HomeMy WebLinkAboutOrdinance 21079-01-2014 ORDINANCE NO. 21079-01-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO PRIME LIMOUSINE, INC. d/b/a PRIME 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 THREE (3) 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 PRIME LIMOUSINE INC. d/b/a PRIME
LIMOUSINE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, PRIME LIMOUSINE INC. d/b/a PRIME LIMOUSINE, has applied for
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 Section 34-204 of the Code of the City of Fort
Worth (1986), as amended, has made Inquiry and investigation into the application of PRIME
LIMOUSINE INC. d/b/a PRIME LIMOUSINE; and,
WHEREAS, Up011 Such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
I The public necessity and convenience require the operation of THREE (3)
LIMOUSINES in the City of Fort Worth;
2. PRIME LIMOUSINE INC. d/b/a PRIME LIMOUSINE is qualified and financially
able to efficiently conduct such business to render SLIch service to the public, consisting
of the operation of THREE (3) 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;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
THREE (3) LIMOUSINES by PRIME LIMOUSINE INC. d/b/a PRIME
LIMOUSINE and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been compiled with by PRIME LIMOUSINE INC. d/b/a PRIME
LIMOUSINE and any violations thereof will result in the imposition of penalties as
provided by Section 34-228 of the City Code of Ordinances.
Ordinance No.2 1 079-0 1-20 1 4
Page I of
NOW, THEREFORE, BEIT ORDAINED 0Y THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
PRIME LIMOUSINE INC. d/0a PRIME LIMOUSINE, a CORPORATION, with its
principal place Of business and its headquarters in CARROLLTON, DlINl[ON COUNTY, TEXAS
hereinafter referred to as ^^Compuoy," is hereby granted operating authority to use the present and future
streots, o/|cy» and public thoroughfares of the City of Fort Worth, Texas, in ito business of providing
public limousine service within the said City's municipal limits with THREE (3) LIMOUSINES for
one year period beginning onthe effective date.
SECTION 2.
The findings and recitations contained in the proumb\c hereof are expressly incorporated into and
made u part of this ordinance us the findings of the City Council.
SECTION 3.
The Company, as holder of the grant, and the Company's operations hereunder, shall be governed
u1aU times by the provisions of state and federal laws and regulations and Chapter }4of the Code ofthe
City ofFort. Worth (|g86), usamended.
SECTION 4.
The authority herein granted pho|\ be and remain subject 10 said Company's full, complete and
satisfactory continuing compliance with all federal, state and local }ap/o and ordinances, Including but not
limited to the Charter ofthe City of Fort Worth, and all relevant provisions of Chapter 34, Code of the
City ofFort Worth (|486)` uu amended, and such other ordinances uamay be adopted from dmetntime
by the City Council governing and regulating the operation OfliMOLISines in the City of Fort Worth.
SECTIONS.
The Company uoknnp/|edgum that the City of Fort Worth aaounes no liability or responsibility in
making this grant, and that by acceptance of this ordinance and grunt, 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 u|uima or suits, expense or liability, for any and all property damage or |nau and/or
personal injury, including death, to any arid all persons, nf whatsoever kind or character, arising Out oFor
Ordinance No. 2|O79'Ul'2U|4
Page 2o[5
in connection with any acts oromissions by Company, its officers, agents, employees, drivers, licensees,
invitees and passengers, in the exercise of the authority granted herein; arid Company ahuU assume all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations ehoU be and remain au6iect
at all times to such reasonable regulation by the City as is or may he necessary to protect the interests of
the general public. As such, the Company understands and acknowledges that during the tmnx of this
ordinance and grant, the City of Fort Worth may adopt such ordinances that further regulate the operation
of the Company's set-vice within the City of Fort Worth, including the amount of fees to be paid; and that
upon the adoption tbcrcv[ the Company shall begin conducting its operations in compliance with the
provisions of such ordinances, Further, should the City later adopt auordinance that would change the
ou1uro of the rights granted under this ordinance, the city reserves the right to cunou} or otherwise modify
any and all rights granted under this ondioumo, and issue u new grunt of operating authority, as long as
Company is not in violation of any provision of Chapter 34 oftbe 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 of such later-adopted ordinance shall
supersede the terms and conditions of this ordinance tothe extent they are inconflict.
SECTION 7.
The Company acknowledges that puyourn1 of required fees, as specified in Chapter 34 of the
Code of the City of Fort Worth, Texas (1986)` as amended, is u requisite to exercising the privileges
granted herein.
SECTION 8.
The Company shall be obligated to discharge any claim or-Judgment against itfiouUyestablished
bv law, and the failure todoao for u period of one hundred eighty (]8O) doyouha||, ipso facto, terminate
all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort VVodh' Texas, (1986)' as amended, the
Company uba|| 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,
Ordinance No. 2|879'V\-20|4
Page 3of5
nor shall the Company yeU' bnnmfcr, oaoi&» or otherwise encumber its limousine operation without the
consent mf the Fort Worth Cti Council.
