HomeMy WebLinkAboutOrdinance 20822-07-2013 ORDINANCE NO. 20822-07-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ECHO TRANSPORTATION SOLUTIONS, 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 SEVEN (7) 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 ECHO TRANSPORTATION SOLUTIONS, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted ECHO TRANSPORTATION
SOLUTIONS, LLC the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; arid,
WHEREAS, ECHO TRANSPORTATION SOLUTIONS, LLC 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 ECHO TRANSPORTATION SOLUTIONS,LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
facts made available to it, the City Council finds:
I That ECHO TRANSPORTATION SOLUTIONS, LLC has performed satisfactorily
under the terms 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 ECHO TRANSPORTATION SOLUTIONS, LLC is qualified and financially
able to efficiently conduct such business to render such service to the public, consisting
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Operating Authority Ordinance(Renewal) Ordinance No.20822-07-2013
of the operation of SEVEN (7) 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 ECHO TRANSPORTATION SOLUTIONS, LLC 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 SEVEN (7) LIMOUSINES by ECHO TRANSPORTATION
SOLUTIONS, LLC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
ECHO TRANSPORTATION SOLUTIONS, LLC, a CORPORATION with its principal
local place of business and its headquarters in FORT WORTH, TARRANT COUNTY, TEXAS,
hereinafter referred to as "Company," is hereby granted operating authority 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 SEVEN (7) LIMOUSINES for a
one year period beginning on the effective date.
SECTION 2.
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.
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Operating Authority Ordinance(Renewal) Ordinance No, 20822-07-2013
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SECTION 3.
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, Texas(1986), as amended.
SECTION 4.
The authority 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, Texas (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.
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 harmtess 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
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Operating Authority Ordinance(Renewal) Ordinance No.20822-07-2013
the operation o[the Company's service within the City of Fort Worth, including the amount of fees k`
be /(; and that upon the adoption thereof, the Company abuU begin conducting its operations in
compliance with the provisions of such ordinances. should the City later adopt 000rdinance
that would change the nature of the rights granted under this ordinance, the City reserves the right to
cancel ocotherwise modify any and all rights granted under this ordinance and issue aocw 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 \eone and conditions of this
ordinance are in conflict with the provisions o[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 o[required fees, uuspocificdiu Chapter 34ofthe
Code of the City of Fort Worth, Texas (|9Q6). us amended, iaorequisite to exercising the privileges
granted herein,
SECTION 8.
That the Cnnopuoy abu|i be obligated to diuoba,Ao any u\uinn or judgment against it buuUy
established bvlaw, and the failure to do so for a period o{one hundred eighty (180) days xhu||, ipso
facto,terminate all authority under this grant.
SECTION 9.
That pursuant 10 Chapter 34of the Code of the City o[Fort Worth, Texas, (lVQ6), omunoeodod,
the Company shall not sell, convey, or truooJor this grant ofoperating authority to any other person,
firm, ur corporation without the prior formal consent and approval uf the City Council of the City nf
Fort VVoUb, nor shall the Company sell, transfer, assign, or otherwise encumber its limousine operation
without the consent ofthe Fort Worth City Council.
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Operating Authority Ordinance(KuocwuV Ordinance No.z08z2-07-20|3
SECTION 10.
That nothing herein contained shall be held mconstrued to confer upon the Company exclusive
rights o,privileges of any nature whatsoever.
SECTION 11.
That any xuaycuoiou or revocation of the piivUegea 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 tenna and provisions of this ordinance are severable and shall he governed by Section
1-5 of Chapter I of the Code of the City of Fort Worth,Texas(1986), as amended.
SECTION 83.
That the provisions of this ordinance sbu\] be and are hereby declared to he cumulative of all
provisions of the Code of the City of Roo V/onb, Texas (1986), as amended, with respect to the
regulation and operation^fpublic |inunuoiuo service within the City's oouoiuipu| |iodx, and, in the event
of conflict between the provisions of this ordinance and such Code,the provisions o[the City Code shall
govern and prevail.
SECTION 84,
A penalty may he imposed for violations of this ordinance in an amount not to exceed five
hundred dollars ($500.00). Each day that a violation exists oboJi uouudUutc a separate offense. Any
violation of this ordinance shall hoa class Cmisdemeanor.
SECTION 15'
That after adoption of this ordinance, Company shall pay all required fees and file with the City
Secretary written ocoopiuooe of the teoux and provisions bozeo[ 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 oothe fiou|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 ECHO TRANSPORTATION SOLUTIONS, LLC and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
f
ASSISTANT CITY ATTORNEY M J. KAYSER, CITY"S)ECRETARY
ADOPTED: July 23.2013
EFFECTIVE:
ACCEPTED BY:
ECHO TRANSPORTATION SOLUTIONS, LLC
-77
DATE:
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Operating Authority ordinance(Renewal) Ordinance No.20822-07-2013
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 tinder 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
.�o
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No 20822-07-2013
DATE: Tuesday, July 23, 2013 REFERENCE NO.: **G-17946
LOG NAME: 20ECHO TRANSPORTATION
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Echo
Transportation Solution, LLC, to Operate Seven 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. Echo Transportation Solution, LLC, has performed satisfactorily under the terms of its operating
authority;
b. The service provided continues to meet the public necessity and convenience as defined by
Chapter 34 of the City Code;
c. Echo Transportation Solution, LLC, is qualified to conduct its business and continues to comply
with the requirements of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation of
seven limousines by Echo Transportation Solution, LLC; and
2. Adopt the attached ordinance granting Echo Transportation Solution, LLC, authority to operate seven
limousines on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on
Echo Transportation Solution, LLC, complying with all requirements of Chapter 34, Article VI of the Code
of the City of Fort Worth (1986), as amended.
DISCUSSION:
Echo Transportation Solution, LLC (Company), was granted operating authority for five limousines on
June 5, 2012 (M&C G-17600, Ordinance No. 20222-06-2012). The initial operating authority was for a
period of one year. On July 2, 2013, the Company submitted a renewal application seeking to operate
seven 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 renewal 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: 20ECHO TRANSPORTATION Page 1 of 2
The one-year period shall commence an 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
in the amount of$500.00.
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 $500.00
CERTIFICATIONS:
Submitted for City Manager's Qffiicq_b . Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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