HomeMy WebLinkAboutOrdinance 21065-12-2013 ORDINANCE NO. 21065-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO LIMO IN DEW 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 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 113Y LIMO IN DFW;
PROVIDING FOR PUBL.IC:ATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted LIMO IN DFW the authority to operate
a limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, LIMO IN DFW 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
LIMO IN DFW; 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 LIMO IN DFW 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 LIMO IN DEW is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation of TWO (2)
L.IMOUS:INES 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 LIMO IN DFW 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
Ordinance No.21065-12-2013
Page J of 5
will result in the imposition of penalties as provided by Section 34-228 of the City Code
VfDrdinununs� and,
5. That the general welfare of the citizens of Port Worth will best be served by the
continued operation of TWO 0LIMOUSQNESby LIMO lN DFW.
NOW, THEREFORE, 0EIT ORDAINED BYTHE CITY COUNCIL OF THE CITY 0F
FORT WORTH,TEXAS THAT:
SECTION 1.
LIMO IN 0FW, A GICN|ORAK, PARTNERSHIP, with its principal place of business in
]0B0I/OIWD, TARRANT COUNTY, TEXAS, hereinafter referred 10 as "^Cocnpuny," is bcrcbY granted
operating authority to use the present and future arroors, u||e9r 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 TWO (2) LIMOUSINES for a one year period beginning on the effective date.
SECTION 2.
The Gudio�aand recitations contained in the preombie hereof are expressly incorporated into and
made o part of this ordinance usthe findings of the City Council.
SECTION 3.
The Company, as holder nfthe grant, and the Company's operations hereunder, obul| be governed
at all times by tile provisions ofstate and federal laws and regulations and Chapter 34 of the Code ofthe
City Vf Fort Worth, Texas (|g86). usamwnded.
SECTION 4.
The authority heroin granted ahu|| be and recnoh` sub ec| to said Company's full, complete, and
satisfactory continuing compliance with all federal, state, and |oou) laws and ordinances, including but not
limited to the Charter of the City of Fort VVorth, and all relevant provisions of Chapter 34, Code of the
City of Fort Worth, Texas (1986), as amended, and Such other ordinances as inay be adopted from time to
tirne 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 YVodb oosunoex no liability or responsibility in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to
Ordinance No.2|06}'|2-20|3
Page 2o(J
indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and
against any and all duinm or suits, expense or liability, for unyand all property damage or |oay and/or
personal injury, including death, to any and u|| persons, of whatsoever- kind or character, arising out of or
in connection with any acts oromiauionobyCompany, its officers, agents, employees, drivers, |icunaoom
invitees and passengers, in the exercise mf the authority granted herein; and Company shall assume all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property, arid operations shall be and remain subject
at all times to such rcoannub|e regulation by the City us is or may be necessary to pnatonL the interests of
the general public. As Such, the Company understands and ucknmvv|cdgco 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 tbcreof, the Company abnU begin conducting its operations in cnmpD0000 with the
provisions ofauuh ordinances. Further, should the City Later adopt an ordinance that *nu]d change the
nature of the rights granted Under this ordinance, the City reserves the right to cancel or otherwise rnodify
any and all rights granted under this ordinance and issue u 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 conflict with the
provisions of any such ordinance adopted by the City, the provisions ofsuch later-adopted ordinance shall
xnpcmode the terms and conditions of this ordinance to the extent they are inconflict.
SECTION 7.
The Company acknowledges that payment of required fens, as specified in Chapter 34 of the
Code of the City of Fort VVoob, Texas (1986), as amended, in u requisite to exercising the privileges
granted herein.
SECTION 8.
The Company obnU bcob\i�ut�d to discharge any c|u\m or 'od�m�nt o�aivat it finally established
by law, and the failure to doso for u period of one hundred ciohn/ (18O) days shall, ipou /�c/o terminate
all authority Linder this grant.
Ordinance No.2iVh5-lz'z0|]
Page n[5
SECTION 9.
Pursuant to Chapter- 34 of the Code of the City of Fort Worth, Texas, (1986), as amended, the
Company ahn|| not sell, convey, or transfer this grant mf 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-, asaign, or otherwise enoumbcr its limousine operation without the
consent of the Fort Worth City Council.
SECTION lO.
Nothing herein contained uba|| be held or construed {o confer upon the Company exclusive rights
or privileges of any nature whatsoever.
SECTION ll.
Any suspension or revocation of the privileges granted herein may he accomplished under the
applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 12.
The teonaand provisions o[this ordinance are severable and sbu|| be governed by Section 1'5 of
Chapter of the Code of the City of Fort Worth, Texas(l9O6), asamended.
SECTION 13.
The provisions of this ordinance shall be and are hereby declared to be oomu|utive of all
provisions of the Code of the City of Fort VVnrtk Texas (1986), as amended, with respect to the
regulation and operation of public |icnouyinc service within the City's nnuoicipu| limits, arid, 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.
& penalty may be imposed for violations of this ordinance in an amount not to exceed five
hundred dollars ($500.00). Each day that n violation oziyta uboU constitute u separate offense. Any
violation of this ordinance shall hoo class Cmisdemeanor.
SECTION 15,
After adoption of this ordinance, Company ohoU pay all required fees and file with the City
Secretary written acceptance ofthetennu arid provisions hereof. Such acceptance ofand agreement tothe
Ordinance No. 21065-t2-2013
Page 4o[5
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 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,
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
LIMO IN DFW and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
-Nom....
ASSISTANT CITY ATTORNEY a y J. Kays r
V RY
CITY SECR9,
ADOPTED: December 17, 2013
EFFECTIVE:
ACCEPTED BY:
LIMO IN DEW
A General Partnership
Zj
Printed Name
Signature
—–---------------
Title
DATE:
Ordinance No.21065-12-2013
Page 5 of 5
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
..........
COUNCIL ACTION: Approved on 12/17/2013 - Ordinance No. 21065-12-2013
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DATE: Tuesday, December 17, 2013 REFERENCE NO.: **G-18087
LOG NAME: 20LIMOUSINE IN DFW
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Limo in DFW,
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 public necessity and convenience require the operation of two limousines upon the streets,
alleys and thoroughfares in the City of Fort Worth (City);
b. Limo in DFW is qualified and financially able to conduct a limousine service within the City;
c. Limo in DFW has complied with the requirements of Chapter 34 of the City Code;
d. Limo in DFW presented facts in support of compelling demand and necessity for two
limousines; and
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.
2. Adopt the attached ordinance granting Limo in DFW operating authority for two limousines on City
streets for a one-year period subject to and conditioned on Limo in DFW complying with all requirements
of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Limo in DFW (Company), was granted operating authority for one limousine on September 18, 2012 (M&C
G-17666, Ordinance No. 20387-09-2012). The initial operating authority was for a period of one-year. On
November 25, 2013, the Company submitted a renewal application seeking to operate two 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
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.
Logname: 20LIMOUSINE IN DFW Page 1 of 2
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 $250.00.
FISCAL INFORMATION / 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/AccounVCenters FROM Fund/Account/Centers
GG01 421352 0201002 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Doug W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20LIMOUSINE IN DFW Page 2 of 2