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HomeMy WebLinkAboutOrdinance 15757~" ORDINANCE NO. ~ -' ~ ~~ AN ORDINANCE GRANTING TO ZIA'S LIMOS THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUB~IG THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS t_IMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF FOUR LIMOUSINES FOR A PERIOD BEGINNING ON NOVEMBER 25, 2003, AND ENDING ON NOVEMBER 24, 2008; SPECIFYING THE TERMS AND GON©IT1ONS OF THE GRANT; PROVIDING A SEVERABI~ITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY ZIA'S LIMOS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Zia's Limos ("Zia's"} 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 Zia's; 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 the public necessity and convenience require the operation in the City of Fort Worth of four (4) limousines by Zia's; 2. That Zia's is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of four limousines upon the public streets, alleys and thoroughfares of the City of Fort Worth for the period beginning on November 25, 2003 and expiring on November 24, 2008; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation of four limousines by Zia's' and NO~~.', TNERFFQR~, BE IT C~F~D~INED BY THE CITY COUNCI[.. C}F THE CITY SECTION 1. That Zia's, 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 Fort Worth, Texas, in its business of providing public limousine service within the said City's municipal limits with four {4} limousines for the period beginning November 25, 2Q03, and expiring November 24, 20Q8. 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 laws and ordinances, including but not limited to the Charter of the City of Fort Worth, and all relevant provisions of Chapter 34, Gode of the City of Fart Worth {1986), as amended, and such other ordinances as maybe adopted from time to time by the City Council governing and regulating the operation of limousines in the City of Fort Worth. SECTION 5. That the Ctparry acknt~wiedges that the pity o~ Fc~r~ Worth assumes no liability a . n j. ~n >* ~ 1' ~' i' ~ i ~ ~ j' r. 3' -?r 1. '!'~~i,311', t' 'rr', ~~'~',`~ Ir -{~;r~r,;~+:. t' lI(! r'~~(~1~It'ti~ ;~r`i: "jr:f^'I' tf'P Lal fi r . ,,`C?riil, itS C;ICE;r`~. `fig ,. .:~~,,1 Fri'F_i„~yE,'E'S. trUrTl clrl(~ ~3r-;~~jr~st ~3r~~y <:3n~' <3 c,'~3~r?~S r1r Su~tS, expens~ ~~r liability. for any and all ~rope~~ty damage or loss andor personal injury, ir! ! ~+F, ti ~ ~ 3!"~ ;3~,~, ,`F~r~~ .!lL h }1tii c ~f Il~~%~ ~~~.j. ~ .+,,r 3t ~;11~~' ~I' { j or in connection with any acts or omissions by Company, 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 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 adapt such ordinances which further regulate the operation of the Company's service within the City of Fort Worth, including the amount of street rental 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. 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 ordinance shall supersede the terms and conditions of this ordinance to the extent they are in conflict. SECTION 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. That the Company shall be obligated to discharge any claim or judgment against it finally established by law, and the failure so to do for a period of one hundred eighty (180} days shall, ipso facto, terminate all authority under this grant. SECTION 9. ' 3~ + ~ , .+~, ~ i;r;~ ~ il'~~ ~,~;;11';~~3~1 ~ ~},:~li 'l. .? ~ . r)r 1!~3t~ ~(F~, j}1 ti (;r<i'1' !i# ter .~E,r E, '~) <3i1~ ~~~~~,; ~~~~r50~'. tlff'~ E)C C~Or~)~)rc~tlOC1 :~~ttl;)~il U~c' ~~~rlOr f~~f"f'~c3i CUI1SFi~i ~1t~C1 cir)I)f0`~dl Ot tree City Council of the City of Fort Worth, rlor shall it sell, transfer; assign or otherwisF~ encumber its limousine operation without the consent of the City Council of the City of Fort Worth. SECTIQN 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 ar 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. SECTIQN 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. SECTIQN 13. That the provisions of this ordinance shall be and are hereby declared to be cumulative of ail 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 Gode shall govern and prevail. SECTIQN 14. That within ten {10} days after adoption of this ordinance, Company shall 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 shill be ~.