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HomeMy WebLinkAboutOrdinance 20989-10-2013 ORDINANCE NO. 20989-10-2013 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO JESUS VARGAS d/b/a BOHEMIAN 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 FIVE (5) 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 JESUS VARGAS d/b/a BOHEMIAN LIMO; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth previously granted JESUS VARGAS d/b/a BOHEMIAN LIMO the authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and, WHEREAS, JESUS VARGAS d/b/a BOHEMIAN 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 (1.986), as amended, has made inquiry and investigation into the application of JESUS VARGAS d/b/a BOHEMIAN LIMO; 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 JESUS VARGAS d/b/a BOHEMIAN 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 JESUS VARGAS d/b/a BOHEMIAN LIMO is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of FIVE (5) LIMOUSINES upon the public streets, Ordinance No.20989-10-2013 Page I of 6 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 JESUS VARGAS d/b/a BOHEMIAN LIMO 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, 5. That the general welfare of the citizens of Fort Worth will best be served by the continued operation of FIVE (5) LIMOUSINES by JESUS VARGAS DBA BOHEMIAN LIMO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. JESUS VARGAS d/b/a BOHEMIAN LIMO, a SOLE PROPRIETORSHIP, with its principal place of business in IRVING, 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 FIVE (5) 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. Ordinance No.20989-10-2013 Page 2 of 6 ...........w.,NOM 111111111101 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 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 Ordinance No.20989-1 0-20 1 3 Page 3 of 6 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. SECTION 10. Nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. Ordinance No. 20989-10-2013 Page 4 of 6 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 (S500.00). 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 terns 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 Ordinance No.20989-10-2013 Page 5 of 6 Worth, Texas, as authorized by Section 52.013 of the Texas Local Goverru-rent 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 JESUS VARGAS d/b/a BOHEMIAN LIMO and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ASSISTANT CITY ATTORNEY Mary J. 1�4 er CITY SEC ETARY ADOPTED: October 15, 2013 EFFECTIVE: j( a a u " 2 ACCEPTED BY: JESUS VARGAS d/b/a BOHEMIAN LIMO Printed Name Signature Title DATE: Ordinance No.20989-10-2013 Page 6 of 6 ................ ............... Ground Transportation Coordinator Finding Factors Under Section 34-271, subsection (b) in determining whether or not to recommend the renewal of granting operating authority, the Ground Transportation Coordinator shall consider, among 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 to cornply with all requirements of this chapter. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10[1512013 - Ordinance No. 20989-10-2013 DATE. Tuesday, October 15, 2013 REFERENCE NO.: **G-18033 LOG NAME: 20LIMO SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Jesus Vargas d/b/a Bohemian Limo to Operate Five 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. Jesus Vargas d/b/a Bohemian 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. Jesus Vargas d/b/a Bohemian 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 five limousines by Jesus Vargas d/b/a Bohemian Lima; and 2. Adopt the attached ordinance granting Jesus Vargas d/b/a Bohemian Limo authority to operate five limousines on City streets, alleys and thoroughfares for a one year period subject to and conditioned on Jesus Vargas d/b/a Bohemian Limo complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: Jesus Vargas d/b/a Bohemian Limo (Company), was granted operating authority for six limousines on August 14, 2012 (M&C G-17646, Ordinance No. 20321-08-2012). The initial operating authority was for a period of one year. On September 4, 2013, the Company submitted a renewal application seeking to operate five 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: 20Limo Paget 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 $400.00. 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 $400.00 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: 20LIMO Page 2 of 2 ............................