HomeMy WebLinkAboutOrdinance 18532-04-2009ORDINANCE NO 18532-04-2009
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO X-QUIZIT TRANSPORTATION 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 THREE
(3) 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 X-QUIZIT TRANSPORTATION LLC
PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, X-QUIZIT TRANSPORTATION 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 X-QUIZIT
TRANSPORTATION LLC and,
WHEREAS upon such inquiry and investigation and after thorough consideration of all the
facts made available to rt, the City Council finds
1 That the public necessity and convenience require the operation m the City of Fort
Worth of SEVEN (7) LIMOUSINES
2. That X-QUIZIT TRANSPORTATION 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 three (3) 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 That the general welfare of the citizens of Fort Worth will best be served by the
operation of SEVEN (7) LIMOUSINES by X-QUIZIT TRANSPORTATION LLC
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and,
4 That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986),
as amended; have been complied with by X-QUIZIT TRANSPORTATION LLC,
and any violations thereof will result m the imposition of penalties as provided by
Section 34-228 of the City Code of Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1
That X-QUIZIT TRANSPORTATION LLC, a Corporation with rts principal place of
business and its headquarters m HURST 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, m its business of providing public hmousme
service within the said City's municipal limits with SEVEN (7) LIMOUSINES for a three year period
beginning on the effective date.
SECTION 2.
That the findings and recitations contained m the preamble hereof are expressly incorporated
into and made a part of this ordinance as the findings of the City Council
SECTION 3.
That 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 (1986), as amended.
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SECTION 4
That 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 (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 m the
City of Fort Worth.
SECTION 5.
That the Company acknowledges that the Crty of Fort Worth assumes no liability or
responsibility m making this grant, and that by acceptance of this ordinance and grant, Company
hereby agrees to indemmfy 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 m~ury mcludmg death, to any and all persons, of whatsoever kind or
character arising out of or m connection with any acts or omissions by Company its officers, agents,
employees, drivers, licensees, invitees and passengers, m the exercise of the authority granted herein,
and Company shall assume all liability and responsibility for same.
SECTION 6.
That 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 Crty of Fort Worth may adopt such ordinances that further
regulate the operation of the Company's service within the Crty of Fort Worth, mcludmg the amount
of fees to be paid, and that upon the adoption thereof, the Company shall begin conducting its
operations m 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
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the Code of the City of Fort Worth, Texas (1986) as amended. In the event the terms and conditions
of this ordinance are m conflict with the provisions of any such ordinance adopted by the Crty the
provisions of such ordinance shall supersede the terms and conditions of this ordinance to the extent
they are m conflict.
SECTION 7
That 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 S.
That the Company shall be obligated to discharge any claim or judgment against rt 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
That 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 poor formal consent and approval of the Crty Council of the Crty 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
That 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
That any suspension or revocation of the privileges granted herein maybe accomplished under
the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended.
SECTION 12.
That 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.
That 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, m 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 m an amount not to exceed five
hundred dollars ($500) Each day that a violation exists shall constitute a separate offense. Any
violation of this ordinance shall be a class C misdemeanor
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.
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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 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 X-QUIZIT TRANSPORTATION LLC and publication as required bylaw
APPROVED
AND LEGALITY
ASSISTANT C~'>~' ATTORNEY
DATE
ADOPTED Apri17, 2009
EFFECTIVE ~ O
ACCEPTED BY
X-QUIZIT TRANSPORTATION LLC
DATE ~/~ ~/O 9
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 4/7/2009:; -Ord. No. 18532-04-2009
DATE Tuesday April 07 2009 REFERENCE NO *G-16521
LOG NAME 20X-QUIZIT TRANSPORTATION LLC
SUBJECT
Approve Findings of the Ground Transportation Coordinator Regarding Application of X-Quizit
Transportation LLC to Operate Seven Limousines within the City of Fort Worth and Adopt Ordinance
Granting Such Authority
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 seven limousines upon the City
streets, alleys and thoroughfares,
b X-Quizit Transportation LLC is qualified and financially able to conduct a limousine service within
the City
c X-Quizit Transportation LLC has complied with the requirements of Chapter 34 of the City Code
d X-Quizit Transportation LLC presented facts in support of compelling demand and necessity for
seven limousines
e The general welfare of the citizens of the City will best be served by the addition of seven
limousines upon City streets alleys and thoroughfares, and
2 Adopt the attached ordinance granting X-Quizit Transportation LLC operating authority for seven
limousines on City streets for a three year period subject to and conditioned on X-Quizit Transportation
LLC complying with all requirements of Chapter 34 Article VI Division 3 of the Code of the City of Fort
Worth (1986), as amended
DISCUSSION
On February 25 2009 X-Quizit Transportation LLC (Company) submitted an application to the City
requesting authority to operate a limousine service within the City of Fort Worth
Pursuant to Chapter 34 Article VI 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 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
Logname• 20X-QUIZIT TRANSPORTATION LLC Page 1 of 2
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
The Ground Transportation Coordinator recommends approval based on the following findings
a The Company is qualified and financially able to conduct a limousine service within the City•
b The Company has complied with the requirements of Chapter 34 of the City Code
c. The Company presented facts in support of compelling demand and necessity for seven
limousines and
d The general welfare of the citizens of the City will best be served by the addition of seven
limousines upon City streets alleys and thoroughfares
The three 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
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
$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
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 500.00
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
Fernando Costa (6122)
William A. Verkest P E (7801)
Gerald Taylor (6987)
Logname• 20X-QUIZIT TRANSPORTATION LLC Page 2 of 2