HomeMy WebLinkAboutOrdinance 15972S
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ORDINANCE NO
AN ORDINANCE GRANTING TO SILVER WEST INC D/B/A SILVER
WEST LIMOUSINES, 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 ELEVEN LIMOUSINES FOR A PERIOD
BEGINNING ON MAY 18 2004, AND ENDING ON MAY 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 SILVER WEST INC D/B/A SILVER WEST
LIMOUSINES AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Silver West Inc. d/b/a Silver West Limousines ("Silver West"), has
applied for the privilege to furnish limousine service on the public streets alleys and
thoroughfares of the City of Fort Worth 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 Silver West; 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 eleven (11) limousines by Silver West;
2 That Silver West is qualified and financially able to efficiently conduct such
business to render such service to the public, consisting of the operation
of eleven limousines upon the public streets, alleys and thoroughfares of
the City of Fort Worth for the period beginning on May 18 2004 and
expiring on May 17 2009
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of eleven limousines by Silver West; 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 Silver West;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That Silver West Inc. dlbJa Silver West Limousines 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 eleven (11)
limousines for the period beginning May 18 2004 and expiring May 17 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
2
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 sha11 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.
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
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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 sha11 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
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APPROVED AS TO FORM AND LEGALITY
ASSIST CITY ATTORNEY
DATE
ADOPTED ~
EFFECTIVE
ACCEPTED BY
SILVER WEST INC d/b/a
SILVER WEST LIMOUSINES
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/11/2004 Ordinance No 15972
DATE Tuesday May 11 2004
LOG NAME 38SILVER WEST
REFERENCE NO *G-14353
SUBJECT
Consideration of Application of Silver West Inc. d/b/a Silver West Limousines to Operate Eleven
(11) Limousines within 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 and
2. Find that public necessity and convenience require the operation of eleven (11) limousines upon the
city streets, alleys and thoroughfares, and
3 Adopt the attached ordinance granting privilege to Silver West Inc. d/b/a Silver West Limousines for a
period of five (5) years beginning May 18 2004 and ending May 17 2009 and authorizing the operation of
eleven (11) limousines upon city streets such ordinance being subject to and conditioned upon Silver West
Inc. d/b/a Silver West Limousines complying with all requirements of Article IV Chapter 34 of the City of
Fort Worth Code (2203) as amended
DISCUSSION
On April 14 2004 Silver West Inc. d/b/a Silver West Limousines 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 Section 34-204 of the City Code
must determine whether or not 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
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.
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 persons or damage to property resulting from operation
of a limousine service.
The character and condition of the limousines to be used
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
stockholders officers and directors.
Lo~name• 38SILVER WEST Page 1 of 2
The character and past record of the applicant; and or if the applicant be a corporation of its officers,.
directors and stockholders
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
The Company is qualified and financially able to conduct a limousine service within the city and
The Company has complied with the requirements of Chapter 34 of the City Code .and
The Company presented facts showing the demand need and necessity for eleven (11) limousines are
compelling and
The general welfare of the citizens of the city will best be served by the addition of eleven (11)
limousines upon city streets.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34 is
estimated at $2 475
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that that the Municipal Court is responsible for the collection and deposit of
fees due to the City
TO Fund/Account/Centers FROM Fund/AccountJCenters
GG01 421352 0134010 2 475.00
Submitted for City Manager's Office b~ Charles Boswell (6183)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Lo~name 38SILVER WEST Pa.~e 2 c,f 2