HomeMy WebLinkAboutOrdinance 17050-07-2006ORDINANCE NO. 17050-07 2006
AN ORDINANCE GRANTING TO GAYLORD TEXAN RESORT AND
CONVENTION CENTER. 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 FIFTEEN (15) LIMOUSINES FOR A PERIOD
BEGINNING ON JULY 18, 2006, AND ENDING ON JULY 17 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 GAYLORD TEXAN RESORT AND CONVENTION
CENTER AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Gaylord Texan Resort and Convention Center has applzed for the privilege
to furnish limousine service on the public streets, alleys and thoroughfares of the City and
WHEREAS, the Crty of Fort Worth, pursuant to Section 34-204 of the Code of the Crty
of Fort Worth (1986), as amended, has made inquiry and investigation into the application of
Gaylord Texan Resort and Convention Center and
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to rt, the Crty Council finds
1 That the public necessity and convenience require the operation m the City of Fort
Worth of fifteen (15) limousines by Gaylord Texan Resort and Convention
Center
2. That Gaylord Texan Resort and Convention Center is qualified and financially
able to efficiently conduct such business to render such service to the public,
consisting of the operation of fifteen (15) limousines upon the public streets,
alleys and thoroughfares of the Crty of Fort Worth for the period beginning on
July 18, 2006 and expiring July 17 2009•
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of fifteen (15) limousines by Gaylord Texan Resort and Convention
Center and
4 That all other requirements of Chapter 34 of the Code of the Crty of Fort Worth
(1986), as amended, have been complied with by Gaylord Texan Resort and
Convention Center Service.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
That Gaylord Texan Resort and Convention Center a Texas Corporation with rts
principal place of business and rts headquarters m the City of Grapevine, Tarrant County Texas,
hereinafter referred to as `Company is hereby granted the privilege to use the present and
future streets, alleys and pubhc thoroughfares of the City of Fort Worth, Texas, m its business of
providing pubhc limousine service within the said City's municipal limits with fifteen (15)
limousines for the period beginning July 18 2006 and expiring July 17 2009
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 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, mcludmg 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 maybe adopted from time to time by the City Council governing and regulating the
operation of hmousmes in the City of Fort Worth.
SECTION 5.
That the Company acknowledges that the Crty 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 Crty of Fort Worth, its officers, agents,
and employees, from and against any and all claims or suits, expense or habihty for any and all
property damage or loss and/or personal m~ury mcludmg death, to any and all persons, of
2
whatsoever land or character arising out of or m connection with any acts or omissions by
Company its officers, agents, employees, drivers, licensees, invitees and passengers, m 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 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 m
conflict.
SECTION 7
That the Company acknowledges that payment of an annual `street rental" fee, as
specified m Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended, is a
requxsrte to exercising the privileges granted herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against rt 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 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 rt sell, transfer assign or otherwise encumber its limousine
operation without the consent of the Crty Council of the Crty 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 Crty 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 Crty 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 hmrts, and,
m 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.
SECTION 15.
4
That this ordinance shall be in full force and effect from the date of rts adoption and
acceptance as heremabove provided and after rt has been published once a week for four
consecutive weeks wrtlun a thirty day period m the official newspaper of the City
APPROVED AS TO FORM AND LEGALITY
ASSISTANT CIT ATTORNEY
DATE ~ ~ ~ ~ ~~
ADOPTED July 18, 2006
EFFECTIVE I
ACCEPTED BY
GAYLORD TEXAN RESORT AND
CONVENTION CENTER
By- 1~r~~;-t~
Date ~'" ~~ ~
5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/18/2006 Ordinance No 17050-07 2006
DATE Tuesday July 18 2006
LOG NAME 38GAYLORD TEXAN REFERENCE NO *G 15295
SUBJECT
Consideration of Application and Adopt Ordinance Granting Privilege of Gaylord Texan Resort and
Convention Center to Operate 15 Limousines upon the Streets Alleys and Public Thoroughfares of
the City of Fort Worth
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 fifteen limousines upon the city
streets alleys and thoroughfares and
3 Adapt the attached ordinance granting privilege to Gaylord Texan Resort and Convention Center for a
period of three years beginning July 18 2006 and expiring July 17 2009 and authorizing the operation of 15
limousines upon city streets such ordinance being subject to and conditioned upon Gaylord Texan Resort
and Convention Center complying with all requirements of Article VI Chapter 34 of the Code of the City of
Fort Worth(1986) as amended
DISCUSSION
On June 23 2006 Gaylord Texan Resort and Convention Center submitted to the City 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 vehicle
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 experience the applicant
has had in rendering such service in the city or similar service elsewhere and the past record and
experience of the applicant in adjusting claims and paying judgments if any to claimants
2. The financial ability of the applicant to provide the service described and 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 38GAYLORD TEXAN Page 1 of 2
stockholders officers, and directors
5 The character and past record of the applicant; and if the applicant be a corporation 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 also may 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 15 limousines, and
d) The general welfare of the citizens of the City will be served by the addition of 15 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 $525 00
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees
due to the City
TO Fund/Account/Centers FROM Fund/AccountlCenters
GG01 421352 0134010 525.00
Submitted for City Manager's Office b~ Richard Zavala (Acting) (6222)
Originating Department Head Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38GAYLORD TEXAN Page 2 of 2