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HomeMy WebLinkAboutOrdinance 17027-07-2006ORDINANCE N®. ~~a~~-o~-zaa~ AN ORDINANCE GRANTING TO AGENCY STS, INC. THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGIJfFARES OF TIIE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF SEVEN (7} LIMOUSINES FOR A PERIOD BEGINNING ON JULY 11, 2a06, AND ENDING ON JULY 1a, zaa9; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILTTY CLAUSE; MAKING T]FIIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY AGENCY STS, INC.; AND PR®VIDING FOI2 AN EFFECTIVE DATE. W1wIIEREAS, AGENCY STS, INC. has applied for floe privilege to furnish limousine service on the public streets, alleys and thoroughfares of the City; and WHEREAS, the City of Fart Worth, pursuant to Section 34-204 of tl~e Cade of the City of Bart Worth {1986}, as amended, has made inquiry and investigation into the application of Agency STS, Inc.; and WI~[EREAS, upon such inquiry and investigation and after thorough consideration pf 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 seven (7) lirraausines by Agency STS, Inc.; 2. That Agency STS, Inc. is qualified and financially able to efi•iciently conduct such business to render such service to the public, consisting of the operation of seven (7) liznausines upon the public streets, alleys and tl~oroughfares of the City of Fort Worth for the period beginning on July 11, 2006 and expiring in July 10, 2009; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of seven (7j limousines by Agency STS, Inc.; and 1 4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, have been complied with by Agency STS, Inc. NOW, THEREFORE, ~E IT ORDAINED ~Y THE CITY COIJNCII. OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Agency STS, Inc., a Texas Corporation with its principal place of business and its headquarters at 7454 Dogwood Park, Fart Worth, Tarrant County, Texas, hereinafter referred to as "Company," is hereby granted the privilege to use the present and future streets, alleys and public thoroughfares of the City of Dort Worth, Texas, in its business of providing public limousine service within the said City's municipal limits with seven (7) limousines for the period beginning July 11, 2006, and expiring July 10, 2009. SECTION 2. That the Endings and recitatiozas 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 port Worth (1986), as amended. SECTION 4. That the privilege herein granted shall be and remain subject to said Company's full, complete and satisfactory continuing compliance with all federal, state and local laws anal ordinances, including but nat limited to the Charter of the City of Fort Worth, and all relevant 2 provisions of Chapter 34, Code of the City of Fort Worth (1986), as amended, and such other ordinances as may be adapted from tinge to time by the City Council governing and regulating the operation of limousines in the City of Fort Worth. SECTI®N ~. 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 l~ereby agrees to indemnify, hold harmless and defend the City of Fort Worth, ifs officers, agents, and employees, from and against any and all claims ar 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 off cers, agents, employees, drivers, licensees, invitees and passengers, in the exercise of the privileges granted herein; and Company shall assume all liability and responsibility for same. ~ECTIi®N 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 which further regulate the operation of the Company's service within the City of Fort Worth, including the amount of street rental 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 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 (198b), as amended. In the event the terms and conditions of this ordinance are in conflict with the provisions of any such ordinance later adopted by the City, the provisions of 3 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 an annual "strut rental" fee, as specified in Chapter 34 of the Code of the City of Fort Warth, Texas (19Sb), as amended, is a requisite to exercising the privileges granted herein. SIiJCTi®N S. That the Cozx~pany shall be obligated to discharge any claim or judgment against it finally established by law, and the failure so to do for a period of one hundred eighty {lS0) days shall, ipso facto, terminate all authority under this grant. SECTION 9. That pursuant to Chapter 34 of the Cade of the City of Fort Worth, Texas, (19$6), as amended, the Company shall not sell, convey or transfer this grant of privilege to any athex person, f rm or corporation without the prior formal consent and approval of the City Council of the City of Faxt Worth, nor shall it sell, transfer, assign or otherwise encumber its limousine operation without the consent of the City Council of the City of Fort Worth. SECT~~N 10. That nothing herein contained shall be held ax construed to confex upon the Company exclusive rights or privileges of any nature whatsoever. SECTi®N I1. That any suspension ax revocation of the privileges granted hexein may be accomplished under the applicable provisions of Chapter 34 of the Carle of the City of Fort Worth, Texas (1986), as amended. SECT~4N ~2. 