HomeMy WebLinkAboutOrdinance 20713-04-2013 ORDINANCE NO. 20713-04-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO COWTOWN TRANSPORTATION SERVICES, 1-11', FOR
THE USE OF THE STREETS, ALLEYS, AND PUBLIC THOROUGHFARES
OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS,
WHICH SIIAIJ., CONSIST OF THE OPERATION OF THREE (3)
LIMOUSINES FOR A ONE (1) YEAR PERIOD BEGINNING ON THE
EFFECTIVE DATE; SPECIFYING THE TERMS AND CONDITIONS Of'
THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY COWTOWN
TRANSPORTATION SERVICES, LP; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, COWTOWN TRANSPORTATION SERVICES, LP, has applied for operating
authority to furnish LIMOUSINE service on 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 (1986), as amended, has made inquiry and investigation into the application of COWTOWN
TRANSPORTATION SERVICES, LP; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
L The public necessity and convenience require the operation of THREE (3) LIMOUSINES
in the City of Fort Worth;
2. COWTOWN TRANSPORTATION SERVICES, LP, is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of the
operation of THREE (3) LIMOUSINES upon the public streets, alleys and thoroughfares
of the City of Fort Worth for a one (1) year period; beginning on the effective date, which
shall be upon acceptance by the grantee and completion of the publication requirement as
determined by Chapter XXV, Section 2 of the Charter of the City of Fort Worth and Section
34-205 of the City Code of Ordinances;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
THREE(3) LIMOUSINES by COWTOWN TRANSPORTATION SERVICES, LP;
and,
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4` All other requirements of Chapter 34 of the CuJx of the City of Fort Worth (1986), as
amended, have been complied with bvCOWTOWNT0AN8PORTATDON SERVICES,
LP, and any violations thereof wilt nooub in the imposition of penalties as provided by
Section 34'228of the City Code ofOrdinances.
NOW, THEREFORE, BE0[ ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
C0WTOWNTRAN6PORTATION SERVICES, LP, uLIMITED PARTNERSHIP, with its
pdouipu1 place of 6uoi0000 and its huudgnudera in FORT WORTH, ][ARRANT COUNTY, TEXAS
hereinafter rete,red to as "Cocnpany." is hereby granted operating authority to use the proonoi arid Guturo
otn:etu. alleys and public thoroughfares ofthe City of Fort Worth, Texas, in its business ofprovidiu8public
limousine service with-in the said City's municipal limits with 1[BRZ0 (3) ]L0N40080NES for u one year
period 6cgiooiogoothe effective date.
SECTION %.
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made u part of this ordinance uo the fiudin800[the City Council,
SECTION 3.
The Company, uo holder ofthe grant, and the Company's operations hereunder, shall he gororuodu\
all times by the provisions of state and federal laws arid regulations and Chapter 34 of the Code of the City of
Fort Worth(\986). uoamended.
SECTION 4.
The authority herein granted xbx\} be and noouuio xubioc\ to said Company's full, complete and
satisfactory continuing uonnp|i000c with all 6:dem|, state and local |o=u and ordinances, including but riot
linrited 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 uroendod, arid such other ordinances as may be adopted from tiro* to time by the
City Council governing and regulating the operation of|iozouuions io the City of Fort Worth.
SECTION 5.
The Company acknowledges that the City of Fort Worth assumes no iix6i|dy or responsibility in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to indenui-ify,
Ordinance No.207]3'V4'20|3
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hold harmless and defend the City of Fort 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 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 authority granted herein; and Company shall assume all liability and
responsibility for same.
SECTION 6.
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 that further regulate the operation of the
Company's service within the City of Fort Worth, including the amount of 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 grant of 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 (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 later-adopted ordinance shall supersede the terms and
conditions of this ordinance to the extent they are in conflict.
SECTION 7.
The Company acknowledges that payment of required fees, 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.
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.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended, the
Company shall not sell, convey or transfer this grant of operating authority 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
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shall the Company sell, transfer, assign or otherwise encumber its limousine operation without the consent of
the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights or
privileges of any nature whatsoever.
SECTION 11.
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(1986),as amended.
SECTION 12.
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 13.
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.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred
dollars ($500.00). Each day that a violation exists shall constitute a separate offense. Any violation of this
ordinance shall be a class C misdemeanor.
SECTION 15.
After adoption of this ordinance, Company shall pay all required fees and 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 final page of this ordinance.
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SECTION 16.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
penalty of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Charter of the City of
Fort Worth; and section 34-205 of the City Code of Ordinances.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
COWTOWN'TRANSPORTATION SERVICES,LP,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
f
Charlene Sanders,Assistant City A"ttor-ney
ADOPTED: April 23, 2013
EFFECTIVE: �'°: " ✓
ACCEPTED BY:
COWTOWN TRANSPORTATION SERVICES,LP
DATE: a7
l�
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Ground Transportation Coordinator's Finding Factors For New Applications
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority, the Board's 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 limousine service;
3. The character and condition of the vehicles 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-
numbered 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;
6. Whether the vehicles subject to the request are either licensed in Dallas or dedicated to Fort
Worth or neighboring areas;
7. Such other information as presented during any public hearing that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: °Approved on 4/23/2013 - Ordinance No; 2071`3-04-2013
DATE: Tuesday, April 23, 2013 REFERENCE NO.: **G-17872
LOG NAME: 2000WTOWN TRANSPORTATION
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Cowtown
Transportation Services, LP, to Operate Three Limousines Within the City of Fort Worth and Adopt
Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of three limousines upon
the City streets, alleys and thoroughfares;
b. Cowtown Transportation Services, LP, is qualified and financially able to conduct a
limousine service within the City;
c. Cowtown Transportation Services, LP, has complied with the requirements of Chapter 34
of the City Code;
d. Cowtown Transportation Services, LP, presented facts in support of compelling demand
and necessity for three limousines;
e. The general welfare of the citizens of the City of Fort Worth will best be served by the
addition of three limousines upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Cowtown Transportation Services, LP, operating authority for
three limousines on City streets for a one-year period subject to and conditioned on Cowtown
Transportation Services, LP, complying with all requirements of Chapter 34, Article VI of the Code of the
City of Fort Worth (1986), as amended.
DISCUSSION:
On March 25, 2013, Cowtown Transportation Services, LP (Company), submitted an application
requesting authority to operate three limousines within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 2000WTOWN TRANSPORTATION Page I of 2
The one-year period shall commence on the effective date, which shall be upon acceptance by the
grantee and completion of the publication requirement in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
$300.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $300.00
CER'rIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 2000WTOWN TRANSPORTATION Page 2 of 2