HomeMy WebLinkAboutOrdinance 20988-10-2013 ORDINANCE NO. 20988-10-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JOHNSTON TRANSPORTATION, 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 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 JOHNSTON TRANSPORTATION, LLC; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, JOHNSTON TRANSPORTATION, 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 JOHNSTON
TRANSPORTATION,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:
I The public necessity and convenience require the operation of TWO (2) LIMOUSINES
in the City of Fort Worth;
2. JOHNSTON TRANSPORTATION,LLC 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 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
TWO (2) LIMOUSINES by JOHNSTON TRANSPORTATION, 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 JOHNSTON TRANSPORTATION, LLC and
any violations thereof will result in the imposition of penalties as provided by Section 34-
228 of the City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
JOHNSTON TRANSPORTATION, LLC, a LIMITED LIABILITY COMPANY, with its
principal place of business and its headquarters in FORT WORTH, TARRANT COUNTY, TEXAS,
Ordinance No. 20988-10-2013
Page 1 of 4
hereinafter referred to as ^xCompaoy" is hereby granted operating authority to use the present and future
streets, alleys and public thoroughfares of the City ofFort Worth, Texas, in its business u[ providing
public limousine service within the said City's ozouioipul bnoito with TWO (2) |[DMO0SKy4]OS for one
year period beginning oodxe effective date.
SECTION 2.
The findings and recitations contained iu the preamble hereof are expressly incorporated into and
made u part of this ordinance ua the findings o[the City Council.
SECTION 3.
The Company, as holder of the grant, and the Company's operations hereunder, shall be goverried
at all times by the provisions of state and federal laws and reQu|odooa and Chapter 34 of the Code of the
City otFort Worth(|986), amamended.
SECTION 4.
The authority herein granted shall he and ceoouio oobieui to said Company's full, complete and
satisfactory continuing compliance with all federal` uiuie and local |uwo and ordinances, including but not
limited to the Charter of the City of Fort VVoMb, and all relevant pnnviajoua of Chapter 34, Code of the
City ofFort 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 annozoon no liability or responsibility in
making this gcuoi, and that by acceptance of this ordinance and grant, Company hereby aA!ocm 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 orliability, 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 orooduyioun by Company, its officers, agents, employees, drive/s, licensees,
invitees and pm0000Qers` 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 ceomio subject
at all times to such reasonable regulation by the City aa is or may he necessary to yro(ooi the interests of
the general public. As uocb` the Company oodeceiuodm and acknowledges that during the teon 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 mbu}l begin conducting its operations in compliance with the
provisions of such ordinances. Further, should the City later adopt mo ordinance that would change the
uuiuco of the riob\o granted under this ordinance, the city reserves the right to ououe\ or other-wise modify
any and all rights granted under this ordinance and issue a new 87uu1 of operating authority, as |no8 as
Company is not in violation of any provision of Chapter 34 of the Code of the City of Fort Worth, Texas
(1906), as amended. In the event the terms and conditions of this oodiuuonc are in conflict with the
provisions of any such ordinance adopted by the City, the provisions o[such later-adopted ordinance shall
supersede the terms and conditions of this ordinance tothe extent they are ioconflict.
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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.
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 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 rru'sdemeanor,
Ordinance No. 20988-10-2013
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SECTION t5.
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
authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Chat-ter 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
JOHNSTON TRANSPORTATION,LLC, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY Mary J. Kay�ell,
CITY SECRE ARY
ADOPTED: October 15 2013
EFFECTIVE: ACCEPTED BY:
JOHNSTON TRANSPORTATION,LLC
By:
4gina`ture
By:
Printed Name
Title
DATE: E c)
Ordinance No. 20988-10-2013
Page 4 of 4
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 set-vice 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;
I The character and condition of the vehicles to be used;
4, ff 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
„;o.x� rr mi ivi�n mrm� ova nmo mmaaa:m ;cmm r r .:�i ;mnar :�mr�u
COUNCIL ACTION: Approved on 10/15/2013 - Ordinance No. 20988-10-2013
;0�,'.iy /i/IFPi .. lll/'//i/ J�'W NO/..;r ';laL✓ '( l.aH/,.O / ;/A..L@I Ua /, aa �/%U,MO/ ..IIa'Y;U/.. �DN6
DATE: Tuesday, October 15, 2013 REFERENCE NO.: **G-18032
LOG NAME: 20JOHNSTON TRANSPORTATION, LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Johnston
Transportation, LLC, 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. Johnston Transportation, LLC is qualified and financially able to conduct a limousine
service within the City;
c. Johnston Transportation, LLC has complied with the requirements of Chapter 34 of
the City Code;
d. Johnston Transportation, LLC 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 Johnston Transportation, LLC, operating authority for two
limousines on City streets for a one-year period subject to and conditioned on Johnston Transportation,
LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986),
as amended.
DISCUSSION:
On September 18, 2013, Johnston Transportation, LLC, 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.
Logname: 20JOHNSTON TRANSPORTATION, LLC Page I 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 $250.00.
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 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office bX. Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20JOHNSTON TRANSPORTATION, LLC Page 2 of 2