HomeMy WebLinkAboutOrdinance 21063-12-2013 ORDINANCE NO. 21063-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CHOICE TRANSPORT 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 (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 CHOICE
TRANSPORT; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted CHOICE TRANSPORT the
authority to operate a limousine service on the public streets, alleys, and thoroughfares of the
City; and,
WHEREAS, CHOICE TRANSPORT 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 CHOICE TRANSPORT; 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 CHOICE TRANSPORT has performed satisfactorily under the terms of its
operating authority;
2. That the service provided continues to ineet 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 CHOICE TRANSPORT 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
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Page I of 6
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 CHOICE TRANSPORT 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 THREE (3) LIMOUSINES by CHOICE
TRANSPORT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
CHOICE TRANSPORT, a GENERAL PARTNERSHIP, with its principal place of
business in FORT WORTH, 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 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.
Ordinance No. 21063-12-2013
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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
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 tinder 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
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(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
confl ict.
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.
A_ny suspension or revocation of the privileges granted herein may be accomplished
Linder the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended.
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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 shalt 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 shalt 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 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 Govern-nient Code; Chapter
XXV of the Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
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SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by CHOICE TRANSPORT and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTAN"I CIT
Y ATTORNEY Mary J. Kay ,..
CITY SECTARY
ADOPTED: December 17 2013
EFFECTIVE. . _ 4,
ACCEPTED BY:
CHOICE TRANSPORT
.a1 °2
Printed Name
Signature
Title
���m /J-3
DATE. �
Ordinance No.210163-12-2013
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 comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/17/2013 - Ordinance No. 21063-12-2013
DATE: Tuesday, December 17, 2013 REFERENCE NO.: **G-18084
LOG NAME: 20CHOICE TRANSPORT, INC
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Choice
Transport 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. The public necessity and convenience require the operation of three limousines upon the streets,
alleys and thoroughfares in the City of Fort Worth (City);
b. Choice Transport is qualified and financially able to conduct a limousine
service within the City;
c. Choice Transport has complied with the requirements of Chapter 34 of the
City Code;
d. Choice Transport presented facts in support of compelling demand and
necessity for three limousines; and
e. The general welfare of the citizens of the City will best be served by the addition of three limousines
upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Choice Transport operating authority for three limousines on
City streets for a one-year period subject to and conditioned on Choice Transport complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Choice Transport (Company), was granted operating authority for three limousines on October 24, 2012
(M&C G-17748, Ordinance No. 20507). The initial operating authority was for a period of one-year. On
November 19, 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 granting of
Lognarrie: 20CHOICF TRANSPORT, INC Page l of 2
operating authority. The Ground Transportation Finding Factors are attached to this Mayor and Council
Communication (M&C) and are incorporated into this M&C for all purposes.
The one-year period shall commence onthe effective date, which shall be upon acceptance by the
grantee and completion of the publication requirement, in accordance with ChaphsrXXV' Section 2 of the
City Charter and Section J4-205of the Code nfOrdinances.
The potential annual revenue from the cO||OCtiOn of applicable feas, under Chapter J4. is estimated to be
in the amount Of $3OOOO
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit Of funds due to the City.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/AccounVCenters
GG01 421352 0201002 $300.00
CERTIFICATIONS:Submitted for City Manager's Office by-
Fernando Costa (6122)
Originating Department Head: Douglas VVVW8rSig (7801)
Additional Information Contact: Gerald Taylor (6987)
[ognaoe: 20C80ICE TRANSPORT, INC Page 2cf2