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HomeMy WebLinkAboutOrdinance 17052-07-2006ORDINANCE NO. ~~asz-a~-zoos AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO ZIA'S LIMOS TO USE TH[E STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF FORT WORTH IN ACCORDANCE WITIFI ARTICLE VI, CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an November 18, 2003, the City Council approved Ordinance #15757 (M&C G-14157) granting privilege to Zia's Limos to operate four (4) limousines upon the city streets, alleys and thoroughfares subject to Zia's Lima's compliance with all requirements of Article Vl, Chapter 34, of the Code of the City of Fort Worth (1986), as amended {"City Code"); and WHEREAS, City Code Section 34-220 requires the grant of privilege holder to maintain a specified amount and character of insurance coverage for vehicles for hire far continued operation under the grant; and WHEREAS, City Cnde Section 34-222 requires the grant of privilege holder to pay annual street rental fees on or before January 1ST of each calendar year and WHEREAS, on or about January 27, 2004, the City was notified that Zia's Limos had failed to maintain the required insurance coverage pursuant to City Code Section 34-220; and had failed to pay annual street rental fees pursuant to City Code Section 34-222 and WHEREAS, pursuant to City Cade Section 34-207(b), notice was properly given and a hearing was held on Apri120, 2006 affording Zia's Limas the opportunity to disprove any and all charges and allegations set out in the notice; the Hearing Officer found that Zia's Limas failed to maintain the required insurance and was therefore not in compliance with. Section 34-220 of the City Code; and furthermore found that Zia's Limos had not paid the annual street rental fees that are due on ar before January 1 `t of each calendar year as required by Chapter 34, Section 222 and WHEREAS, the City Council may revoke, repeal and cancel the grant of privilege made to Zia's Limos under Article VI, Section 34-207, of the City Code if such holder reaches a condition which the City Council daes not deem the holder able to pay in full reasonable claims for damages which might be legally established and confirmed. NOW, 'THEREFORE, BE IT ORDAINE® I3Y THE CITY COUNCIL OF TIIE CIT'E' OF FORT WORTH, TEXAS: SECTION 1. That Zia's Limos privilege to use the present and future streets, alleys and public thoroughfares of the City of Tort Worth, Texas, in its business of providing public limousine service within the said City's municipal limits is hereby revoked, and the Company shall immediately cease operation of its four (4) limousines upon city streets. SECTION 2. That this revocation shall render the grant of privilege completely null and void and of no further force and effect, and the Company shall be prohibited from applying for a grant of privilege for two (2) years. SECTION ~. That the findings and recitations contained in the prearnble hereof are expressly incozporated into and made a part of this ordinance as the findings of the City Council. SECTION 4 That the provisions of this ordinance shall be and axe hereby declared to be cumulative of all provisions of the Code of the City of Fort Worth, Texas (1986), as amended, with respect to 2 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. SEC`TIOI~ Se This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ASSISTANT TY ATTORNEY DATE: ~ ~ ~® ADOPTED: ~uly I8, 2006 EFFECTIVE: ~ „~_ 3 Cii ~f F®rf '®h, Texas i~ i ~ COUNCIL ACTION: Approved on 7118/2086 -Ordinance No. 17852-q7-2ggfi ©,4TE: Tuesday, July 18, 2006 LOG NAMIE: 38ZlAS LIMO REFERENCE NO.. ~~G-'[5297 SUBJECT: Consideration Of Revocation of the Grant of Privilege Granted to Zia's Limas for Non-Compliance with Article Vi, Chapter 34, Section 34-222 and Section 34-220 of the Code of the City of Fart Worth (1986) as Amended and Adopt the Attached Ordinance RECOIVIMENDA,TION: It is recommended that the City Council: 1. Consider and adopt the City staff findings and opinions as presented herein, and 2. Adopt the attached ordinance to revoke the grant of privilege granted to Zia's Limos far failure to pay fees required under Section 34-222, Article VI, Chapter 34 and far failure to maintain in farce a certificate of liability insurance coverage for vehicles for hire as required by Section 34-220 of the Cade of the City of Fort Worth (1985}, as amended. DISCUSSI®N: On November 18, 2003, (M&C G-14157) the City Council ,approved Ordinance IVo. 15757 authorizing a grant of privilege to Zia's Limas to operate four limousines upon the city streets, alleys and thoroughfares subject to Zia's Limos' compliance with all requirements of Article VI, Chapter 34 of the Cnde of the City of Fort Worth (1985), as amended. On January 27, 2004, correspondence was sent to Zia's Limos to notify the Company that it was not in compliance with Section 34-222 of the City Code which requires grant of privilege holders to pay annual street rental fees on or before January 1st of each calendar year. Follow-up correspondence was sent to the Company regarding the delinquent annual fees and to inform them that the failure to pay the required fees may result in suspension of the grant of privilege. Additianaliy, insurance coverage for Zia's Limos has expired and constitutes a violation of Chapter 34, Section 220 of the City Code. The Fort Worth Ground Transportation Coordinator requested a hearing an the matter of revoking Zia's Limos grant of privilege for failure to pay annual street rental fees and failure to maintain in force liability insurance coverage. A hearing was held nn April 20, 2006. Although notification of the revocation hearing was sent by certified mail, pursuant to city ordinance Section 34-207 (c}, Zia's Limos representatives did not appear to disprove any and all allegations. The hearing was conducted on April 20, 2006 and evidence was presented. The Hearing Officer found that Zia's Limos failed to show proof of financial responsibility or liability insurance since May 30, 2004, as required by Section 34-220, Furthermore, the Hearing Officer found that Zia's Limos has not paid the annual street rental fees that are due on or before January 1st of each calendar year, as required by Chapter 34, Section 222. Based on the foregoing facts and applicable provisions of the City Code, it is the Hearing Officer`s findings that there is sufficient cause far revocation of Zia's Limos' grant of privilege and authorizes the motion revoke the grant of privilege. Logname: 38ZfAS LIMO gage 1 ©f 2 The City Counci! may revoke Zia's Limos grant of privilege under the terms of Article Vl, Chapter 34, Section 34-207(c), of the Code of the City of Fort Worth (1986), as amended. In the event of such revocation, the grant shall be thereafter completely null and void and of no further force and effect. It is therefore recommended that the City Council revoke the grant of privilege of November 18, 2003, granted to Zia's Limas, requiring the Company to immediately cease operation of its four limousines upon city streets, alleys and thoroughfares. This action will result in a reduction in revenues totaling $800.00. FISCAL INFORMATIONlC~RTIFICATION: The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees due to the City. T© FundlAccountlCenters FROM FundlAccountlCenters GG01 421352 0'134010, $$ 0000 Submitted for City Manager`s Office hy: Or~na~ing ©eparfinent Head: AddltiOnal Informatloll Contact: Richard Zavala (Acting) (6222) Elsa Paniagua (6711) Elsa Paniagua (6711) Logname: 3 SZIAS LIMO Page 2 0~ 2