Loading...
HomeMy WebLinkAboutOrdinance 15778~.~ ~.~ ~ ORDINANCE NO. ~ ~ ~` ~-_~ AN ORDINANCE GRANTING TO PETE'S LIMOUSINE, SOLE PROPRIETORSHIP, THE PRIVILEGE TO USE THE STREETS, ALLEYS AND PUBLIC THC}RC?UGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF THREE LIMOUSINES FOR A PERIOD BEGINNING ON DECEMBER 12, 2003, AND ENDING ON DECEMBER 11, 2008; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY PETE'S LIMOUSINE, SOLE PROPRIETORSHIP; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, fete's t_imousine, Sole Proprietorship {"fete's"), has applied for the privilege to furnish limousine service on the public streets, alleys and thoroughfares of the City of Fort Worth; and WHEREAS, the City of Fart Worth, pursuant to Section 34-204 of the Code of the City of Fort Worth {19$6), as amended, has made inquiry and investigation into the application of fete'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 Fart Worth of three {3) limousines by fete's; 2. That fete's is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of three limousines upon the public streets, alleys and thoroughfares of the City of Fort Worth for the period beginning on December 12, 2003 and expiring on December 1 1.2008. T~'~~31 ~hf~ ~_{t'~'E)r3i ~'vtr` ~ ~ ryir, ? ~F, ' ., '° '"r° ~ ll ' t?~ thF~ ~~~;E,rativn ~~f threF~ iirn~~usinE,s t.~~ ~'E~tE~ s <.~nd ~. That all <~ther rE~quirerr~Frnt~; of Chapter 3a of the Code of the City of Fort W©rth (1986).... as amended, have been complied with by Pete s; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Pete's Limousine, a sole proprietorship, 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 three {3j limousines for the period beginning December 25, 2003, and expiring December 11, 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 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 {1986}, as amended, and sucf~ other ordinances as maybe adopted from time fo time by the Gity Council governing and regulating the operation of limousines in the City of Fort Wortk~a SECTION 5 Th~3t thE, C~>rYitr3n~ -~3ckn~~wlr~~igE~s th<~! '~~f? ~it~ >>f F ~~rt W~~rtt~ ~35surnF~s nv liability ~r respons~b~l~ty m n~ak~r~g this grant, and that by acceptance of this ordinance and grant. Company hereby agrees to indemnify. hold harmless and defend the City of Fort ~.~, ±~~ 1~5 Offl(-t - ;f'rli~, ,.i'~ ~ "'.(li~)~~f'E-~ {r. '. jfli; f'i: ~'. ~~ ,j~ , j'1i~ 3 ;j il~` ~l 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 privileges granted herein; and Company shall assume all liability and responsibility for same. SECTIt3N 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 adopt 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 X1986), 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 fir ~~ pF~riod of ~~~ne hundred eighty ,. ~,~ ,, SECTION 9 ghat E7ursuant to Chapter :~4 of the CodE, ~~f the City of ~-ort Worth, Texas. ~1 X86). as amended. the Company shell not sell, convey or transfer this grant of privilege to any ii,~ ~ r,r~~,,r, { ~~ 3' .. +~~ +~.~. , j' 3; ~ , 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 Fort 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 X1986}, 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. That within ten {1Q~ days after adoption of this ordinance, Company shall file with the City Secretary written acceptance of fihe terms and provisions hereof. Such ~~~CE'f)t~nCF? Of ~3l1Ci <~(7rf'E~tTIE?~1~ t{"; uhf' ~i~~ ~~. - ''~s r )f thl~ '~~ !'c~fl('E' :3~lri •a~;jf?t sh<3li hf' ._;t'f'~ .tt~~ ;"> ?tirr ~i(;n~i(~;'F° ' ?r;r .~1~;~,jn~s ti ,~.~'~' ,'~ 't,~,~F,~r,~,> >r, ,~ ~tlt, ti~,,3i ,~<~~ar~ ~~f this t)rr+,in~3nce SECTION 15. Th~3t this r)rr~in~t~cF~ shell hF~ in full ~c~r~F~ ~3n~' F~f`F~ct fmr7~~ ihf, r~~~tf~ of its <3r~~~pti~~r APPRC}VED AS Tf7 FORM AND C.EGAL.ITY: ~~ ASSISTANT CITY ATTC)RNEY DATE: °~ ADAPTED. _~„~ °~. EFFECTIVE: _ , ~f ACCEPTED BY: PETE'S ~IMfJUSINE, SOLE ~'R{3PRIETt~RSHIP gy. I Date: ~ _~~~ Cify of Forf ~1Uorfh, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 121912003 -Ordinance No. 15778 DATE: Tuesday, December 09, 2003 LOG NAME: 38PETES LIMO REFERENCE NO.: **G-14'!8$ SUBJECT: Consideration of the Application of Pete"s Limousine to Operate Three Limousines within the City of Fort Wor#h RECOMMENDATION: !t is recommended that the City Council: 1. Consider and adopt the findings and opinions of City staff as presented herein; and 2. Find that the public necessity and convenience require the operation of three {3} limousines upon the City streets, alleys and thoroughfares; and 3. Adopt the attached ordinance granting privilege to Pete's Limousine {Sole Proprietorship} for a period of five {5) years beginning on December 12, 2flfl3, and ending December 11, 2flfl8, and authorizing the operation of three {3) limousines upon City streets, such ordinance being subject to and conditioned upon Pete's Limousine complying with all requirements of Article IV, Chapter 34, of the Gode of the City of Fort Worth {2003}, as amended. DISCUSSION: On November 11, 2003, Pete's Limousine submitted an application to the City to operate a limousine service within the City of Fort Worth. In considering their 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 financially 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: P- F ohahle n~~t~ vC , ~.an rl~~/ an ~ a' r~~ nth~~ S., ~ !'P ~f~.'rc~~-~ ~ o y - ~ ~ .. < .. .. ., .. ~ ~ ~ ~:? h a ,~ ~ ,~ti <. ~ ~ , i a ~~ ~, ~ ~. .. 2• The rirranc~a~~ abrii'y or the applicant to provide ±he service described. and to respond to claims ar judgments arising by reason of business operations, injury to persons. or damage to property resulting from operation of a limousine service. and 3. ... 4. 1 n~rn ui~c~^ i~T>~TC~`G' P TA,~fI stockholders, officers and directors; and 5. The character and past record of the applicant; and, if the applicant be a corporation, of its officers, directors 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 findings, the City Council may also consider as evidence the findings or opinions of the City staff authorized to investigate the subject application. !n this regard, the fal#owing are the findings and opinions of the City staff derived from the review of Pete's Limousine"s application and from the staffs independent investigation: a} Pete's Limousine is qualified and financially able to conduct a limousine service within the City; and b} Pete"s Limousine has complied with the requirements of Chapter 34 of the City Code; and c} Pete's Limousine presented facts showing the demand, need and necessity for three{3} limousines are compelling; and d} The general welfare of the citizens of the City will best be served by the addition of three {3) limousines upon City streets. The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is estimated at $675. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Municipal Court Department is responsible for the collection and deposit of fees due to the City. TO FundlAccount/Centers FROM FundiAccountlCenters GG01 421352 0134010 675.00 Submitted for City Manager's Office b~ Richard Zava(a {Acting} {6183} Originating Department Head: Elsa Paniagua {6711 } Additional Information Contact: Elsa Paniagua {6711} L~>~~narn~: ?~PLIf_: LIMO ,~..,_.. ~, ..~~,