HomeMy WebLinkAboutOrdinance 20699-04-2013 ORDINANCE NO. 20699-04-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO LIMO VALET, 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
FIVE (5) 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 LIMO VALET, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, LIMO VALET, 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 LIMO VALET,LLC;
and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
1 That the public necessity and convenience require the operation of FIVE (5)LIMOUSINES
in the City of Fort Worth;
2. That LIMO VALET, LLC is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation of FIVE (5)
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. That the general welfare of the citizens of Fort Worth will best be served by the operation of
FIVE(5)LIMOUSINES by LIMO VALET,LLC; and,
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by LIMO VALET,LLC and any violations thereof will
Ordinance No.20699-04-2013
Page 1 of 5
result iu the imposition of penalties e provided hy Section 34228of the City Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
LIMO VALET, ]LD.oC with its principal place ofbusiness and its headquarters ioGR4NB0RY,
HOOD COUNTY, TEXAS 600:inabcr referred to as ^^Compuny." is hereby 8ruotn6 operating authority to
use the present and future a|reu(u` a|}oyx and public thoroughfares of the City of Fort Worth, Iezoo, in its
business of providing public |icoouoioo service within the said City's municipal \iodtx with FIVE (5)
K^KMKyIJSINES for u one year period beginning oo the effective date.
SECTION 2.
The findings and ceubu\imoa 000iuiood in the pu:unuhlo hereof are czpo:uu|y incorporated into and
made u part of this ordinance ua the findings of the City Council.
SECTION 3.
The Company, mw 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(|986), uaamended.
SECTION 4.
The authority herein granted x6aii he and remain subject to said Company's full, complete and
satisfactory continuing compliance with all [odum)` utm|u and local laws and urJiva000u, including but not
]iodu:dro /boCburtocof,boCi(yofFortVVoUb, uoda1| nu|evuntprovimioomofCboptcr34. CodnoftbnCby
of Fort Worth (1986), as amended, and such other ordinances as may beadopted 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 acknowledges that the City ofFoil Wortbunnumoa no liability or responsibility in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to indemnify,
hold 60001000moJ de6:oJ the City o{Foil Worth, its officers, agents, and employees, from and against any
and all claims or suits, expense ocliability, for any and all property damage or \oon uod/orpnmouul injury,
including death, to any and all persons, of whatsoever kind or character, arising out of or in connection with
Ordinance No.20699-04-2013
Page 2o[5
any acts or omissions by [bn`pauy, its officers, agents, en-ip|oyeey. drivers, |io*uscea, invitees and
pumacogen, in the exercise of the authority granted herein; and Company uho|\ assume all liability and
responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations xboU be and remain subject ut
all times to such reasonable regulation by the City as is or may be necessary to protect the interests of the
general public. /to such, the Company understands and acknowledges that during the term o[this ordinance
and 87uoL, the City of Fort Worth may adopt such ordinances that further regulate the oycroboo of the
Company's service within the City o[Fort Worth, including the amount of fees \ohr paid; and that upon the
adoption thereof, the Company obu|| begin conducting its operations io 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 ondiou000. the City coscrvuo the 6Abt to uuncc] or od6omvixe modify any and all rights
granted under this ordinance and issue new grant o[operating authority, as long as Company is not in
violation of any provision o[Chapter 34of the Code ofthe City o[Fort Worth, Texas (lv86), uuamended.
In the event the terms and conditions of this oodiuu000 are in conflict with the pouv(oioom 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.
l`he Company uokoowludApu that payment of required fees, as specified in C6upu:c 34 of the Code of
the City ofFort Worth,Texas (1986), as amended, is u requisite toexercising the privileges granted herein.
SECTION 8.
