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HomeMy WebLinkAboutOrdinance 17098-08-2006. ORDINANCE NO. '17098-08-2006 AN ORDINANCE GRANTING TO CITY TRANSPORTATION, I-L.C THE PRIV#LEGE 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 THREE (3) 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 IAIRITTEN ACCEPTANCE BY CITY TRANSPORTATION, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Transportation, LLC has applied far the privilege to furnish limousine service an 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 (1980), as amended, has made inquiry and investigation into the application of City Transportation, LLC; and WHEREAS, upon such inquiry and investigatian and after tharough 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 three (3) limousines by City Transpartation, LLC; 2. That City Transportation, LLC is qualified and financially able to effrcfently conduct such business to render such service to the public, consisting of the aperation of three (3) 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 Fart Worth will best be served by the aperation of three (3) limousines by City Transportation, LLC; and 4. That all other requirements of Chapter 34 of the Cade of the City of Fort Worth (1986), as amended, have been complied with by City Transportation, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION ~. 1 That City Transportation, LLC, a Limited Liability Company with its principal place ofi business and its headc{uarters 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 pubic thoroughfares of the City of Fart Worth, Texas, in its business of providing public limousine service within the said City's municipal limits with three (3) limousines for the period beginning August 15, 2006 and expiring August 14, 2009. SI=CTION 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 S. 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 Cade 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 al) relevant provisions of Chapter 34, Cade 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 Fart 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 Fart Worth, its officers, agents, and employees, from and against any and all claims ar suits, expense ar 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 ar 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 far 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 ar 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 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 ar 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 94 of the Code of the Gity 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 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. 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 nr transfer this grant of privilege to any other person, firm or corporation without the prior forma! 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. SECTION 'I d. That nothing herein contained shall be held ar construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. 3 SECTION 1'I. That any suspension or revocation of the privileges granted herein may be accomplished under the applicable provisions ofi 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 1 of the Code of the City of Fork Worth, Texas (1986), as amended. SECTION '13. 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 Fart 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 prevaii. SECTION 1~. 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 ofi 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. SECTION 'I5. That this ordinance shall be in full farce and effect from the date of its adoption and acceptance as hereinabove provided and after it has been published once a week fior four consecutive weeks within a thirty day period in the official newspaper of the City. APPROVED AS TO FORM AND LEGALITY: ~ ~ ASSISTANT TY ATTORNEY DATE: SJ ~ ~~ ADOPTED: August 15. 2DD6 EFFECTIVE: 4 ACCEPTED BY: CITY TRANSPORTATION, LIrC ey: Daf 1 l COUNCIL ACTION: Approved As Amended on 8!1512006 -Ordinance No. 1"7098-08-2006 ®ATE: Tuesday, August 15, 206 LOG NAME: 38CITY TRANS REFERENCE NO.: ~~G-15343 SUBJECT: Consideration of Application and Adoption of Ordinance Granting Privilege to City Transparkation, LLC to Operate Three Limousines upon the Streets, Alleys and Public Thorough~Fares of the City of Fart Worth -_ REG©MMEN©ATl©N: 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 three limousines upon the city streets, alleys, and thoroughfares; and 3. Adopt the attached ordinance granting privilege to City Transportation, LLC for a period of three years beginning August 15, 2006 to August 14, 2009 and authorizing the operation of three limousines upon city streets, such ordinance being subject to and conditioned upon City Transporkatian, LLC complying with all requirements of Article VI, Chapter 34, of the Cade of the City of Fork Worth {1988), as amended. olscussll0~: On July 17, 2006, City Transportation, LLC a Texas Corporation (Company), submitted an application to the City to operate a limousine service within the city ofi Fort Worth. [n considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section 34~ 204 of the City Cade, must determine whether or not the public necessity and convenience require the operation of such vehicles far hire and whether or not the applicant is qualil=led and financially able to efficiently conduct business and render such service to public. In determining whether ar 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 to persons or damage to property resulting from operation of a limousines 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 officers, directors, members, and persons with economic interest making such application and each of the above-enumerated items as applied to each of the stockholders, officers, members and directors; Lognazxre: 38CITY TRANS Page 1. of 2 5. The applicant's character and past record and, if the applicant is a corporation or other business entity, that of it officers, members and stockholders; 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 City Council may also consider as evidence the findings or opinions ofi the City staff authorized to investigate the subject application. The fallowing are the findings and opinions of the City staff derived from the review of the Company`s application and firom 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 Code; c} The Company presented facts in support of compelling det~and and necessity for three limousines; and d} The general welfare of the citizens of the city will best be served by the addition. of three 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 $225.QQ. FISCAL INFORNIATIONICERTIFICATION: The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due to the City. TO FundlAccountlCenters FRO~lI FundlAccountlCe~nters GGD1 421352 D13401 D ~225.OD Subrrtiitted far City Manager`s Office b Richard Zavala {Acting) (6222} Originating Department Head: Elsa Paniagua {6711} Additional: Information Contact: Elsa Paniagua {6711} Logrxazx~e: 38CITY TRANS Page 2 of'2