HomeMy WebLinkAboutOrdinance 20582-01-2013ORDINANCE NO. 20582-01-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CONTINENTAL LIMOUSINE, INC., 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 FOUR (4) 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 CONTINENTAL
LIMOUSINE, INC.; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted CONTINENTAL LIMOUSINE,
INC., the authority to operate a limousine service on the public streets, alleys, and thoroughfares of
the City; and,
WHEREAS, CONTINENTAL LIMOUSINE, INC., 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 CONTINENTAL LIMOUSINE, INC.; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
facts made available to it, the City Council finds:
That CONTINENTAL LIMOUSINE, INC., 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 CONTINENTAL LIMOUSINE, INC., is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of
the operation of FOUR (4) 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 CONTINENTAL LIMOUSINE, INC., 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 FOUR (4) LIMOUSINES by CONTINENTAL
LIMOUSINE, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That CONTINENTAL LIMOUSINE, INC., a COMPANY 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
limousine service within the said City's municipal limits with FOUR (4) 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 fights 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.
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, ten-ninate all authority under this grant.
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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, fin-ri, 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.
SECTION 12.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter I 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.
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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 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 CONTINENTAL LIMOUSINE, INC., and publication as required by law,
APPRQVED AS TQFO
ASSISTANT CITY ATI
ADOPTED: Januar•
EFFECTIVE:
AND LEGALITY:
RINEY
15, 2013
Lill I
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ACCEPTED BY:
CONTINENTAL OM' OUSINE INC.'
DATE:
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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 set-vice 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 1115/2013 - Ordinance No. 20582-01-2013�
DATE: Tuesday, January 15,2013 REFERENCE NO.: °*G-17784
SUBJECT: LOG NAME: 2000NTINENTAL LIMOUSINE, INC.
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application ofContinental
UnnOUSinB. Inc., t0 Operate Four Limousines Within the City of Fort Worth and Adopt Ordinance Granting
RECOMMENDATION: Such Authority (ALL COUNCIL DISTRICTS)
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
8. The public necessity and convenience require the operation of four limousines upon the City
streets, alleys and thoroughfares;
b. CVMUneD1a| Limousine, Inc., is qualified and financially able to conduct |innOVsiDe service within
the City;
'.
C. Continental Linn0USiD0, Inc., has complied with the requirements of Chapter 34 of the City Code;
d. CODUD8Dtal LinoOUSiO8' Inc., pn8S8O\8d facts in support of compelling demand and necessity for
four limousines; and
e. The general welfare of the citizens Of the City will best be served bythe addition Of four limousines
upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Continental U0VUsin8. Inc., operating authority for four
limousines on City streets for a one-year period subject to and conditioned on Continental Limousine, Inc.,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth /1986\'8S
amended.
DISCUSSION:
On September 21, 2012, Continental Limousines, Inc., submitted a renewal application seeking to operate
four limousines within the City of Fort Worth.
Pursuant 0O 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 Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
Opec8dDg 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: 20C(}N7.INBN-[ALLJM()[lSINE, INC. Page l of
The one-year period shall commence 0nthe effective date, which shall be upon acceptance bythe
grantee and completion of the publication requirement in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-2O5nf the Code OfOrdinances.
The potential annual n8vHDueS from the COUeChOn Of applicable fees under Chapter 34, is estimated to be
iD the amount 0f$35O.O0.
CERTIFICATION: FISCAL INFORMATION /
The FlDaD{ja| Management Services Director certifies that the Transportation and Public Works
CENTERS: Department is responsible for the collection and deposit of fees due to the City.
FUND
TO Fund/AccounVCenters
GG01 421352 0201002 $350.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas NiVWersig (7801)
Gerald Taylor (0987)
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