The Company shall he obligated io discharge any claim o,judgment against ii finally established by
law, and the failure \oJo so for a period of one hundred eighty (|80) days sbo||, ipso facto, tconivaLcuU
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 obaU not anO, convey or /muo<ec this grant of operating authority to any other ymnoo` firm or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, nor
vhuU the Company oe|L transfer, assign orotherwise encumber its limousine operation without the consent o[
the Fort Worth City Council,
Ordinance No.2Vh9Y'04-2V|}
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SECTION 10.
Nothing herein contained shall h* 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 t0000 and provisions of this ordinance are severable and shall 6e �ovenzcdhySection 1-5 of
Chapter | o[the Code uf the City of Fort Worth,Texas()VQ6)' as amended.
SECTION 13.
The provisions of this ordinance obu|l be and are 6nzohy declared N 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 ofpublic limousine service with=in the City's municipal limits, and, in the event o[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 bn imposed for violations of this ordinance iouuamount not to eruccd five hundred
dollars ($500.00). Each day that u violation exists shall constitute u separate offense. Any violation o[this
ordinance shall bcu 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 tnnny and provisions hereof. Such acceptance of and agreement tn the provisions
of this ordinance and grant shall 6e evidenced by the signature of the Company's authorized representative
un the final page of this ordinance.
SECTION 16,
The City Secretary of the City of Fort Wm16. Texas, is hereby directed 10 publish the caption and
penalty of this ordinance for two (2) days in the official uevvoyapur of the City of Fort Worth, Icxuu, 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 34-20jof the City Code ofOrdinances.
Ordinance No.20699'V4'20l3
Page 4o[5
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
LIMO VALET,LLC,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders
Assistant City Attorney
ADOPTED: April 16,2013
9
EFFECTIVE:
ACCEPTED BY:
LIMO VALET,LLC
DATE:
Ordinance No.20699-04-2013
Page 5 of 5
Ground Transportation Coordinator Findine 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:
\. Probable permanency and qoulbv of the service offered by the uon|iomot, the unn6umot'o
experience io rendering such service io the City nr similar service ulxcv,beru and the nppliouodo
past record and experience in adjusting claims and paying judgments, if any,to claimants;
2. The applicant's fiouonia> ability to provide the described service and ability to respond to claims
or judgments arising by reason of business operations, injury to persons, or 6000u&e to property
roxu/do8 from operation of limousine service;
2. The character and condition o[the vehicles toboused;
4. l{the applicant imu corporation o,other business entity, the qualification of the otfioero,directors,
members and persons with economic interest making such application and each ofthe above-
numbered items as applied to each of the stockholders,officers,members and directors;
S. The applicant's character and past record uud' if the applicant is u corporation or other business
entity, that of its officers,members and stockholders;and
6. Such other information as presented during any public 6eudo& that may bear on the public
necessity and convcoi0000.
City �City ��x Fort Worth, Texas
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-COUNCIL,ACTIONt"t
DATE: Tuesday, April 18. 2013 REFERENCE NO.: °°G-17800
LOG NAME: 2OL|MO VALET LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Limo Valet, LLC, to
Operate Five Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority(ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
|tis 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 five limousines upon the City streets,
alleys and thoroughfares;
b. Limo Valet, LLC. is qualified and financially able Ln conduct a limousine service within the City;
o. Limo Valet, LLC. has COnnp|iod with the requirements of Chapter 34 of the City Code;
d. Li/no Valet, LLC, presented facts in support of compelling demand and necessity for five limousines;
e. The general welfare of the citizens of the City will best be served by the addition of five limousines
upon City streets, a||oyo and thoroughfares; and
2. Adopt the attached ordinance granting Limo Valet, LLC, operating authority for five limousines on City
streets for one-year period subject to and conditioned on Limo Valet, LLC, complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On March 22, 2013, Limo Valet, LLC, submitted an application requesting authority to operate five
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 b) adopt, approve Or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-2O4. 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 tD 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 34-2O5Of the Code VfOrdinances.
Loguume: 20T.lM() VALET LI.0 Page lof2
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
in the amount of$400.00.
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 $400.00
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 VALET LLC Page 2 of 2