HomeMy WebLinkAboutOrdinance 20868-08-2013 ORDINANCE NO. 20868-08-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO AMERICAN FERNANDO TRANSPORTATION 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 TWO (2) 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 AMERICAN
FERNANDO TRANSPORTATION; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted AMERICAN FERNANDO
TRANSPORTATION the authority to operate a limousine service on the public streets, alleys,
and thoroughfares of the City; and,
WHEREAS, AMERICAN FERNANDO TRANSPORTATION 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 AMERICAN FERNANDO TRANSPORTATION; 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 AMERICAN FERNANDO TRANSPORTATION has performed
satisfactorily under the terms of its operating authority;
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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;
3. That AMERICAN FERNANDO TRANSPORTATION is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of TWO (2) 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 AMERICAN FERNANDO TRANSPORTATION 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. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of TWO (2) LIMOUSINES by AMERICAN FERNANDO
TRANSPORTATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS:
SECTION 1.
That AMERICAN FERNANDO TRANSPORTATION, a LIMITED
PARTNERSHIP, with its principal local place of business and its headquarters in FORT
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WORTH, 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 TWO (2) LIMOUSINES for a one year period beginning on
the effective date.
SECTION 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, 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,
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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 tire 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 lights
granted under this ordinance, the City reserves the night to cancel or other-wise 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.
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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 8.
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.
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 t I.
That 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
(1986), as amended.
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SECTION 12.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter I 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 lit-nits, 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.
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SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by AMERICAN FERNANDO TRANSPORTATION and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney y - K a ty 4cretary
ADOPTED: August 20, 20113
fi
EFFECTIVE:
ACCEPTED BY:
AMERICAN FERNANDO
TRANSPORTATION
"j,
By
A General Partner
DATE:
Ordinance No.20868-08-2013
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Ground Transportation Coordinator Findin2 Factors
Under Section 34-27l, subsection(h) iu determining whether ornot t* recommend the renewal of
ATuohog operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has performed satisfactorily under the terms uf the operating authority;
(28 The service continues to be necessary and desirable; and
LH The holder continues W comply with all requirements ofthis
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved'.on 8/20/2013 - Ordinance No. 20868-08-2013,
DATE: Tuesday, August 20, 2013 REFERENCE NO.: **G-17976
LOG NAME: 20AMERICAN FERNANDO TRANS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of American
Fernando Transportation to Operate Two 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. American Fernando Transportation 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. American Fernando Transportation 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
two limousines by American Fernando Transportation and;
2. Adopt the attached ordinance granting American Fernando Transportation authority to operate two
limousines on City streets, alleys and thoroughfares for a one-year period subject to and conditioned
on American Fernando Transportation complying with all requirements of Chapter 34, Article VI of the
Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
American Fernando Transportation (Company) was granted operating authority for two limousines on July
10, 2012 (M&C G-17621, Ordinance No. 20258-07-2012). The initial operating authority was for a period
of one-year. On July 22, 2013, the Company submitted a renewal application seeking to operate two
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 Findings Factors are attached to this Mayor
and Council Communication (IVI&C) and are incorporated into this M&C for all purposes.
Lognarne: 20AMERICAN FERNANDO TRANS Page I 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$250.00.
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 $250.00
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: 20AMERICAN FERNANDO TRANS Page 2 of 2