HomeMy WebLinkAboutOrdinance 16709-11-2005ORDINANCE NO J(o7oy-11-
AN ORDINANCE GRANTING TO EXECUTIVE SERVICES OF TEXAS
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 SIX LIMOUSINES FOR A PERIOD BEGINNING ON
NOVEMBER 25, 2005 AND ENDING ON NOVEMBER 24 2010
SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT
PROVIDING A SEVERABILITY CLAUSE MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES PROVIDING FOR WRITTEN
ACCEPTANCE BY EXECUTIVE SERVICES OF TEXAS AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS Executive Services of Texas a sole proprietorship ("Executive
Services') 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 Executive Services 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 six (6) limousines by Executive Services
2 That Executive Services is qualified and financially able to efficiently
conduct such business to render such service to the public consisting of
the operation of six limousines upon the public streets alleys and
thoroughfares of the City of Fort Worth for the period beginning on
November 25 2005 and expiring on November 24 2010
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of six limousines by Executive Services 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 Executive
Services
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NOW THEREFORE BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That Executive Services a sole proprietorship 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 six (6) limousines for
the period beginning November 25 2005 and expiring November 24 2010
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 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
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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
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 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 so to do for a period of one hundred eighty
(180) days shall ipso facto terminate all authority under this grant.
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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 Gity 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 in the event of conflict between the provisions of this
ordinance and such Code the provisions of the City Code shall govern and prevail
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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
APPROVED AS TO FORM AND LEGALITY
ASSISTANT CITY ATTORNEY
DATE
ADOPTED ,/I~~~/Qr~~~ ~
EFFECTIVE ,~®ye~~.~.r I ~, ~~DS
ACCEPTED BY
Executive Services of Texas
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Title ~~, asc ~'
Date ~L ~ ~ p ~ ~„ p fJ.S'"
5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 11/15/2005 Ordinance No 16709-11 2005
DATE Tuesday November 15 2005
LOG NAME 38EXECUTIVE REFERENCE NO *G-15008
SUBJECT
Adopt Ordinance Granting Privilege to Executive Service of Texas to Operate Six Limousines within
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 six (6) limousines upon the city
streets, alleys and thoroughfares, and
3 Adopt the attached ordinance granting privilege to Executive Service of Texas (Sole Proprietorship) for a
period of five years beginning November 25 2005 and ending November 24 2010 authorizing the operation
of six limousines upon city streets, such ordinance being subject to and conditioned upon Executive Service
of Texas complying with all requirements of Article VI Chapter 34 of the Code of the City of Fort Worth
(2003) as amended
DISCUSSION
On September 26 2005 Executive Service of Texas (Sole Proprietorship) 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 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 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 38EXECUTIVE 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.
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 six limousines, and
d) The general welfare of the citizens of the city will best be served by the addition of six limousines upon
city streets, alleys and thoroughfares.
The potential revenue from the collection of applicable fees, as authorized in Chapter 34 is estimated at
$1 200 00 per year
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/AccountlCenters FROM Fund/AccountlCenters
GG02 421352 0134010 1 200.00
Submitted for City Manager's Office by. Richard Zavala (Acting) (6222)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38EXECUTIVE Page 2 of 2