMMEN©ATION: 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 Shooting Star Limousines for failure to maintain in force a certificate of liability insurance coverage for vehicles far hire as required by Section 34-220, Article VI, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. DISCUSSION. On March 11, 2004, {M&C G-14291) the City Council approved Ordinance dumber 15905 authorizing the grant of privilege to Shooting Star Limousines to operate six limousines upon the city streets, alleys and thoroughfares subject to Shooting Star Limousines' compliance with all requirements of Article Vl, Chapter 34, of the Cade of the City of Fort Worth {2003), as amended. On January 20, 2006, correspondence was received regarding cancellation of Shooting Star Limousines' liability insurance coverage, effective January 24, 2006, for non-payment of premiums. The City of Fort Worth Ground Transportation requested a hearing on the matter of the revocation of Shaating Star Limousines` grant of privilege for failure to maintain in force a certificate of liability insurance coverage during the authorized period of its grant of privilege, as required by the city ordinance Chapter 34, Section 220. A hearing was held on March 2, 2000. Although notification of the revocation hearing was sent by certified mail, pursuant to city ordinance Section 34~-207(c), Shooting Star Limousines representatives did not appear to disprove any and all allegations. The hearing was conducted an March 2, 2006 and evidence was presented. The Hearing Officer found the Company failed to show proof of financial responsibility ar liability insurance since January 20, 2006, as required by Section 34-220. Furthermore, the Hearing Officer found that Shooting Star Limousines has not paid the annual street rental fees for the year 2006 that are due on or before January 1 of each calendar year, required by Section 34-222. It is the Hearing Officer'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 matron to revoke Shaating Star Limousines' grant of privilege. The City Council may revoke the grant of privilege made to Shooting Star Limousines under the terms of Article VI, Chapter 34, of the Code of the City of Fort Worth {2003) as amended, Sectian 34-207{c). In event of revocation, the grant of privilege shall be thereafter completely null and void and of no further farce and effect. Revocation of the holder's grant of privilege shall be in full force far two years. http://www.cfwnet.arg/council_Packet/Reports/roc print.asp 4/18/2006 Page 2° of 2 It is recommended that the City Council authorize revocation of the grant of privilege granted to Shooting Star Limousines on March 1'l, 20E~4, requiring the Company to immediately cease operation of its six limousines upon city streets, alleys and thoroughfares. 1=1SCAL INFORMATIONICERTII~ICATION: The Finance Director certifies that this action will have no material effect an City funds. TO l" undlAccou ntlCenters FROM Fi ndlAccountlCenters Submitted for City Manager's Office bx: Richard Zavala (Acting} (6222) Orpgmafing Qepartment Head: 1=1sa Paniagua (67~ 1) Addi~ioc~al Information Contact: l~lsa Paniagua (67~ 1) http://www.cfwnet.org/council_packet/Repoz~ts/aCxac~rint.asp 411$12006