HomeMy WebLinkAboutOrdinance 20821-07-2013 ORDINANCE NO. 20821-07-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BLS INTERSTATE, 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 ONE (1) LIMOUSINE, 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 BLS INTERSTATE, LLC; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, BLS INTERSTATE, 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 BLS
INTERSTATE,LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
facts made available to it, the City Council finds that:
I The public necessity and convenience require the operation of ONE (1) LIMOUSINE
in the City of Fort Worth;
2. BLS INTERSTATE, LLC is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation of ONE (1)
LIMOUSINE 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
ONE (1) LIMOUSINE by BLS INTERSTATE, LLC; 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 BLS INTERSTATE, LLC and any violations
BLS INTERSTATE, LLC Ordinance No. 20821-07-2013
Initial Operating Authority Page I of 5
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thereof will ccm/|t in the imposition of penalties as provided by Smoduu 34'228 of the
City Code o[Ordinances,
NOW, THEREFORE, 0E0[ ORDAINED 0Y THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
BLS INTERSTATE, LI.C, TYPE OF BUSINESS, with its principal pluoeofhuoiooxnaodits
headquarters in CITY, COUNTY, TEXAS hereinafter referred iu uu ^\Connpuny`" in hereby granted
operating authority to use the present and future streets, a||oyn and public tbor^uob[un:m of the City of
Fort Worth,Texas, in its business nfproviding public limousine service within the said City's nuuuiuipu\
limits with ONE (1) LIMOUSINE for a one year peniod beginning on the effective date.
SECTION 2'
The findings and recitations contained in the p,eunuh1e hereof are expressly incorporated into
and made u part o[this ordinance ua the findings of the City Council.
SECTION 3'
The Company, as holder of the grant, and the Company's operations hereunder, u6ol) he
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(l986)' aaamended.
SECTION 4.
The authority herein granted mhu|| be and onouio 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 may be adopted 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 of Fort Worth assumes no liability or responsibility in
making this grant, and that by uooaptauoo of this ocdiuuuoo and grant, Company 6o,chy uAzoco to
indemnify, bold harmless and defend the City o[Fort Worth, its officers, agents, and employees, from
BLS INTERSTATE, LLC Ordinance No. 20821-07-2013
Initial Operating Authority Page 2^fs
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 ornissions 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.
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 Fort 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 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.
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 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.
BLS INI"ERSTATE,LLC Ordinance No. 20821-07-2013
Initial Operating Authority Page 3 of 5
SECTION 9.
Pursuant to Chapter 34 of the [ode 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 orotherwise encumber its limousine operation without the
consent of the Fort Worth City Council,
SECTION 10'
Nothing herein contained abu\| he held or construed to uouD:c upon the Company exclusive
rights or privileges of any nature whatsoever.
SECTION lX.
Any suspension or revocation of the privileges granted herein may be accomplished Linder the
applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 12.
'The terms and provisions of this ordinance are severable and obul| be governed by Section 1-5 of
Chapter of the Code of the City of Fort Worth, Texas ()qbh), aaamended.
SECTION 13'
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 10 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.
A penalty may be imposed for violations of this ordinance in an amount not W exceed five
hundred dollars (D500.00). Each day that u violation exists shall constitute a eepuruK: offense. Any
violation of this ordinance shall heu class Cmisdemeanor.
BLOlNTBlSTATB.LLC Ordinance No.20O21-V7-20l}
Initial Operating Authority Page*or5
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SECTION 15.
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 shall be evidenced by the signature of the Company's
authorized representative on the final page of this ordinance.
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.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee
by BLS INTERSTATE, LLC,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
��M A Y J. KAYSER, CITY
ASSISTANT CITY ATTORNEY S CiRiTARY
ADOPTED: Jul 2 201
EFFECTIVE:
Yl
IF a
ACCEPTED BY:
BLS INTERSTATE, LLC
DATE: -7,
BLS INTERSTATE, LLC Ordinance No. 20821-07-2013
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NOW
Ground Transportation Coordinator Finding Factors
Under 3eohoo 34-204 in determining whether or not to recommend the granting ofoperating
authority, the Ground Transportation Coordinator shall consider, umougother things, the following items:
l, Probable peonunouoy and quality of the cor"ioo offered by the applicant, the applicant's
unperiuoce iuondodog such service in the City uroiodla, service elsewhere and the applicant's
past record and experience in adjusting claims and paying judgments,if any,to claimants;
Z. The applicant's financial ability to provide the described service and ability to respond to claims
or judgments arising hyreason of business vperodvoo` injury to persons, or damage to property
resulting fi-om operation ofulimousine service;
3. The character and condition uf the vehicles toboused;
4. If the applicant in u corporation or other business entity, the qualification of the o{600rn'directors,
mnmhco and persons with economic interest making such uppdioodoo and each of the above-
numbered items as applied to each of the stockholders,officers,members and directors;
S. The applicant's character and past record and, if the applicant is u corporation or other business
entity,that of its officers,members and stockholders;and
6. Such uibor (ofonnoutioo as presented during any public hearing that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No. 20821.07-2013
DATE. Tuesday, July 23, 2013 REFERENCE NO.. **G-17945
LOG NAME: 20BLS INTERSTATE, LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of BLS Interstate, LLC,
to Operate One Limousine 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 one limousine upon the City
streets, alleys and thoroughfares;
b. BLS Interstate, LLC, is qualified and financially able to conduct a limousine service within the City;
c. BLS Interstate, LLC, has complied with the requirements of Chapter 34 of the City Code;
d. BLS Interstate, LLC, presented facts in support of compelling demand and necessity for
one limousine;
e. The general welfare of the citizens of the City will best be served by the addition of one limousine
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting BLS Interstate, LLC, operating authority for one limousine on
City streets for a one-year period subject to and conditioned on BLS Interstate, LLC, complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On June 27, 2013, BLS Interstate, LLC submitted an application requesting authority to operate one
limousine 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.
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
Logname: 20BLS INTERSTATE, LLC Page 1 of 2
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$200.00.
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/C enters FROM Fund/Account/Centers
GG01 421352 0201002 $200.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Lognatne: 20BLS INTERSTATE, LLC Page 2 of 2