HomeMy WebLinkAboutOrdinance 18906-11-2009GRDINANCE NO.18906-11-2009
AN GRDINANCE GRANTING THE PRIVILEGE OF GPERATING
AUTHORITY TO PERFECT CHGICE LIMGUSINE SERVICE FGR THE
USE DF THE STREETS, ALLEYS, AND PUBLIC THGROUGHFARES GF
THE CITY IN THE CGNDUCT DF ITS LIMOUSINE BUSINESS, WHICH
SHALL CONSIST GF THE OPERATION GF TWG ~2} LIMOUSINES, FGR
A THREE ~3} YEAR PERIOD BEGINNING GN THE EFFECTIVE DATE;
SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT;
PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE GF ALL ORDINANCES; PROVIDING FGR A PENALTY;
PROVIDING FOR WRITTEN ACCEPTANCE BY PERFECT CHGICE
LIMGUSINE SERVICE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, PERFECT CHOICE LIMOUSINE SERVICE has applied for operating
authority 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 X1986}, as amended, has made inquiry and investigation into the application of
PERFECT CHOICE LIMGUSINE SERVICE; 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 of TWO ~2}
LIMOUSINES in the City of Fort Worth;
2. That PERFECT CHOICE LIMOUSINE SERVICE is qualified and financially
able to eff ciently conduct such business to render such service to the public,
consisting of the operation of TWG ~Z} LIMOUSINES upon the public streets,
alleys and thoroughfares of the City of Fort forth for a three ~3 } year period;
beginning on the effective date, which shall be upon acceptance by the grantee and
completion of the publication requirement as determined by Chapter XXV, Section 2
of the Charter of the City of Fort Worth and Section 34-205 of the City Code of
Ordinances;
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3. That the general welfare of the citizens of Fort North will best be served by the
operation of TWO ~2} LIMOUSINES by PERFECT CHOICE LIMOUSINE
SERVICE;
and,
4, That all other requirements of Chapter 34 of the Code of the City of Fort Worth
X1986}, as amended, have been complied with by PERFECT CHOICE
LIMOUSINE SERVICE, and any violations thereof will result in the imposition of
penalties as provided by Section 34-228 of the City Code of ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 4F THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That PERFECT CHOICE LIMOUSINE SERVICE, a SOLE PROPRIETORSHIP with
its principal place of business and its headquarters in FORT WORTH, TARRANT COUNTY,
TEXAS hereinafter referred to as "Company," is hereby granted operating authority to use the
resent and future streets, alleys and public thoroughfares of the City of Fort Worth, Texas, in its
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business of providing public limousine service within the said City's municipal limits with TWO
~Z~ LIMOUSINES for a three year period beginning on the effective date.
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
overned at all times by the provisions of state and federal laws and regulations and Chapter 34 of
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the Code of the City of Fort Worth ~ 198b}, as amended.
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SECTIUN 4,
That the authority 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 X1986}, as amended, and such other
ordinances as may be adopted from time to time by the City Council governing and regulating the
operation of Limousines in the City of Fort Worth.
SECTIUN 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 andlor 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 authority 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 North may adopt such ordinances
that further regulate the operation of the Company's service within the City of Fort Worth,
including the amount of 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 grant of operating authority, as long as Company is not in
violation of any provision of Chapter 34 of the Code of the City of Fort North, Texas ~ 198}, as
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amended. In the event the terms and conditions of this ordinance are in conflict with the provisions
of an such ordinance adopted by the City, the provisions of such later-adopted ordinance shall
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supersede the terms and conditions of this ordinance to the extent they are in conflict.
SECTIUN 7.
That the Company acknowledges that payment of required fees, as specified in Chapter 34
of the Code of the City of Fort North, Texas X1986}, as amended, is a requisite to exercising the
privileges granted herein.
SECTIUN $.
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 X180} days shall, ipso
facto, terminate all authority under this grant.
SECTIUN 9,
That pursuant to Chapter 34 of the Code of the City of Fort North, Texas, ~ 1986}, as
amended, the Company shall not sell, convey or transfer this grant of operating authority to any
other erson, firm or corporation without the prior formal consent and approval of the City Council
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of the City of Fort Worth, nor shall the Company sell, transfer, assign or otherwise encumber its
limousine operation without the consent of the Fort worth City Council.
