HomeMy WebLinkAboutOrdinance 19988-12-2011 ORDINANCE NO. 19988-12-2011
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE
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 SIX (6) 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 VANTAGE WAY, INC.,
DIBIA SMITH LIMOUSINE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted VANTAGE WAY, INC.,
DIBIA SMITH LIMOUSINE the authority to operate a limousine service on the public streets,
alleys, and thoroughfares of the City; and,
WHEREAS, VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE 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 VANTAGE WAY, INC., DB/A SMITH LIMOUSINE; 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 VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE has performed
satisfactorily under the terms of its operating authority;
Vantage Way, Inc.,dlbia Smith Limousine
Ordinance No. 19988-12-2011 Page 1 of 7
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,
2. That VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of SIX (6) LIMOUSINES upon the public
streets, alleys and thoroughfares of the City of Fort Worth for a three (3) 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 VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE 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 SIX (6) LIMOUSINES by VANTAGE WAY, INC.,
DIBIA SMITH LIMOUSINE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
Vantage Way, Inc.,dlhla Smith Limousine
Ordinance No. 19988-12-2011 Page 2 of 7
SECTION 1,
That VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE, a CORPORATION
with its principal local place of business and its headquarters in DALLAS, 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 SIX (6) 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.
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, Texas (1985), as amended.
SECTION 4.
That 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.
Vantage Way, Inc.,dlbia Smith Limousine
Ordinance No. 19988-12-2011 Page 3 of 7
SECTION 5.
That 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 5.
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 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 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
Vantage Way, Inc.,d/hla Smith Limousine
Ordinance No. 19988-12-2011 Page 4 of 7
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.
That the Company acknowledges that payment of required fees, as specified in Chapter
34 of the Code of the City of Fort worth, Texas (1985), as amended, is a requisite to exercising
the privileges granted herein.
SECTION S.
That 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.
That pursuant to Chapter 34 of the Code of the City of Fort worth, Texas, (1985), 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.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
Vantage Way, Inc.,dibla Smith Limousine
Ordinance No. 19988-12-2011 Page 5 of 7
SECTION 1
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 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 ($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 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.
Vantage Way, Inc.,dlbia Smith Limousine
Ordinance No. 19988-12-2011 Page 6 of 7
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 Government Code; Chapter
X.XV of the Charter of the City of Fort Worth; and section 34-205 of the City Code of ordinances.
SECTION 17.
That this ordinance shall tale effect upon adoption; acceptance of the grant and payment
of the fee by VANTAGE WAY, INC., D/B1A SMITH LIMOUSINE and publication as
required by law.
APP D AS O F ND L GALITY:
ASSI ANT ATTORNEY
DATE:
ADOPTED: December 6, 2011
E FECTI VE:
ACCEPTED BY:
VANTAGE WAY, INC., Dl Bl A SMITH
LIMOUSINE nn
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DATE:
Vantage Way, Inc.,d.lbla Smith Limousine
Ordinance No. 1 9988-12-2011 Page 7 of 7
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..........
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DATE: Tuesday, December 06, 2011 REFERENCE NO.: **G-17454
LOG NAME: 20VANTAGE WAY, INC., D/B/A SMITH LIMOUSINE
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Vantage Way,
Inc., d/b/a Smith Limousine, to Operate Six 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 six limousines upon the City streets,
alleys and thoroughfares;
b. Vantage Way, Inc., d/b/a Smith Limousine is qualified and financially able to conduct a limousine
service within the City;
c. Vantage Way, Inc., d/b/a Smith Limousine has complied with the requirements of Chapter 34 of the
City Code;
d. Vantage Way, Inc., d/b/a Smith Limousine presented facts in support of compelling demand and
necessity for six limousines;
e. The general welfare of the citizens of the City will best be served by the addition of six limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Vantage Way, Inc., d/b/a Smith Limousine operating authority for
six limousines on City streets for a three year period subject to and conditioned on Vantage Way, Inc.,
d/b/a Smith Limousine complying with all requirements of Chapter 34, Article VI of the Code of the City of
Fort Worth (1986), as amended.
DISCUSSION:
On October 28, 2011, Vantage Way, Inc., d/b/a Smith Limousine submitted a renewal application
requesting authority to continue to operate six 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 subsection (b), the Ground Transportation Coordinator
used the attached Ground Transportation criteria to determine whether or not to recommend the renewal
of granting operating authority. The Ground Transportation Finding Factors are attached to this Mayor and
Logname: 20VANTAGE WAY, INC., D/B/A SMITH LIMOUSINE Page 1 of 2
Council communication (M&C) and are incorporated into this M&C for all purposes.
The three 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
$450.00.
FISCAL INFORMATION 1 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/Account/Centers
GG01 421352 0201002 $450.00
CERTIFICATIONS:
Submitted for Ci Manager's office b Fernando costa (8122)
Originating-Department Head: Douglas W. Wiersig P.E. (7801)
Additional Information Contact: Gerald Taylor (8987)
Logname: 20VANTAGE WAY, INC., DIBIA SMITH LIMOUSINE Page 2 of 2