HomeMy WebLinkAboutOrdinance 20956-09-2013 ORDINANCE NO. 20956-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO A+ 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 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 A+ LIMOUSINE INC.; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, A+ 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
A+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:
1. The public necessity and convenience require the operation of TWO (2) LIMOUSINES
in the City of Fort Worth;
2. A+ LIMOUSINE INC, 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 Port Worth and Section 34-205
of the Code of the City of Fort Worth,Texas (1986), as amended;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
TWO (2)LIMOUSINES by A+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 A+ LIMOUSINE INC. and any violations
thereof will result in the imposition of penalties as provided by Section 34-228 of the
Code of the City of Fort Worth,Texas(1986),as amended.
Ordinance No.20956-09-2013
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NOW, THEREFORE, BEKK ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORTW0RTQ,1[0XAS THAT:
SECTION 1.
A+ LIMOUSINE INC., a CORPORATION, with its principal place o[ business and its
headquarters in ARLINGTON, TAR*ANT COUNTY, TEXAS hereinafter referred to as "Company,"
is hereby granted operating authority to use the present and future streets, oUnya and public thoroughfares
of the City of Fort VVouk` Texas, in its business of providing poh|io 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,
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made u part of this ordinance usthe findings o[the City Council.
SECTION 3.
The Company, ao holder ofthe grant, and the Company's operations hereunder, shall 6ogoverned
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(l986), uxamended.
SECTION 4.
The authority herein granted xbai) be and rcnneio 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 VVodb, and all n:\evoot 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 uxyumca no liability or responsibility in
making this g/uot, and that by uuoentuoue of this ordinance and grant, Company hereby agrees to
ioduonniG/, hold boon|oxy and defend the City ofFort Worth, its offioem' agents, and employees, from and
against any and all o\uimm or *ui\x' expense ocliability, for any and all property dunougo or |oao and/or
personal injury, iooiudiugduath. touuyuodaUpemoom` ofvvbutmooverkindorckamotor. udsiugoutufoc
in connection with any acts or omissions by Company, its officers, ugcotx` employees, drivers, 1ionuoeom,
Ordinance No. 2O956-OV'2O|3
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invitees and passengers, in the exercise of the authority g7un1ed herein; and Company abuU assume all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations o6aU be and remain subject
at all iinnem to such reasonable regulation by the City uu is or may 6c necessary ioprotect the interests of
the Aonuru| public. As such, the Company understands and acknowledges that during the 1enu of this
ordinance and grant, the City n[Fort Worth may adopt such ordinances that further regulate the operation
of the Company's service within the City ofFort Worth, including the amount of fees tobo paid; and that
upon the adoption thereof, the Company shall begin conducting its operations iu compliance with the
provisions of such ordinances. Fuo6er, should the City later adopt an ordinance that would obooge the
ou|nze of the nights granted under this uzdiouoce, the city reserves the light (o cancel ocotherwise modify
any and all rights granted under this ordinance and issue new gmu1 of operating authority, ux long ox
Cnnopuoy is not in violation of any provision of Chapter 34 of the Code of the City of Fort Worth,Texas
(1986), as amended. Ln the event the iennx 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 ro the extent they are iuconflict.
SECTION 7.
The Company acknowledges that payment of required feeo, an specified ill Chapter 34 of the
Code of the City of Fort Worth, Yoxuo (1986), as amended, is a requisite to exercising the privileges
granted herein.
SECTION 8.
The Company ubu|| be obligated to discharge any dubnorjudgoeo1 against it fiuuUy om\ub)iubud
b9 law, and the failure to do so for a period of one hundred eighty (180) days shall, ipso facto, terminate
all uu\bobty tinder this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City o[Fort Worth, Texas, (1986), as amended, the
Company wbu\l not o6|, convey or /ruua(er tbix grant of operating ou,budty to any o\bcc perunu. Gou or
corporation without the prior fuonul consent and approval of the City Council of the City of Fort YVonb,
nor shall the Company sell, transfer, assign orotherwise encumber its limousine operation without the
consent o[the Foil Worth City Council.
Ordinance No. 20956'O9'2Ol]
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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 1-5 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 he 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
Ordinance No. 20956-09-2013
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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 Code of the City of Fort Worth,Texas(1986), as amended.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
A+LIMOUSINE INC.,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY MAry J.Kayser
CITY
ADOPTED: September 24, 2013
eoj
-1
EFFECTIVE: 2
ACCEPTED BY:
A+LIMOUSINE INC.
Printed Name
Signature
Title
DATE: xe,
Ordinance No. 20956-09-2013
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...........
Ground Transportation Coordinator Fbidim,,Factors
Under Section 34-204, in determining whether m not m recommend the granting ofoperating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
L. Probable ye000ueocy and quality of the service offered by the applicant, the npp|iouufx
experience in ,cododng such service in the City orsiod|oz service elsewhere and the applicant's
past record and experience in adjusting claims and paying judgments,if any, to claimants;
2. The applicant's fiouocinlability to provide the described service and ability tn respond to claims
or judgments arising by reason of business operations, injury to 1-.)ersons, or d2mage to property
resulting from operation of limousine service;
3. The character and condition of the vehicles oubrused;
4. If the applicant is 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 oE the stockholders,officers, members and directors;
5. The applicant's character and past record and, if the applicant isu corporation or other business
entity, that of its offiocru'members and stockholders;and
6. Such other information as presented during any Public hearing that may boa/ on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved:on 9/24/2013 - Ordinance No. 20956-09-2013;
DATE: Tuesday, September 24, 2013 REFERENCE NO.: **G-18012
LOG NAME: 20A+ LIMOUSINE, INC.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of A+ Limousine Inc. 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. The public necessity and convenience require the operation of two limousines upon the City
streets, alleys and thoroughfares;
b. A+ Limousine Inc. is qualified and financially able to conduct a limousine service within the City;
c. A+ Limousine Inc. has complied with the requirements of Chapter 34 of the City Code;
d. A+ Limousine Inc, presented facts in support of compelling demand and necessity for
two limousines;
e. The general welfare of the citizens of the City will best be served by the addition of two
limousines upon City streets, alleys and thoroughfares; and:
2. Adopt the attached ordinance granting A+ Limousine Inc. operating authority for two limousines
on City streets for a one-year period subject to and conditioned on A+ Limousine Inc. complying
with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth, Texas (1986),
as amended.
DISCUSSION:
On September 3, 2013, A+ Limousine Inc. (Company) submitted an application requesting authority 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 34-204, 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: 20A+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 34-2O5nf the Code ofOrdinances.
The potential annual revenues from the collection of applicable haea under Chapter 34, is estimated to be
in the amount nf$25UOO.
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 $250.0
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas VV. VWensig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20A+ LIMOUSINE, INC. Page 2 of 2