HomeMy WebLinkAboutOrdinance 17544-05-2007ORDINANCE NO 17544-05-2007
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO LATKO TRANSPORTATION 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
FIVE (5) 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 LATKO
TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Latko Transportation 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 Latko
Transportation 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 five (5) limousines by Latko Transportation
2. That Latko Transportation is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of
five (5) 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 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 five (5) limousines by Latko Transportation
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 Latko Transportation, and any
violations thereof will result in the imposition of penalties as provided by Chapter
34-228
1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH TEXAS
SECTION 1
That Latko Transportation a Limited Partnership with its principal place of business and
its headquarters in 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 in its business of providing public limousine
service within the said City's municipal limits with five (5) limousines for a three year period
beginning on the effective date
SECTION 2.
That 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
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 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 in 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 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
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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 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 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 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
ordinance shall supersede the terms and conditions of this ordinance to the extent they are in
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 8.
That the Company shall be obligated to discharge any claim orjudgment 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 it sell transfer assign or otherwise encumber its
limousine operation without the consent of the City Council of the City of Fort Worth
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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 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
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) 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
SECTION 16.
That this ordinance shall take effect upon adoption acceptance of the grant and
payment of the fee by Latko Transportation. and publication as required by law
4
APPROVED AS TO FORM AND LEGALITY
ASSISTANT CITY ATTO ` NEY
DATE.
ADOPTED May 15, 2007
EFFECTIVE. C,1~.~~
ACCEPTED BY
LATKO T ANSP TATION
By.
Date 5~~~/~~~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/15/2007 Ordinance No 17544-05-2007
DATE Tuesday May 15 2007
LOG NAME 38LATK0 TRANS
REFERENCE NO *G-15724
SUBJECT
Consideration of Application and Adoption of Ordinance Granting Operating Authority to Latko
Transportation to Operate Five Limousines upon the Streets Alleys and Public Thoroughfares of the
City of Fort Worth
RECOMMENDATION
It is recommended that the City Council
1 Consider and adopt the findings and opinions of the City staff as presented herein
2. Find that the public necessity and convenience require the operation of five limousines upon the city
streets, alleys, and thoroughfares, and
3 Adopt the attached ordinance granting operating authority to Latko Transportation for a period of three
years authorizing the operation of five limousines upon city streets, such ordinance being subject to and
conditioned upon Latko Transportation complying with all requirements of Article VI Chapter 34 of the
Code of the City of Fort Worth (1986) as amended
DISCUSSION
On April 12, 2007 Latko Transportation (Company) submitted an application to the City to operate a
limousine service within the city of Fort Worth
In considering the Company's application the City Council pursuant to Article VI Chapter 34 Section 34-
204 of the City Code, must determine whether or not the public necessity and convenience require the
operation of such vehicles for hire and whether or not the applicant is qualified and financially able to
efficiently conduct business and render such service to the public. In determining whether or not the grant of
privilege should be made the City Council 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,
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-enumerated
items as applied to each of the stockholders, officers, members and directors;
Logname. 38LATK0 TRANS Page 1 of 2
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.
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
staff authorized to investigate the subject application The following findings and City staff opinions are
derived from the review of the Company's application and from staffs independent staff investigation
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 five limousines, and
d) The general welfare of the citizens of the city will best be served by the addition of five limousines upon
city streets, alleys and thoroughfares
The three year period shall commence on the effective date which shall be the first day following
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.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34 is
estimated at $275 00
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due
to the City
TO Fund/AccountlCenters FROM Fund/Account/Centers
GG01 421352 0134010 275.00
Submitted for City Manager's Office b~ Karen Montgomery (6222)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname• 38LATK0 TRANS Page 2 of 2