HomeMy WebLinkAboutOrdinance 20723-05-2013 ORDINANCE NO. 20723-05-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JR LIMO, LLC, FOR THE USE OF 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 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 JR LIMO, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, JR LIMO, LLC, 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 JR LIMO, LLC;
and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
t The public necessity and convenience require the operation of THREE (3)
LIMOUSINES in the City of Fort Worth;
2. JR LIMO, LLC 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 hy.TR LIMO,LLC; arid,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by JR LIMO, LLC and any violations thereof will
result in the imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances.
Ordinance No. 20723-05-2013
Page 1 of 5
NOW, THEREFORE, B0NC ORDAINED 0Y THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
JR LIMO, LLC, a LIMITED LIABILITY COMPANY, with its principal place of business
and its headquarters in GRAPEVINE, IA0J&ANT COUNTY, TEXAS, hereinafter refer-red to as
^^Compuoy," is 6eo:hy 8mu,c6 operating auihonityiouse the present and future streets, alleys and yu6|ix
thoroughfares of the City of Fort Worth, Texas, in its buoioomm of providing public limousine service
n'dhiu the said City's municipal Uni1a with THREE (3) LIMOUSINES for a one year period beginning
on/be effective date.
SECTION 2.
The findings and recitations contained io the preamble hereof are expressly incorporated into and
mudeu part o[this ordinance uu the findings o[the City Council.
SECTION 3.
T6n Company, us holder o[the grant, and the Company's operations hereunder, shall 6ogoverned
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(l986). myamended.
SECTION 4.
The authority bencio granted u6a|i be and remain subject to said Corupuoy`a full, nonop|e(c 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 (1906), as amended, and such other ordinances as may he adopted from time to time
by the City Council goverriing and regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
The Company ooknmvv\edgum that the City of Fort VVmtk oeoumoo no UubKdy or responsibility in
making this grant, and that by uooeptuoon of this ordinance and graut. Company hereby agrees to
iodeooffy, hold burodeao and defend the City of Fort Worth, its officers,agents, and employees, from and
against any and all oloinou or suits, expense ozliability, for any and all property damage or \oou 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 "romissions by Company, its officers, ugouts, employees, drivers, licensees,
Ordinance No. 20723-V520|J
Page 2of5
invitees and passengers, in the exercise of the authority granted herein; and Company shall assume all
liability and responsibility for same.
SEC'T'ION 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 (ISO) 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 shall the Company sell, transfer, assign or otherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
Ordinance No. 20723-05-2013
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SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exelusive 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 Font 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.
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
Ordinance No.20723-05-2013
Page 4 of 5
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
JR LIMO,LLC,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders,Assistant City Attorney
ADOPTED: May 7, 2013
EFFECTIVE: X
ACCEPTED BY:
JR LIMO, LLC
57'
'ATE:
Ordinance No.20723-05-2013
Page 5 of 5
Ground Transportation Coordinator Finding Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority,the Ground Transportation Coordinator 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 pet-soils, or damage to property
resulting from operation of a limousine service;
3. The character and condition of the vehicles to he used;
4. If the applicant is a corporation or other business entity, the qualification lification 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;and
6. 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 5/7/2013 - Ordinance No. 20723-05-2013
DATE: Tuesday, May 07, 2013 REFERENCE NO.: **G-17880
LOG NAME: 20JR LIMO LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of JR Limo, LLC, 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. JR Limo, LLC, is qualified and financially able to conduct a limousine service within the City;
c. JR Limo, LLC, has complied with the requirements of Chapter 34 of the City Code;
d. JR Limo, LLC, presented facts in support of compelling demand and necessity for three limousines;
e. 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; and
2. Adopt the attached ordinance granting JR Lima, LLC, operating authority for three limousines on City
streets for a one-year period subject to and conditioned on JR Limo, LLC, complying with all requirements
of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On April 4, 2013, JR Limo, LLC, 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.
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.
Logname: 20JR LIMO LLC Page I of 2
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
in the amount of$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
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20JR LIMO LLC Page 2 of 2