HomeMy WebLinkAboutOrdinance 21066-12-2013 ORDINANCE NO. 21066-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO WALSH INTEGRITY INVESTMENTS, LLC d/b/a
AIRCAR 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 TWENTY (20) LIMOUSINES FOR A ONE (1) 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 WALSH INTEGRITY
INVESTMENTS, LLC d/b/a AIRCAR; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted WALSH INTEGRITY
INVESTMENTS, LLC d/b/a AIRCAR the authority to operate a limousine service on the
public streets, alleys, and thoroughfares of the City; arid,
WHEREAS, WALSH INTEGRITY INVESTMENTS, LLC d1b/a AIRCAR 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 WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
I That WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR has
performed satisfactorily under the terms of its operating authority;
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;
3. That WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR is
qualified and financially able to efficiently conduct such business to render such
Ordinance No.2 1 066-1 2-20 1 3
Pagel of
service to the public, consisting of the operation of TWENTY (20)
LIMOUSINES upon the public streets, alleys and thoroughfares of the City of
Fort Worth for a one (1) 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 WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR continues
to comply with the requirements of Chapter 34 of the Code of the City of Foil
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 TWENTY (20) LIMOUSINES by WALSH
INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR, a LIMITED
LIABILITY COMPANY, with its principal place of business in BEDFORD, TARRANT
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 TWENTY (20) LIMOUSINES for a one year period beginning on the effective
date.
SECTION 2.
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.
Ordinance No.21066-12-2013
Page 2 of 6
SECTION 3.
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 (1986), as amended.
SECTION 4.
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 goveming and
regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
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 6.
The Company acknowledges that its drivers, property, and operations shall be and remain
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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 fin-ther 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 shalt
Ordinance No.21066-12-2013
Page 3 of 6
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 nfthe rights granted under
this ordinance, the City reserves the right to oaooc} or 0t6ervvioc modify any and all riob1a
granted under this ordinance and issue a new grant of operating authority, as long as Company is
riot in violation nf any provision 0f Chapter 34 of the Code of the City of Fort 9/0db, Texas
(1086), as amended. In the event the terms and conditions of this ordinance are in oOotTict with
the provisions of any such 0»diumooe adopted by the City, tire provisions of such later-adopted
ordinance ohoU supersede the terms and conditions of this 0n]ima000 to the extent they are in
conflict.
SECTION 7.
The C0nqzaoy acl�novv|cdgcS that payment ofrequired fees, as specified in Chapter 34 of
the Code of the City of Fort Worth, Texas (1986)` as amended, is a requisite 10 exercising the
privileges granted herein.
SECTION 8'
The Company shall be obligated to discharge any o|oino or judgment against it finally
raiuh|ishcd by lovv` and the failure t0 do 30 for aperiod of one hundred eighty (180) days shalt,
i o tac/u, tennioe1eu[| authori1yuoder1hisgJaot.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Foil Worth, Texas, (1986), as arnended,
the Company shall not ocU` convey, or 1roos6:r this grant of operating authority 10 any other
person, firm, or corporation without the prior format 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 0fthe Fort Wnoh City Council,
SECTION 10.
Nothing herein ono1aiord abo]| be field or construed t0 confer upon the Company
exclusive rights 0zyrivilc�eoof any nature whatsoever.
Ordinance No,z|060-|Z-20|3
Page 4nf6
SECTION 11.
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.
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.
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.
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.
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
XXV of the Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
Ordinance No.21066-12-2013
Page 5 of 6
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by WALSH INTEGRITY INVESTMENTS, LLC d/b/a AIRCAR and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
.. ..............
a -y Kai ,s
ASSISTANT CITY ATTORNEY
CITY SEC NARY
ADOPTED: December 1.7, 20 jj
EFFECTIVE:
ACCEPTED BY:
WALSH. INTEGRITY INVESTMENTS,
LLC d/b/a AIRCAR
Pr Narne
............ ----- .......
Signature
P v
c r
AIZ,
Title
DATE:
Ordinance No. 21066-1.2-2013
Page 6 of 6
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,
I I ings,
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
COUNCIL ACTION: Approved on 12/17/2013 - Ordinance No. 21066-12-2013
DATE: Tuesday, December 17, 2013 REFERENCE NO.: **G-18089
LOG NAME: 20WALSH INTEGRITY INVESTMENTS
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Walsh Integrity
Investments, LLC d/b/a AirCar, to Operate Twenty 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 twenty limousines upon the streets,
alleys and thoroughfares in the City of Fort Worth (City);
b. Walsh Integrity Investments, LLC d/b/a AirCar is qualified and financially able to conduct a
limousine service within the City;
c. Walsh Integrity Investments, LLC d/b/a AirCar has complied with the requirements of Chapter 34
of the City Code;
d. Walsh Integrity Investments, LLC d/b/a AirCar presented facts in support of compelling demand
and necessity for twenty limousines; and
e. The general welfare of the citizens of the City will best be served by the addition of twenty
limousines upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Walsh Integrity Investments, LLC d/b/a AirCar operating
authority for twenty limousines on City streets for a one-year period subject to and conditioned on Walsh
Integrity Investments, LLC d/b/a AirCar complying with all requirements of Chapter 34, Article VI of the
Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Walsh Integrity Investments, LLC d/b/a AirCar (Company), was granted operating authority for 20
limousines on October 12, 2010 (M&C G-17079, Ordinance No. 19392). The initial operating authority
was for a period of three years. On December 3, 2013, the Company submitted a renewal application
seeking to operate 20 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, the Ground Transportation Coordinator used the
L,ogname: 20Walsh Integrity Investments Page I of 2
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Finding Factors are attached to this Mayor and Council
Communication (M&C) and are incorporated into this K8&C for all purposes.
The one-year period shall commence on the effective d@te, which shall be upon acceptance by the
grantee and completion of the publication requir8ment, in accordance with Chapter)0(V. Section 2 of the
City Charter and Section 34-2O5nf the Code 0fOrdinances.
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be in
the amount 0f $1.15O.00
FISCAL INFORMATION / .
The Financial Management Services Director corUfkan that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND GG01 421352 0201002 $1,15&00
.
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa (0122)
Originating Department Head: Douglas W. Wieraig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logonzoe: 20Wo]xh Integrity lovcstmroto N�u2o{2