HomeMy WebLinkAboutOrdinance 20823-07-2013 ORDINANCE NO. 20823-07-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO FLUXTRA, INC., 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 FLUXTRA, INC.; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, FLUXTRA, INC., 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 FLUXTRA,
INC.; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
facts made available to it, the City Council finds that:
1. The public necessity and convenience require the operation of ONE (1) LIMOUSINE
in the City of Fort Worth;
2. FLUXTRA, INC. 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 FLUXTRA, INC.; and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been cornplied with by FLUXTRA, INC. and any violations thereof will
result in the imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances.
FLUXTRA,INC. Ordinance No.20823-07-2013
Initial Operating Authority Page I of 5
NOW, THEREFORE, BEO[ ORDAINED 0Y THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION X.
Fi0XTRA, INC., m CORPORATION, with its principal place of business and its
headquarters in DRVlNG, DALLAS COUNTY, TEXAS hereinafter referred to as ^tl/rupaoy,^ in
hereby granted operating authority to use the present and b/cu,C streets, uUcyo and public thoroughfares
of the City of Fort \Yodb, Texas, in its business of providing public |inoouaioo service within the said
City's municipal limits with ONE (l) LIMOUSINE for a one year period beginning on the effective
date,
SECTION%.
The findings and recitations contained in the preamble hereof are expressly iuoonnnru(cd into
and made o 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, ebu)i be
governed at all times by the provisions of state and federal laws and regulations and Chapter 34 of the
Code o[the City o[Fort Worth(lV&h), uuamended.
SECTION 4.
The uu(bod1y heroin granted uba|| he and ruoouiu uuNoci to said Cwrupauy`o full, conzp1c1u and
satisfactory continuing oocop|iuuoo with all federal, oLuLe and local luvvn and ordinances, including but
not limited 1u the Charter of the City of Fort Worth, and all relevant provisions of Chapter 34, Code of
the City o[Fort Worth (1986), as amended, and such other ordinances as may be adopted b'ono 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 mf Fort Worth assumes oo 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 orFort Worth, its officers, agents, and employees, from
and against any and all claims or suits, expense or liability, for any and all property damage urloss
FCOX38A`O1C. Ordinance No. 2O823'07'2Oi3
Initial Operating Authority Page 2 vrs
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.
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 farther 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.
SECTION 9.
FLUXTRA,INC. Ordinance No. 20823-07-2013
Initial Operating Authority Page 3 of 5
Pursuant to Chanter 34 of the Code of the [%iy of Fort Worth, Texas, (1986), as amended, the
Company shall not sell, convey nr transfer this grant o[operating authority \o any other person, finoor
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
nor shall the Company ou)|, transfer, assign or otherwise encumber its ]iznnumiuc opnruhmu without the
consent u[the Fort Worth City Council.
SECTION 10.
Nothing herein contained sbu\) be bo|d or construed to confer upon the Company exclusive
rights oc privileges of any nature whatsoever,
SECTION 11.
Any suspension or revocation of the privileges granted hereinnnuy be accomplished under the
applicable provisions of Chapter 34uf the Code of the City of Fort YVortb` [exuo(|986), aoacoonded.
SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of
Chapter inf the Code of the City nf Fort Worth,Texas(|q86), unamended.
SECTION 13.
'
The provisions of this ordinance nbuU he and are hereby declared to he cumulative of all
provisions of the Code of the City of Fort Worth, 1[oxaa (1986), as amended, with respect to the
regulation and operation ofpublic limousine service within the City's municipal |iozdu, 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 (S500D0). Each day that a violation exists ubu|| constitute a separate offense. Any
violation of this ordinance shall be class Cmisdemeanor.
FLUXTD-A,D«C. Ordinance No.20823-07'2O13
Initial Operating Authority Page 4 of 5
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 1.7.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee
by FLUXTRA,INC., and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY J. KAYSER, CITY(S"CRETARY
ADOPTED: July 23, 2013
EFFECTIVE:
ACCEPTED BY:
FLUXTRA, INC.
DATE: _'5
FLUXTRA, INC. Ordinance No.20823-07-2013
Initial Operating Authority Page 5 of 5
Ground Transportation Coordinator Finding Factor
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority,the Ground Transportation Coordinator shall consider, among other things, the following items:
I 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 vehicles 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-
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 a corporation or other business
entity,that of its officers,members and stoelcholders;and
6. Such other information 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 can 7/23/2013 - Ordinance No. 20823-07-2013
DATE: Tuesday, July 23, 2013 REFERENCE NO.: **G-17947
LOG NAME: 20FLUXTRA, INC.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Fluxtra, Inc., 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. Fluxtra, Inc., is qualified and financially able to conduct a limousine service within the City;
c. Fluxtra, Inc., has complied with the requirements of Chapter 34 of the City Code;
d. Fluxtra, Inc., 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 Fluxtra, Inc., operating authority for one limousine on City
streets for a one-year period subject to and conditioned on Fluxtra, Inc., complying with all requirements of
Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On June 26, 2013, Fluxtra, Inc., 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
City Charter and Section 34-205 of the Code of Ordinances.
Logname: 20Fluxtra, Inc. Page 1 of 2
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 F und/Accou nt/C enters FROM Fund/Account/Centers
0001 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)
Logname: 20Fluxtra, Inc. Page 2 of