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HomeMy WebLinkAboutOrdinance 20885-09-2013 ORDINANCE NO.20885-09-2013 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO ALA LIMOUSINE SERVICES, LLC, 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 ALA LIMOUSINE SERVICES, LLC; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ALA LIMOUSINE SERVICES, LLC, 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 ALA LIMOUSINE SERVICES,LLC; 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 THREE (3) LIMOUSINES in the City of Fort Worth; 2. ALA LIMOUSINE SERVICES, LLC 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; 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 THREE(3) LIMOUSINES by ALA LIMOUSINE SERVICES, LLC; 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 ALA LIMOUSINE SERVICES, LLC and any violations thereof will result in the imposition of penalties as provided by Section 34-228 of the City Code of Ordinances. ALA LIMOUSINE SERVICES. 1.1-C Ordinance No. 20885-09-2013 Initial Operating Authority Page 1 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS THAT: SECTION 1. ALA LIMOUSINE SERVICES, LLC, a Limited Liability Company, with its principal place of business and its headquarters in FORT WORTH, TARRANT, 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 whatsoever kind or character, arising out of or in connection with any acts or omissions by Company, its officers, agents, employees, drivers, licensees, ALA LIMOUSINE SERVICES, LLC Ordinance No. 20885-09-2013 Initial Operating Authority Page 2 of 5 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 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 rights granted under this ordinance, the city reserves the right to cancel or otherwise 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. 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 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. 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. ALA LIMOUSINE SERVICES, LLC Ordinance No. 20885-09-2013 Initial Operating Authority Page 3 of 5 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. 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 ALA LIMOUSINE SERVICES, LLC Ordinance No. 20885-09-2013 Initial Operating Authority Page 4 of 5 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 ALA LIMOUSINE SERVICES,LLC,and publication as required by law. APPROVED AS TO FORM AND LEGALITY: (1G L- 1KA-'z ASSISTANT CITY ATTORNEY— MARY J. K, k,­CJ1Y SECRETARY ADOPTED: September 10, 2013 r EFFECTIVE: ACCEPTED BY: ALA LIMOU I SERVICES,LLC l� A DATE: O /,Zg a 5 M tN-�D MA A ALA LIMOUSINE SERVICES, LLC Ordinance No. 20885-09-2013 Initial Operating Authority Page 5 of 5 Ground Transportation Coordinator Finding 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: 1. 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 service 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 9/1012013. - Ordinance No. 20885-09-2013 DATE: Tuesday, September 10, 2013 REFERENCE NO.: **G-17986 LOG NAME: 20ALA LIMO SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding Application of ALA Limousine Services, LLC, 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. ALA Limousine Services, LLC, is qualified and financially able to conduct a limousine service within the City; c. ALA Limousine Services, LLC, has complied with the requirements of Chapter 34 of the City Code; d. ALA Limousine Services, LLC, 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 ALA Limousine Services, LLC, operating authority for three limousines on City streets for a one-year period subject to and conditioned on ALA Limousine Services, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On July 26, 2013, ALA Limousine Services, LLC, 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. Logname: 20ALA LIMO Page 1 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$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) Logname: 20ALA LIMO Page 2 of 2