HomeMy WebLinkAboutOrdinance 17031-07-2006ORDINANCE NO. 17031-07 2006
AN ORDINANCE GRANTING TO SUPERIOR ONE TRANSPORTATION
AND CHARTERS, LLC 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 EIGHTEEN (18) 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 SUPERIOR ONE TRANSPORTATION AND
CHARTERS, LLC AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Superior One Transportation and Charters, LLC has applied for the
privilege 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
Superior One Transportation and Charters, LLC and
WHEREAS, upon such inquiry and tnvestigation and after thorough consideration of all
the facts made available to rt, the Crty Council finds.
That the public necessity and convenience require the operation in the City of Fort
Worth of eighteen (18) limousines by Superior One Transportation and Charters,
LLC
2. That Superior One Transportation and Charters, LLC is qualified and financially
able to efficiently conduct such business to render such service to the public,
consisting of the operation of eighteen (18) limousines upon the public streets,
alleys and thoroughfares of the City of Fort Worth for the period beginning on
July 11 2006 and expiring July 10 2009•
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of eighteen (18) limousines by Superior One Transportation and
Charters, LLC• and
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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 Superior One Transportation
and Charters, LLC
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1.
That Superior One Transportation and Charters, LLC a Limited Liability Company with
rts principal place of business and its headquarters in the Crty Plano, Collor 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, m its business of
providing public limousine service within the said City's municipal lvmts with eighteen (18)
limousines for the penod beginning July 11 2006, and expinng July 10 2009
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 Crty 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
ordinances as maybe adopted from time to time by the City Council governing and regulating the
operation of limousines m the City of Fort Worth.
SECTION 5.
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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, dnvers, 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 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 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 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 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.
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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 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 Crty 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 Citv 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.
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
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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 ordinance.
SECTION 15.
That this ordinance shall be xn 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 period in the official newspaper of the City
APPROVED AS TO FORM AND LEGALITY
ASSISTANT TY ATTORNEY
DATF, ~ I I~~a(,p
ADOPTED- July 11, 2006
EFFECTIVE
ACCEPTED BY
SUPERIOR ONE TRANSPORTATION
AND CHARTERS, LLC
By'
Date.
5
City of Fort Worth, Texas
Mayor and Council Communication
,~
COUNCIL ACTION Approved on 7/11/2006 Ordinance No 17031-07-2006
DATE Tuesday July 11 2006
LOG NAME 38SUPERIOR ONE REFERENCE NO *G-15272
SUBJECT
Consideration of Application and Adopt Ordinance Granting Privilege to Superior One
Transportation and Charters LLC to Operate 18 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 18 limousines upon the city
streets alleys and public thoroughfares and
3 Adopt the attached ordinance granting privilege to Superior One Transportation & Charters, LLC for a
period of three years beginning July 11 2006 and expiring July 10 2009 and authorizing the operation of 18
limousines upon city streets such ordinance being subject to and conditioned upon Superior One
Transportation & Charters, LLC complying with all requirements of Article VI Chapter 34 of the Code of the
City of Fort Worth (1986) as amended
DISCUSSION
On June 12 2006 Superior One Transportation & Charters LLC (Company) submitted an application 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 to respond to claims or judgments
arising by reason of business operations, injury to person 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
Logname• 38SUPERIOR ONE Page 1 of 2
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 directors members 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 compelling demand and necessity for 18 limousines and
d) The general welfare of the citizens of the City will best be served by the addition of 18 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 $600 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 $600.00
Submitted for City Manager's Office by_ Richard Zavala (Acting) (6222)
Originatina Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38SUPERIOR ONE Page 2 of 2