HomeMy WebLinkAboutOrdinance 21212-04-2014 ORDINANCE NO. 21212-04-2014
AN ORDINANCE; GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JERRY ANDREW HARRIS and RUBY GILBERT HARRIS
d/b/a HARRIS LIMOUSINES, 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 EFFEC`T'IVE 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 JERRY ANDREW HARRIS and RUBY GILBERT
HARRIS d/b/a HARRIS LIMOUSINES; PROVIDING FOR PUBLICATION;
AND PROVIDDING FOR AN EFFECTIVE DATE.
WHEREAS, JERRY ANDREW .HARRIS and RUBY GILBERT :HARRIS d/b/a
HARRIS LIMOUSINES, 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 JERRY
ANDREW HARRIS and RUBY GILBERT HARRIS d/b/a HARRIS LIMOUSINES; 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 TWO (2)
LIMOUSINES in the City of Fort Worth;
2. JERRY ANDREW HARRIS and RUBY GILBERT HARRIS d/b/a HARRIS
LIMOUSINES is qualified and financially able to efficiently conduct such business
to render such service to the public, consisting of the operation of TWO (2)
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 he served by the operation
of TWO (2) LIMOUSINES by JERRY ANDREW HARRIS and RUBY
GILBERT HARRIS d/b/a HARRIS LIMOUSINES and,
Ordinance No.2.1212-04-20 t4
Page I of 5
4� All other reqLliremeDtS of Chapter 34 of the Code of the City of Fort Worth (1986), as
amoudod, have been compiled with by JERRY ANDREW HARRIS and RUBY
GTL0ERTHABRlSd/b/u HARRIS LIMOUSINES and any violations thereof will
result in the imposition of penalties asprovided by Section 34-228 of the City Code
of Ordinances.
NOW, THEIQEFWRE, BElT ORDAINED 0l' THE CITY COUNCIL OFT0K CITY
OF FORT WORTH, TEXAS THAT:
SECTION l.
JERRY ANDREW HARRIS and RUBY G}LBER7 HARRIS J/b/a HARRIS
LIMOUSINES, u GIIN{CIldJ. PAR1,NlDRSHDP, with its principal place of business and its
headquarters in Ir0lk1, WORTH, TARAANT COUNTY, TEXAS hereinafter referred i" as
^^Company." is hereby granted Vperuhog authority to use the present and future streets, u||eya 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 your period
beginning oothe effective date.
SECTION 2.
The findings and recitations contained in the pn:umb|c horeofuo expressly incorporated into
and made a part of this ordinance xs the fiodingsuf the City Council.
SECTION 3.
The Company, as holder of the grunt, and the Con`puoy`y operations hereunder, ohxi| be
governed at all times by the provisions of state and federal laws and regulations arid Chapter 34 of
the Code oF the City of Fort Worth (lP86), uaamended.
SECTION 4.
The authority herein granted shall be and remain oubjeuL to said Company's full, complete
and satisfactory continuing compliance with all federal, state and local |xv/x and ordinances,
including but not limited to the Charter of the City of Fort VVodb, and all relevant provisions of
Chapter 34, Code of the City of Fort Worth (1986), as amended, arid such other ordinances as may be
adopted from time to time by the Lily Council governing and regulating the operation of|inuouaincs
in the City of Fort Worth.
Ord ioa000 No. 2|2|2'04'Z0|4
Pagcz"fs
SECTION 5.
The Company acknowledges that the City of Fort Worth assumes no liability or
responsibility in making this grunt, and that by ucocptuucc 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 u|| o|oimo or suits, expense or liability, for any and all property
damage or |ooa and/or personal injury, including death-, to any arid all persons, ofwhot000verNod or
character, arising Out OfOr in connection with any acts or omissions by Company, its officers, agents,
employees, drivers, |icooueea, invitees and passengers, io the exercise ofthe authority granted herein;
and Company shall assume all liability and responsibility for xume,
SECTION 6.
The Company acknowledges that its drivers, property and operations ahn|| be and remain
subject utall times to such rouxnnuh|o regulation by the City as is or may be necessary to protect the
interests ofthe 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 Compuny`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 begin conducting its
operations in compliance with the provisions nf such ordinances, Further, should the City later adopt
an ordinance that would change the oaiunr of the rights granted under this ordinance, the city reserves
the right to ouuoe| or otherwise modify any and all rights granted Linder this ordinance and issue
oevgranto[mpeoaiiogauthod|y. uy |oogasCompunyiynotinviu|u\ionofunyprnvisionofChapier
34o[ the Code uf the City offod Worth, Tcxan (i986)` oxunoeoded. }n the event the terms and
conditions of this ordinance are in nooHio| with the provisions of any such ordinance adopted by the
[i/y. the provisions ufsuch later-adopted ordinance shall supersede the tcnnoand conditions ofthis
ordinance twthe extent they are in conflict.
