HomeMy WebLinkAboutOrdinance 20938-09-2013 ORDINANCE NO. 20938-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO GODFATHER TRANS, 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 FIVE (5) 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 GODFATHER TRANS, INC.; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted GODFATHER TRANS, INC. the
authority to operate a limousine service on the public streets,alleys, and thoroughfares of the City; and,
WHEREAS, GODFATHER TRANS, 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
GODFATHER TRANS,INC.; 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 GODFATHER TRANS, INC. has performed satisfactorily under the terms of its
operating authority;
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 GODFATHER TRANS, INC. is qualified and financially able to efficiently
conduct such business to render such service to the public, consisting of the operation of
FIVE (5) 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 GODFATHER TRANS, INC. 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 ot'penalties as provided by Section 34-228
of the City Code of Ordinances; and,
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5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of FIVE (5) LIMOUSINES by GODFATHER TRANS,INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
GODFATHER TRANS, INC., a CORPORATION, with its principal local place of business
and its headquarters in FORT 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 FIVE (5) 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,Texas(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, 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.
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 harm-less and defend the City of Fort Worth, its officers, agents, and employees, from and
Ordinance No.20938-09-2013
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against any and all claims or suits, expense o« liability, for any and all property damage or |cmn and/or
personal injury, including death, to any and all persons, of whatsoever kind oc character, arising out ofor
inoonoecduo with any acts orornimmi000 by Company, its officers, agents, employees, drivers, |iceoo:cm,
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 6tiver . property, arid operations shall be and remain subject
at all times to such reasonable regulation by the City as imoc may bn necessary /o protect the iotr»notn of
the geuom1 public. As moob, the Company uudemiuodo and acknowledges that during the toon of this
ordinance arid grant, the City of Fort Worth may adopt such ordinances that further regulate the operation
of the Company's service within the City"f Fort Worth, including the amount uffees to be paid; and that
upon the adoption thereof, the Company sbo|| begin conducting its operations in compliance with the
provisions of such ordinances. Further, should the City later adopt an ordinance that vvooW change the
nature of the rights granted under this ordinance, the City reserves the right to cancel or otherwise modify
any and all nights granted under this ordinance and issue a new grant *foperating authority, as long as
Company io not io violation *f any provision of Chapter 34of the Code of the City ofFort Worth, Texas
(1986). as amended. lo 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 uf this ordinance to the extent they are inconflict.
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 uouendnd, is a requisite to exercising the privileges
granted herein.
SECT ION 0'
The Company shall be obligated to discharge any claim or judgment against it finally established
by \uvv, and the failure to do »o for m period of one hundred eighty (180) days shall, il)yo /actn. (erodoatn
oU authority under this grant.
SECTION V.
Pursuant to Chapter 34 of the Code of the City of Fort YVmnb, Texas, (1986). as amended, the
Company shall not adi oouvey, or transfer this grant of operating authority to any other person, firm, or
corporation without the prior tocmu} ;ouxeu| ooJoppnnvu\ o[|hoCi|y [ounoi| of|bnCityofyortVVort6.
onuinu^'e No.20938-09-2013
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nor shall the Company sell, transfer, assign, or otherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
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 1-5 of
Chapter 1 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.
Ordinance No.20933-09-2013
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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
GODFATHER TRANS,INC. and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
�S_Ilf"TANT CITY ATTORNEY Mary J. K se
CITY SE KF Y
ADOPTED: September 17, 2413
EFFECTIVE: °
vr
F
ACCEPTED BY:
GODFATHER TRANS, INC.
DATE _ `'` " <'
Ordinance No.20938-09-2013
Page 5 of 5
Ground Transportation Coordinator Finding Factors
Under Section 34-27\. subsection (b) io determining whether nr not w recommend the renewal. of
granting operating authority, the Ground Transportation Coordinator a6uDconsider, among other things,
the following items:
(1) Tho6oNo/kampor-foouudao|iofac{orJyuodor(bc|00000[/6eopura6ogauo6o6ty�
(2) The service provided continues vobe necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and council communication
COUNCIL ACTION Approved can 9/1712013 - Ordinance No. 20938-09-2013
ei Y�lU 2)VVi ®vu l Y//Y///i0/®OFiID11llY lfllllllR!llllldAlfPeJF
DATE: Tuesday, September 17, 2013 REFERENCE NO.: "'"G-18001
LOG NAME: 2000DFATHER TRANS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Godfather
Trans, Inc., to Operate Five 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. Godfather Trans, 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. Godfather Trans, 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 five
limousines by Godfather Trans, Inc., and;
2. Adopt the attached ordinance granting Godfather Trans, Inc., authority to operate five limousines on
City streets, alleys and thoroughfares for a one-year period subject to and conditioned on Godfather
Trans, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
Godfather Trans, Inc., (Company) was granted operating authority for four limousines on September 12,
2010 (M&C G-17034, Ordinance No. 19295-09-2010). The initial operating authority was for a period of
three years. On August 20, 2013, the Company submitted a renewal application seeking to operate five
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: 20Godfatlier Trans Pagel 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$400.00.
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/C enters
GG01 421352 0201002 $400.00
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: 20Godfather Trans Page 2 of 2