HomeMy WebLinkAboutOrdinance 20611-02-2013 ORDINANCE NO. 20611-02-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO GOOD TIME LIMO SERVICE, 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 TWO (2) 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 GOOD TIME LIMO SERVICE, LLC,
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, GOOD TIME LIMO SERVICE, LLC, 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 GOOD
TIME LIMO SERVICE, LLC; 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 TWO (2) LIMOUSINES;
2. That GOOD TIME LIMO SERVICE, LLC, is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of
the operation of TWO (2) 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 TWO (2) LIMOUSINES by GOOD TIME LIMO SERVICE, LLC;
and,
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GOOD TIME LIMO SERVICE,, LLC Ordinance No. 20611-02-2013
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended, have been complied with, 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 GOOD TIME LIMO SERVICE, LLC, a LIMITED LIABILITY COMPANY,
with its principal place of business and its headquarters in GRAND PRAIRIE, 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 TWO
(2) 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.
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GOOD TIME LIMO SERVICE,LLC Ordinance No. 20611-02-2013
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.
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
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GOOD TIME LIMO SERVICE, LLC Ordinance No. 20611-02-2013
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.
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.
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GOOD TIME LIMO SERVICE, LLC Ordinance No. 20611-02-2013
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 1.3.
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.
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GOOD TIME LIMO SERVICE, LLC Ordinance No. 20611-02-2013
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.
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by GOOD TIME LIMO SERVICE, LLC, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY
ADOPTED: February 12, 2012
EFFECTIVE:
ACCEPTED BY:
GOOD .T11ME PMO SERVICE, LLC
WTDATE:
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GOOD TIME LIMO SERVICE, Ll-.,C Ordinance No.20611-02-2013
Ground Transportation Coordinator Findin2 Factor
Under Section 34-204, io determining whether m riot to recommend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
l. Probable permanency and guo)ih/ of the service offered by the applicant, the applicant's
experience in rendering such service io the City or similar service elsewhere and the applicant's
past record and experience iu adjusting claims and paying judgments, if any, toclaimants;
l The appU000U'm financial ability to provide the described service and ability to respond to ciuinnm
or judgments arising by reason of business operations, injury to persons, or damage to property
resulting bnru operation ofa limousine service;
3. The character and condition of the vehicles tobcused;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and persons with economic iu\ezcmt nuukjog such application and each of the above-
numbered items as applied to each of the stockholders, officers, members and directors;
5. The applicant's character and past record and, if the applicant is acorporudoo or other business
entity, that of its offioezn, members and stockholders; and
6. 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
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COUNCIL ACTION: Approved can 211212013 - Ordinance No. 20611-02-2013
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DATE: Tuesday, February 12, 2013 REFERENCE NO.: **G-17805
LOG NAME: 20GOOD TIME LIMO SERVICE, LLC
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Application of Good Time Limo
Service, LLC, to Operate Two 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 two limousines upon the City
streets, alleys and thoroughfares;
b. Good Time Limo Service, LLC, is qualified and financially able to conduct a limousine service within
the City;
c. Good Time Limo Service, LLC, has complied with the requirements of Chapter 34 of the
City Code;
d. Good Time Limo Service, LLC, presented facts in support of compelling demand and necessity for
two limousines;
e. The general welfare of the citizens of the City will best be served by the addition of two limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Good Time Limo Service, LLC, operating authority for two
limousines on City streets for a one year period subject to and conditioned on Good Time Limo Service,
LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986),
as amended.
DISCUSSION:
On January 9, 2013, Good Time Limo Service, LLC, submitted an application requesting authority to
operate two 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 34-204, 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: 20GOOD TIME LIMO SERVICE, LLC Page I 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
$250.00.
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/C enters FROM Fund/Account/Centers
GG01 421352 0201002 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Doug W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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