HomeMy WebLinkAboutOrdinance 20745-05-2013 ORDINANCE NO. 20745-05-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JESSE PERRY, JR. d/b/a LIMO-SCENE, 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 TWO (2) 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 JESSE PERRY, JR. d/b/a
LIMO-SCENE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, JESSE PERRY, JR. d/b/a LIMO-SCENE, 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 JESSE PERRY, JR.
d/b/a LIMO-SCENE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council 'finds that:
1. The public necessity and convenience require the operation of TWO (2) LIMOUSINES in
the City of Fort Worth;
2. JESSE PERRY, JR. d/b/a LIMO-SCENE is qualified and financially able to efficiently
conduct such business to render such service to the public, consisting of the operation of
TWO (2) 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
TWO (2) LIMOUSINES by JESSE PERRY,JR. d/b/a LIMO-SCENE; and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by JESSE PERRY, JR. d/b/a LIMO-SCENE and any
JESSE PERRY d/b/a LIMO-SCENE Ordinance No.20745-05-201.3
Initial Operating Authority Page 1 of 5
violations thereof will result in the imposition olpenalties as provided by Section 24-228 of
the City Code oIOrdinances.
NOW, THEREFORE, 0EITORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
JESSE PERRY, JR. dVb/u LIMK}'8CBNE, u SOLE 90RKJPR0TORSDJ0P, with its principal place
of business in FORT WORTH, 1[ARRA-N7 COUNTY, TEXAS, hereinafter referred ,uoa `^Coopuoy," is
hereby granted operating authority to use the present and future streets, alleys arid public thoroughfares of the
City of Fort Worth, Texas, in its business of providing public limousine service within the said City's
municipal linuts with TWO (2)LIMOUSINES for a one year period beginning on the effective date,
SECTION 3.
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made u part o[t6ia ordinance uathe fiodiugoof the City Council,
SECTION 3.
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(lY86), uaamended.
SECTION 4^
The authority 600:io granted shall be and remain auhjmct to said Company's full, complete and
satisfactory continuing compliance with all Dodcru|, state and local lux/u and ordinances, including but not
|ioute6tothe Char-ter of the City of Fort Worth, and all relevant provisions of Chapter 34, Code of the City
of Fort Worth (1986), as uzoeoded, and such other ordinances as may boadopted from time to time by the
City Council governing and regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
The Company ack-nowledges that the City of Fort Worth assumes no liability or responsibility in
making this grant, and that hy acceptance ofthis ordinance and grant, Company hereby agrees to iodeounify,
6o|d6urodeoa and defend the City of Fort Worth, its officers, ogeo1o` and employees, from and against any
and all claims or suits, expense or liability, for any and all property damage or |oxx uod/orpor0000l injury,
including death, to any and all persons, of whatsoever kind or character, arising out of or in con-nection with
JESSE PERRY dKhoLIMO-SCENE Ordinance No. 20745'05-2O|3
Initial Operating Authority Page 2of5
any acts or *n6soi000 by Company, its officers, ognok4 employees, drivers, |iueomeu* invitees and
passengers, in the exercise of the mu|ko/(y granted herein; and Company mkaU assume all liability and
responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations shall be and rcu`aiu subject at
all times to such reasonable regulation by the City as in or may be umuoouury to protect the interests of the
gcuuo| public. As such, the Company understands and acknowledges that during the toou of this ordinance
and grant, the City of Fort Worth may adopt such ouiiuunoox 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 000p|iuooe with the provisions of
such ordinances. Further, should the City later adopt an ondioouoc that would change the nature of the 6g}xe
8/au\eJ under this ordinance, the city reserves the right to oaooe) or otherwise modify any and all rights
granted under this ooliouoon and issue new grant of operating authority, as long as Company is not iu
violation of any provision of Chapter 34of the Code oF the City of Fort Worth, Texas (\V&6), aeamended.
In the event the terms and conditions of this oo]iuuuoe are in conflict with the provisions of any such
ordinance adopted by the City, the provisions o[such later-adopted ordinance shall supersede the terms and
conditions o[this ordinance tothe extent they are ioconflict.
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 obu|| he obligated to discharge any oluino or judgment uguium\ it fiouUy established by
|uw' and the failure to do wn for u period of one 6oudcnd eighty (\8O) Juyo shall, ipso [ucto, terminate all
authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Icsuo. (1986)` as amended, the
Conupouy n6o\1 not sell, convey or transfer t|dn grant ufoperating authority to any other Person, Gnoor
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, nor
shall the Company sell, transfer, assig or other-wise encurriber its limousine operation without the consent of
the Fort Worth City Council.