SECTION 7.
The Company acknowledges that payment ofrequircd fees, as specified in Chapter 94 of the
Code ufthe City ofFort Worth, Texas (l986)` uaamended, is requisite to exercising the privileges
granted herein.
SECTION 8.
The Company xbai| be obligated to discharge any c|uinn or judgment against it finally
cmLoh|iobed by law, and the failure to do ao for uperiod of one hundred eighty (180) days shall, ipso
facto, terminate all authority under this grant.
Ordinance No. 2|2\2-04-20|4
Page sofs
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.
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.
Ordinance No.21212-04-2014
Page 4 of 5
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 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 JERRY ANDREW HARRIS and RIJBY GILBERT HARRIS d/b/a HARRIS
LIMOUSINES,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
...........
7"
ASSISTANT CITY ATT6iNEY Mary J. K se�'/�171
CITY SECkAETARY
ADOPTED: Aril 22,2014
EFFECTIVE:
ACCEPTED BY:
JERRY ANDREW HARRIS and RUBY
GILBERT HARRIS d/b/a HARRIS
LIMOUSINES
By:
Printed Name
-—-----------------------
IgM-abre
--–--------------------------------
Title
DATE:
Ordinance No,21212-04-2014
Page 5 of 5
City of Fort Worth, Texas
Mayor and council communication
COUNCIL ACTION': Approved on 4/2212014 - Ordinance No. 21212-04-2014
DATE: Tuesday, April 22, 2014 REFERENCE NO.: **G-18190
LOG NAME: 20HARRIS LIMOUSINES
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Jerry Andrew Harris
and Ruby Gilbert Harris d/b/a Harris Limousines, 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 City streets, alleys and thoroughfares;
b. Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris Limousines
is qualified and financially able to conduct a limousine service within the City;
c. Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris Limousines
has complied with the requirements of Chapter 34 of the City Code;
d. Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris Limousines
presented facts in support of compelling demand and necessity for two limousines;
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; and
2. Adopt the attached ordinance granting Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris
Limousines operating authority for two limousines on City streets for a one year period subject to and
conditioned on Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris Limousines complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On March 18, 2014, Jerry Andrew Harris and Ruby Gilbert Harris d/b/a Harris Limousines (Company)
submitted an application requesting authority 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 34-204, 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.
Lo�;name: 20fIARRIS LIMOUSINES Page I of
........_.................
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 34-2O5of the Code ofOrdinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
in the amount of$25O.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit Vf fees due tothe City.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 02010Q2 $250M
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa (0122)
Originating Department Head: Douglas VVVWensig (7801)
Additional Information Contact: Gerald Taylor (6987)
Ground Transportation Coordinator Finding Factors
Under Section 34-204' io determining whether mnot to recornmend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
l Probable poonnoeony 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 aDphcaot'o
past record and experience in adjusting claims and payingJudgments, 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, i-rijury to persons, or damage to property
resulting from operation ofu limousine service;
3. The character undoondibou "ftbevebic]ezt"heuued;
4, If the applicant isu 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. 7]ie applicant's character and past record and, if the applicant is a cor-poration or other busi�neos
entity, that of its officers,members and stockholders; and
6, Such other information as proecuh:d during any public 6oucioA that may bear on the public
necessity and convenience.
MARY LOUISE GARC//\
COUNTY CLERK
200 Taylor St., Suite 301 Fort Worth, TX 76102
PHONE (817) 884-1550
Certificate of Assumed Name
File#A214004390
1, MARY LOUISE GARCIA, County Clerk of the County of TARRANT COUNTY, do hereby certify that
JERRY ANDREW HARRIS, RUBY G|LBERTHARRIS
has filed in the office of the County Clerk onthe 03/2812014 o certificate setting forth the name of
HARRIS LIMOUSINES
6500 YORKSHIRE, FORTH WORTH TEXAS 7G113
under which business is to be conducted or transacted, together with the true full name of each person conducting such
business:
N"����
JERRY ANDREW HARRIS
RUBY G|LBERTHARRIS
V�8Q � A V01�
VW�essmy hand and saa of office, this the n"'` ~ ~ --
MARY UJU|SEGARC|A
| ^ommv
County Clerk, TAR ANT COUNTY, TX
BY Deputy