HomeMy WebLinkAboutOrdinance 20840-08-2013 ORDINANCE NO. 20840-08-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO SIMPLE YES CORP d/b/a FEDERAL LIMO, 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 EIGHT (8) 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 SIMPLE YES, CORP. d/b/a FEDERAL LIMO;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, SIMPLE YES CORP d/b/a FEDERAL LIMO, 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 SIMPLE YES
CORP d/b/a FEDERAL LIMO; 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 EIGHT (8)
LIMOUSINES in the City of Fort Worth;
2. SIMPLE YES CORP d/b/a FEDERAL LIMO is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of the
operation of EIGHT (8) 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;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
EIGHT (8) LIMOUSINES by SIMPLE YES CORP d/b/a FEDERAL LIMO; 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 SIMPLE YES CORP d/b/a FEDERAL LIMO
SIMPLE YES CORP d/b/a FEDERAL,LIMO Ordinance No. 20840-08-2013
Initial Operating Authority Page I of 5
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and any 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.
SIMPLE YES CORP d[b/a FEDERAL LIMO, a CORPORATION, with its principal 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
within the said City's municipal limits with EIGHT (8) 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
SIMPLE YES CORP d/b/a FEDERAL LIMO Ordinance No. 20840-08-2013
Initial Operating Authority Page 2 of 5
iodeozuif«, hold harmless and defend the City ofFort Worth, its officers, agents, and ccup|oycce, from
and against any and all claims or suits, expense or liability, for any and all property damage or loss
and/or pxrmoou| injury, including death, in any and all persons, of whatsoever kind or oborouior, udsing
out of or in connection with any ncim oroozimmioum by Company, its officers, ngeuts' employees, drivers,
|iouuncca, 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 uckoovv|c6oen that during the term ofthis
ordinance and grant, the City of Pod Worth may adopt such nndiouucem that Godhsr regulate the
operation of the Company's service v/i[biu the City of Fort Worth, including the amount of fees 10 be
paid; and that upon the adoption tborcof, the Cnrupuoy mbu\1 begin nouduodo8 its opczuiiooa in
compliance with the provisions of such ordinances. Further, should the City later adopt uoordinance
that would change the nature of the riobLm granted under this ordi000nc` the oih/ reserves the right to
cancel or otherwise modify any and all rights granted under this ordinance and issue o new BTou< 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 (1900), as amended. In the event the (coom 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 ioconflict.
SECTION 7.
The Company acknowledges that payment ofrequired fees, as specified iu Chapter 34ofthe
Code of the City ofFort Worth, Texas (1986), as amended, is u requisite to exercising the privileges
granted herein.
SECTION 8.
The Cnnupuuy abuU he obligated to discharge any o1uiru or judgment against it Goul|y
established by ]uvv, and the tbi|uzn to do so for u period of one hundred eighty (180) days mbu||, ipso
{boio` terminate all authority under this grant.
SlMyLBYES CORP d/h/uFEDERAL LlDJ0 Ordinance No. 20840'08'2013
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SECTION 9'
Pursuant k/ Chapter 34 0f the Code ofthe City ofFort Worth, Texas, (1006)` as amended, the
Company shall not meiL convey or transfer this grout of operating authority to any other person, fion or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
nor shall the Company uc1|` transfer, assign orotherwise encumber its |i000uaioc operation without the
consent of the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall he held or construed to confer upon the Company exclusive
ncbtoor privileges ot any nature whatsoever.
SECTION 11.
A-ny 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 tomonond provisions of this ordinance are severable and shall bc governed hy Section 1-5 of
Chapter of the Code of the City of Fort Worth, Texas (l986)` anamended.
SECTION 13'
The provisions of this ordinance mhuU be and are hereby declared to be ounuuludvs of all
provisions of the Code of the City of Fort Worth, Texas (1906)` as oronudcd, 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.
}\ penalty may be imposed for violations of this ordinance in no amount not to cxm:od five
hundred dollars ($500.00). Each day that o violation exists ahoi) constitute e separate offense. Any
violation of this ordinance shall hou class Cmisdemeanor.
SIMPLE YES CORP d/b/aFEDERAL LIMO Ordinance No. 2O84U'08-20\3
Initial Operating Authority Page 4of5
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 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 SIMPLE YES CORP d/b/a FEDERAL LIMO, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
M
Assistant City Attorney Mary J. cretary
ADOPTED: August 6, 2013
EFFECTIVE:
ACCEPTED BY:
'I"'
SIMPL., S CORP d1b/a FEDERAL LIMO
el
SIMPLE YES CORP d/b/a FEDERAL IAMO Ordinance No. 20840-08-2013
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Ground Transportation Coordinator Fiadinf,,Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
L 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 set-vice and ability to respond to claims
or judgments arising by reason of business operations, injury to persons, or damage to property
resulting from operation of a limousine service;
3. The character and condition of the vehicles to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers,directors,
members and persons with economic interest making such application and each of the above-
numbered items as applied to each of the stockholders, officers, members and directors;
5. The applicant's character and past record and, if the applicant is a corporation or other business
entity, that of its officers,members and stockholders; and
6. Such other information 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 8/6/2018 - Ordinance No. 20840-08-2013
DATE: Tuesday, August 06, 2013 REFERENCE NO.: **G-17957
LOG NAME: 20SIMPLE YES CORP
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Simple Yes Corp
d/b/a Federal Limo to Operate Eight 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 eight limousines upon the City
streets, alleys and thoroughfares;
b. Simple Yes Corp d/b/a Federal Limo, is qualified and financially able to conduct a limousine service
within the City;
c. Simple Yes Corp d/b/a Federal Lima, has complied with the requirements of Chapter 34 of the
City Code;
d. Simple Yes Corp d/b/a Federal Lima, presented facts in support of compelling demand and
necessity for eight limousines;
e. The general welfare of the citizens of the City will best be served by the addition of eight
limousines upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Simple Yes Corp d/b/a Federal Limo, operating authority for
eight limousines on City streets for a one-year period subject to and conditioned on Simple Yes Corp d/b/a
Federal Limo, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
DISCUSSION:
On July 15, 2013, Simple Yes Corp d/b/a Federal Limo submitted an application requesting authority to
operate eight 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 (IVI&C) and are incorporated into this M&C for all purposes.
Logname: 20SIMPLE YES CORP 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$550.00.
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 $550.00
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: 20SIMPLE YES CORP Page 2 of 2