HomeMy WebLinkAboutOrdinance 20589-01-2013 ORDINANCE NO. 20589-01-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO COUNTRY TRANSPORTATION SERVICE, 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 ONE (1) LIMOUSINE 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 COUNTRY
TRANSPORTATION SERVICE, PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, COUNTRY TRANSPORTATION SERVICE, 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
COUNTRY TRANSPORTATION SERVICE; 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 ONE (1) LIMOUSINE;
2. That COUNTRY TRANSPORTATION SERVICE, is qualified and financially
able to efficiently conduct such business to render such service to the public,
consisting of the operation of ONE (1) LIMOUSINE 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 ONE (1) LIMOUSINE by COUNTRY TRANSPORTATION
SERVICE; 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 COUNTRY TRANSPORTATION
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Country Transportation Service Ordinance No. 20589-01-2013
SERVICE, 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 L
That COUNTRY TRANSPORTATION SERVICE, 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 shuttle service within the said City's municipal limits with ONE (I)
LIMOUSINE 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 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.
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Country Transportation Service Ordinance No. 20589-01-2013
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.
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Country Transportation Service Ordinance No. 20589-01-2013
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.
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Country Transportation Service Ordinance No. 20589-01-2013
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 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,
Operating Authority Ordinance Page 5 of 6
Country Transportation Service Ordinance No. 20589-01-2013
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 COUNTRY TRANSPORTATION SERVICE, and publication as required by law.
APPROVED A S TO FO D LEGALITY:
FORMA
ASSISTANT CITY ATT RNEY
ADOPTED: January 29, 2013
EFFECTIVE:
ACCEPTED BY:
COUNTRY TRANSPORTATION SERVICE
ti
DATE:
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Country Transportation Service Ordinance No. 20589-01-2013
Ground Transportation Coordinator Finding Factors
Under Section 34'204, in determining whether or not to cccoouonod the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the tbUovviog items:
|. Probable poouuueocy and quality of the men/ice offered by the upp|iouut, 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 toprovide the described service and ability to respond to claims
or judgments udxiug by roumou of business operations, injury to persons, or damage to property
ceaulboA from operation ofo limousine service;
3. The character and condition of the vehicles 1obeused;
4. [f the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and persons with economic interest making such application and each of the above-
numbered demuaaapp1iedtocuobofLbomtoukbo|ders,ofOcers' nocnoboruaoddircotom;
5. The applicant's character and past record and, if the applicant is u corporation or other buxbzeua
entity, that of its officers, members and stockholders; and
h. Such other iuthooudon as presented during any public beodug that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council COI'Y1rY Unication
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COUNCIL ACTION: Approved on 1129/2013: - Ordinance N4. 20589-01-2013
DATE: Tuesday, January 29, 2013 REFERENCE NO.: **G-17793
LOG NAME: 2000UNTRY TRANSPORTATION SERVICE
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Application of Country Transportation
Service to Operate One Limousine 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 one limousine upon the City streets,
alleys and thoroughfares;
b. Country Transportation Service is qualified and financially able to conduct a limousine service within
the City;
c. Country Transportation Service has complied with the requirements of Chapter 34 of the
City Code;
d. Country Transportation Service presented facts in support of compelling demand and necessity for
one limousine;
e. The general welfare of the citizens of the City will best be served by the addition of one limousine
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Country Transportation Service operating authority for one
limousine on City streets for a one year period subject to and conditioned on Country Transportation
Service complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
On December 4, 2012, Country Transportation Service submitted an application requesting authority to
operate one limousine 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: 2000UNTRY TRANSPORTATION SERVICE Page 1 of 2
Communication and are incorporated into this Mayor and Council Communication 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
$200.00.
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 FROM Fund/Account/Centers
GG01 421352 0201002 $200.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Doug W. Wiersig (7801)
Additional information Contact: Gerald Taylor (6987)
Logname: 2000UNTRY TRANSPORTATION SERVICE Page 2 of 2