HomeMy WebLinkAboutOrdinance 20768-06-2013 ORDINANCE NO. 20768-06-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BERET MOORE d/b/a MOORE'S AIRPORT
TRANSPORTATION 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 BERET MOORE d/b/a
MOORE'S AIRPORT TRANSPORTATION; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted BERET MOORE d/b/a
MOORE'S AIRPORT TRANSPORTATION the authority to operate a limousine service on
the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
has applied for renewal of its 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 Sections 34-204 and 34-221 of the Code
of the City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION; 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 BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
has performed satisfactorily under the terms of its operating authority;
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Operating Authority Ordinance(Renewal) Page 1 of 7
2. That the service provided continues to meet the public necessity and convenience
as defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended;
3. That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION 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;
4. That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
continues to comply with the requirements of Chapter 34 of the Code of the City
of Fort Worth, Texas (1986), as amended, and any violations thereof will result in
the imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances; and,
5. That the general welfare of the citizens of Foil Worth will best be served by the
continued operation of THREE (3) LIMOUSINES by BERET MOORE d/b/a
MOORE'S AIRPORT TRANSPORTATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS:
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SECTION 1.
That BERET MO0RE d/b/a MOORE'S AIRPORT TRANSPORTATION, uSOLE
PROPRIETORSHIP with its principal place of business in FORT WORTH, TAR8AN1[
CO0Nl[Y, T|CXAS, hereinafter referred to um ^^Cunopuny," io hereby granted operating authority
to use the present and future streets, o)lcyn and public thoroughfares of the City of Fort VVodb,
Texas, in its hnsionmm of providing public limousine service within the said City's nuonioipu\
iiouiix with THREE (3) ]LKMO0SKNDl0 for u one year period beginning on the effective date.
SECTION 2,
That the findings and couitudonm contained in the pcouou6\c burooP are expressly
incorporated into and made a part of this ordinance as the findings of the City Council.
SECTION 3'
That the Company, ux holder wf the grant, and the Company's operations hereunder, shall
he governed at all times by the provisions of state and federal |uvvm and no8u}adnus and Chapter
34of the Code of the City of Foil Worth, Texas (|V86), uxamended.
SECTION 4.
That the authority herein granted mbu|\ be and remain uu6inci to said Company's [u\|,
complete, and oodmEbotnry continuing compliance with all federal, state, and local iu`vo and
ordinances, including but not limited to the Charter of the City of Fort Worth, and all relevant
provisions nf Chapter 34` Code of the City of Fort Worth, Texas (1986)` as amended, and such
other ordinances as may he adopted from time to time by the City Council governing and
regulating the operation of limousines in the City of Fort Worth.
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SECTION S.
That the Company acknowledges that the City of Fort 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 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.
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 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 Foil
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
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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.
That 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.
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, 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.
SECTION 10.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any mature whatsoever.
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SECTION 11.
That any suspension or revocation of the privileges granted herein may be n000rnp|ixbod
under the upp|iouh|o provisions of Chapter 34 of the Code of the City of Fort Worth, Texas
(|g8h), umamended.
SECTION 12.
That the tennoand provisions nf this ordinance are severable and aho|\ be governed by
Section 1-5 of Chapter I of the Code of the City of Fort 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 Fort Worth, Texas (1986), as amended, with respect to
the regulation and oporuduo of public limousine service within the City's nnouicipu| 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 pcmulh/ may he imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($500.0(). Each day that u violation exists obo|l constitute o separate
offense, Any violation nf this ordinance shall bou class Cmisdemeanor.
SECTION 15'
That 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 oboJ| he evidenced by the signature
of the Company's authorized representative oothe 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.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION and
publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders,Assistant City Attorney
ADOPTED: June 4, 2013
EFFECTIVE:
ACCEPTED BY:
BERET MOORE d/b/a MOORE'S
AIRPORT TRANSPORTATION
DATE: -q;:�
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Operating Authority Ordinance(Renewal) Page 7 of 7
Ground Transportation Coordinator FlndinI4 Factors
Under Section 34-271,subsection(b)in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority-,
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/412013 - Ordinance No. 20768-06-2013
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DATE. Tuesday, June 04, 2013 REFERENCE NO.. **G-17906
LOG NAME: 20MOORE'S TRANSPORTATION
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Beret Moore
d/b/a Moore's Airport Transportation 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. Beret Moore d/b/a Moore's Airport Transportation is qualified and financially able to conduct a
limousine service within the City;
c. Beret Moore d/b/a Moore's Airport Transportation has complied with the requirements of Chapter
34 of the City Code;
d. Beret Moore d/b/a Moore's Airport Transportation 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 Beret Moore d/b/a Moore's Airport Transportation operating
authority for three limousines on City streets for a one-year period subject to and conditioned on Beret
Moore d/b/a Moore's Airport Transportation complying with all requirements of Chapter 34, Article VI of the
Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On April 29, 2013, Beret Moore d/b/a Moore's Airport Transportation (Company) submitted a renewal
application seeking 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 34-271, 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: 20MOORE'S TRANSPORTATION Page 1 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 funds 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: 20MOORE'S TRANSPORTATION Page 2 of 2
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