HomeMy WebLinkAboutOrdinance 20507-12-2012ORDINANCE NO. 20507 -12 -2012
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CHOICE VALET, INC. D /B /A CHOICE TRANSPORT,
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 THREE (3) LIMOUSINES FOR 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 CHOICE VALET, INC. D /B /A CHOICE TRANSPORT,
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, CHOICE VALET, INC. D /B /A CHOICE TRANSPORT, has applied for
operating authority to furnish shuttle 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
CHOICE VALET, INC. D/B /A CHOICE TRANSPORT; 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 the public necessity and convenience require the operation in the City of Fort
Worth of THREE (3) LIMOUSINES;
2. That CHOICE VALET, INC. DB /A CHOICE TRANSPORT, is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of THREE (3) 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;
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Choice Valet, Inc. d/b /a Choice Transport Ordinance No. 20507 -12 -2012
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of THREE (3) LIMOUSINES by CHOICE VALET, INC. DIB/A
CHOICE TRANSPORT; 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, and any violations thereof will result
in the imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That CHOICE VALET, INC. D/B/A CHOICE TRANSPORT, a CORPORATION, with
its principal 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 shuttle service within the said City's municipal limits with THREE (3)
LIMOUSINES for a one 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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Choice Valet, Inc. d/b/a Choice Transport Ordinance No. 20507-12-2012
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 (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 shuttle service 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.
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
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Choice Valet, Inc. d/b /a Choice Transport Ordinance No. 20507 -12 -2012
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 ordinance shall supersede the
terms and conditions of this ordinance to the extent they are in conflict.
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
shuttle 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.
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Choice Valet, Inc. d/b/a Choice Transport Ordinance No. 20507-12-2012
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 shuttle 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.
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Choice Valet, Inc. d/b /a Choice Transport Ordinance No. 20507 -12 -2012
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.
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by CHOICE VALET, INC. D/B/A CHOICE TRANSPORT, and publication as required
by law.
".. 2 2 117 MOM I I
FMIURVA "i'viWILM�- �" OM
ADOPTED: December 4, 2012
CU" f /
EFFECTIVE:
ACCEPTED BY:
CHOICE VALET, INC. DIB/A CHOICE
TRANSPORT
DATE: ��� / /l
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Choice Valet, Inc. d/b/a Choice Transport Ordinance No. 20507-12-2012
Ground Transportation Coordinator FindW2 Factors
l]odtr 8ccdou 34-204, in determining whether or not to recommend the AruuCiug of operating
the Ground Transportation Coordinator shall conokier, among other things, the following items:
Probable pen-naneucyand quality o[ the service offered by the applicant, the applicant's
experience in rendering such service io the City or similar service elsewhere and the uppUouot'o
past record and experience iu adjusting claims and paying judgments, if any to claimants;
2. The financial ability ho provide the described service and ability ho respond toclaims
or judgments arising by reason o[business wpeoatkum` injury to punxunu`ordamage to property
resulting from operation ofa limousine service;
]. The character and condition uf the vehicles tohnused;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
nuemuhccs and persons with cuuuooLio interest making such upp|ioubou and each of the above-
numbered 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 u corporation nr other business
entity, that of its officers, members and stockholders; and
0. Such other information as yroouu<ed during any public bearing that may hcor on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
C u J2/4 `4
0 NCII�".,.,ACtIQN,'.�,',,,APProved, on, /21012-",,,,-, 0fdJna",qp-. (q �0
'W" 041,�
DATE: Tuesday, December 04, 2012 REFERENCE NO.: **G-17748
LOG NAME: 20CHOICE TRANSPORT
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Application of Choice Valet, Inc. d/b/a
Choice Transport, to Operate Three 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 three limousines upon the streets,
alleys and thoroughfares in the City of Fort Worth (City);
b. Choice Valet, Inc. d/b/a Choice Transport is qualified and financially able to conduct a limousine
service within the City;
c. Choice Valet, Inc. d/b/a Choice Transport has complied with the requirements of Chapter 34 of the
City Code;
d. Choice Valet, Inc. d/b/a Choice Transport 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.
2. Adopt the attached ordinance granting Choice Valet, Inc. d/b/a Choice Transport operating authority for
three limousines on City streets for a one year period subject to and conditioned on Choice Valet, Inc.
d/b/a Choice Transport complying with all requirements of Chapter 34, Article VI of the Code of the City of
Fort Worth (1986), as amended.
DISCUSSION:
On October 24, 2012, Choice Valet, Inc. d/b/a Choice Transport (Company), submitted an application
requesting authority to operate three 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 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Finding Factors are attached to this Mayor and Council
Logname: 20CHOICE TRANSPORT Page 1 of 2
Communication (M&C) and are incorporated into this M&C for all purposes.
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 revenue from the collection of applicable fees under Chapter 34 is estimated to be in
the amount of $300.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO F u nd/Accou nt/C enters
GG01 421352 0201002
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$300.00
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Gerald Taylor (6987)
Logname: 20CHOICE TRANSPORT Page 2 of 2