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HomeMy WebLinkAboutOrdinance 16299-02-2005ORDINANCE No. I - ~`~~ - AN ORDINANCE GRANTING TO JET-TAXI, INC. THE PRIVILEGE T® USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TEN LIMOUSINES FOR A PERIOD BEGINNING ON MARCH 8, 2gg5, AND ENDING ON MARCH 7, 2g10; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY JET-TAXI, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jet-Tax Inc. {"Jet-Taxi") has applied for the privilege to furnish limousine service an the public streets, alleys and thoroughfares of the City; and WHEREAS, the City of Fort Worth, pursuant to Section 34M204 of the Code of the City of Fort Worth (~ 986), as amended, has made inquiry and investigation into the application of Jet-Taxi, and WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts made available to it, the City Gouncil Ends: 1. That the public necessity and convenience require the operation in the City of Fart Worth of ten (10) limousines by Jet-Taxi; 2. That Jet-Taxi is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of ten limousines upon the public streets, alleys and thoroughfares of the City of Fort Worth for the period beginning on March 8, 2005 and expiring on March 7, 2010; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of ten limousines by Jet-Taxi; and 4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, have been complied with by Jet-Taxi; NOW, THEREFORE, BE IT OROAINEI] BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1 SECTI®N 1. That Jet-Taxi, Incorporated, with its principal place of business and its headquarters in the City of Dallas, Dallas County, Texas, hereinafter referred to as "Company", is hereby granted the privilege 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 ten (10) limousines for the period beginning March 8, 2005 and expiring March 7, 2010. SECTI®N 2. That 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. 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 (1980}, as amended. SECTI®N 4. That the privilege herein granted shall be and remain subject to said Company's fiull, complete and satisfactory continuing compliance with all federal, state and local laws and ordinances, including but not limited to the Charter ofi 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 maybe 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 t=ort 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 z Worth, its offcers, agents, and employees, from and against any and ail claims or suits, expense or liability, for any and all property damage ar loss and/or personal injury, including death, to any and all persons, of whatsoever kind ar character, arising out of or in connection with any acts ar omissions by Company, its officers, agents, employees, drivers, licensees, invitees and passengers, in the exercise of the privileges granted herein; and Company shall assume all liability and responsibility far 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 which further regulate the operation of the Company's service within the City of Fort Worth, including the amount of street rental 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. 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 ordinance shall supersede the terms and conditions of this ordinance to the extent they are in conflict. SECTI®N 7. That the Company acknowledges that payment of an annual "street rental" fee, as specified in Chapter 34 of the Code of the City of Fart Worth, Texas (1986), as amended, is a requisite to exercising the privileges granted herein. SECTION 8. That the Company shall be obligated to discharge any claim or judgment against it finally established by law, and the failure so to da for a period of one hundred eighty (18D}days shall, ipso facto, terminate all authority under this grant. 3 SECTION 9. That pursuant to Chapter 34 of the Code of the City of Fart Worth, Texas, (1956}, as amended, the Company shall not sell, convey or transfer this grant of privilege to any other person, f rm or corporation without the prior formal cansent and approval of the City Council of the City of Fort Worth, nor shall it sell, transfer, assign or otherwise encumber its limousine operation without the cansent of the City Council of the City of Fort Worth. 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 Fart Worth, Texas {1956), 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 (1956), as amended. SECTI®N 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 Fart 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. 4 SECTION 14, That within ten (10) days after adoption of this ordinance, Company shall 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 15, That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. APPROVED AS TO FORM AND ~.EGALITY: ASSISTAN~~T/CITY ATTORNEY DATE: ~`"7 Z - ~C,~ S°--_ ADOPTED: 2-~2-- EFFECTIVE: ~ ACCEPTED f3Y: JET-Te4Xl, INC. ___~ r'""~- Date: ~`~ __ _ ~....`""~_ .-. C.~ ~ 5 City ®~' F®~rt VV'®rf~, l~exa~ Mayor and Council Communication COUNCIL ACTION: Appro~red on 212212fl05 - Ordinance No. 16299-a2-2~g5 DATE: Tuesday, February 22, 2005 LOG NAME: 3$JET LIMO REFERENCE NO.: '~*G-14685 SUBJECT": Consideration of Application and Adoption of Ordinance Authorizing Jet-Taxi, lnc. Limousine and Shuttle to Operate Ten Limousines within the City of Fart Worth RECOMMEN©ATION: It is recommended that the City Council: 1. Consider and adopt the findings and opinions of the City s#aff as presented herein; 2. Find that the public necessity and convenience requires the operation of ten limousines upon city streets, alleys and thoroughfares; and 3. Adapt the attached ordinance granting privilege to Jet-Taxi, Inc. Limousine and Shuttle (Corporation}, fora period of five years beginning March 8, 2005 and ending March 7, 2010 and authorizing the operation of ten limousines upon city streets, such ordinance being subject to and conditioned upon Jet-Taxi, Inc., limousine and Shuttle complying with all requirements of Article lV, Chapter 34, of the Cade of the City of Fort Worth {2003), as amerided. ©ISCUSSION: On January 3, 2005, Jet-Taxi, Inc. Limousine and Shuttle (Corporation) submitted an application to the City to operate a limousine service within the City of Fort Worth. In considering the Company's application, the City Council, pursuant to Section 34-204 of the City Code, must determine whether or not the public necessity and convenience require the operation of such vehicles for hire; whether or not the applicant is qualified and financially able to efficiently conduct such business; and to render such service to the public. In determining whether nr not the grant should be made, the City Council shall consider, among other things, the fallowing items: 1. 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 nr damage to property resulting from operation of a limousine service; 3. The character and condition of the limousines to be used; 4. If the applicant is a corporation, the qualification of the officers, directors and persons with economic interest that are making such application and each of the above-enumerated items as applied to each of the stockholders, officers and directors; La~~a~~: ~ s~ET Lido ~~g~ ~ a~ a 5. The character and past record of the applicant and if the applicant be a corporation of its officers, directors and stockholders; and 6. Such other information as presented during a public hearing that may bear on the public need and necessity. In making its findings, the City Council may also consider as evidence, the findings and opinions of the City staff authorized to investigate the subject application. In this regard, the following are the findings and opinions of the City staff derived from a review of the Company's application and from the City staffs independent investigation: a) The Company is qualified and financially able to conduct a limousine service within the City; b} The Company has complied with the requirements of Chapter 34 of the City Cade; c} The Company presented facts supporting the compelling demand and necessity for ten limousines; and d) The general welfare of the citizens of the City will best be served by the addition of ten limousines upon City streets. The potential revenue from the collection of applicable fees, as authorized in Chapter 34, is estimated at $2,000 annually. FISCAL WFORMATIONICERTIFiCAT1ON: The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees due to the City. TO FundlAccountlCenters FROM FundlAccountlCenters ~ca~ 4z~s~z a~~4a~a z nnn.on S~Eannitted for City Manager`s Office bk Richard Zavala (Acting) (6222) Ori inatin De artment F~ead: Elsa Paniagua (6711) AdcCitional Information Contact: Elsa Paniagua (6711) Lognazne: 38JET LIMO Page 2 of 2