HomeMy WebLinkAboutOrdinance 19904-09-2011 ORDINANCE NO. 19904-09-2011
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BENNETT LIMOUSINE SERVICE, LLC, dlbla PERFECT
TIMING LIMOUSINE SERVICE, 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 TWO (2) LIMOUSINES, FOR A THREE (3) 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 BENNETT LIMOUSINE SERVICE,
LLC dlbla PERFECT TIMING LIMOUSINE SERVICE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS9 BENNETT LIMOUSINE SERVICE, LLC, dlbl a PERFECT TIMING
LIMOUSINE SERVICE has applied for operating authority to furnish LIMOUSINE sery
L � p ice on
the P ublic 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
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Fort Wort h (1986), as amended has made inquiry and investigation into the application of
BENNETT LIMOUSINE SERVICE, LLC, dlbla PERFECT TIMING LIMOUSINE.
SERVICE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the
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facts made available to it, the City Council finds:
1. That the P ublic necessity and convenience require the operation of TWO (2)
LIMOUSINES in the City of Fort Worth;
2. That BENNETT LIMOUSINE SERVICE, LLC, dlbla PERFECT TIMING
LIMOUSINE SERVICE, is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of
TWO 2 LIMOUSINES upon the public streets, alleys and thoroughfares of the
Cit y of Fort Worth for a three (3) year period; beginning on the effective date, which
shall be acceptance upon by the grantee and completion of the publication
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requirement as determined by Chapter XXV, Section 2 of the Charter of the City of
Fort North and Section 34-1.05 of the City Code of Ordinances;
1 Ordinance No. 19904-09-2011
3. That t the general welfare of the citizens of Fort Worth will best be served by the
operation of TWO (2) LIMOUSINES by BENNETT LIMOUSINE SERVICE,
op
LLC, dlbla PERFECT TIMING LIMOUSINE SERVICE;
and,
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended have been complied with by BENNETT LIMOUSINE
SERVICE s �LLC dlbla PERFECT TIMING LIMOUSINE SERVICE, and any
violations thereof will result in the imposition of penalties as provided by Section 34-
228 of the City Code of ordinances.
NOW,
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of
FORT WORTH, TEXAS:
SECTION 1,
That
BENNETT LIMOUSINE SERVICE, LLC, dl bl a PERFECT TIMING
LIMOUSINE SER ,
VICE a DOMESTIC LIMITED LIABILITY COMPANY with its principal
place of business and its headquarters in AZLE, PARKER COUNTY, TEXAS hereinafter
referr e d to as "Company," is hereby ranted operating authority to use the present and future streets,
y
i thoroughfares of the City of Fort Worth, Texas, in its business of providing public
alleys and public g y
limousine service within the said City's municipal limits with TWO (2) LIMOUSINES for a three
year period beginning on the effective date.
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.
Company, as holder of the ant, and the Company's operations hereunder, shall be
That the p y, �'
governed at all r t imes b the provisions of state and federal laws and regulations and Chapter 34 of
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the Code of the City of Fart Worth (1986), as amended.
2 Ordinance No. 19904-09-2011
SECTION 4.
he authority herein anted shall be and remain subject to said Company's full,
That t y �
complete and g
d satisfactory continuing compliance with all federal, state and local laws and
nces including but not limited to the Charter of the City of Fort Worth, and all relevant
ordinances, g
provisions p
of Chapter 34, Code of the City of Fort Worth (1986), as amended, and such other
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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.
That the Company acknowledges that the City of Fort Worth assumes no liability or
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responsibility in making this ant, and that by acceptance of this ordinance and grant, Company
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h ereb y agrees to indemnify,, hold harmless and defend the City of Fort Worth, its officers, agents,
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es from and against an and all claims or suits, expense or liability, for any and all
and employe g Y
or loss and/or personal injury, including death, to any and all persons, of
property damage p
whatsoever kind or character, arisin g out of or in connection with any acts or omissions by
Compa n y, its officers agents, employees'. drivers, licensees, invitees and passengers, in the exercise
he authority anted herein; and Company shall assume all liability and responsibility for same.
oft yg�'
SECTION 6.
That t p an
he Company acknowledges that its drivers, property and operations shall be and
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remain subject at all times to such reasonable regulation by the City as is or may be necessary to
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t the interests of the general public. As such, the Company understands and acknowledges
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that durin g the term of this ordinance and grant, the City of Fort Worth may adopt such ordinances
that further regulate late the operation of the Company's service within the City of Fort Worth,
the amount of fees to be aid; and that upon the adoption thereof, the Company shall
including p
begin c g p compliance conducting its operations in with the provisions of such ordinances. Further,
p
should the p
he City later adopt an ordinance that would change the nature of the rights granted under
ordinance, the city reserves the right to cancel or otherwise modify any and all rights granted
this ordi y
under this ordinance and issue a new grant of operating authority, as long as Company 1s not in
3 ordinance No. 19904-09-2011
violation o f an y p p 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 y y
finance ado ted b the City, the provisions of such later-adopted ordinance shall
supersede ersede the terms and conditions of this ordinance to the extent they are in conflict.
SECTION 7,
That the Company acknowledges that payment of required fees, as specified in Chapter 34
Tha p y g
of the Code of the he of Fort Worth, Texas (1986), as amended, is a requisite to exercising the
privileges granted herein.
