HomeMy WebLinkAboutOrdinance 20982-10-2013 ORDINANCE NO. 20982-10-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO
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 THIRTY-
SEVEN (37) 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 SIMON'S
EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted SIMON'S EXECUTIVE CAR
SERVICE, INC. d/b/a ECS LIMO the authority to operate a limousine service on the public streets,
alleys, and thoroughfares of the City; and,
WHEREAS, SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO 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
SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
I That SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO 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 SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO is qualified
and financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of THIRTY-SEVEN (37) LIMOUSINES upon the
public streets, alleys and thoroughfares of the City of Fort Worth for a one (I) 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 SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO continues to
comply with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
Ordinance No.20982-10-2013
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(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,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of THIRTY-SEVEN (37) LIMOUSINES by SIMON'S
EXECUTIVE CAR SERVICE, INC. DBA ECS LIMO
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO, a CORPORATION, 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 THIRTY-SEVEN (37) 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.20982-10-2013
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SECTION 5.
The Company acknowledges that the City ofFort Worth assumes no liability orresponsibility in
making this gruot, and that by acceptance of this ordinance and grant, Company hereby agrees to
indemnify, hold harrrdess and defend the City of Fort Worth, its officers, agents, arid employees, from and
against any and all claims or suits, expense or liability, for any and all property dunnmgc or (ooa and/or
peomoo| injury, including death, to any and all persons, of whatsoever kind or cbaruo|or` arising out of or
in connection with any uutm oc omissions 6y Company, its offioera, agents, employees, drivers, }iueoancm,
invitees and passengers, in the exercise of the authority granted herein; and Company shall aoououc all
liability and responsibility for same.
SECTION b'
The Company acknowledges that its drivers, property, and operations shall be and remain subject
at all times to such reasonable regulation hy the City uoio or may 6cnecessary to protect the interests of
the general public. As onob. the Company understands and oukuovv\ndgea that during the term of this
nrdiououo and grant, the City of Fort Worth may adopt such ordinances that further regulate the operation
of the Company's service vvdbiu the City of Fort Worth, including the amount of fees to be paid; and that
upon the adoption thereof, the Company o6aU 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 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
(1980), as amended. lo the event the terms and conditions of this ordinance are in onoDici with the
provisions of any such ordinance adopted by the City, the provisions ufsuch |utux'udoptedoodbuaooeshall
supersede the tern-is 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 oueodcd' is o requisite to exercising the privileges
granted herein.
SECTION 8.
The Company abu>| be obligated to discharge any claim or judgment against it finally established
by law, and the failure todo so for period of one hundred eighty (180) days abu|l` ipso 6/cro, t*oniuuto
all authority under this grant.
Ordinance No.20982-10-2013
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SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, 'Texas, (1986), as omcuduJ, the
Company abuU not sell, convey, or transfer this grant of operating authority to any other person, firm, or
oorporuhoowitbouitbepdocfboouluouxeoLoudopprovolnftbeCityCooucilofdboCdyofFortWortb,
nor obu ) the Company aoU, truuoitr, assign, or otherwise encumber its !inuouoiue operation without the
consent nf the Fort Worth City Council.
SECTION 10,
Nothing herein contained shall be held orconstrued 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 obuD be gnvucuod by Section 1-5 of
Chapter lof the Code of the City of Fort Worth, Texas (lg8h)'uaamended.
SECTION 13.
The provisions of this ordinance obol| 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 |io�\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 he imposed for violations of this ordinance in an amount not to exceed five
hundred dn}|am ($500.00). Each day that a violation exists aboU constitute a mcpncu(e offense. Any
violation of this ordinance shall bea class Cmisdemeanor.
SECTION 15.
After adoption of this ordinance, Company shall pay all required b:eo and file with the City
Secretary written acceptance oFthe terms and provisions hereof. Such acceptance of and agreement 1othe
Ordinance No.20982-10-2013
Page 4vf5
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 l.ocal 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
SIMON'S EXECUTIVE CAR SERVICE, INC. d/b/a ECS LIMO and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY Mar y f Ka
CITY SEC 91ARY
ADOPTED: October 7, 2013
EFFECTIVE
ACCEPTED BY:
SIMON'S EXECUTIVE CAR SERVICE,
INC. d/b/a ECS LIMO
By:
Q-�
N->
Printed Name
Signature
Title
DATE:
Ordinance No.20982-f6-2013
Page 5 of 5
w .. uuu..
Ground Transportation Coordinator Findin2 Factors
DoderScodom34'27l, mubmoohno(t) iudetoruiuiog*bc1bococoottoruonuoueudtberuuuwn} o[
grootio& operating authority, the Ground Transportation Coordinator abaU consider, aoioug other things,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues |o comply with all requirements o[tbischapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/7/2013 - Ordinance No, 20982-10-2013
J� 1. 1 ?lfNl(// /m P1DPp. aO Nd
DATE: Monday, October 07, 2013 REFERENCE NO.: **G-18030
LOG NAME: 20SIMON'S EXECUTIVE CAR SERVICE, INC
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Simon's
Executive Car Service, Inc. d/b/a ECS Limo to Operate Thirty-Seven 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. Simon's Executive Car Service, Inc. d/b/a ECS Limo 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. Simon's Executive Car Service, Inc. d/b/a ECS Limo 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 thirty-seven limousines by Simon's Executive Car Service, Inc. d/b/a ECS Limo; and
2. Adopt the attached ordinance granting Simon's Executive Car Service, Inc. d/b/a ECS Limo operating
authority for thirty-seven limousines on City streets for a one-year period subject to and conditioned on
Simon's Executive Car Service, Inc. d/b/a ECS Limo complying with all requirements of Chapter 34, Article
VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Simon's Executive Car Service, Inc. d/b/a ECS Lima (Company), was granted operating authority for 35
limousines on August 21, 2012 (M&C G-17651, Ordinance No. 20332-08-2012). The initial operating
authority was for a period of one-year. On September 9, 2013, the Company submitted a renewal
application seeking to operate 37 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 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 the M&C for all purposes.
Logname: 20SIMON'S EXECUTIVE CAR SERVICE, INC Page I of 2
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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 $2,000.00.
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 $2,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Lognarne: 20SIMON'S EXECUTIVE CAR SERVICE, INC Page 2 of 2