HomeMy WebLinkAboutOrdinance 20935-09-2013 ORDINANCE NO. 20935-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO AGENCY LC GROUP, 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 THREE (3) LIMOUSINES FOR A ONE (I) 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 AGENCY LC GROUP, INC.; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted AGENCY LC GROUP, INC. the
authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, AGENCY LC GROUP, 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
AGENCY LC GROUP, INC.; arid,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
I That AGENCY LC GROUP, 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 AGENCY LC GROUP, INC. 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;
4. That AGENCY LC GROUP, 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 of penalties as provided by Section 34-228
of the City Code of Ordinances; and,
Ordinance No.20935-09-2013
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5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of THREE (3) LIMOUSINES by AGENCY LC GROUP, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
AGENCY LC GROUP, INC., a CORPORATION, with its principal local place of business
and its headquarters in FORT WORTH, TARRANTCOUNTY, 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, 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 harmless and defend the City of Fort Worth, its officers, agents, and employees, from and
Ordinance No.20935-09-2013
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against any and all c|oium or suits, expense or liability, for any and all property damage or |nxa arid/or
personal injury, iududio& dea(h, to any and all persons, of whatsoever kind or character, adsing out o[or
io connection with any acts nr omissions kv Company, its officers, ogonto' eop|oyooa, ddvom` liccumeem,
invitees and passengers, in the exercise of the uoUznb\y granted herein; and Company shall uuaunuc all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property, and operations shall heand remain muhimt
at all times to such reasonable regulation by the City ao ioormay be necessary io protect the interests of
the general public. As such, the Company understands and acknowledges that during the term ofthis
ordinance and grant, the City of Fort Worth may adopt such ordinances that further regulate the operation
o[the Company's service within the City o[Fort Worth, including the amount offees to be paid; and that
upon the adoption (boroo[ the Company ebuli begin conducting its operations in compliance with the
provisions u[ such ordinances. Further, should the City later adopt an ordinance that would change the
nature n[the fights granted under this ordinance, the City reserves the right to cancel oc otherwise modify
any and all rights granted under this ordinance and issue o new grant of operating authority, as long as
Company is not iu violation n[any provision of Chapter ]4of 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 iuconflict.
SECTION 7.
The Company acknowledges that yo}noeot of required fees, as specified in Chapter 34 of the
Code of the City of Fort vVndh, Ioxue (1986), as urocudcd, is u requisite to exercising the privileges
granted herein.
SECTION 8.
The Company shall heob|i�ai�diodiocbuc�� aoy �|aboo� 'udgo'oot against dOoaUyestablished
by law, and the failure to do so for period uf one hundred eighty (180) days *bu)\, ipso fizcto, inonriva10
all authority under this grant.
SECTION 9.
Pursuant (o Chapter 34o[the Code o[the City m[Fort Worth, Texas, (1986). as amended, the
Coruyuuy mbu|| not xol[ convey, or transfer this grant of operating authority 1m any other person, Gou, or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
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nor shall the Company ae\L bouafer, assign ur otherwise encumber its limousine operation without the
consent nfthe Fort Worth City Council.
SECTION 11).
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 ucoonnp)inbod 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 of the Code of the City of Fort Worth,Texas(l9G8), uoamended.
SECTION 13.
The provisions of this ordinance obuU be and are hereby declared to be cumulative of all
provisions of the Code of the City of Fort Worth, Tozue (1986), as amended, with respect to the
regulation and operation of public |innooaioe 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 shalt
govern and prevail.
SECTION 14.
/\ penalty may be icnpuocd for violations of this ordinance in an amount not to exceed five
hundred dollars ($500.00). Each day that u violation exists ubo\| constitute u acpuo*cc offense. Any
violation of this ordinance shall bou class Cmisdemeanor.
SECTION 15.
After adoption of this ordinance, Company uba|\ pay all required D:eo and file with the City
Secretary written acceptance of the teoos and provisions hereof. Such acceptance of and agreement tothe
provisions of tNs ordinance and grant shall be evidenced by the signature of the Company's authorized
representative on the fioo| page of this ordinance.
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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
AGENCY LC GROUP, INC. and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY � N6ry'J. K
CITY SE TARY
ADOPTED: 5ppiember 17, 2013
EFFECTIVE:
ACCEPTED BY:
AGENCY LC GROUP, INC.
DATE: 7?
Ordinance No.20935-09-2013
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Ground Transportation Coordinator Findin2 Factors
L]oderSeohoo34'27l, subaeotioo (b) iudeteruioiogwhedbero« uottoreoonunouddbcreoovo| mf
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
tboba}lowiu8 items:
(1) The holder has performed satisfactorily Linder the terms of the operating authority;
(2) The service provided continues to be 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 on 9/17/2013 - Ordinance No. 20935-09-20131:
DATE: Tuesday, September 17, 2013 REFERENCE NO.: **G-17998
LOG NAME: 20AGENCY LC GROUP, INC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Agency LC
Group, Inc., 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. Agency LC Group, 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. Agency LC Group, 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
three limousines by Agency LC Group, Inc.; and
2. Adopt the attached ordinance granting Agency LC Group, Inc., authority to operate three limousines on
City streets, alleys and thoroughfares for a one-year period subject to and conditioned on Agency LC
Group, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
Agency LC Group, Inc. (Company), was granted operating authority for 12 limousines on February 2, 2010
(M&C G-16827, Ordinance No. 19014-02-2010). The initial operating authority was for a period of three
years. On May 1, 2013, the Company submitted a renewal application seeking 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 34-271, 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.
Logname: 20AGENCY LC GROUP, INC 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
0001 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)
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