HomeMy WebLinkAboutOrdinance 20887-09-2013 ORDINANCE NO. 20887-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO MEDI-TAKE, INC. d/b/a 5 STARS EXECUTIVE LIMO, FOR
THE USE OF THE STREETS, ALLEYS, AND PUBLIC TIIOROUGfIFARES OF
THE CITY IN THE CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH
SHALL CONSIST OF THE OPERATION OF ONE (1) LIMOUSINE, FOR A ONE
(1) YEAR PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING
THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A
SEVERABHATY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
ALL ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR
WRITTEN ACCEPTANCE BY MEDI-TAKE, INC. d/b/a 5 STARS EXECUTIVE
LIMO; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, MEDI-TAKE, INC. d/b/a 5 STARS EXECUTIVE LIMO, 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 (1986), as amended, has made inquiry and investigation into the application of MEDI-TAKE,
INC. d/b/a 5 STARS EXECUTIVE LIMO; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
I The public necessity and convenience require the operation of ONE(1)LIMOUSINE in
the City of Fort Worth;
2. MEDI-TAKE, INC. D/B/A 5 STARS EXECUTIVE LIMO is qualified and financially
able to efficiently conduct such business to render such service to the public, consisting
of the operation of ONE (1) LIMOUSINE upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a one (1) 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;
1 The general welfare of the citizens of Fort Worth will best be served by the operation of
ONE (1) LIMOUSINE by MEDI-TAKE, INC. d/b/a 5 STARS EXECUTIVE LIMO;
and,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by MEDI-TAKF, INC. d/b/a 5 STARS
EXECUTIVE LIMO and any violations thereof will result in the imposition of penalties
as provided by Section 34-228 of the City Code of Ordinances.
NIEDI-TAKE,INC. d/b/a 5 STARS EXECUTIVE LIMO Ordinance No. 20887-09-2013
Initial Operating Authority Page I of 5
NOW, THEREFORE, B0ITORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAI-:
SECTION 1.
MEDI-TAKE, INC. d/b/o 5 STARS EXECUTIVE LIMO, a CORPORATION, with its
principal place of business arid its headquarters in ARLINGTON, 1[ARRAN1[ COUNTY, TEXAS
hereinafter referred to as '`Conopooy," is hereby granted operating authority to use the present and future
,streets, alleys and po6|io thoroughfares of the City of Fort YVoUk, Texas, in its 6uaioeoo of providing
public limousine service within the said City's muoicipol liodtm with ONE (1) I.0MOmJSINlI for a one
year period beginning outhe effective date.
SECTION 2.
The findings arid recitations contained io the preamble hereof are expressly incorporated into and
made a part of this ordinance ua the findings of the City Council.
SECTION 3.
The Company, as holder of the grant, arid 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(lVD6), uoamended.
SECTION 4.
The authority herein granted nbu|| be and remain subject /u said Company's full, complete and
satisfactory continuing compliance with all federal, state arid local laws and ordioauceu, including but not
1iod1od to the Charter of the City of Fort Wortb, and all relevant provisions of Chapter 34. Code of the
City of Fort Worth (1986), 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.
SECTION 5.
The Company acknowledges that the City of Fort Worth assumes no liability orresponsibility in
omkiog fia grant, and that by acceptance ofUno urJiou000 and grant, Company 6orc6y a8zocm to
indemnify, hold harm-less arid defend the City of Fort Worth, its officers, agents, and employees, from and
against any and all claims or suits, expense orliability, for any and all property damage orloss 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 on-tiaaiono by Company, its o{Gxero, uAeniu, employees, drivers, licensees,
NEDl'TAK2.DNC.d/b/o5 STARS EXECUTIVE LlyI0 Ordinance No. 20887'09'2013
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invitees and passengers, in the exercise of the authority granted herein; and Company shall assume all
liability and responsibility for same.
SECTION 6.
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 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 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 later-adopted ordinance shall
supersede the terms and conditions of this ordinance to the extent they are in conflict.
SECTION 7.
The Company acknowledges that payment of required fees, 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.
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.
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 operating authority 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 the Company sell, transfer, assign or otherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
MEDI-TAKE,INC. d/b/a 5 STARS EXECUTIVE LIMO Ordinance No. 20887-09-2013
Initial Operating Authority Page 3 of 5
SECTION 10.
Nothing hertin contained shall be held or construed to confer upon the Company exclusive rights
or privileges o[any nature whatsoever.
