HomeMy WebLinkAboutOrdinance 20839-08-2013 ORDINANCE NO. 20839-08-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO SHARON LIMOUSINE, 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 THREE (3) 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 SHARON LIMOUSINE,
INC.; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, SHARON LIMOUSINE, 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
SHARON LIMOUSINE, 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:
I The public necessity and convenience require the operation of THREE (3)
LIMOUSINES in the City of Foil Worth;
2. SHARON LIMOUSINE, INC. is qualified and financially able to efficiently
conduct such business to render such service to the public, consisting of the
operation of THREE (3) LIMOUSINES upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a one (1) year period; begin-ling 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 THREE (3) LIMOUSINES by SHARON LIMOUSINE, INC.; and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986),
as amended, have been complied with by SHARON LIMOUSINE, INC. and any
SHARON LIMOUSINE, INC. Ordinance No,20839-08-2013
Initial Operating Authority Page I of 5
violations thereof will result in the imposition of penalties as provided by Section
34-228 of the City Code of Ordinances.
NOW, "THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS THAT:
SECTION 1.
SHARON LIMOUSINE, INC., a CORPORATION, with its principal place of business
and its headquarters in GRAPEVINE, TARRANT 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 THREE (3) 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.
SECTION 3.
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 (1986), as amended.
SECTION 4.
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 (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.
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
SHARON LIMOUSINE,INC. Ordinance No.20839-08-2013
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whatsoever kind or oburuckr, mrlioiog out of or in connection with any acts or onuiaaioow by
[onupaoy, 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 utall bozeu to such reasonable regulation hy the City am in 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
ncgu)uie 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 ahoU begin conducting
its operations in oocup1iuooe with the provisions of such ordinances. Further, should the City later
adopt au ordinance that would change the nature of the rights granted under this ordinance, the city
n:aocvca the night to cancel oc otherwise modify any and all dubta granted under this ordinance and
issue u new grant of operating authority, as long as Cnropuoy is not in violation of any provision of
Chapter 34of the Code o[the City of Fort Worth, Texas (l980), 00amended. |o the event the tonno
and conditions of this ordinance are in conflict with the provisions nf any such ordinance adopted
by the City, the provisions of such later-adopted ordinance shall supersede the terms and conditions
uf this ordinance|o the extent they are ioconflict.
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 mbd| be obligated to discharge any claim or judgment against it Goui\y
cutoh)iebcd by law, and the failure in do so for u period of one hundred eighty (180) days nha|\' ipso
facto, tcnmiuute all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City ofFort Worth, Texas, (1980)` as unonodcd,
the Company shall not sell, convey or transfer this grant of operating authority to any other person,
finooc corporation without the prior formal consent and approval of the City Council mf the City nf
Fort Worth, nor xhu)| the Company sell, huooter` onnigu or otherwise 000urohcr its iirooumiuo
operation without the consent nfthe Fort Worth City Council.
SHARON LIMOUSINE,INC. Ordinance No. 208]9'08'20|3
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SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive
rights or privileges of any nature whatsoever.
SECTION 11.
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.
The terms and provisions of this ordinance are severable and shall be governed by Section I-
5 of Chapter I of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 13.
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.
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 Govertiment Code; Chapter XXV of the
Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
SHARON LIMOUSINE,INC. Ordinance No. 20839-08-2013
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SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the
fee by SHARON LIMOUSINE, INC.,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney Slary J. Koy eiV Sec atary
ADOPTED: Au st 6 2013
EFFECTIVE:
ACCEPTED BY:
S7
:'N
, LlMOUSINE, I"NC.
Zry
DATE:
SHARON LIMOUSINE,INC. Ordinance No. 20839-08-2013
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Ground Transportation Coordinator Findim!Factors
Under 8ou600 34-204 in determining whether r not co�noo6 � u� of
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
l. Probable neooaneocy and quality of the omricu offered by the applicant, the applicant's
eupodouoe in rendering such service in the City or similar service doowbore and the applicant's
past record and experience iu adjusting claims and paying judgments, if any, toclaimants;
2. 'rho applicant's fiouooiul ability to provide the described service and uhJi,y to respond to claims
or judgments arising by reason o[business operations, injury topersons, or damage to property
resulting from operation of limousine service;
3. The character and condition of the vehicles tobcunod-
.
4. If the applicant iaa corporation wr other business entity, the qualification o[the officers,directors,
members and persons with economic interest making such application and each nfthe above-
numbered items as applied to each of the stockholders, officers,members arid directors;
5. Ibe applicant's character and past record ood, if the applicant is u corporation or other business
entity, that of its officers,members and stockholders;and
6. Such other iofonnudoo 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 on 8/6/2013 - Ordinance No, 20839-08-2013
DATE: Tuesday, August 06, 2013 REFERENCE NO.: ""G-17956
LOG NAME: 20SHARON LIMOUSINE, INC.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Sharon Limousine,
Inc., to Operate Three 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. The public necessity and convenience require the operation of three limousines upon the City
streets, alleys and thoroughfares;
b. Sharon Limousine, Inc., is qualified and financially able to conduct a limousine service
within the City;
c. Sharon Limousine, Inc., has complied with the requirements of Chapter 34 of the City Code;
d. Sharon Limousine, Inc., presented facts in support of compelling demand and necessity for
three limousines;
e. The general welfare of the citizens of the City will best be served by the addition of three limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Sharon Limousine, Inc., operating authority for three limousines
on City streets for a one-year period subject to and conditioned on Sharon Limousine, Inc., complying with
all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On July 16, 2013, Sharon Limousine, Inc., submitted an application requesting authority to operate three
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 34-204, 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
Logname: 20SHARON LIMOUSINE, INC. Page I 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$300.00.
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
GG01 421352 0201002 $300.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Lognarne: 20SHARON LIMOUSINE, INC. Page 2 of 2