HomeMy WebLinkAboutOrdinance 18651-06-2009ORDINANCE NO 18651-06-2009
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BOHEMIAN LIMO 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 THREE (3)
YEAR PERIOD BEGINNING ON THE EFFECTIVE DATE SPECIFYING
THE TERMS AND CONDITIONS OF THE GRANT PROVIDING A
SEVERABILITY CLAUSE MAHING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES PROVIDING FOR A PENALTY
PROVIDING FOR WRITTEN ACCEPTANCE BY BOHEMIAN LIMO
PROVIDING FOR PUBLICATION AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, BOHEMIAN LIMO has applied for operating authority to furnish
LIMOUSINE service on the public streets, alleys and thoroughfares of the Crty 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
BOHEMIAN LIMO• and,
WHEREAS upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds
1 That the public necessity and convenience require the operation in the City of Fort
Worth of FOUR (4) LIMOUSINES
2 That BOHEMIAN LIMO is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of
FOUR (4) 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 FOUR (4) LIMOUSINES by BOHEMIAN LIMO
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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 BOHEMIAN LIMO 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 BOHEMIAN LIMO a SOLE PROPRIETORSHIP with its principal place of
business and its headquarters m EULESS, 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 limousine service within the said City's municipal limits with FOUR (4) 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 hmrted 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 Crty Council governing and regulating
the operation of Limousines m the City of Fort Worth.
SECTION 5.
That 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 mdemmfy 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 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.
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 maybe 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 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 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
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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
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 Crty of Fort Worth, Texas (1986), as amended, is a requisite to exercising
the privileges granted herein.
SECTION 8.
That 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
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 prior formal consent and approval of the City
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 Crty 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 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.
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 Crty 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
caprion and penalty of this ordinance for two (2) days m the official newspaper of the Crty 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 BOHEMIAN LIMO and publication as required by law
FORM AND LEGALITY
ASSISTA~I~~CITY TTORNEY
DATE
ADOPTED June 9, 2009
EFFECTIVE ~ a'O U
ACCEPTED BY
BOHEMIAN LIMO
~~~ --~
DATE 7 / ~ , m.~
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City of Fort Worth, Texas
Mayor and Council Communication
~~
COUNCIL ACTION: Approved on 6/9/2009 -Ord`. No. 18fi51-06-2009'
DATE Tuesday June 09 2009 REFERENCE NO *G-16586
LOG NAME 20BOHEMIAN LIMO
SUBJECT
Approve Findings of Ground Transportation Coordinator Regarding Application of Bohemian Limo to
Operate Four 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 four limousines upon the City streets,
alleys and thoroughfares
b Bohemian Limo is qualified and financially able to conduct a limousine service within the City•
c. Bohemian Limo has complied with the requirements of Chapter 34 of the City Code
d Bohemian Limo 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 Bohemian Limo operating authority for four limousines on City
streets for a three year period subject to and conditioned on Bohemian Limo complying with all
requirements of Chapter 34 Article VI of the Code of the City of Fort Worth (1986) as amended
DISCUSSION
On April 27 2004 (M&C G-14343) the City Council authorized a grant of privilege to Bohemian Limo to
operate three limousines on the streets alleys and thoroughfares of the City of Fort Worth (City) On May
7 2009 Bohemian Limo 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 34-204 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
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
Logname• 20BOHEMIAN LIMO Page 1 of 2
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 made the following findings and recommends approval
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 four limousines and
d 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
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
$350 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 0201002 350.00
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 20BOHEMIAN LIMO Page 2 of 2