HomeMy WebLinkAboutOrdinance 21305-07-2014 - I
I
I
I
'ORDINANCE NO. 21305-07-2014
i
I
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING ;
AUTHORITY TO TOWN SQUARE LIMO SERVICE, 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 SEVEN (7) LIMOUSINES FOR A ONE (1) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING
THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING j
A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY
TOWN SQUARE LIMO SERVICE, LLC; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. ff
I
WHEREAS, the City of Fort Worth previously granted TOWN SQUARE LIMO
SERVICE, LLC the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; and, I
I
WHEREAS, TOWN SQUARE LIMO SERVICE, LLC has applied for renewal of its
operating authority to furnish limousine service on the public streets, alleys, and thoroughfares of
the City; and,
i
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 TOWN SQUARE LIMO SERVICE,LLC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all f
the facts made available to it, the City Council finds:
1. That TOWN SQUARE LIMO SERVICE, LLC 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 TOWN SQUARE LIMO SERVICE, LLC is qualified and financially able
to efficiently conduct such business to render such service to the public,
consisting of the operation of SEVEN (7) LIMOUSINES upon the public streets,
alleys and thoroughfares of the City of Fort Worth for a one (1) year period I
beginning on the effective date, which shall be upon acceptance by the grantee I
and completion of the publication requirement as determined by Chapter XXV,
TOWN SQUARE LIMO SERVICE,LLC Page 1 of 5 w
Operating Authority Ordinance(Renewal) Ordinance No.21305-07-2014
I
I
I
I
i
i
Section 2 of the Charter of the City of Fort Worth and Section 34-205 of the City
Code of Ordinances;
4. That TOWN SQUARE LIMO SERVICE, LLC continues to comply with the
I
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 SEVEN (7) LIMOUSINES by TOWN SQUARE LIMO
SERVICE,LLC.
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
TOWN SQUARE LIMO SERVICE, LLC, a LIMITED LIABILITY COMPANY,
with its principal local place of business and its headquarters in DALLAS, DALLAS j
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 SEVEN (7) LIMOUSINES for a one year period beginning on the effective date. !
SECTION 2.
I
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.
i
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. i
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.
i
l
TOWN SQUARE LIMO SERVICE,LLC Page 2 of 5
Operating Authority Ordinance(Renewal) Ordinance No.21305-07-2014
1
i
i
i
I
SECTION 5.
i
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 i
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 j
subject at all times to such reasonable regulation by the City as is or may be necessary to protect j
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 j
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
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.
I
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.
I
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 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
i
i
TOWN SQUARE LIMO SERVICE,LLC Page 3 of 5
Operating Authority Ordinance(Renewal) Ordinance No.21305-07-2014
I
I
i
I
I
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.
f
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company i
exclusive rights or privileges of any nature whatsoever.
I
SECTION 11.
i
Any suspension or revocation of the privileges granted herein may be accomplished 9
under the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended.
SECTION 12. i
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.
I
I
SECTION 15.
That 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
i
caption and penalty of this ordinance for two (2) days in the official newspaper of the City of Fort
i
TOWN SQUARE LIMO SERVICE,LLC Page 4 of 5 j
Operating Authority Ordinance(Renewal) Ordinance No.21305-07-2014 I
f
I
i
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.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by TOWN SQUARE LIMO SERVICE, LLC and publication as required by law.
i
i
APPROVED AS TO FORM AND LEGALITY: 4
I
Charlene Sanders Mary J. f ser
ASSISTANT CITY ATTORNEY CITY SECRETARY
ADOPTED: July 15, 2014
EFFECTIVE: f j
I
ACCEPTED BY:
I
TOWN SQUARE LIMO
SERVICE,LLC j
By:
Printed Name
r I
Signature
ILAAlr
1
Title j
DATE:
I
I
i
I
TOWN SQUARE LIMO SERVICE,LLC Page 5 of 5 I
Operating Authority Ordinance(Renewal) Ordinance No.21305-07-2014
I
f
i
I
City of Fort Worth, Texas
Mayor and Council Communication
I
._ .. ;COUNCIL ACTION ; A�proved.on 7%15/20.1,4. Ordinance No. =21.305-07-`2014-: - ; ;.`-
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **G-18251
I
LOG NAME: 20TOWN SQUARE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Town
Square Limo Service, LLC, to Operate Seven Limousines Within the City of Fort Worth and Adopt i
Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) P
i
I
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
I
a. Town Square Limo Service, LLC, has performed satisfactorily under the terms of its operating
i
authority;
I
b. The service provided continues to meet the public necessity and convenience as defined by
Chapter 34 of the City Code;
c. Town Square Limo Service, LLC, is qualified to conduct its business and continues to comply
with the requirements of Chapter 34 of the City Code;
i
d. The general welfare of the citizens of the City will best be served by the continued operation of
seven,limousines by Town Square Limo Service, LLC; and
2. Adopt the attached ordinance granting Town Square Limo Service, LLC, authority to operate seven !
limousines on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on
Town Square Limo Service, LLC, complying with all requirements of Chapter 34, Article VI of the Code of
the City of Fort Worth (1986), as amended.
I
DISCUSSION:
I
On May 28, 2014, Town Square Limo Service, LLC (Company) submitted a renewal application seeking to
operate seven limousines within the City of Fort Worth. i
P
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City i
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 renewal 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
P
Logname: 20TOWN SQUARE Page 1 of 2 !
4
i
I
City Charter and Section 34-205 of the Code of Ordinances. J
ti
The potential annual revenues from the collection of applicable fees, under Chapter 34, is estimated to be
in the amount of$500.00.
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.
I
FUND CENTERS:
i
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $500.00
I
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Gerald Taylor (6987)
Additional Information Contact: !
i
i
I
i
i
i
I
i
t
I
I
i
Logname: 20TOWN SQUARE Page 2 of 2
i
i
i
Ground Transportation Coordinator Finding Factors
i
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:
I
(1) The holder has performed satisfactorily under the terms of the operating authority;
i
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter. I
i
i
�f
I
C
fP
I
Ih
I`
II
i
v
r
I
F
i
f
1
A
I
i
I
I
! Corporations Section B O John Steen
� .F
P.O.Box 13697 g a� Secretary of State
Austin,Texas 78711-3697
• � I
Office of the Secretary of State
CERTIFICATE OF FILING
OF
6
Town Square Limo Service, LLC.
File Number: 801787286
i
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic Limited Liability Company (LLC) has been received in this office and has been
found to conform to the applicable provisions of law...
I
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested .in the
secretary by law,hereby issues this certificate evidencing filing effective on the date shown below.
I
The issuance of this certificate does not authorize the use of a name in this state in violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or
Professional Name Act,or the common law. I
f
'Dated: 05/20/2013 d
Effective: 05/21/2013
I
I
I
E O
John Steen
Secretary of State
I
I
I
I
Come visit us on the internet at http.Ilmnv.sos.state.ty-us/
Phone:(51 2)463-5555 Fax:(512)463-5709 Dial:7-1-1 for Relay Services I
Prepared by: Clarissa Rodriquez TID:10306 Document:481851070003
i