JESSE PERRY dfb/uLlM0'SC8N.E Ordinance No. 20745-05-2013
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SECTION 10.
Nothing herein contained shall he held or construed W confer upon the Company exclusive rights or
privileges of any nature whatsoever.
SECTION 11.
Any suspension or revocation of the privileges �raotod herein may he accomplished under the
applicable provisions o[Chapter 34uf the Code of the City of Fort Worth,Texas(l986), uxamended.
SECTION 12.
The /enox and provisions of this ondiouuun are auvem6|e and obu|| be governed by Section 1'5 of
Chapter of the Code of the City o[Fort Worth,Texas(l986). umamended.
SECTION 13'
The provisions of this ordinance o6a|\ be and are bcro6y dou}urcd to be uunuuiahva of all provisions
of the Code of the City of Fort VVonb, Texas (1906), as unnen6ed, with respect to the roQu}u\iou and
operation of public limousine service within the City's municipal litnits, 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.
/\ penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred
dollars ($500.00). Each day that u violation exists shall constitute a separate offense. Any violation oC/\6n
ordinance shall heu class Cmisdemeanor.
SECTION 15.
After adoption of this ordinance,Company shall pay all required fees and file with the City Secretary
written acceptance of the tcony and provisions hereof. Such acceptance of and agreement to the provisions
oftb6o ordinance and grant u6u1\ be evidenced by the signature of the Coozpouy`x authorized representative
on the fiuolpage nf this ordinance.
SECTION 16.
The City Secretary of the City of Fort Worth, Ieuuo, is hereby directed to publish the caption and
penalty of this ordinance for two (2) days in the official uuwopuprc 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 l4-2O5of the City Code ofOrdinances,
JESSE PERRY d/h/oLIMO-SCENE Ordinance No. 20745'05'20l}
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SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
JESSE PERRY,JR. d/b/a LIMO-SCENE,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
�harl'en�e Sanders,Assistant City Attorney
22013
EFFECTIVE:
ADOPT Ma
EFFECTIVE.
ACCEPTED BY:
JESSE PERRY,JR. d/b/a LIMO-SCENE
JESSE PERRY d/b/a LIMO-SCENE, Ordinance No. 20745-05-2013
Initial Operating Authority Page 5 of 5
Ground Transportation Coordinator Findinil Factors
Under Section 34-204, in determining whether mnot to recommend the granting u[operating
authority, the Ground Transportation Coordinator shall consider, among other things,the following items:
l. Ito6ubtx ponnuncooy and quality of the service offered by the applicant, the applicant's
experience in rendering such service io the City orsimilar service olucv6ero and the applicant's
past record and experience in adjusting clainis and paying judgments, if any,to claimants;
2. The applicant's fiuu«oiul ability to provide the described oen/inu and ability to respond to oiuimo
or judgments arising hyreason of business operations, injury to pns000` or damage to property
resulting from operation o[ulimousine service;
3. The o6uruotcr and condition o[the vehicles tobcused;
4. If the applicant is a corporation or other business entity,the qualification of the officers,directors,
nucmhco 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 u oorpw/ubuo or other business
entity,that of its officers,members and stockholders;and
6 Such other iuihrmu6ou as presented during any public bnodog that may hcac on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5114/2013 - Ordinance No. 24745-05-2013
DATE: Tuesday, May 14, 2013 REFERENCE NO.: **G-17889
LOG NAME: 20LIMO-SCENE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Jesse Perry Jr. d/b/a
Limo-Scene to Operate Two 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 two limousines upon the City streets,
alleys and thoroughfares;
b. Jesse Perry Jr. d/b/a Lima-Scene is qualified and financially able to conduct a limousine service
within the City;
c. Jesse Perry Jr. d/b/a Limo-Scene has complied with the requirements of Chapter 34 of the City
Code;
d. Jesse Perry Jr. d/b/a Limo-Scene presented facts in support of compelling demand and necessity
for two limousines;
e. The general welfare of the citizens of the City will best be served by the addition of two limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Jesse Perry Jr. d/b/a Limo-Scene operating authority for two
limousines on City streets for a one-year period subject to and conditioned on Jesse Perry Jr. d/b/a Limo-
Scene complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
On April 25, 2013, Jesse Perry Jr. d/b/a Limo-Scene (Company) submitted an application requesting
authority to operate two 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: 20LIMO-SCENE 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
in the amount of$250.00.
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 $250.00
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: 20LIMO-SCENE Page 2 of 2