HomeMy WebLinkAboutOrdinance 20558-01-2013ORDINANCE NO. 20558 -01 -2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO PERFECT CHOICE LIMOUSINE, 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 A ONE (1) YEAR PERIOD BEGINNING ON
THE EFFECTIVE DATE; SPECIFYING THE TERMS AND CONDITIONS OF THE
GRANT; PROVIDING A SEVERABILITV CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY;
PROVIDING FOR WRITTEN ACCEPTANCE BY PERFECT CHOICE
LIMOUSINE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted PERFECT CHOICE LIMOUSINE, the
authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, PERFECT CHOICE LIMOUSINE, 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
PERFECT CHOICE LIMOUSINE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
That PERFECT CHOICE LIMOUSINE, 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;
3. That PERFECT CHOICE LIMOUSINE, 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
Operating Authority Ordinance (Renewal) Page 1 of 6
PERFECT CHOICE LIMOUSINE Ordinance No. 20558 -01 -2013
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 PERFECT CHOICE LIMOUSINE, 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 THREE (3) LIMOUSINES by PERFECT CHOICE LIMOUSINE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That That PERFECT CHOICE LIMOUSINE, a SOLE PROPRIETORSHIP 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 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, Texas (1986), as amended,
Operating Authority Ordinance (Renewal) Page 2 of 6
PERFECT CHOICE LIMOUSINE Ordinance No. 20558-01-2013
SECTION 4.
That the authority herein granted shall be and remain subject to said `o buU' complete, and
satisfactory uonup|iuoue with all federal, state, and kcal |uwm and ordinances, including but not
limited to the Charter of the City of Fort Worth, and all relevant provisions of Chapter 34, Code o{ 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 ofFort Worth omuuozem 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 orsuits, expense orliability, for any and all property damage or toss and/or personal injury,
including death, to any and all persons, of whatsoever kind or character, arising out of or in connection with
any utto or ooLiuuious by Company, its officers, agents, employees, drivers, licensees, invitees and
pooxeugem' in the exercise of the authority grunted herein; and Company mbo)| assume all liability and
responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property, and operations shall be and remain
subject utall tioier to such reasonable regulation by the City as is or may be necessary to protect the interests
o[ the general public. As such, the Company understands and acknowledges that docioA the term ofthis
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 he 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 dukt to cancel or otherwise modify any and all du6tx
granted undo,tbis ordinance and issue new grant ofoperating authority, as long as Company is not in
violation of any provision of Chapter 34o[ the Code o[ the City ofFort Worth, Texas (l980),usamended.
Operating Authority Ordinance (Denevm|) Page ]of6
PERFECT CHOICE LIMOUSINE Ordinance No. 2055O-Ol-20)7
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, 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.
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.
Operating Authority Ordinance (Renewal) Page 4 of 6
PERFECT CHOICE LIMOUSINE Ordinance No. 20558-01-2013
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 (Renewal) Page 5 of 6
PERFECT CHOICE LIMOUSINE Ordinance No. 20558-01-2013
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee
by PERFECT CHOICE LIMOUSINE, and publication as required by law.
AS TO FORM AND LEG
ANT CITY ATTORNEY
ADOPTED: January 8, 2013
EFFECTIVE:
ACCEPTED BY:
PERFECT CHOICE LIMOUSINE
DATE: j �/,
Operating Authority Ordinance (Renewal) Page 6 of 6
PERFECT CHOICE LIMOUSINE Ordinance No. 20558-01-2013
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
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COUNCIL ACTION: Approved on 1/8/2013 - Ordinance No. 20558 -01 -2013
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DATE: Tuesday, January 08, 2013
LOG NAME: 20PERFECT CHOICE
REFERENCE NO.: **G -17779
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Perfect Choice
Limousine 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 City
streets, alleys and thoroughfares;
b. Perfect Choice Limousine is qualified and financially able to conduct a limousine service within the
City;
c. Perfect Choice Limousine has complied with the requirements of Chapter 34 of the City Code;
d. Perfect Choice Limousine 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 Perfect Choice Limousine operating authority for three
limousines on City streets for a one -year period subject to and conditioned on Perfect Choice Limousine
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On December 3, 2012, Perfect Choice Limousine submitted a renewal application seeking 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 -271, 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 Coordinator Finding Factors are attached to this Mayor
and Council Communication (M &C) and are incorporated into this M &C for all purposes.
Logname: 20PERFECT CHOICE Pagel 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
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 fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers
0001 421352 0201002
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 20PERFECT CHOICE
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Gerald Taylor (6987)
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