HomeMy WebLinkAboutOrdinance 17138-09-2006ORDINANCE NO 17138-09-2006
AN ORDINANCE GRANTING TO ACCESS LIMOUSINE, INC 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 SEPTEMBER 12, 2006, AND ENDING ON
SEPTEMBER 11 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 ACCESS LIMOUSINE, INC AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS Access Limousine Inc. 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
Access Limousine Inc. 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 fifteen (15) limousines by Access Limousine Inc.
2. That Access Limousine Inc. 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
City of Fort Worth for the period beginning on September 12 2006 and expiring
September 11 2009•
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of fifteen (15) limousines by Access Limousine Inc.
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 Access Limousine Inc.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH TEXAS
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SECTION 1
That Access Limousine Inc. a Corporation (Company) with its principal place of
business and its headquarters in Addison Dallas 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 City's municipal limits with fifteen (15) limousines for the period
beginning September 12, 2006 and expiring September 11 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 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
ordinances 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 character arising out of or in connection with any acts or
omissions by 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
2
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.
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 City Council of the City of Fort Worth
SECTION 10
3
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
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.
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 period in the official newspaper of the City
4
APPROVED AS TO FORM AND LEGALITY
ASSISTANT CITY A ORNEY
DATE _ ~~ ~ ~~~
ADOPTED September 12, 2006
EFFECTIVE.
ACCEPTED BY
ACCESS LIMOUSINE INC
By.
Date
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/12/2006 Ordinance No 17138-09-2006
DATE Tuesday September 12 2006
LOG NAME 38ACCESS REFERENCE NO *G-15391
SUBJECT
Consideration of Application and Adoption of Ordinance Granting Privilege to Access Limousine
Inc 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
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 15 limousines upon city streets,
alleys and thoroughfares, and
3 Adopt the attached ordinance granting privilege to Access Limousines Inc. for a period of three years
beginning September 12, 2006 to September 11 2009 and authorizing the operation of 15 limousines upon
city streets such ordinance being subject to and conditioned upon Access Limousine Inc. complying with all
requirements of Article VI Chapter 34 of the Code of the City of Fort Worth (1986) as amended
DISCUSSION
On August 16 2006 Access Limousine Inc. Corporation (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,
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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 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 best 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 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 525.00
Submitted for C~ Manager's Office ~• Karen Montgomery (6222)
Originating Department Head Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
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