HomeMy WebLinkAboutOrdinance 15754-~~
ORDINANCE NO.
AN ORDINANCE GRANTING TO A~AMO LIMOUSINE, LIMITED
PARTNERSHIP THE PRIVILEGE TO USE THE STREETS, ALLEYS
AND PUBIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF
ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE
OPERATION OF SEVEN LIMOUSINES FOR A PERIOD BEGINNING
ON NOVEMBER 25, 2003, AND ENDING ON NOVEMBER 24, 2008;
SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT;
PROVIDING A SEVERABI~ITY G~AUSE; MAKING THIS ORDINANCE
GUMU[_ATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN
ACCEPTANCE BY A1.AM0 LIMOUSINE, LIMITED PARTNERSHIP;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Alamo Limousine Limited Partnership {"Alamo"} has applied for the
privilege 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 Alamo; and
WHEREAS, upon such inquiry and investigation and after thorough consideration
of all the facts made available to it, the City Council finds:
1
2
3
4
That the public necessity and convenience require the operation in the
City of Fort Worth of seven {7} limousines by Alamo;
That Alamo is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation
of seven limousines upon the public streets, alleys and thoroughfares of
the City of Fort Worth for the period beginning on November 26, 2003 and
expiring on November 2~. ?008:
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NOW, THEREFORE, ESE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That Alamo Limousine, Limited Partnership, a Texas Limited Partnership with its
principal place of business and its headquarters in the City of Fort Worth, Tarrant
County, Texas, hereinafter referred to as "Company", is hereby granted the privilege to
use the present and future streets, alleys and public thoroughfares of the City of Fork
Worth, Texas, in its business of providing public limousine service within the said City's
municipal limits with seven (7} limousines for the period beginning November 25, 2003,
and expiring November 24, 2008.
SECTION 2.
That 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.
That 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 {1986}, as
amended.
SECTION 4.
That the privilege herein granted shall be and remain subject to said Company's
full, complete and satisfactory continuing compliance with all federal, state and local
lativs and ordinances.. including but not limited to the Charter of the City of Fork Worth,
~3nc± a(P ~e(F~vant provisions of Chapter 34, Code of the. City of Fort Worth (198E~1, as
SECTION 5.
That the Company ackno~wledc~es that the City of Fort Worth assumes no liaE~ility
., .. ,
grant, Campany hereby agrees to indemnify, hold harmless and defend the City of Fart
Worth, its officers, agents, and employees, from and against any and ail claims ar suits,
expense or liability, for any and all property damage or lass andlor 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 Campany, its officers, agents,
employees, drivers, licensees, invitees and passengers, in the exercise of the privileges
granted herein; and Company shall assume all liability and responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property and operations shall
be and remain subject at afl times to such reasonable regulation by the City as is ar may
be necessary to protect the interests of the general public. As such, the Campany
understands and acknowledges that during the term of this ordinance and grant, the
City of Fort Worth may adapt such ordinances which further regulate the operation of
the Gampany's service within the City of Fart Worth, including the amount of street
rental fees to be paid; and that upon the adoption thereof, the Gampany shall begin
conducting its operations in compliance with the provisions of such ordinances. In the
event the terms and conditions of this ordinance are in conflict with the provisions of any
such ordinance adapted by the City, the provisions of such ordinance shall supersede
the terms and conditions of this ordinance to the extent they are in conflict.
SECTItJN 7.
That the Company acknowledges that payment of an annual "street rental" fee,
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.
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sECT1aN s.
That 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 privilege 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 it sell, transfer, assign or otherwise
encumber its limousine operation without the consent of the City Council of the City of
Fart Worth.
SECTION 10.
That nothing herein contained shall be held or construed to confer upon the
Company exclusive rights or privileges of any nature whatsoever.
SECTION 11.
That 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.
That the terms and provisions of this ordinance are severable and shall be
governed by Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, Texas
{1986}, as amended.
SECTION 13.
That 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
'"e ~it~y~~s n~unicipa' limits. ancl, ~°; the e~_~~,~r~t of con`=i~~f between the provisions of this
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SECTION 1a.