SECTION 10.
Nothing, herein contained sboU be held or construed to confer upon the Company exclusive rights
or privileges of any nature whatsoever.
SECTION lI.
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 ofthis ordinance are severable and ahu|| be governed by Section 1'5 of
Chapter | of the Code of the City of Fort Worth, Texas (\986). aeamended.
SECTION 13.
The provisions of this ordinance uhu|| be and are hereby declared to be ounuo|xbve 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 u violation exists shall constitute a separate offense. Any
violation of this ordinance shall beuclass C miadoneano,.
SECTION 15.
After adoption of this on]ioaoue. 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 \othe
provisions of this ordinance and grant shall be evidenced by the signature of the Company's authorized
representative on the finuipage of this ordinance.
Ordinunce No, 2\079'01'2014
Page uof5
SECTION 1G.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
penalty of this ordinance for THREE (3) 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
PRIME LIMOUSINE INC. d/b/a PRIME LIMOUSINE, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY �iary J.Ka S,
CITY SECR ARY
ADOPTED: January 7, 2014
ET'FECTIVE:
ACCEPTED BY:
PRIME LIMOUSINE INC. d/b/a PRIME
LIMOUSINE
By:
........ .... ......
Printed "Name
Signature
Title
DATE: J-d'a- I Ll
Ordinarice No. 2 1 079-0 1-20 1 4
Page 5 of 5
Ground Transporta tio n Coordinator Findin_
Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
1. Probable permanency and quality of the service offered by the applicant, the applicant's
experience in rendering such service in the City or similar service elsewhere and the applicant's
past record and experience in adjusting claims and paying judgments, if any, to claimants;
Z. The applicant's financial ability to provide the described service and ability to respond to claims
or judgments arising by reason of business operations, injury to persons, or damage to property
resulting from operation of a limousine service;
3. The character and condition of the vehicles to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and persons with economic interest making such application and each of the above-
numbered items as applied to each of the stockholders, officers, members and directors;
5. The applicant's character and past record and, if the applicant is a corporation or other business
entity, that of its officers,members and stockholders; and
6. Such other information as presented during any public hearing that may bear on the public
necessity and convenience.
.1
Corporations Section E 0 Hope Andrade
Secretary of State
P.O.Box 13697 `� I
Austin,Texas 78711-3697 ZZ
Office of the Secretary of State
CERTIFICATE OF FILING
OF
PRIME LIMOUSINE INC
File Number: 80 1541134
Assumed Name:
PRIME LIMOUSINE
The undersigned, as Secretary of State of Texas, hereby certifies that the assumed name certificate for the
above named entity has been received in this office and filed as provided by law on the date shown below.
ACCORDINGLY the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law hereby issues this Certificate of Filing.
Dated: 02/02/2012
Effective: 02/02/2012
Hope Andrade
Secretary of State
Come visit its on the internet at hap. Aviviv.sos,state.mus/
Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by: WEBSUBSCRIBER TID: 10342 Document:407084870002
City of Dort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/7/2014 Ordinance No. 21079-01-2014
DATE: Tuesday, January 07, 2014 REFERENCE NO.: **G-18101
LOG NAME: 20PRIME LIMOUSINE, INC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Prime Limousine Inc.
d/b/a Prime Limousine, to Operate Three 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 three limousines upon the
City streets, alleys and thoroughfares;
b. Prime Limousine Inc. d/b/a Prime Limousine, is qualified and financially able to conduct a
limousine service within the City;
c. Prime Limousine Inc. d/b/a Prime Limousine, has complied with the requirements of Chapter 34
of the City Code;
d. Prime Limousine Inc. d/b/a Prime Limousine, presented facts in support of compelling demand
and necessity for three limousines;
e. The general welfare of the citizens of the City will best be served by the addition of three limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Prime Limousine Inc. d/b/a Prime Limousine, operating authority
for three limousines on City streets for a one-year period subject to and conditioned on Prime Limousine
Inc. d/b/a Prime Limousine, complying with all requirements of Chapter 34, Article VI of the Code of the
City of Fort Worth (1986), as amended.
DISCUSSION:
On November 11, 2013, Prime Limousine Inc. d/b/a Prime Limousine submitted an application requesting
authority to operate three 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 34-204, 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 Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
L,ogname: 20PRIME LIMOUSINE, INC 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 revenues from the collection of applicable fees under Chapter 34 is estimated to be
in the amount of$300.00,
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 421352 0201002 $300.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originatinq Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20PRIME LIMOUSINE, INC Page 2 of 2