HomeMy WebLinkAboutOrdinance 20205-05-2012ORDINANCE NO. 20205 -05 -2012
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO X- QUIZIT TRANSPORTATION, LLC, 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 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
XQUIZIT TRANSPORATION, LLC; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted X- QUIZIT
TRANSPORTATION, LLC, t e a o y t rAta,,*m sin service on the public streets,
alleys, and thoroughfares of the d,
WHEREAS, the City of Fort s t " ctions 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 X- QUIZIT TRANSPORTATION, LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
That X- QUIZIT TRANSPORTATION, LLC, has performed satisfactorily
under the tenns of its operating authority;
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Scott, Trac
From: Taylor, Gerald
Sent: Thursday, June 07, 2012 9:23 AM
To: Scott, Tracy
Cc: Taylor, Gerald
Subject: RE: Ground Transportation Ordinances
Hi Tracy,
I am sorry 20205 out of business; please disregard publication and signature.
Thanks
Gerald Taylor
Ground Transportation Coordinator
TPW /Business Support
City of ' Fort Worth
Office: 817 - 392 -6987
Fax: 817 -392 -6781
grald.taylor(kti)s °twortlhtexas zov
How am I doing?
Please contact my supervisor: Robinson .Cuthbert(c -) fortworthtexas gov
From: Scott, Tracy
Sent: Wednesday, June 06, 2012 3:59 PM
To: Taylor, Gerald
Subject: Ground Transportation Ordinances
Hi Gerald,
20205 is not signed by the vendor.
Both have been published.
Please let us know if we can be of further assistance.
Tracy Scott
Administrative Technician
City Secretary's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
817.392.6150 office
817.392.6196 fax
tra cv.scott(a)fort"vorthtexas.�TOV
fort S- %Lroh
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Follow Fort Worth:
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ORDINANCE NO. 20205-05-2012
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO X- QUIZIT TRANSPORTATION, LLC, 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 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
XQUIZIT TRANSPORATION, LLC; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted X- QUIZIT
TRANSPORTATION, LLC, the authority to operate a limousine service on the public streets,
alleys, and thoroughfares of the City; and,
WHEREAS, X- QUIZIT TRANSPORTATION, LLC, 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 X- QUIZIT TRANSPORTATION, LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
That X- QUIZIT TRANSPORTATION, LLC, has performed satisfactorily
under the teens of its operating authority;
Operating AuthowN Ordinance Ordinance No. 20205-05-2012
- Quiiit I ransportation, LLC Page I of 7
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;
3. That X- QUIZIT TRANSPORTATION, LLC, 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;
4. That X- QUIZIT TRANSPORTATION, LLC, 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 EIGHT (8) LIMOUSINES by X- QUIZIT
TRANSPORTATION, LLC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That X- QUIZIT TRANSPORTATION, LLC, a LIMITED LIABILITY COMPANY
with its principal local place of business and its headquarters in HURST, TARRANT
Olimiting AuthoritN Ordinance 01- dinancc No. 202115_115 -2012
X- Quiiit Tran�,Portation, LLC Page 2 of 7
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 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, 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
Operating Authority OrdiMilice Ordinance No. _'0205 - 05.201 2
X- (�uiiit IranTortation, LLC Page 3 of '7
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
later- adopted ordinance shall supersede the terms and conditions of this ordinance to the extent
they are in conflict.
Operating Authority Ordinance Ordinancc \o. 20205_05 -2012
X- Ouiiit Transportation, LLC Pagc 4 47
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 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.
Operating ,authority Ordinance Ordinance No. 2112115 -II5-21112
X- Ouiiit [ ransportation, LLC Past S of 7
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 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 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 Fort Worth; and section 34 -205 of the City Code of Ordinances.
Operating Authority Ordinance
Ordinance No. ?II?US- IIS -?fll?
X- Quiiit Transportation' LLC Pagc 6 of 7
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by X- QUIZIT TRANSPORTATION, LLC, and publication as required by law.
APPROVED AS TO FOA AND EGALITY:
ASSISTANY CITY ATTORN
ADOPTED: May 15, 2012
EFFECTIVE: CGS
ACCEPTED BY:
X- QUIZIT TRANSPORTATION, LLC
DATE:
Operating Authority Ordinancc Ordinance No. 20205 -05-2012
- (Quint I ran spoil at ion, LLC Page 7 of 7
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 service 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 5/15/2012 Ordinance No 20205 -05 -2012
DATE: Tuesday, May 15, 2012 REFERENCE NO.: * *G -17595
LOG NAME: 20X- QUIZIT TRANSPORTATION, LLC
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of X- Quizit
Transportation, LLC, 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. X- Quizit Transportation, LLC, is qualified and financially able to conduct a limousine service within
the City;
c. X- Quizit Transportation, LLC, has complied with the requirements of Chapter 34 of the City Code;
d. X- Quizit Transportation, LLC, presented facts in support of compelling demand and necessity for
eight limousines;
e. The general welfare of the citizens of the City will best be served by the operation of eight limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting X- Quizit Transportation, LLC, operating authority for eight
limousines on City streets for a one year period subject to and conditioned on X- Quizit Transportation,
LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986),
as amended.
DISCUSSION:
On April 13, 2012, X- Quizit Transportation, LLC, submitted a renewal application requesting authority to
continue to operate eight 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 -271 subsection (b), the Ground Transportation Coordinator
used the attached Ground Transportation criteria to determine whether or not to recommend the renewal
of granting operating authority. The Ground Transportation Finding Factors are attached to this Mayor and
Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 20X- QUIZIT TRANS PORTATION,LLC Page i of 2
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 funds due to the City.
FUND CENTERS:
TO Fund /Account/Centers
GG01 421352 0201002 $550.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig P.E. (7801)
Gerald Taylor (6987)
Logname: 20X- QUIZIT TRANSPORTATION,LLC Page 2 of 2