HomeMy WebLinkAboutOrdinance 20981-10-2013 ORDINANCE NO. 20981-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BOB K. WILSON d/b/a FIRST RUN LIMOUSINE 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 FOUR (4) 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 BOB K. WILSON d/b/a FIRST RUN LIMOUSINE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted BOB K. WILSON d/b/a FIRST RUN
LIMOUSINE the authority to operate a limousine service on the public streets, alleys, and thoroughfares
of the City; and,
WHEREAS, BOB K. WILSON d/b/a FIRST RUN LIMOUSINE 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
BOB K. WILSON d/h/a FIRST RUN LIMOUSINE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it,the City Council finds:
1. That BOB K. WILSON d/b/a FIRST RUN LIMOUSINE 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 BOB K. WILSON d/b/a FIRST RUN LIMOUSINE is qualified and financially
able to efficiently conduct such business to render such service to the public, consisting
of the operation of FOUR (4) 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 BOB K. WILSON d/b/a FIRST RUN LIMOUSINE continues to comply with the
requirements of Chapter 34 of the Code of the City of Fort Worth, "Texas (1986), as
Ordinance No.20981-10-2013
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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,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of FOUR (4) LIMOUSINES by BOB K. WILSON DBA FIRST
RUN LIMOUSINE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
BOB K. WILSON d/b/a FIRST RUN LIMOUSINE, a SOLE PROPRIETORSHIP, with its
principal place of business 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 FOUR (4) 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.
Ordinance No.20981-10-2013
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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,
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.
Ordinance No.20981-10-2013
Page 3 of 5
SECTION 9.
Pursuant to Chapter 34of the Code o[the City of Fort Worth, Texas, (1986), as amended, the
Company ubaU not sell, o>ovey, or transfer this grant of operating uotbodty 1V any other person, firm, or
corporation without the prior formal consent and approval o[the City Council of the City ofFort Worth,
nor shall the Company sell, transfer, assign, or otherwise encumber its limousine operation mdboo| the
consent mf 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 bonoin may be uuuonup|imbed under the
applicable provisions of Chapter 34of the Code of the City of Fort Worth, Texas (]98h), axamended,
SECTION 12.
The terms and provisions of this ordinance are severable and n6u|\ be governed by Section 1-5 of
Chapter lnf the Code of the City of Fort Worth, Texas (|986), asamended.
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 |iroouaine service within the City's ruooioipu| |iod\a, 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 an amount not to exceed five
hundred dollars ($500.00). Each day that n violation exists ohu\\ constitute u separate offense. Any
violation of this ordinance shall hca class Cou'mdemeunoc
SECTION 15.
After adoption of this ordinance, Company mbu|| pay all required foes and b|c with the City
Secretary written acceptance ofthe terms and provisions hereof. Such acceptance of and agreement tothe
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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
BOB K. WILSON d/b/a FIRST RUN LIMOUSINE and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
02
ASSISTANT CITY ATTORNEY Mary J.Ka
I
CITY SEC TARY
ADOPTED: October 7, 2013
EFFECTIVE:
ACCEPTED BY:
BOB K. WILSON d/b/a FIRST RUN
LIMOUSINE
Printed Name
A,
M
S —
Title
DATE: k
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Ordinance No.20981 164 2013
Page 5 of 5
Ground Transportation Coordinator Findin2 Factors
Under Section 34'271, subsection(b) io determining whether nrnot to re000nneod the renewal of
granting operating authority, the Ground Transportation Coordinator shall cnoaidcc among other tfuo0o`
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to \ e necessary and desirable; and
(3) The holder continues io comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1017/2013 - Ordinance No. 20981-10-2013
DATE: Monday, October 07, 2013 REFERENCE NO.: **G-18029
LOG NAME: 20LIMOUSINE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Bob K.
Wilson d/b/a First Run Limousine to Operate Four 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. Bob K. Wilson d/b/a First Run Limousine 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. Bob K. Wilson d/b/a First Run Limousine 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
four limousines by Bob K. Wilson d/b/a First Run Limousine; and
2. Adopt the attached ordinance granting Bob K. Wilson d/b/a First Run Limousine authority to operate
four limousines on City streets, alleys and thoroughfares for a one year period subject to and conditioned
on Bob K. Wilson d/b/a First Run Limousine complying with all requirements of Chapter 34, Article VI of
the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Bob K. Wilson d/b/a First Run Limousine (Company), was granted operating authority for four limousines
on August 7, 2012 (M&C G-17642, Ordinance No. 20307-08-2012). The initial operating authority was for
a period of one year. On September 9, 2013, the Company submitted a renewal application seeking to
operate four 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: 20LIMOUSINE Pagel 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$350.00.
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 Fu nd/Accou nt/C enters FROM Fund/Account/Centers
GG01 421352 0201002 $350.00
CERTIFICATIONS:
Submitted for City Manager's Office 12y. Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20LIMOUSINE Page 2 of 2