HomeMy WebLinkAboutOrdinance 20838-08-2013 ORDINANCE NO. 20838-08-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF
OPERATING AUTHORITY TO EMBARQUE DALLAS,
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 TWENTY
(20) 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 EMBARQUE DALLAS,
INC.; PROVIDING FOR PUBL.,ICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted EMBARQUE
DALLAS, INC. the authority to operate a limousine service on the public streets, alleys,
and thoroughfares of the City; and,
WHEREAS, EMBARQUE DALLAS, 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 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 EMBARQUE DALLAS, 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. EMBARQUE DALLAS, INC. 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. EMBARQUE DALLAS, INC. is qualified and financially able to
efficiently conduct such business to render such service to the public,
consisting of the operation of TWENTY (20) LIMOUSINES upon the
public streets, alleys and thoroughfares of the City of Fort Worth for a one
EMBARQUE DALLAS,INC. Ordinance No.20838-08-2013
Operating Authority Ordinance(Renewal) Pagel of 5
(1) year period beginning uo the effective date, which ohuj| be upon
acceptance hythe grantee and completion of the publication requirement
as determined by Chapter }<XJ/, Sczdou 2 of the Charter of the City of
Fort Worth and Section 34-205of the City Code ofOrdinances;
4. EM]0A0iQ\UE D/k&~8~AS, INC. continues to onu2p\y with the
requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended, and any violations thereof will ncuu|i in the
imposition mf penalties uu provided by Section 34'228of the City Code nf
Ordinances; and,
5. The general welfare of the odizcox of Fort VVodb will best he served by
the continued operation of 1[WDN1[Y (20) LIMOUSINES by
EMB/kRKo0E DALLAS, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,TEXAS THAT:
SECTION U.
EMBARQ0E DALLAS, INC., a CORPORATION with its pduoipui local
place of business iu DALLAS, DALLAS COUNTY, TEXAS, and its headquarters in
WASUING][ON^ D]S1[RlC1[ OF COLUMBIA, hereinafter referred to as "Company,"
in hereby granted operating authority 10 use the present and {hiurc mbcctu" alleys and
public thoroughfares of the City ofFort Worth, Texas, in its business of providing public
limousine service vvdbio the said City's municipal iinoib with l[W|KN1[Y (20)
LIMOUSINES for u one year period beginning oothe effective date.
SECTION 2,
The findings and recitations contained in the pn:orublc hereof are expressly
incorporated into and made a part of this ordinance as the findings of the City Council.
SECTION 3.
The Company, uu holder ufthe grant, and the Cnrnpuuy`x operations hereunder,
abu|| he governed at all 6nneu by the provisions ofstate and federal |up/n and regulations
and Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 4.
The authority herein granted abuU be and runnuio subject to said Company's full,
complete, and satisfactory continuing compliance with all federal, state, and |oou| lux/a
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 VVodb, Texas (1986), as
ex8eAKVUE DALLAS,|NL Ordinance No.20838-09-2013
Operating Authority Ordinance(xenvwo0 Page 2^f5
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.
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.
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.
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.
EMBARQUE DALLAS,INC. Ordinance No.20 838-08-2013
Operating Authority Ordinance(Renewal) Page 3 of 5
SECTION 9.
Pursuant k) Chapter 34of the Code of the City of Fort Worth, Texas, (}9@6), uu
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 Lvuood of the City of Fort Worth, nor aba|| the Company sell, transfer, assign,
or otherwise encumber its limousine operation without the consent of the Fort VVortbCity
Council,
SECTION 10.
Nothing herein contained xbu|| be held or construed to cnu[oc upon the Company
exclusive rights oc privileges Vf any nature whatsoever.
SECTION 18'
Any suspension or revocation of the privileges granted herein may be
accomplished tinder the applicable provisions of Chapter 34 of the Code of the City of
Fort Worth, Texas (l906), usamended.
SECTION 12.
The tenow 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 lVndb, Texas (1986), as
amended.
SECTION 13,
The provisions of this ordinance shall bn and are hereby declared |obncumulative
of all provisions of the Code of the City of Fort Worth, Texas (1986), as amended, with
ruapoo[ to the regulation and operation of public limousine set-vice within the City's
municipal limits, and, in the ovrm( of conflict hoLwoco the provisions of this onJi000uu
and such Code, the provisions of the City Code shall govern and prevail.
SECTION 14.
A penalty may bc imposed for violations of this ordinance in on axnountuot to
exceed five hundred dollars ($500.00). Each day that u violation exists nbo|| constitute a
separate offense. Any violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
After adoption of this ordinance, Coouyuoy shall pay all required tees and file
with the City Secretary vvhMeo uoonpta000 of the terms and provisions boroo[ Such
acceptance of and agreement to the provisions of this ordinance and grant shall be
EMuxROoc DALLAS, INC. Ordinance No.20838-08-2013
Operating Authority Ordinance(x=^cwu|) Page 4o[s
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 17.
This ordinance shall take effect upon adoption; acceptance of the grant and
payment of the fee by EMBARQUE DALLAS, INC. and publication as required by
law,
APPROVED AS TO FORM AND LEGALITY:
44/
Assistant City Attorney Mary J. K;6yA1'1 Ci SoPeretary
ADOPTED: August 6, 2013
EFFECTIVE:
Mv'/;u�
ACCEPTED BY:
EMBARQUE DALLAS, INC.
DATE:
EMBARQUE DALLAS,INC. Ordinance No.20838-08-2013
Operating Authority Ordinance(Renewal) Page 5 of 5
Ground Transportation Coordinator Finding Factors
Under Section 34-271, subsection(b) in determining whether or not to reconnnend the renewal of
granting operating uudu`6/y, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has performed aatiofauori1y under the terms of the operating authority;
(2) The setviueprovided continues to 6e necessary arid desirable; and
(}) The holder continues to comply with all requirements oftbinchapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 816/2013 • Ordinance No. 20838-08-2013
DATE: Tuesday, August 06, 2013 REFERENCE NO.: **G-17955
LOG NAME: 20EMBARQUE DALLAS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Embarque
Dallas, Inc., to Operate Twenty 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. Embarque Dallas, Inc., 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. Embarque Dallas, Inc., 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
twenty limousines by Embarque Dallas, Inc., and
2. Adopt the attached ordinance granting Embarque Dallas, Inc., authority to operate twenty limousines
on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on Embarque
Dallas, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
Embarque Dallas, Inc., (Company)was granted operating authority for twenty limousines on June 8, 2010
(M&C G-16944, Ordinance No. 19166-06-2010), The initial operating authority was for a period of three-
years. On July 11, 2013, the Company submitted a renewal application seeking to operate 20 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.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 20Embarque Dallas Page l of 2
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$1,150.00.
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
GGOI 421352 0201002 $1,150.00
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: 20Embarque Dallas Page 2 of 2