HomeMy WebLinkAboutOrdinance 18369-12-2008ORDINANCE NO 18369-12 2008
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO IAN'S LIMOUSINE SERVICE 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
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 IAN'S LIMOUSINE
SERVICE, PROVIDING FOR PUBLICATION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, IAN'S LIMOUSINE SERVICE has applied for operating authonty 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
IAN'S LIMOUSINE SERVICE 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 m the City of Fort
Worth of TWO (2) LIMOUSINES
2 That IAN'S LIMOUSINE SERVICE, 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 three (3) year penod, beginning on
the effective date, which shall be upon acceptance by the grantee and completion
of the publication requirement, as determined by Article XXV Section 2 of the
Charter of the City of Fort Worth,
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of TWO (2) LIMOUSINES by IAN'S LIMOUSINE SERVICE,
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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 IAN'S LIMOUSINE SERVICE,
and any violations thereof will result m the imposition of penalties as provided by
Chapter 34-228
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1.
That IAN'S LIMOUSINE SERVICE, a Sole Proprietorship with its principal place of
business and its headquarters m FORT WORTH, 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 TWO (2)
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.
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
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Chapter 34 Code of the City of Fort Worth (1986}, as amended, and such other ordinances as
maybe 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 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 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 m connection with any acts or omissions by
Company rts 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 rts drivers, property and operations shall be and
remain subject at all times to such reasonable regulation by the Crty as is or maybe necessary to
protect the interests of the general public. As such, the Company understands and acknowledges
that during the terns of this ordinance and grant, the City of Fort Worth may adopt such
ordinances which 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 Crty 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 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 in
conflict.
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SECTION ?
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 8.
That the Company shall be obligated to discharge any claim or~udgment 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 City of Fort Worth, nor shall rt sell, transfer assign or otherwise encumber its
limousine operation without the consent of the City Council of the City of Fort Worth.
SECTION 10
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever
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.
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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 hmousme service wrthm the City's municipal hmrts, and,
m the event of conflict between the provisions of this ordmance 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) 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 wntten 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 authonzed representative on the final page of this ordmance.
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 authonzed by Section 52.013 Texas Local Government Code and section
34-205 of the Code of the City of Fort Worth.
SECTION 17
That this ordmance shall take effect upon adoption, acceptance of the grant and payment
of the fee by IAN'S LIMOUSINE SERVICE and publication as required by law
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APPROVED AS TO FOr/ D L
V
ASSISTANT CIT~~ATTORN~
DATE ~ ~ ~~
ADOPTED December 2.2008
EFFECTIVE ~ece~~ ~.~ ~1 ~ apog
ACCEPTED BY
IAN' LI OUSI RVICE
Date• ~ ~ d
City of Fort Worth, Texas
SUBJECT
Approve the Findings of the Ground Transportation Coordinator Regarding Ian s Limousine
Services Application to Operate Two Limousines Upon the Streets Alleys and Public
Thoroughfares of 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 two limousines upon the City streets
alleys and thoroughfares,
b Ian's Limousine Service is qualified and financially able to conduct a limousine service within the City•
c. Ian's Limousine Service has complied with the requirements of Chapter 34 of the City Code
d Ian's Limousine Service 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 Ian's Limousine Service operating authority for two limousines on
City streets for a three year period if Ian's Limousine Service complies with all requirements of Chapter 34
Article VI Division 3 of the Code of the City of Fort Worth (1986), as amended
DISCUSSION
On September 17 2008 Ian's Limousine Service (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 Division 3 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• 20IANS 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 limousines 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 two limousines and
d 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.
The three year period shall commence on the effective date which shall be upon acceptance by the
grantee and completion of the publication requirement, as required by Chapter XXV Section 2 of the
Charter of the City of Fort Worth
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
$200 00
FISCAL INFORMATION/CERTIFICATION
The Financial Management Services Director certifies that Transportation and Public Works is responsible
for the collection and deposit of fees due to the City
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 200.00
Submitted for City Manager's Office b~ Fernando Costa (6122)
Originating Department Head Greg Simmons (7862)
Additional Information Contact: Mike Robinson (2448)
Gerald Taylor (6987)
Logname 20IANS LIMO Page 2 of 2