SECTION 8.
Company shall be obligated to discharge any claim or judgment against it finally
That the p y g
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.
That pursuant to Chapter 34 of the Code of the City of Fort worth, Texas, (1986), as
p
amen , Company amended, the Com an shall not sell, convey or transfer this grant of operating authority to any
firm or corporation without the prior formal consent and approval of the City Council
other person, fi rp p
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.
That nothin g herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
4 Ordinance No. 19904-09-2011
SECTION 11.
That any suspension or revocation of the privileges granted herein may be accomplished
p
under the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986),
pp p
as amended.
SECTION 12.
That the terms and p rovisions 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 p rovisions 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
gu p p
event of conflict between the p rovisions 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
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hundred dollars ($500.00). Each day that a violation exists shall constitute a separate offense. Any
violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That 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
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agreement to the provisions of this ordinance and grant shall be evidenced by the signature of the
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Company's authorized representative on the final page of this ordinance.
5 Ordinance No. 19904-09-2011
SECTION 15.
City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption
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of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
and penalty
Texas, as
authorized b y Section 52.013 of the Texas Local Government Code; Chapter XXV of the
Charter of the Cit y of Fort Worth; and section 34-205 of the City Code of Ordinances.
SECTION 17.
That
this ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee b BENNETT LIMOUSINE SERVICE, LLC, and publication as required by lave.
APPROV D AS TO FORM ND L GAL
ASSISTANT CITY ATTORN
ADOPTED: September 20 20
EFFECTIVE.
ACCEPTED BY:
BENNETT LIMOUSINE SERVICE, LLC,
dlbla PERFECT TIMING LIMOUSINE
SERVICE,
DATE:
b Ordinance No. 19904-09-2011
Worth, Texas
City of Fort
Mayor a
Council
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DATE: Tuesday, September 20, 201.......
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REFERENCE NO.: **G-17377
LOG NAME: 20BENNETT LIMOUSINE SERVICE, LLC
SUBJECT:
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Approve Findings
of Ground Transportation Coordinator Regarding Application of Bennett Limousine
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Service, LLC, dlbla Perfect Timin Limousine Service, to Operate Two 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 publi c necessity nd convenience require the operation of two limousines upon the City street,
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alleys and thoroughfares;
'n Service LLC dlbla Perfect Timing Limousine Service, is qualified and financially
b. Bennett Limousine ,
able to conduct a limousine service within the City;
c. Bennett Limousine Service, LLC, dlbla Perfect Timing Limousine Service, has complied with the
requirements of Chapter 34 of the City Code;
d. Bennett Limos ,Limousine Service LLC, dlbla Perfect Timing Limousine Service, presented facts in support
of compelling demand and necessity for two limousines;
e. The general
welfare of the citizens of the City will best be served by the addition of two limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached
ordinance granting rantin Bennett Limousine Service, LLC, dlbla Perfect Timing Limousine
Service, operating
authority for two limousines on City streets for a three-year period subject to and
conditioned on Bennett
Limousine Service, LLC, dlbla Perfect Timing Limousine Service, complying with
all requirements p
of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On August 10 2011, Bennett Limousine Service, LLC, dlbla Perfect Timing Limousine Service
(Company), sub pp re
submitted an application uesting authority to operate two limousines in the City of Fort
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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 n Coordinator. Under Section 34-204, in determining whether or not to recommend the
granting of operating y,
in authority, the Ground Transportation Coordinator shall consider, among other things,
Logname: 20BENNETT LIMOUSINE SERVICE LLC Page I of 3
the following items:
1. Probable permanency nd quality of the service offered by the applicant, the applicant's experience in
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rendering such service in the City or similar service elsewhere and the applicant's past record and
experience in adjusting claims and paying judgments, if any, to claimants;
2. The applicant's financial ability to provide the described service and ability to respond to claims or
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judgments arising by
reason of business operations, injury to persons or damage to property resulting
from operation of a limousine service;
3. The character and condition of the vehicles to be used;
4. if the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and perso n s with economic interest making such application and each of the above-numbered
items as applied to each of the stockholders, officers, members and directors;
5. The applicant s character racter and past record and, if the applicant is a corporation or other business entity,
that of it's officers, members and stockholders; and
S. Such other information s presented resented during any public hearing that may bear on the public necessity
and convenience.
The Ground nd Trans ortation Coordinator recommends approval based on the following findings:
a. The Company s qualified and financially able to conduct a limousine service within the City;
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The Company has complied with the requirements of Chapter 34 of the City Code;
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c. The Company presented facts in support of compelling demand and necessity for two limousines;
and
d. The general welfare of the citizens of the City will best be served by the addition of two limousines
upon City streets, alleys and thoroughfares.
The three-year period shall commence on the effective date, which shall be upon acceptance by the
grantee and completio n of the p requirement uirement in accordance with Chapter XXV, Section 2 of the
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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
$250.00.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial g
i I Mana ement 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/Accau
ntlCenters FROM Fund/Account/Centers
GG01 421352 020 002 250.Q-O
CERTIFICATIONS:
-- --- - - � Office Submitted for City Manager's by. Fernando Costa (G122)
• E SERVICE LLC Page 2 of 3
Logname: 20B ENN ETT LIMOUSINE
Oriainating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20BENNETT LIMOUSINE SERVICE, LLC Page 3 of 3