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HomeMy WebLinkAboutOrdinance 20204-05-2012ORDINANCE NO. 20204-05-2012 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO LIMO 10 INC., D /B /A 360 LIMO, 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 EIGHT (8) 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 LIMO 10 INC., D /B /A 360 LIMO, INC., PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LIMO 10 INC., d /b /a 360 LIMO, INC., 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 LIMO 10 INC., d /b /a 360 LIMO, INC.; 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 EIGHT (8) LIMOUSINES; 2. That LIMO 10 INC., d /b /a 360 LIMO, INC., is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of EIGHT (8) 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; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of EIGHT (8) LIMOUSINES by LIMO 10 INC., d /b /a 360 LIMO, INC.; and, Operating Authority Ordinance Ordinance No. 20205 -05 -2012 Limo 10, Inc. d,ba 360 Limo. Inc. Page I of 6 4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, have been complied with LIMO 10 INC., d /b /a 360 LIMO, INC., 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 LIMO 10 INC., d /b /a 360 LIMO, INC., a Corporation with its principal place of business and its headquarters in DALLAS, DALLAS 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 EIGHT (8) 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. 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 0ty of Fort Worth, and all relevant Operating Authority Ordinance Ordinance No. 20205 -05 -2012 Limo 10, Inc. d,b,a 360 Limo, Inc. Page 2 of 6 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 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. Operating Authority Ordinance Ordinance No. 20205-05-2012 Limo 10, Inc. d, b. a 360 Limo, Inc. Page 3 of 6 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. 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. Operating Authority Ordinance Ordinance No. 20205- 05 -2011 Limo l0, Inc. db,a 360 Limo, Inc. Page 4 of 6 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. 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, Operating Authority Ordinance Ordinance No. 20205-05-2012 Limo 10, Inc. d: b 360 Limo. Inc. Page 5 of 6 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 LIMO 10 INC., d /b /a 360 LIMO, INC., and publication as required by law. DAST ASSIS LEGALITY: ADOPTED: May 15, 2012 EFFECTIVE: l ACCEPTED BY: LIMO 10 INC., d /b /a 360 LIMO, INC. DATE: 4 ~6 - _ ll Operating Authoritv Ordinance Ordinance No. 20205 - 05.2012 Liuno 10, Inc. d b, a360 Limo, Inc. Page 6 of h Ground Transportation Coordinator's Finding Factors For New Applications Under Section 34 -204, in determining whether or not to recommend the granting of operating authority, the Board's shall consider, among other things, the following items: 1. Probable permanency and quality of the service offered by the applicant, the applicant's experience in rendering such service in the City or similar service elsewhere and the applicant's past record and experience in adjusting claims and paying judgments, if any, to claimants; 2. The applicant's financial ability to provide the described service and ability to respond to claims or judgments arising by reason of business operations, injury to persons, or damage to property resulting from operation of a limousine service; 3. The character and condition of the vehicles to be used; 4. If the applicant is a corporation or other business entity, the qualification of the officers, directors, members and persons with economic interest malting such application and each of the above - numbered items as applied to each of the stockholders, officers, members and directors; S. The applicant's character and past record and, if the applicant is a corporation or other business entity, that of its officers, members and stockholders; G. Whether the vehicles subject to the request are either licensed in Dallas or dedicated to Fort Worth or neighboring areas; 7. Such other information as presented during any public hearing that may bear on the public necessity and convenience. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/15/2012 - Ordinance No. 20204 -05 -2012 DATE: Tuesday, May 15, 2012 LOG NAME: 20LIMO 10, INC. REFERENCE NO.: * *G -17594 SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding Application of Limo 10, Inc., d /b /a 360 Limo, Inc., to Operate Eight 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 eight limousines upon the City streets, alleys and thoroughfares; b. Limo 10, Inc., d /b /a 360 Limo, Inc., is qualified and financially able to conduct a limousine service within the City; c. Limo 10, Inc., d /b /a 360 Limo, Inc., has complied with the requirements of Chapter 34 of the City Code; d. Limo 10, Inc., d /b /a 360 Limo, Inc., presented facts in support of compelling demand and necessity for eight limousines; e. The general welfare of the citizens of the City of Fort Worth will best be served by the addition of eight limousines upon City streets, alleys and thoroughfares; and 2. Adopt the attached ordinance granting Limo 10, Inc., d /b /a 360 Limo, Inc., operating authority for eight limousines on City streets for a one year period subject to and conditioned on Limo 10, Inc., d /b /a 360 Limo, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On April 20, 2012, Limo 10, Inc., d /b /a 360 Limo, Inc., (Company) submitted an application to the City of Fort Worth requesting authority to operate eight limousines within the City of Fort Worth (City). Prior to forming this corporation, the same individuals were granted operating authority for 10 limousines (M &C G- 16518) under the name 360 Limo, Inc. 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 Logname: 20LIMO 10, INC. Page 1 of 2 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. 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 $550.00. 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: 550.00 FROM Fund /Account/Centers Fernando Costa (6122) Doug W. Wiersig (7801) Gerald Taylor (6987) Logname: 20LIMO 10, INC. Page 2 of 2