HomeMy WebLinkAboutOrdinance 21133-03-2014 ORDINANCE NO. 21133-03-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CONTINENTAL LIMOUSINE, INC. 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 FOUR (4) 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
CONTINENTAL LIMOUSINE, INC.; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted CONTINENTAL
LIMOUSINE, INC. the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, CONTINENTAL LIMOUSINE, INC. 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 CONTINENTAL LIMOUSINE, INC.; 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 CONTINENTAL LIMOUSINE, INC. 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 CONTINENTAL LIMOUSINE, INC. is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting
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of the operation of FOUR (4) 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 CONTINENTAL LIMOUSINE, INC. 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 FOUR (4) LIMOUSINES by CONTINENTAL
LIMOUSINE, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
CONTINENTAL LIMOUSINE, INC., a CORPORATION, with its principal place of
business in FORT WORTH, 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 FOUR (4) 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. 21133-03-2014
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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 same.
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
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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 of the rights granted under
this ordinance, the City reserves the right to cancel or otherwise modify any and all rights
granted under this ordinance and issue a 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 of such later-adopted
ordinance shall supersede the terms and conditions of this ordinance to the extent they are in
conflict.
SECTION 7.
The Company acknowledges that payment of required fees, as specified in Chapter 34 of
the Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising the
privileges granted herein.
SECTION 8.
The Company shall be obligated to discharge any claim or judgment against it finally
established by law, and the failure to do so for a period of one hundred eighty (180) days shall,
ipso facto, 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 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, nor shall the Company sell, transfer, assign, or otherwise encumber its
limousine operation without the consent of the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
Ordinance No.21133-03-2014
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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
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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 CONTINENTAL LIMOUSINE, INC. and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY j 1) K e
,1� r -
CITY SECi(ETARY
ADOPTED: March 4, 2014
EFFECTIVE:
ACCEPTED BY:
CONTINENTAL LIMOUSINE, INC.
By:
Pri —e-d a', e
Signature
Title
DATE:
Ordinance No.21133-03-2014
Page 6 of 6
Ground Transportation Coox•dinator Findinu 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 3/4/2014 - Ordinance No. 21133-03-2014
DATE: Tuesday, March 04, 2014 REFERENCE NO.: **G-18129
LOG NAME: 2000NTINIENTAL
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Continental
Limousine, Inc., to Operate Four 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 four limousines upon
the City streets, alleys and thoroughfares;
b. Continental Limousine, Inc., is qualified and financially able to conduct a limousine
service within the City;
c. Continental Limousine, Inc., has complied with the requirements of Chapter 34 of the
City Code;
d. Continental Limousine, Inc., presented facts in support of compelling demand and necessity
for four limousines;
e. The general welfare of the citizens of the City will best be served by the addition of four
limousines upon City streets, alleys and thoroughfares; and
2, Adopt the attached ordinance granting Continental Limousine, Inc., operating authority for four
limousines on City streets for a one-year period subject to and conditioned on Continental Limousine, Inc.,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On January 29, 2014, Continental Limousine, Inc. (Company) submitted a renewal application seeking to
operate four 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 Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 2000NTINENTAL 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
Charter of the City of Fort Worth 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
$350.00.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that 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 $350.00
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: 2000NTINENTAL Page 2 of 2
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Corporations Section Hope Andrade
P.O.Box 13697 C I Secretary of state
4 ustin, Texas 78711-3697 LQ
Office of the Secretary of State
CERTIFICATE OF FILING
OF
CONTINENTAL LIMOUSINE, INC.
File Number: 115520500
The undersigned, as Secretary of State of Texas, hereby certifies that the application for reinstatement for
the above named entity has been received in this office and has been found to conform to law. It is fiii-ther
certified that the entity has been reinstated to active status on the records of this office.
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: 11/12/2012
Effective: 11/12/2012
Hope Andrade
Secretary of State
NOV ?'0 20 2
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