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. SECTX®N l3. 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. SECT~(~N 14. That within ten {10) days after adoption of this ordinance, Company shall file with the City Secretary written acceptance of the terms and provisions hereof Such acceptance of and agreem~ ent to the provisions of this ordinance and grant shall be evidenced by the signature of the Cozxapany's authorized representative an the final page of this ordinance. SECT~41aI 15. That this ordinance shall be in full force and effect frame the date of its adoption and acceptance as hereinabove provided and after it has been published once a week for four consecutive weeks within a thirty day period in the official newspaper of the City. APPROVED AS TO FORM AND LEGALITY: ASSISTANT TTY ATTORNEY DATE: ~° °~~~. ,~..~....,....~.~. ADOPTED: ~~ `July l l , 2006 EFFECTIVE: ~ .~ ~C~..~~~ ~ ~~, ~ ~ ~~ ACCEPTED ~$Y: AGENCY S'I'S, Il®iC. Date: ~`" 7 ~~ 6 it W ~ ...._, R~co~I~IENDATION: It is recommended that the City Council: Consider and adopt the findings and opinions of the City staff as presented herein; 2. Find that the public necessity and convenience require the operation of seven limousines upon the city streets, alleys and thoroughfares; and 3. Adapt the attached ordinance granting privilege to Agency STS, Inc., far a period of three years beginning Juiy 11, 2©06 and expiring July 10, 20Q9 and authorizing the operation of seven limousines upon city streets, such ordinance being subject to and conditioned upon Agency STS, lnc., complying with all requirements of Article Vl, Chapter 34, afi the Cade of the City of Fort Worth (2Qg3), as amended. DISCUSSION: On May 25, 2Q06, Agency STS, Inc., submitted to the City an application to operate a limousine service within the City of Fart Worth. In considering the Company's application, the City Council, pursuant to Section 34-204 of the City Code, must determine whether or not the public necessity and convenience require the operation of such vehicles for hire, and whether or not the applicant is qualified and financially able to efficiently conduct such business and to render such service to the public. In determining whether or not the grant should be made, the City Council shall consider, among other things, the fallowing 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 judgements, if any, to claimants; 2. The applicant's financial ability to provide the described service, and to response to claims or judgments arising by reason afi business operations, injury to persons ar damage to property resulting from operation of a limousine service; 3. The character and condition of the limousines to be used; 4. Ifi the applicant is a corporation, the qualifica#ions of the officers, directors and persons with economic interest making such application, and each of the above-enumerated items as applied to each of the stockholders, officers and directors; ~,ogz~ame: 38AGENCY STS Page 1 of 2 5. The applicant's character and past record, and, if applicant be a corporation, of its officers, directors and stockholder; and, 6. Such other information as presented during any public hearing that may bear on the public need and necessity. In making its findings, the Clty Council may also consider as evidence the findings ar opinions of the City staff authorized fa investigate the subject application. In this regard, the following are the opinions of the staff s independent invesfiigation: 9. The Company is qualified and financially able to conduct a limousine service within the city; 2. The Company has complied with the requirements of Chapter 34 of the City Code; 3. The Company presented compelling facts in support of the demand and necessity far seven limousines; and 4. The general welfare of the citizens of the City will best be served by the addition of seven limousines upon city streets, alleys and thoroughfares. The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is estimated at $325.00. FISCAL INFORMAT[ONICERT1FiCATION: The Finance Director certifies that the Municipal Court ©epartment is responsible far fhe collection and deposit of fees due to the City. TO FundlAccountlCenters FROM F~ndlAccountlCenters GG01 429352 0134090 325.00 Submitted far Cit Mann er's Office b Richard Zavala (Acting) (6183) O~iginatinc~ Department Head. Elsa Paniagua (fi711 } Additional lnforrr~atian Contact: Elsa Paniagua (6799} Lagname: 3$AGENCY STS Page 2 of 2