HomeMy WebLinkAboutOrdinance 20820-07-2013 ORDINANCE NO. 20820-07-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ABOUT DFW CO., (1/b/a ABOUTFW CAR & LIMOUSINE
SERVICES 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 FOUR. (4)
LIMOUSINES FOR A ONE (L) 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 ABOUT DFW
CO., D/B/A ABOUTFW CAR & LIMOUSINE SERVICES; .PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted ABOUT DFW CO., d/b/a ABOUTFW
CAR & LIMOUSINE SERVICES the authority to operate a limousine service on the public streets,
alleys, and thoroughfares of the City; and,
WHEREAS, ABOUT DFW CO., d/b/a ABOUTFW CAR & LIMOUSINE SERVICES 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
ABOUT DFW CO., d/b/a ABOUTFW CAR & LIMOUSINE SERVICES; 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. ABOUT DFW CO., d/b/a ABOUTFW CAR & LIMOUSINE SERVICES has
performed satisfactorily under the terms of its operating authority;
2. 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. ABOUT DFW CO., d/b/a ABOUTFW CAR& LI:MOUSINE SERVICES is qualified
and financially able to efficiently conduct such business to render such service to the
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Operating Authority Ordinance(Renewal) Ordinance No.20820-07-2013
public, consisting of the operation of FOUR (4) LIMOUSINES upon the public streets,
alleys and thoroughfares of the City of Fort Worth for a one(I) 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. ABOUT DFW CO., d/b/a ABOUTFW CAR & LIMOUSINE SERVICES 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. The general welfare of the citizens of Fort Worth will best be served by the continued
operation of FOUR (4) LIMOUSINES by ABOUT DFW CO., d/b/a ABOUTFW
CAR&LIMOUSINE SERVICES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
ABOUT DFW CO., dJb/a ABOUTFW CAR & LIMOUSINE SERVICES, a
CORPORATION, with its principal local place of business and its headquarters in 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 with-in the said City's municipal limits with FOUR (4)
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.20820-07-2013
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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,Texas(1986), as amended.
SECTION 4.
That 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 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 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
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Operating Authority Ordinance(Renewal) Ordinance No.20820-07-2013
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.
SECTION S.
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 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.
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Operating Authority Ordinance(Renewal) Ordinance No.20820-07-2013
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.
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 tlus ordinance and grant shall be evidenced by the signature of the Company's authorized
representative on the final page of this ordinance.
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Operating Authority Ordinance(Renewal) Ordinance No.20820-07-2013
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 Foil 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 ABOUT DFW CO., d1b/a ABOUTFW CAR & LIMOUSINE SERVICES and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY M Y.I. KAYSER, CITY CRETARY
ADOPTED: July�23 2013
EFFECTIVE:
ACCEPTED BY:
ABOUT DFW CO., d/b/a ABOUTFW CAR&
LINIOU ES
DATE:
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Operating Authority Ordinance(Renewal) Ordinance No.20820-07-2013
Ground Transportation Coordinator Findinp,Factors
Under Section 34-27l` subsection (b) in determining whether or not 1u recommend the renewal o[
granting operating authority, the Ground Transportation Coordinator shall consider, among other th-ings,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues tohe necessary and desirable; and
(3) The holder continues/o comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No. 20820-07-2013
DATE: Tuesday, July 23, 2013 REFERENCE NO,: **G-17944
LOG NAME: 20ABOUT DFW CO.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of About DFW
Co. d/b/a AboutFW Car& Limousine Services, to Operate Four 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. About DFW Co. d/b/a AboutFW Car& Limousine Services 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. About DFW Co. d/b/a AboutFW Car& Limousine Services is qualified to conduct its business and
continues to comply with the requirements of Chapter 34 of the City Code; and
d. The general welfare of the citizens of the City will best be served by the continued operation of four
limousines by About DFW Co. d/b/a AboutFW Car& Limousine Services.
2. Adopt the attached ordinance granting About DFW Co. d/b/a AboutFW Car& Limousine Services
authority to operate four limousines on City streets, alleys and thoroughfares for a one-year period subject
to and conditioned on About DFW Co. d/b/a AboutFW Car& Limousine Services complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
About DFW Co. d/b/a AboutFW Car & Limousine Services (Company)was granted operating authority for
five limousines on June 8, 2010 (M&C G-16943), Ordinance No. 19165-06-2010). The initial operating
authority was for a period of three years. On June 7, 2013, the Company submitted a renewal application
seeking to operate four 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: 20ABOUT DFW CO. Page 1 of 2
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.
The potential annual revenues from the collection of applicable fees, under Chapter 34, is estimated to be
in the amount of$350.00.
FISCAL INFORMATION I 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 Fu nd/Accou nt/C enters
GG01 421352 0201002 $350.00
CERTIFICATIONS:
Submitted for City Manager's Office by- Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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