HomeMy WebLinkAboutOrdinance 21302-07-2014 i
ORDINANCE NO. 21302-07-2014
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AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JESSE L. PERRY Jr. d/b/a LIMO-SCENE 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 JESSE L. PERRY Jr. d/b/a LIMO-SCENE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, the City of Fort Worth previously granted JESSE L. PERRY Jr. d/b/a
LIMO-SCENE the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, JESSE L. PERRY Jr. d/b/a LIMO-SCENE has applied for renewal of its j
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operating authority to furnish limousine service on the public streets, alleys, and thoroughfares of
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the City; and,
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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 JESSE L. PERRY Jr. d/b/a LIMO-SCENE; and, j
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
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1. That JESSE L. PERRY Jr. d/b/a LIMO-SCENE has performed satisfactorily
under the terms of its operating authority; j
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 G
amended;
3. That JESSE L. PERRY Jr. d/b/a LIMO-SCENE is qualified and financially
able to efficiently conduct such business to render such service to the public,
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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 f
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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 JESSE L. PERRY Jr. d/b/a LIMO-SCENE continues to comply with the
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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, i
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of THREE (3) LIMOUSINES by JESSE L. PERRY Jr.
d/b/a LIMO-SCENE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
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SECTION 1.
JESSE L. PERRY Jr. d/b/a LIMO-SCENE, a SOLE PROPRIETORSHIP, 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
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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 THREE (3)
LIMOUSINES for a one year period beginning on the effective date.
SECTION 2. P
The findings and recitations contained in the preamble hereof are expressly incorporated j
into and made a part of this ordinance as the findings of the City Council.
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SECTION 3.
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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. f
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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
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ordinances, including but not limited to the Charter of the City of Fort Worth, and all relevant j
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. i
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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 I
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
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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,
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should the City later adopt an ordinance that would change the nature of the rights granted under
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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
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conflict.
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SECTION 7.
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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.
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SECTION 8.
The Company shall be obligated to discharge any claim or judgment against it finally i
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established by law, and the failure to do so for a period of one hundred eighty (180) days shall,
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), 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
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the City of Fort Worth, nor shall the Company sell, transfer, assign, or otherwise encumber its I
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limousine operation without the consent of the Fort Worth City Council. i
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SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
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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.
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SECTION 12.
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The terms and provisions of this ordinance are severable and shall be governed by +
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Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, Texas (1986), as amended.
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SECTION 13. I
The provisions of this ordinance shall be and are hereby declared to be cumulative of all j
provisions of the Code of the City of Fort Worth, Texas (1986), as amended, with respect to the i
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regulation and operation of public limousine service within the City's municipal limits, and, in j
the event of conflict between the provisions of this ordinance and such Code, the provisions of
the City Code shall govern and prevail.
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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.
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SECTION 15.
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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. 1
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.
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SECTION 17.
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This ordinance shall take effect upon adoption; acceptance of the grant and payment of F
the fee by JESSE L. PERRY Jr. d/b/a LIMO-SCENE and publication as required by law.
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APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders Mary"a'y- s&
ASSISTANT CITY ATTORNEY CITY SECRETARY
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ADOPTED: July 15, 2014 '
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EFFECTIVE: �� l
ACCEPTED BY:
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JESSE L.PERRY Jr. d/b/a
LIMO-SCENE I
By: I
Printed Name
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Title
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DATE:!/
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Ordinance No.21302-07-2014
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL'ACTION:. Approved on 7/15/2014 Ordinance.No 21.302 07=2014
.Y
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **G-18248
LOG NAME: 20LIMO SCENE
SUBJECT: !
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Jesse L.
Perry, Jr. d/b/a Limo-Scene, to Operate Three Limousines Within the City of Fort Worth and Adopt
Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
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It is recommended that the City Council:
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1. Consider and adopt the following findings of the Ground Transportation Coordinator: 4
a. Jesse L. Perry, Jr. d/b/a Limo-Scene, has performed satisfactorily under the terms of its
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operating authority;
b. The service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the City Code;
c. Jesse L. Perry, Jr. d/b/a Limo-Scene, is qualified to conduct its business and continues to
comply with the requirements of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation
of three limousines by Jesse L. Perry, Jr. d/b/a Limo-Scene; and
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2. Adopt the attached ordinance granting Jesse L. Perry, Jr. d/b/a Limo-Scene, operating authority for
three limousines on City streets for a one-year period subject to and conditioned on Jesse L. Perry, Jr.
d/b/a Limo-Scene, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort !
Worth (1986), as amended.
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DISCUSSION:
On May 27, 2014, Jesse L. Perry, Jr. d/b/a Limo-Scene (Company) submitted a renewal application
seeking 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 if
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. '
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
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Logname: 20LIMO SCENE Page 1 of 2
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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
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GG01 421352 0201002 $300.00
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
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Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987) j
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Logname: 20LIMO SCENE Page 2 of 2