HomeMy WebLinkAboutOrdinance 17279-11-2006ORDINANCE NO. 17279-11-2006
AN ORDINANCE GRANTING TO CAREY LIMOUSINE DALLAS, INC. THE
PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE
BUSINESS WHICH SHALL CONSIST OF THE OPERATION OF SIXTY (60)
LIMOUSINES FOR A PERIOD BEGINNING ON NOVEMBER 17, 2006, AND
ENDING ON NOVEMBER 16, 2009; SPECIFYING THE TERMS AND
CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR WRITTEN ACCEPTANCE BY CAREY LIMOUSINE DALLAS,
INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Carey Limousine Dallas, Inc. has applied for the privilege 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
Carey Limousine Dallas, Inc.; 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 in the city of
Fort Worth of sixty (60) limousines by Carey Limousine Dallas, Inc.;
2. That Carey Limousine Dallas, Inc. is qualified and financially able to efficiently
conduct such business to render such service to the public, consisting of the
operation of sixty (60) limousines upon the public streets, alleys and
thoroughfares of the City of Fort Worth for the period beginning on November 17,
2006 and expiring November 16, 2009;
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of sixty (60) limousines by Carey Limousine Dallas, Inc.
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 Carey Limousine Dallas, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
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SECTION 1.
That Carey Limousine Dallas, Inc., a Corporation (Company) with its principal place of
business and its headquarters in Dallas, Dallas County, Texas, hereinafter referred to as
"Company," is hereby granted the privilege to use the present and future 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 sixty (60) limousines for the period
beginning November 17, 2006 and expiring November 16, 2009.
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.
SECTION 3.
That 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 (1986), as amended.
SECTION 4.
That the privilege herein granted shall be and remain subject to said Company's full,
complete 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 (1986), as amended, and such other
ordinances as maybe adopted from time to time by the City Council governing and regulating
the operation of limousines in the City of Fort Worth.
SECTION 5.
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 privileges. granted herein; and Company shall assume all
liability and responsibility for same.
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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 which further regulate the operation of the Company's service within the City of
Fort Worth, including the amount of street rental 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 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
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 an annual "street rental" fee, 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 privilege 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 it sell, transfer, assign or otherwise encumber its limousine
operation without the consent of the City Council of the City of Fort Worth.
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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 12.
That 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.
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 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.
That within ten (10) days after adoption of this ordinance, Company shall 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 15.
That this ordinance shall be in full force and effect from the date of its adoption and
acceptance as hereinabove provided and after it has been published for two (2) days in the
official newspaper of the City.
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APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY A OR EY
DATE: i~ • /~~ ~ ~t
ADOPTED: November 14 2006
EFFECTIVE: '~ ~~
ACCEPTED BY:
C~EEY L I E ALLAS, INC.
..
By:
Date: , ~' ~ ~ ' d
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Cefy caf fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/14/2006 -Ordinance No. 17279-11-2006
DATE: Tuesday, November 14, 2006
LOG NAME: 38CAREY REFERENCE NO.: ~*G-15488
SUBJECT:
Authorize Application and Adopt Ordinance Granting Privilege to Carey Limousine Dallas, Inc., to
Operate 60 Limousines upon the Streets, Alleys and Public Thoroughfares of the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings and opinions of the City staff as presented herein;
2. Find that the public necessity and convenience require the operation of 60 limousines upon the city
streets, alleys, and thoroughfares; and
3. Adopt the attached ordinance granting privilege to Carey Limousine Dallas, Inc. for a period of three
years beginning November 17, 2006 to November 16, 2009, and authorizing the operation of 60 limousines
upon city streets, such ordinance being subject to and conditioned upon Carey Limousine Dallas, Inc.
complying with all requirements of Article Vl, Chapter 34, of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On October 11, 2006, Carey Limousine Dallas, Inc. Corporation (Company) submitted an application to the
City to operate a limousine service within the City of Fort Worth.
In considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section 34-
204 of the City Code, must determine whether or not the public necessity and convenience require the
operation of such vehicles for hire and whether or not the applicant is qualified and financially able to
efficiently conduct business and render such service to the public. In determining whether or not the grant of
privilege should be made, the City Council 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 persons or damage to property resulting from
operation of a limousine service;
3. The character and condition of the limousines to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members, and persons with economic interest making such application and each of the above-enumerated
items as applied to each of the stockholders, officers, members and directors;
Logname: 38CAREY Page 1 of 2
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.
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
staff authorized to investigate the subject application. The following are the findings and opinions of the City
staff derived from the review of the Company's application and from the staff s independent investigation:
a) The Company is qualified and financially able to conduct a limousine service within the city;
b) The Company has complied with the requirements of Chapter 34 of the City Code;
c) The Company presented facts in support of compelling demand and necessity for 60 limousines; and
d) The general welfare of the citizens of the city will best be served by the addition of 60 limousines upon
city streets, alleys and thoroughfares.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is
estimated at $1,650.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due
to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 1 650.00
Submitted for City Manager's Office b~ Karen Montgomery (6222)
Originating Department Head: Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname: 38CAREY Page 2 of 2