-irf~~~~-~d h~' rY~F~ sic;~~r~r~ ~~i the ~„c~;~~»~~~~-~ ;~~~~rhr,ri~~c~d rF~G~rPSF~~~t~3fi~.~ nL~ fih~ ~~n~F ;' " ,' SECTION 15. That this ordinance si~i~ll be in ful! face and effect from the date of its adoption ar~c+ ~3r.rr~~1t<3t1c'c_, ~~~ h~~rf~in~~f,n~,E_; prc>'.;i~iF~r! '~ APPRC}VED AS TC} F(JRM AND LEGALITY: ASSISTANT CITY ATTORNEY DATE: ADAPTED: I I :: EFFECTIVE: ACCEPTED BY: ZIA°S LIMOS By: Name Title Date: APPROVED AS TO FORCvI AND ~EOALITY: ASSISTANT CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: ACCEPTED BY: ~IA'S Llfyl{3~ " ~ '~-~~-~ i `~... ~~. r Name ~ ~~~/~~ . ~ ~- ra.. ~~~.~..~ Title ~c~~r~~~ ~i,~~ ~..--. Date. L~~~,,. ~ 2 ~.~~ -~ Cify of Farb Ulrorfh, Texas Mayor and Council Communication COUNGE~ AGTION: Approved on 1111812003 -Ordinance No. 15757 DATE: Tuesday, November 18, 2003 LOG NAME: 38ZIAS LIMOS REFERENCE NO.: **G-14157 SUBJECT: Consideration of Application of Zia's Limos to Operate Four Limousines within the City of Fork 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 the public necessity and convenience require the operation of four {4} limousines upon the City streets, alleys and thoroughfares; and 3. Adopt the attached ordinance granting privilege to Zia's Limos for a period of 5 years beginning November 25, 2003, and expiring November 24, 2008, and authorizing the operation of four {4} limousines upon City streets, such ordinance being subject to and conditioned upon Zia's Limos complying with all requirements of Rrticle IV, Chapter 34, of the Code of the City of Fort Worth {2003}, as amended. DISCUSSION: On October 31, 2003, Zia's Limos submitted to the City an application to operate a limousine service within the City of Fart Worth. In considering Zia's Limos application, the City Council, pursuant to Section 34-204 of the City Code, must determine whether or not the public necessity and convenience require the operation of such vehicle for hire, and whether or not the applicant is qualified and finaneiaNy able to efficiently conduct such business and to render such service to the public. In determining whether or not the grant should be made, the City Council shall consider, among other things, the following items: 1. Probable permanency and quality of the service offered by the applicant, the experience the applicant has in rendering such service in the City or similar service elsewhere, and the past record and experience of the applicant in adjusting claims and paying judgments, if any, to ciair,~ar~~~` an~1 .,. , , . , .. .. - _ ,. .. ., .~~, ` 2 ~titi~n~ ~e ' ,~ _. U ~~ Tf~e Cf1~,~c~Ct~i a ~~: Cof' :~I?iCr 0` tfle ~I'1?Gi:SIf1PS t0 be i~S@U 8{~~ 4. If ,he applicant is a corpora ion the quali{icatien of fhe officers. directors and persons with .,, 'l~r~~.., ~~~~,~., ~~ nl<;u '~^ _, ., ,f <]~'G,~ .:~ (~ ~n~-1 ,= ~(; ~' i{ ~~.. c3h' ,r.~ _ ,. f°.~'C ~S of its T c~~xx,~m~• ~R1`TAC T TTvit1C t~.,n„ t ~~~t 6. Such other information as presented during any public hearing that may bear on the public need and necessity. In making its findings, the City Council also may consider as evidence the findings or opinions of the City staff authorized to investigate the subject application. In this regard, the following are the findings and opinions of City staff derived from the review of Zia`s Limos's {the Company} application and from the 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 four {4} limousines are compelling; and d} The general welfare of the citizens of the City wi11 best be served by the addition of four {4} limousines upon City streets. The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34 of the City Code is estimated at $900. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Municipal Court Department is responsible for the collection and deposit of funds due to the City. TO Fund/AccountlCenters FROM FundlAccountlCenters GG01 421352 0134010 9ao.aa Submitted for Cit~t Manager's Office b~ Originating C}~artment Head• Additional Information Contact: L,~~~~n~~ni~" iRITA.~, T,1M(l~ ~,_ ., ~.,