HomeMy WebLinkAboutOrdinance 21007-10-2013 ORDINANCE NO. 21007-10-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO PARVEN, 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 PARVEN, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, PARVEN, LLC, 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 PARVEN, LLC;
and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
1. The public necessity and convenience require the operation of ONE (1) LIMOUSINE In
the City of Fort Worth;
2, PARVEN, 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 streets, alleys and thoroughfares of the City of Fort Worth for a one (I)
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 Foil 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
ONE (1) LIMOUSINE by PARVEN, LLC; and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by PARVEN, LLC 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. 21007-10-2013
Page I of 5
NOW, THEREFORE, BE0[ ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
PARVEN, LLC, a LIMITED LIABILITY COMPANY, with its principal place ofbusiness
and its headquarters in RICB8A|0DSON, DALLAS COUNTY, ][0XAQ hereinafter referred to as
^^C000puuy," is hereby granted operating uuthonityto use the present and future streets, u|!eya and public
thoroughfares of the City of Fort Worth, Texas, in its business of providing public |inu*uaioe service
within the said City's nouoioipu) |iodtm with ONE (1) LIMOUSINE for one year period beginning on
the effective date.
SECTION 2'
The findings and recitations contained iu the preamble hereof are expressly incorporated into and
made a part of this ordinance uy the fiodiogxof the City Council.
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()986)`omamended.
SECTION 4.
The authority herein grouted obaU he and cerouio 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 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 ofFort Worth assumes no liability or responsibility in
making this grant, and that by uooeptnuoe of this ordinance and grant, Company hereby agrees to
indemnify, hold buoo|ooy and defend the City of Fort Worth, its officers, agents, and employees, from and
against any and all claims or suits, expense orliability, 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 oromissions by Company, its officers, agents, employees, drivers, |iueoocex`
Ordinance No. 21007-10'2013
Page 2vf5
invitees and passengers, in the exercise of the authority granted herein; and Company mbaU assume all
liability and responsibility for same.
SECTION 6,.
The Company acknowledges that its drivers, property and operations shall be and rernain subject
at all iioons to such reasonable regulation by the City as is or may bc 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
o[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 mbyU begin conducting its operations in compliance with the
provisions of such on1iunooc*. Further, should the City \xiex adopt an ordinance that would change the
nature of the rights granted under this ordinance, the city reserves the right to ouooe| or otherwise modify
any and all rights granted under this ordinance and iaoc u new grant of operating authority, as long as
Company im not iu violation of any provision of Chapter 34o[the Code of the City n[Fort Worth, Texas
(1986)` as nnoeoded. In the nvru\ the terms and conditions of this ordinance are in conflict with the
provisions uf any such ordinance adopted by the City, the provisions of such later-adopted ordinance shall
supersede the terms and conditions of this ordinance to the extent they are ioconflict.
SECTION 7.
The Company acknowledges that payment of required fees, as specified in Chapter 34 of the
Code of the City wfFort Worth, Texas (1986), as amended, is u requisite to exercising the privileges
granted herein.
SECTION @.
The Company shall be obligated to discharge any claim or judgment against i\ fiouUyestablished
by \uvv' and the failure to du ov for period ofone hundred eighty (180) days obul|, ipso facto, terminate
all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986)` on uroeoded, the
Company abaU not moU, convey or transfer this gmor of operating uu(bod/y to any other person, finn or
corporation without the prior formal consent and approval o[the City Council o[the City of Fort Worth,
nor shall the Company sell, transfer, assign oc otherwise encumber Its limousine operation without the
consent nf the Fort Worth City Council.
Ordinance No. 2l0O7-l8'20l3
Page 3nf'5
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights
ur privileges of any nature whatsoever.
SECTION 11.
Any xuop000iun or revocation of the privileges granted herein may be accomplished under the
applicable provisions o[Chapter 34of the Code of the City of Fort Worth, Texas(]98b)' uxamended.
SECTION 12.
The terms and provisions of this ordinance are severable and yba}| be governed by 3coboo 1-5 of
Chapter ] nf the Code uf the City of Fort Worth, Texas(>986), umamended.
SECTION 13.
The provisions ofttbx ordinance nbaU be and are hereby declared to be euouulmtive of all
provisions of the Code of the City of Fort VVodh` Texas (1986), as amended, with respect to the
regulation and operation of public }ioomuoioe service vvi1kiu 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.
/\ 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 sbuU constitute a separate offense. Any
violation of this ordinance shall bea class Cmisdemeanor.
SECTION 15.
}\fte, adoption of this ordinance, Company shall pay all required 5:em and file with the City
Secretary written acceptance ofthe terms and provisions hereof. Such acceptance of and agreement tothe
provisions oftbio ordinance and grant shall he evidenced by the signature of the Company's authorized
representative ou the final page of this ordinance.
SECTION 16'
The City Secretary of the City of Foil Worth, Texas, is hereby directed to publish the caption and
penalty of this ordinance for two (2) days in the otOoio| newspaper of the City of Fort Worth, Texas, as
Ordinance No. 2|OU7')0'ZOl}
Page 4nf5
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
PARVEN, LLC,and publication as required by law,
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY ary J. Xaikskr'
CITY SECRETARY
ADOPTED: October 22 2013
44
41 . . ....
EFFECTIVE:
ACCEPTED BY:
PARVEN, LLC
By:
Printed Narne
ro
S i gnatue
Title
DATE:
Ordinance No. 21007-10-2013
Page,5 of 5
Ground Transportation Coordinator Finding 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;
2. 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.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL,ACTION: Approved on 10/22/2013 - Ordinance No. 21007-10-2013
DATE: Tuesday, October 22, 2013 REFERENCE NO.: **G-18044
LOG NAME: 20PARVEN, LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Parven, 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
City streets, alleys and thoroughfares;
b. Parven, LLC, is qualified and financially able to conduct a limousine service within the City;
c. Parven, LLC, has complied with the requirements of Chapter 34 of the City Code;
d. Parven, LLC, presented facts in support of compelling demand and necessity for one limousine;
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; and
2. Adopt the attached ordinance granting Parven, LLC, operating authority for one limousine on City
streets for a one-year period subject to and conditioned on Parven, LLC, complying with all requirements
of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On October 1, 2013, Parven, LLC, submitted an application requesting authority to operate one luxury
truck 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 34-204, 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.
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.
Logname: 20PARVEN, LLC Page 1 of 2
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
in the amount of $200.00.
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
GGOI 421352 0201002 $200.00
CERTIFICATIONS:
Submitted for City Manner's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20PARVEN, LLC Page 2 of 2