HomeMy WebLinkAboutOrdinance 17077-08-2006ORDINANCE NO. I7077-0$-2006
AN ORDINANCE GRANTING TO R. SROVVN INVESTMENTS L.P.,
D/SIA/ AIR CAR, THE PRIVILEGE TO USE THE STREETS, ALLEYS
AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT
OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF TIIE
OPERATION OF SEVENTEEN {17) LIMOUSINES FORA PERIOD
BEGINNIiNG ON AUGUST 3, 2006, AND ENDING ON AUGUST 2, 2009;
SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT;
PROVIDING A SEVERABILITY CLAUSE; MAKING TINS ORDINANCE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN
ACCEPTANCE BY R. DROWN INVESTMENTS L.P., D/B/A/ AIR CAR;
AND PROVIDING FOR AN EFFECTIVE DATE.
WIIEREAS, R. Brown Investments, L.P., dlb/a Air Car, has applied far the privilege to
furnish lirr~ousine service on the public streets, alleys and thoroughfares of the City; anal
WHEREAS, the City of Fart Worth, pursuant to Section 34-204 of the Cade of the City
of Fort Worth (19$6), as amended, has made inquiry and investigation into the application of R.
Brown Investments, L.I'., d/bla Air Car; and
WHEREAS, upon such inquiry and investigation and. after thorough consideration of all
the facts made available to it, the City Couaacil finds:
1. That the public necessity and convenience require the operation in the City of Fort
Worth of seventeen {17) limousines by R. Brown Investments, L.I'., d/b/a Air
Car;
2. That R. Brown Investments, L.P., d/b/a Air Car, is qualified and financially able
to eff ciently conduct such business to render such service to the public,
consisting of the operation of seventeen (17) limousines upon the public streets,
alleys and thoroughfares of the City of Fort Worth for the period beginning on
August 3, 2006 and expiring August 2, 2009;
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of seventeen (17) limousines by R. Brown Investments, L.I'., d/bla Air
Car; and
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
{19$6), as amended, have been complied with by R. Brown- Investments, L.P.,
d/bla Air Car.
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NOW, THEREFORE, BE IT ®RI)AINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1,
That R. Brawn Investments, L.P., dlbla Air Car, a Texas Limited Partnership with its
principal place of business and its headquarters in the City of Crrapevine, 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 Fort Worth, Texas, inns business of
providing public limousine service within the said City's municipal limits with seventeen (17)
limousines for the period beginning August 3, 2006, and expiring August 2, 2009.
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 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 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 limousines 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 Forl 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 pexsonal injury, including death, to any and all persons, of
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whatsoever kind ar character, arising out of or in connection with any acts ox omissions by
Company, its officexs, 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.
SECTZ®l~ 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; grid that upon the adoption thereof,
the Company shall begin conducting its operations in compliance with the provisions of such
ordinances. Further, should the City latex 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 {19SG), as amended. Tn 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.
~EC`TI®N 7.
That the Company acknowledges that payment of an annual "street rental" fee, 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.
~ECTI®N S.
That the Company shall be obligated to discharge any claim ox judgment against it finally
established by law, and the failure to do sa for a period of one hundred eighty (180) days shall,
ipso facto, terminate all authority under this grant.
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SECTI®N 9.
That pursuant to Chapter ~4 of the Cade of the City of Fort Worth, Texas, (1986), as
amended, the Company shall not sell, convey ar transfer this grant of privilege 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 it sell, transfer, assign or otherwise encumber its limousine
operation without the consent of the City Council of the City of Fort Worth.
SECT~oN ~a.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
SECTI[(3N ~ l..
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
(X986), as amended.
SECTI®N 12.
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.
SECTION I.3.
That the provisions of this ordinance shall be and are hereby declaxed to be cumulative of
all provisions of the Code of the City of Fort Worth, Texas (1984), 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.
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
agreement to the provisions of this ordinance and grant shall be evidenced by the signature of the
Company's authorized representative on the f nal page of this ordinance.
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SECTION 15.
That this ordinance shall be in full force and effect from tlae 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 TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY
DATE: ~'' `~-~'~
ADOPTED: Au ust 3 2 D6
EFFECTIVE: ~~ ~ ~.~ c~ `~ C
~.CCEPTED B'~':
R BB.®~' IN'VESTMENTS LP, D/B/.A.
AIR CAR
By:
Date: `,®,~
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~ ~f Fir ®rfi~, ~~xa~
COUNCIL ACTION: Approved an 8!312006 - Ordinance No. '17077
DATE. Thursday, August 03, 2006
LOG NAi~iE: 38AIR CAR REFERENCE NO.: *~GM'15328
SUBJECT:
Consideration afi Application and Adoption oir Ordinance Granting Privilege to R. Brown Investments
L.P., dlbla Air Car to Operate 17 Limousines upon the Street, Alleys and Public Thoroughfares ofi
the City ofi Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adapt the findings and opinions of the City staff as presented herein;
2. Find that the public necessity and convenience require the operation of 17 limousines upon the city
streets, alleys and thoroughfares; and
3. Adopt the attached ordinance granting privilege to R. Brown Investments L. P., dlbla Air Car, far a period
of three years beginning August 3, 2006 and ending August 2, 20(39 and autharizautharize the operation of
17 limousines upon city streets, such ordinance being subject to and conditioned upon R. Brown
Investments L.P., d/bla Air Car complying with all requirements of Article VI, Chapter 34, of the Code of the
Gity of Fort Worth {1986), as amended.
QISCU5510N:
On Juiy 5, 2096, R. Brown Investments L.P., dlbla Air Car, a Texas Limited Partnership (Company)
submitted an application to the City to operate a limousine service within the City of Fort Worth.
in considering the Company's application, the City Council, pursuant to Article Vl, Chapter 34, 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 financiakly able to
efficiently conduct business and render such service to public. In determining whether or not the grant
should be made, the City Council shall consider, among other things, the following 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 judgments, if any, to claimants;
2. The applicant's financial ability to provide the described service and ability to respond to claims or
judgments arising by reason of business operations, injury #o persons or damage to property resulting from
operation of a limousine service;
3. The character and condition of the limousines to be used;
4. If the applicant is a corporation or other business entity, the qualification of the offcers, directors,
members and persons with economic interest making such application and each of the above-enumerated
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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 a corporation or other business entity,
that of its officers, members and stockholders; and
6. Such ether information as presented during any public hearing that may bear on the public need and
necessity.
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
staff authorized to investigate the subject application. The following are the findings and opinions of the City
staff derived from the review of the Gnmpany's application and from the staff's independent investigation:
a) The Company is qualified and financially able to conduct a limousine service within the city;
b} The Company has complied with the requirements ofi Chapter 3~4 of the City Code;
c} The Company presented facts in support of compelling demand and necessity for 17 limousines; and
d} The general welfare of the citizens of the city will best be served by the addition of 17 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 $575.00.
FISCAIv 1NFORMATIONICERTIFICATION:
The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due
to the city.
TO F~rndlAccountlCenters FROM FundlAccountlCenters
GGO'f 421352 0134010 575.06
Submitted for City Manager"s Office by: Richard Zauala {Acting} (6222}
Ori ir~atin De artment Head: Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
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