HomeMy WebLinkAboutOrdinance 17026-07-2006ORDINANCE NO. 17026-07 2006
AN ORDINANCE GRANTING TO ADAMS LIMOUSINE SERVICE THE
PRIVILEGE TO USE 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 PERIOD BEGINNING
ON JULY 11, 2006, AND ENDING ON JULY 10, 2009• SPECIFYING THE
TERMS AND CONDITIONS OF THE GRANT PROVIDING A
SEVERABILITY CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES, PROVIDING FOR WRITTEN
ACCEPTANCE BY ADAMS LIMOUSINE SERVICE, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS Adams Ltmousine Servtce has applied for the privilege to furnish limousine
Servtce on the publtc 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 tnvesttgatton into the application of
Adams Ltmoustne Servtce, and
WHEREAS upon such inquiry and tnvesttgatton and after thorough consideration of all
the facts made available to tt, the Ctty Council finds.
That the publtc necessity and convenience require the operatton to the Ctty of Fort
Worth of four (4) limousines by Adams Ltmousine Servtce;
2 That Adams Ltmoustne Servtce is qualified and financially able to efficiently
conduct such business to render such Servtce to the public, consisting of the
operation of four (4) limousines upon the publtc streets, alleys and thoroughfares
of the City of Fort Worth for the penod begimm~g on July 11 2006 and exptrtng
July 10 2009-
3 That the general welfare of the citizens of Fort Worth will best be served by the
operatton of four (4) limousines by Adams Ltmousine Service;
and
4 That all other requirements of Chapter 34 of the Code of the Ctty of Fort Worth
(1986), as amended, have been complied with by Adams Ltmoustne Service.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
That Adams Limousine Service a Sole Proprietorship with its principal place of business
and its headquarters in the City of Arlington, Tarrant County Texas, hereinafter referred to as
`Company" is hereby granted the privilege 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 Crty's municipal limits with four (4) limousines for the period
beginning July 11 2006, and expinng July 10 2009
SECTION 2.
That the findings and recitations contained in the preamble hereof aze 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 privilege 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
rdinances as maybe 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 chazacter arising out of or in connection with any acts or omissions by
2
Company its officers, agents, employees, drivers, licensees, invitees and passengers, in the
exercise of the privileges 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 Mmes 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 street rental 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 operating authority as long as
Company is not in violation of any provision of Chapter 34 of the Code of the Crty 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.
SECTION 7
That the Company acknowledges that payment of an annual `street rental fee, 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
3
That pursuant to Chapter 34 of the Code of the Crty of Fort Worth, Texas, (1986), as
amended, the Company shall not sell, convey or transfer this grant of privilege 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.
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,
to 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.
That within ten (10) days after adoption of this ordinance, Company shall 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.
4
SECTION 15.
That this ordinance shall be in full force and effect from the date of its adoption and
acceptance as hereinabove provided and after it has been published once a week for four
consecutive weeks within a thirty day penod m the official newspaper of the Crty
APPROVED AS TO FORM AND LEGALITY
ASSISTA T CITY ATTORNEY
DATE ~-~ 3 f c1
ADOPTED July 11 2006
' y -~---.~_~.--~ _- - -
EFFECTIVE ~~
ACCEPTEp BY
ADAMS LIMOUSINE SERVICE
By~
Date "7 ~~~ F d
5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/11/2006 Ordinance No 17026-07 2006
DATE Tuesday July 11 2006
LOG NAME 38ADAMS LIMO REFERENCE NO *G-15266
SUBJECT
Consideration of Application and Adopt Ordinance Granting Privilege to Adams Limousine Service
to Operate Four Limousines upon the Streets Alleys and Public Thoroughfares of the City of Fort
wortn
RECOMMENDATION
It is recommended that the City Council
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 four limousines upon the city
streets alley and thoroughfares and
3 Adopt the attached ordinance granting privilege to Adams Limousine Service for a period of
three years beginning July 11 2006 and expiring July 10 2009 and authorizing the operation of four
limousines upon city streets such ordinance being subject to and conditioned upon Adams Limousine
Service complying with all requirements of Article VI Chapter 34 of the Code of the City of Fort Worth
(1986) as amended
DISCUSSION
On June 6 2006 Adams Limousine Service (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 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 such business
and to render such service to the public. In determining whether or not the grant 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 the qualification of the officers, directors and persons with economic
interest making such application and each of the above-enumerated items as applied to each of the
Logname 38ADAMS LIMO Page 1 of 2
stockholders officers and directors
5 The applicant's character and past record and if the applicant is a corporation that of its officers
directors and stockholders, and
6 Such other information as presented during any public hearing that may bear on the public need and
necessity
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 In this regard the following are the findings and
opinions of the City staff derived from the review of the Company's application and from the staffs
independent 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 the 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 potential annual revenues from the collection of applicable fees as authorized in Chapter 34 is
estimated at $250 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/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 250.00
Submitted for City Manager's Office b~ Richard Zavala (Acting) (6222)
Originating_Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38ADAMS LIMO Page 2 of 2