HomeMy WebLinkAboutOrdinance 20767-06-2013 ORDINANCE NO. 20767-06-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO IAN'S LIMOUSINE SERVICE FOR THE USE OF THE
STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY IN
THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALI.., 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 IAN'S LIMOUSINE SERVICE; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted IAN'S LIMOUSINE SERVICE the
authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, IAN'S LIMOUSINE SERVICE 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 IAN'S LIMOUSINE SERVICE; 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 IAN'S LIMOUSINE SERVICE has performed satisfactorily under the tenns of
its operating authority;
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 IAN'S LIMOUSINE SERVICE 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
Ian's Limousine Service Ordinance No.20767-06-2013
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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 IAN'S LIMOUSINE SERVICE 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 Fort Worth will best be served by the
continued operation of 'THREE (3) LIMOUSINES by IAN'S LIMOUSINE
SERVICE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
SECTION 1.
That IAN'S LIMOUSINE SERVICE, a SOLE PROPRIETORSHIP, with its principal place
of business in FORT WORTH, TARRANT COUNTY, TEXAS, hereinafter referred to as
"Company," is hereby granted operating authority to use the present and fitture streets, alleys and public
thoroughfares of the City of Fort Worth, Texas, in its business of providing public limousine service
within the said City's municipal limits with THREE (3) LIMOUSINES for a one year period
beginning on the effective date.
SECTION 2.
That the findings and recitations contained in the preamble hereof are expressly incorporated
into and made a part of this ordinance as the findings of the City Council.
Ian's Limousine Service Ordinance No,20767-06-2013
SECTION 3.
That the Company, aa holder of the grant, and the Company's operations boruuoduc ubuU he
governed at all dnuoo hy the provisions of state and federal laws and regulations and Chapter 34ofthe
Code of the City w[Fort Worth, Texas (l906). asamended.
SECTION 4.
That the authority herein granted abui| be and rcnooio subject to said Company's full, complete,
and satisfactory continuing compliance with all federal, otuto` and |000| |uvvm 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, 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
\Vodb.
SECTION 5,
That the Company oobuon/|edgeo that the City of Fort Worth axmuonuo on liability or
responsibility io making this grant, and that by acceptance o[this ordinance and grant, Company hereby
agrees to iudeu-mifv, hold bnon|ooa and defend the City of Fort Worth, its o[Uumm, agents, and
cnop|nyeco, frono and against any and all o|uioua or suits, expense or liability, for any and all property
damage orloss and/or personal injury, including death, to any and all pe,000a` nf whatsoever kind or
oburaotec` arising out oforioconnection with any acts urorniauiooa by Company, its officers, agents,
employees, drivers, licensees, invitees and puaoeuAcm, in the exsnoior of the authority granted herein;
and Company shall unxuruc all liability and responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property, and operations shall bcand remain
ouhicc< at all honea to such reasonable regulation by the City as is or may be onoeusu/y to ynoiooi the
interests of the general public. As such, the Company understands and acknowledges that during the
term o[this ordinance and &ruot. the City of Fort Worth may adopt such ordinances that further regulate
Ian's Limousine Service Ordinance No.zO767'0u'z0|s
the operation ofthe Company's service within the City of Fort Worth, including the amount of fees W
be paid; and that upon the adoption thereof, the Company ubu [ bouu conducting its operations in
000up|iaoou with the provisions *[such ordinances. ForUhor, should the City later adopt un ordinance
that would change the nature of the rights granted under this ordinance, the City reserves the right to
cancel orotherwise modify any and all rights granted under this ordinance and issue aoen 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 \9odb. Texas (1986), as amended. In the event the terms and conditions of this
ordinance are in conflict with the provisions of any aocb ordinance adopted by the City, the provisions
o[such later-adopted ordinance shall supersede the 1enoo and conditions oytldu ordinance ro the extent
they are iuconflict.
SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter 34 of the
Code o[the City o[Fort Worth, Texas (1986), as anueudtd, is u requisite to exercising thopdvilogeo
granted herein.
SECTION 8.
That the Company abuU he obligated to discharge any Juirn or judgment against it finally
established by law, and the failure to do so for u period ofone hundred eighty (\80) days obu||, ipso
facto, |ennioaie 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 rraoyterddo grant o[operating authority to any other person,
firm, or cmrpnoxdou without the prior formal oouocut and approval of the City Council of the City of
Fort VVocLh' nor shall the Coouynoy sell, transfer, assign, or otherwise eucuoo6er its limousine operation
without the consent o[the Fort Worth City Council.
uv'`Limousine Service Ordinance No.z07V7-0h-zV|s
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SECTION 10.
That nothing herein contained shall be held or construed to confer upon the Company exclusive
rights or privileges of any nature whatsoever,
SECTION 11.
That 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 1.2.
That the terms and provisions of this ordinance are severable and shall 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 operation of public limousine service within the City's rYZUrticipal 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.
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 arid 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 Cade of Ordinances.
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the
fee by IAN'S LIMOUSINE SERVICE and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders,Assistant City Attorney
ADOPTED: June 4. 2013
EFFECTIVE: .`
ACCEPTED BY:
IAN'S LIMOUSINES V CE
DATE:
Ian's Limousine Service Ordinance No.20767-06-2013
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Ground Transportation Coordinator Finding 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 614/2013 - Ordinance No. 20767-06-201
DATE: Tuesday, June 04, 2013 REFERENCE NO.: **G-17905
LOG NAME: 201RAN'S LIMO
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Ian's Limousine
Service 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. Ian's Limousine Service is qualified and financially able to conduct a limousine service within the
City;
c. Ian's Limousine Service has complied with the requirements of Chapter 34 of the City Code;
d. Ian's Limousine Service 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 Ian's Limousine Service operating authority for three limousines
on City streets for a one-year period subject to and conditioned on Ian's Limousine Service complying with
all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On May 2, 2013, Ian's Limousine Service (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.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 201RAN'S LIMO Page I of 2
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: 201RAN'S LIMO Page 2 of 2