SECTIUN 11I.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
SECTIUN 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 X1986},
as amended.
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SECTION 1Z.
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 ~ 198b}, 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.
A penalty maybe imposed for violations of this ordinance in an amount not to exceed five
hundred dollars x$500.00}. Each day that a violation exists shall constitute a separate offense. Any
violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and 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.
SECT~~N 16.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption
and penalty of this ordinance for two (2} days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the
Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
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SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by PERFECT CHOICE LIMOUSINE SERVICE and publication as required by law.
APPR VED ~S'TO FORM AND LEGALITY:
~' '~ ~ ;
ASSIS'I~~1NT CI'~Y~ ATTORNEY
DATE:
ADOPTED: November ~0 2009
E:
EFFEC~'I V
ACCEPTED BY:
PERFECT CHOICE LIMOUSINE SERVICE
DATE: 1~~~
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City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, November 10, 2009
LAG NAME: 20PERFECT CHOICE LIMG
REFERENCE NO.: ~*G-16755
SUBJECT:
A rove Findings of the Ground Transportation Coordinator Regarding Application of Perfect Choice
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Limousine Service to Operate Two Limousines within the City of Fort Worth and Adopt Ordinance Granting
Such Authority
REC4MMENDATI~N:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The ublic necessity and convenience require the operation of two limousines upon the City streets,
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alleys and thoroughfares;
b. Perfect Choice Limousine Service is qualified and financially able to conduct a limousine service
within the City;
c. Perfect Choice Limousine Service has complied with the requirements of Chapter 34 of the City
Code;
d. Perfect Choice Limousine Service presented facts in support of compelling demand and necessity
for two limousines;
e. The eneral welfare of the citizens of the City will best be served by the addition of two limousines
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upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Perfect Choice Limousine Service operating authority for two
limousines on City streets for a three year period subject to and conditioned on Perfect Choice Limousine
Service complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
DISCUSSION:
On September 30, 2009, Perfect Choice Limousine Service (Company) submitted an application to the
City requesting authority to operate a limousine service within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve, or confirm the findings of the Ground
Trans ortation Coordinator. Under Section 34-204, in determining whether or not to recommend the
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rantin of operating authority, the Ground Transportation Coordinator shall consider, among other things,
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the following items:
Lo name: 20PERFECT CHOICE LIMA Page 1 of 3
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1. Probable ermanency and quality of the service offered by the applicant, the applicant's experience in
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renderin such service in the City or similar service elsewhere and the applicant's past record and
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experience in adjusting claims and paying judgments, if any, to claimants;
2. The a plicant's financial ability to provide the described service and ability to respond to claims or
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'ud ments arisin by reason of business operations, injury to persons, or damage to property resulting
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from operation of a limousine service;
3. The character and condition of the vehicles to be used;
4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and ersons with economic interest making such application and each of the above-numbered
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items as applied to each of the stockholders, officers, members and directors;
5. The a licant's character and past record and, if the applicant is a corporation or other business entity,
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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.
The Ground Transportation Coordinator recommends approval based on the following findings:
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 two limousines;
and
d. The eneral welfare of the citizens of the City will best be served by the addition of two limousines
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upon City streets, alleys and thoroughfares.
The three year period shall commence on the effective date, which shall be upon acceptance by the
rantee and completion of the publication requirement in accordance with Chapter XXV, Section 2 of the
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City Charter and Section 34-265 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
$250.00.
FISCAL INFQRMATIQN I CERTIFICATIQN:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TQ FundlAccountlCenters FRQM Fun_dlAccountlCenters
GGa~ 421352 a2a~oo2 $2~a.aa
CERTIFICATIQNS:
. M Fernando Costa X6122}
Submi#ted for CitX Manager s Office by.
.. d: William A. Verkest P.E. X7861 }
Qriginat~ng Department Hea
' ' Lion Contact: Gerald Taylor X6987}
Add~t~onal Informa
Lo name: 2DPERFECT CHOICE L~M~ Page 2 of 3
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Lo name: 20PERFECT CHOICE LIMA Page 3 of 3
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