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the Cite `~<~c~retar~~ ~rritten accept~~nce of the terms end provisions hereof. `such
>>,~ „{ i, ,a ~ ~,t r- tF~l~~ ~r ?~~C ~` ~hi~ r 3, '3t„a ~ .'fit ~~ f~
evidenced by the signature of the Company's authorized representative on the final
page of this ordinance.
SEGTION 15.
That this ordinance shall be in full force and effect from the date of its adoption
and acceptance as hereinabove provided.
APPROVED AS TO FORM AND LEGALITY:
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ASSISTAf~ CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
AGGEPTED BY:
ALAMO LIMOUSINE,
LIMITED PARTNERSHIP
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General Partner, Woodcrest
Limousine, LLC
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1111812003 -Ordinance No. 15754
DATE: Tuesday, November 18, 2003
LOG NAME: 38ALAM0 LIMO REFERENCE NO.: *~`G-14154
SUBJECT:
Consideration of Application of Alamo Limousine Limited Partnership to Operate Seven Limousines
within the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings of City staff as presented herein; and
2. Find that public necessity and convenience require the operation of seven {7} limousines upon the City
streets, alleys and thoroughfares; and
3. Adopt the attached ordinance granting privilege to Alamo Limousine Limited Partnership for a period of
5 years beginning November 25, 2003, and expiring November 24, 2008, and authorizing the operation of
seven (7} limousines upon City streets, such ordinance being subject to and conditioned upon Alamo
Limousine Limited Partnership complying with all requirements of Article IV, Chapter 34, of the Code of the
City of Fort Worth {2003}, as amended.
DISCUSSION:
On September 9, 2003, Alamo Limousine Limited Partnership submitted to the City an application to
operate a limousine service within the City of Fort Worth. In considering the application, the City Council,
pursuant to Section 34-204 of the City Cade, must determine whe#her or not public necessity and
convenience require the operation of such vehicles for hire, and whether or not the applicant is qualified and
financially able #o efficiently conduc# such business and to render such service #o the public. In determining
whether or not the grant should be be made, the City Council shall consider, among other things,
the following items:
'l Probable permanency and quality of the service offered by the applicant, the experience fhe
n^^"~~'^+ `'"~ ~ ~~'~~'~~ such service in the ~~~, or similar ser/r:e e!sr~~whe~? and the past
Tl1E of ~a .-,'~'~~Ifty ~i'~ a;:~~il~ ,r r,, pr~vlGe t~!e ser/I~.e ',~eS~'Ibcd. an~'~ r~~Ln^.~ t0 :~a'n,;s Or
~udgrrrents ars~ng by reason of business operations. cr injury to persons. ~~r ~~a~~r.age to property
resulting `rom operation of a limousine service: and
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T.n~nam~• ;RAT ARrT('l 1 1'111
5. The charac#er and past record of the applicant; and, if the applicant be a corporation, of its
officers, direr#ors and stockholders; and
6. Such other information as presented during any public hearing that may bear on the public need
and necessity.
In making its I•tndings, the City Council also may consider as evidence the findings or opinions of the City
s#aff authorized to investigate the subject application. In this regard, the following are the findings and
opinions of City s#aff derived from the review of Alamo Limousine Limited Partnership's {the Company}
application and from staffs independent investigation:
a} The Company is qualified and financially able to conduct a limousine service within the City; and
b} The Company has complied with the requirements of Chapter 34 of the City Code; and
c} The Company presented facts showing the demand, need and necessity for seven {7} limousines
are compelling; and
d) The general welfare of the citizens of the City will best be served by the addition of seven {7}
limousines upon City streets.
The potential annual revenue from the collection of applicable fees, as authorized in Chapter 34, is
estimated at $1,675.
FISCAL INFORMATIflN1CERTIFICATION:
The Finance Director certifies that the Municipal Court Department will be responsible for the collection and
deposit of funds due to the City.
Tfl FundlAccountlCenters FRflM FundlAccountlCenters
GG01 421352 0134010 1 675.00
Submitted for City Manag_er's C}ffice by: Richard Zavala {Acting) {6183)
Originating Department Head: Elsa Paniagua {6711}
Additional Information Contact: Elsa Paniagua {6711}