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HomeMy WebLinkAboutOrdinance 20825-07-2013 ORDINANCE NO. 20825-07-2013 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO LIMO 10, INC. d/b/a 360 LIMO, 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 TWELVE (12) 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 LIMO 10, INC. d[b/a 360 LIMO, INC.; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth previously granted LIMO 10, INC. d1b/a 360 LIMO, INC. the authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and, WHEREAS, LIMO 10, INC. d/b/a 360 LIMO, INC. 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 Foil 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 LIMO tO,INC. d/b/a 360 LIMO,INC.; 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 LIMO 10, INC. d/b/a 360 LIMO, INC. 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; LIMO 10, INC,d/b/a 360 LIMO, INC. Page I of 7 Operating Authority Ordinance(Renewal) Ordinance No, 20 825-07-20 1 3 3. That LIMO 10, INC. d/b/a 360 LIMO, INC. is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of TWELVE (12) 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 LIMO 10, INC. d/b/a 360 LIMO, INC. continues to comply with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas (1486), 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 TWELVE (12) LIMOUSINES by LIMO 10, INC. d/b/a 360 LIMO, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That LIMO 10, INC. d/b/a 360 LIMO, INC., a CORPORATION, with its principal local place of business and its headquarters in, LIMO 1.0, INC. d/b/a 360 LIMO, INC. OF DALLAS, DALLAS 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 TWELVE (12) LIMOUSINES for a one year period beginning on the effective date. LIMO 10,INC.d/b/a 360 LIMO,INC. Page 2 of 7 Operating Authority Ordinance(Renewal) Ordinance No.20825-07-2013 SECTION 2. That the findings and recitations contained in the preamble hereof are expressly incorporated into and made u part of this ordinance as the findings of the City Cuuuuii SECTION 3. That the Company, um holder ofthe grant, and the Company's operations hereunder, shall be governed atall hnuemby the provisions of state and federal laws and regulations and Chapter ]4of the Code of the City of Fort Worth, Texas()980), umamended. SECTION 4. That the authority bcrcio granted ohu|) be and remain subject to said Company's full, complete, and nudu1ao<ory continuing oonop(ixnon with all federal, state, and local )uwm arid ordinances, including but not limited to the Cbmdez of the City of Fort VVodb, and all relevant provisions of Chapter 34, Code of the City of Fort Worth, Texas (1986), as amended, and such other oojiu000ex as may be adopted from time to time by the City Council governing and regulating the operation o[]bnouwiueuio the City o[Fort Worth. SECTION 5. That the Company acknowledges that the City of Fort Worth assumes no liability or responsibility in making this Qruo{, and that 6vacceptance of this ordinance arid grou1` Company hereby agrees to indemnify, hold harmless and defend the City o[Fort Worth, its officers, agents, and employees, from arid against any and all claims orsuits, expense or liability, for any and all property damage orloss 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, L|rmo |0.INC.6/h/us^0 LIMO,INC. puoe 3of7 Operating Authority Ordinance(Kcoew"|) Ordinance No,z08z5'V7'zo|3 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 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. That 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. LIMO 10,INC.dJb/a 360 LIMO,INC, Page 4 of 7 Operating Authority Ordinance(Renewal) Ordinance No.2082.5-07-2013 SECTION 8. That the Company shall be obligated to discharge any clairn 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 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, or otherwise encumber its limousine operation without the consent of the Fort Worth City Council. 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 l of the Code of the City of Fort Worth, Texas (1986), as amended. LIMO 10,INC.d/b/a 360 LIMO,INC, Page 5 of'7 Operating Authority Ordinance(Renewal) Ordinance No.20825-07-2013 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. 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 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. LIMO 1.0,INC,d/b/a 360 LIMO,INC, Page 6 of 7 Operating Authority Ordinance(Renewal) Ordinance No.20825-07-2013 SECTION 17. That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by LIMO 10, INC. d/b/a 360 LIMO, INC. and publication as required by law. APPROVED AS TO FORM AND LEGALITY: . w ASSISTANT CITY ATTORNEY kA Y J. KAYSER, CITY CRETARY ADOPTED: July 23, 2013 EFFECTIVE: ACCEPTED BY: LIMO 10, INC. d/b/a 360 LIMO, INC. DATE:,,.... LIMO 10,INC.d/b/a 360 LIMO,INC. Page 7 of 7 Operating Authority Ordinance(Renewal) Ordinance No.20825-07-2013 Ground Transportation Coordinator Finding Factors Under Section 34-27L subsection(b) in determining whether or not ture0000nood 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 h»bc necessary and desirable; and (3) The holder continues i*comply with all requirements of this chapter.