HomeMy WebLinkAboutOrdinance 21062-12-2013 ORDINANCE NO. 21062-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ADVANCE TRANSPORTATION SOLUTIONS, LLC
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 ONE (1) LIMOUSINE 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 ADVANCE TRANSPORTATION
SOLUTIONS, LLC; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted ADVANCE
TRANSPORTATION SOLUTIONS, LLC the authority to operate a limousine service on the
public streets, alleys, and thoroughfares of the City; and,
WHEREAS, ADVANCE TRANSPORTATION SOLUTIONS, LLC 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 ADVANCE TRANSPORTATION SOLUTIONS, LLC; arid,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
I That ADVANCE TRANSPORTATION SOLUTIONS, LLC 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 ADVANCE TRANSPORTATION SOLUTIONS, LLC is qualified and
financially able to efficiently conduct such business to render such service to the
public,, consisting of the operation of ONE (1) LIMOUSINE upon the public
Ordinance No.21062-12-2013
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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 ADVANCE TRANSPORTATION SOLUTIONS, LLC 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 ONE (1) LIMOUSINE by ADVANCE
TRANSPORTATION SOLUTIONS, LLC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
ADVANCE TRANSPORTATION SOLUTIONS, LLC, a LIMITED LIABILITY
COMPANY, with its principal place of business in ARLINGTON, 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 ONE
(1) LIMOUSINE 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.2 1 062-1 2-20 1 3
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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 governing 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 sarne.
SECTION 6.
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.
Ordinance No.21062-12-2013
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begin conducting its operations in compliance with the provisions of such 0rdiououc3. Further,
should the City later adopt un ordinance that would change the nature o[the rights granted under
this nndiouocc` the City reserves the right to cancel or m\bcrvvioe modify any and all debto
granted under this ordinance and issue nnew grant Vf operating authority, as long as Company ia
not io violation of any provision K[ Chapter 34 uF the Code of the City of Fort Worth, Texas
(}486), as amended. To the event the terms and conditions of this ordinance are io conflict with
the provisions of any such ordinance adopted by the City, the provisions of such later-adopted
ondi0000c shall supersede the tcona and conditions of this ordinance t0 the extent they are in
conflict.
SECTION 7.
The Company acknowledges that payment Vf required fees, as specified in Chapter 34 of
the Code of the City of Fort YYmdb' Texas (1,986), as amended, is a requisite to exercising the
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privileges granted crc'o.
SECTION 8.
The Company SbaU be obligated to discharge any claim or judgment against it finally
established hy law, and the failure tod000 for o period of one hundred eighty (l80) days shall,
i 0 fao/o, terminate all authority Linder this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended,
the Company shall, not Sc||, 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 Couocil of
the City nf Fort Worth, nor shall the Company sell, transfer, assign, 0, otherwise cocurnber its
limousine operation without the consent Of the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be field or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
Ordinance No. 21062-12'2013
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 I 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
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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.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by ADVANCE TRANSPORTATION SOLUTIONS, LLC and publication as required
by law.
APPROVED AS TO FORM AND LEGALITY:
—A
ASSISTANT CITY ATTORNEY 'Mary J.'K'ay
CITY SECRETARY
ADOPTED: December 17, 2013
F-FFECTIVE:
ACCEPTED BY:
ADVANCE TRANSPORTATION
SOLUTIONS, LLC
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Printe Na e
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Title
DATE:
Ordinance No.21062-12-2013
Page 6 of 6
Ground Transportation Coordinator Finding Factors
Under Section 34-271, subsection (b) in deter-mining 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.I 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. 21062-12-2013
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DATE: Tuesday, December 17, 2013 REFERENCE NO.: **G-18083
LOG NAME: 20ADVANCE TRANSPORTATION SOLUTIONS
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Advance
Transportation Solutions, LLC, to Operate One Limousine 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 one limousine upon the streets,
alleys and thoroughfares in the City of Fort Worth (City);
b. Advance Transportation Solutions, LLC, is qualified and financially able to conduct a limousine
service within the City;
c. Advance Transportation Solutions, LLC, has complied with the requirements of Chapter 34 of the
City Code;
d. Advance Transportation Solutions, LLC, presented facts in support of compelling demand and
necessity for one limousine; and
e. The general welfare of the citizens of the City will best be served by the addition of one limousine
upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Advance Transportation Solutions, LLC, operating authority for
one limousine on City streets for a one-year period subject to and conditioned on Advance Transportation
Solutions, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
DISCUSSION:
Advance Transportation Solutions, LLC (Company), was granted operating authority for three limousines
on September 12, 2012 (M&C G-17705, Ordinance No. 20457-10-2012). The initial operating authority
was for a period of one-year. On November 18, 2013, the Company submitted a renewal application
seeking to operate one limousine 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
Lognarne: 20ADVANCE TRANSPORTATION SOLUTIONS 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 M&C for all purposes.
The one 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 revenue from the collection of applicable fees under Chapter 34 is estimated to be in
the amount of $200.00.
FISCAL INFORMA'T'ION / 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 $200.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20ADVANCETRANSPORTATION SOLUTIONS Page 2 of 2