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HomeMy WebLinkAboutOrdinance 17097-08-2006ORDINANCE NO. 17097M08-2006 AN ORDINANCE GRANTING TO ACCENT JOHNSTON LIMOUSINE THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TWENTY- ONE (21 } LIMOUSINES FOR A PERIOD BEGINNING ON AUGUST 15, 2006, AND ENDING ON AUGUST 14, 2009; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY ACCENT JOHNSTON LIMOUSINE; AND PROVIDING FOR AN EI=FECTIVE DATE. WHEREAS, Accent Johnston Limousine has applied for the privilege to furnish limousine service on the public streets, alleys and thoroughfares of the City; and WHEREAS, the City of t=ort Worth, pursuant fa Section 34-204 ofi the Cade of the City of Fort Worth (1986), as amended, has made inquiry and investigation into the application of Accent Johnston Limousine; and WHEREAS, upon such inquiry and investigation and after tharaugh consideration of all the facts made available to it, the City Council finds: 1. That the public necessity and convenience require the nperatian in the city of Fort Worth of twenty-one (21 }limousines by Accent Johnston Limousine; 2. That Accent Johnston Limousine is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of twenty one (21) limousines upon the public streets, alleys and thoroughfares of the city of Fort Worth for the period beginning on August 15, 2006 and expiring August 14, 2009; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of twenty-one limousines by Accent Johnston Lirnausine; and 4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1988), as amended, have been complied with by Accent Johnston Limousine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. 1 - - - That Accent Jnhnston Limousine, a Snle Proprietorship with its principal place of business and its headquarters in Fort Worth, Tarrant County, Texas, hereinafter referred to as "Company," is hereby granted the privilege to use the present and future streets, alleys and public thorough€ares of the City of fart Worth, Texas, in its business of providing public limousine service within the said City's municipal limits with twenty-one (21) limousines for the period beginning August 15, 2005, and expiring August 14, 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 (1988), 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 al[ 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 maybe 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 Habifity 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 t=ort Worth, its officers, agents, and employees, from and against any and all claims or suifs, expense or liability, for any and all property damage or loss andlor 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 privileges granted herein; and Company shall assume all liability and responsibility for same. SECTION 6. 2 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 adapt such ordinances which further regulate the operation of the Company's service within the City of Fart 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 previsions 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 oat in violation of any provision of Chapter 34 of the Cade 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 steal! 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 "street rental" fee, as specified in Chapter 34 of the Code of the City of Fort Worth, Texas ('[986), as amended, is a requisite to exercising the privileges granted herein. 51=CTlaN 8. That the Company shall be obligated to discharge any claim arjudgment against it finally established by law, and the failure to da sa 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 ofi Fort Worth, Texas, (1986), as amended, the Company shall not sell, convey or 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, oar shall it sell, transfer, assign ar otherwise encumber its limousine operation without the consent of the City Council of the City of Fort Worth. SECTION '10. That nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. 3 - SECTION 11. That any suspension or revocation of the privileges granted herein may be accomplished under the applicable provisions of Chapter 34 of the Cade 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 _6 of Chapter 1 of the Code of the City of Fort Worth, Texas (1986), as amended. SECTION 13. That the pravisians of this ordinance shall be and are hereby declared to be cumulative of aN 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 Cade, the pravisians 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 previsions 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 15. That this ordinance shall be in full force and effect from the date of its adnptinri 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. Al'I'ROVED AS TO )=ORM AND LEGALITY: ASSISTANT ITY ATTORNEY DATE: D ADOPTED: August 16, 2006 ., . y C~, ~ EFFECTIVE: ~J?~ ~J! .~~ a`;~~~ 4 ACCEPTED 13Y: ACCENT JOHNSTON LIMOUSINE T~ gy: .,~_. ~ _ . ` ~% Date: ~ l~ ~~ ifjr ®f F~r~ ®~tfi, Texas COUNCIL ACTION: Approved As Amended on 8/15/2006 -Ordinance No. '17097-08-2006 ~-- ,_ DATE. Tuesday, August 15, 2006 LOG NAME. 38ACCENT LIMO REFERENCE NO,: ~~`G-15342 SUBJECT: Consideration of Application and Adoption of Ordinance Granting Privilege to Accent Johnston Limousine to Operate Twenty-One Limousines upon the Strsets, Alleys and Pudic Thoroughfares of the City of Fort Worth .~:, RECOMMEN©ATION: It is recommended that the City Council: 1. 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 21 limousines upon the city streets, alleys, and thoroughfares; and 3. Adopt the attached ordinance granting privilege to Accent Johnston Limousine for a period of three years beginning August 15, 2006 and expiring August 14, 2009 and authorizing the operation of 21 limousines upon city streets, such ordinance being subject to and conditioned upon Accent Johnston Limousine complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Warth(1986), as amended. ©6SCUSStON: On May 31, 2006, Accent Johnston Limousine (Corporation} submitted an application to the City to aperafe a limousine service within the City of Fort Worth. In considering fhe 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 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 of 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 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. If the applicant is a corporation or other business entity, the qualifications of the officers, directors, members, and persons with economic interest making such application and each of the enumerated items I.,ognarne: 38ACCENT LIMO Page 1 of 2 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 other information as presented during any public hearing that may bear on the public need and necessity. fn 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 Company's application and from the staffs 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 of Chapter 34 of the City Cade; c} The Company presented facts in support of compelling demand and necessity for 21 limousines; and d) The general welfare of the citizens of the city will best be served by the addition of 21 limousines upon city streets, alleys and thoroughfares The potential annual revenues from the collection of applicable fees and authorized in Chapter 34, is estimated at $675.60. FISC,~i~.1NF()Rii~lATf©NICi=RTEFIGATa©N: The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due to the City. TO FundlAccountlCenters FROM FundlAccountlCenters GGD1 421352 0134E310 $675.Oa Sulbrnitted for City Managee°s Offices bv: Richard Zavala (Acting) (6222} ©riginating Department Hlead: Elsa Paniagua (6711) Additional Information Contact: Elsa Paniagua (8711) Lagname: 38ACCENT LfMO Page 2 of 2