SECTION IL
Any muxpoouioo 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.
The iuoou and provisions of this ordinance are severable and a6aU be governed by Section 1-5 of
Chapter uf the Code of the City of Fort Worth,Texas(ly80), asamended.
SECTION 13.
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 (1086), as anueoded, with respect to the
rcgu|o|ino and operation ofpublic limousine service within the City's nuouioipu| Uoirs, aod, in the event
of conflict between the provisions uf this ordinance and such Code, the provisions o[the City Code shall
govoro and prevail.
SECTION 14.
/\ penalty may he imposed for violations of this ordinance in an umuuu\ not to exceed five
hundred dollars ($500.00). Each day that a violation exists shall constitute a ocporutc offense. Any
violation of this ordinance shall hcxclass C odmdeoueauor.
SECTION 15.
After adoption uft6is ordinance, Company sbu\\ pay all required (eoa and D}n with the City
Secretary written acceptance of the icrou and provisions hereof Such acceptance of and agreement\othe
provisions of this ordinance and y7uu| shall be evidenced by the signature of the Company's authorized
representative ou the final page of this ordinance.
SECTION 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
MEDi-TAKE.INC.d/b/a5STARS EXECUTIVE LIMO Ordinance No. 20887-09'2013
Initial Operating Authority Page 4vfs
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.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
FIVE STAR LIMO SERVICE, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
,L1r
4e,
AS ISTANT CITY ATTORNEY ary J. Ka er° ii CM y
ADOPTED: September 10, 2013
EFFECTIVE:
ACCEPTED BY:
FIVE STAR LIMO SERVICE
By:
Printed Name: 1
DATE:
Ordinance No. 20887-09-2013
Page 5 of 5
Ground Transportation Coordinator Findhj2 Factors
Under Section 34-204 in domonioiog whether or not to recommend the granting of operating
authority, the Ground Transportation Coordinator 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 xiodiuz service olscvvbr,c 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 u:opm/d to :|aium
or judgments arising by reuunu of business operations, injury to persocm, or damage to property
resulting from operation ofu limousine service,
3 The character and condition o[the vehicles tobeused-
.
4, lI the applicant iou corporation oo other business entity,the quobfiuuboonf the officers, directors,
members uod pomoon with c0000ndc interest making such application and each of the above-
numbered items as applied to each of the stockholders,officers,members and directors;
5 The applicant's character and past record und, if the applicant is o corporation or ntbo 6usionxn
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.
City of Fort Worth, Texas
Mayor and Council communication
COUNCIL ACTION Approved on 911012013 _ Ordinance No. 20887-09=2913
a�i✓mcim+ana�zazn�
DATE: Tuesday, September 10, 2013 REFERENCE NO.: "G-17988
LOG NAME: 20MED1-TAKE, INC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Medi-Take, Inc. d/b/a
5 Stars Executive Limo to Operate One Limousine Within the City of Fort Worth and Adopt Ordinance
Granting Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of one limousine upon the City
streets, alleys and thoroughfares;
b. Medi-Take, Inc. d/b/a 5 Stars Executive Limo is qualified and financially able to conduct a
limousine service within the City;
c. Medi-Take, Inc. d/b/a 5 Stars Executive Lima has complied with the requirements of
Chapter 34 of the City Code;
d. Medi-Take, Inc. d/b/a 5 Stars Executive Limo presented facts in support of compelling demand
and necessity for one limousine;
e. The general welfare of the citizens of the City will best be served by the addition of one limousine
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Medi-Take, Inc. d/b/a 5 Stars Executive Lima operating
authority for one limousine on City streets for a one-year period subject to and conditioned on Medi-Take,
Inc. d/b/a 5 Stars Executive Limo complying with all requirements of Chapter 34, Article V1 of the Code of
the City of Fort Worth (1986), as amended.
DISCUSSION:
On August 15, 2013, Medi-Take, Inc. d/b/a 5 Stars Executive Limo submitted an application requesting
authority to operate one limousine 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
Transportation Coordinator. Under Section 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 20MEDI-TAKE, INC Page 1 of 2
The one-year period shall commence on the effective date, which shall be upon acceptance by the
grantee and completion of the publication requirement, in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
in the amount of$200.00.
FISCAL INFORMATION /CERTIFICATION:
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:
TO Fund/Account/Centers FROM Fund/Account/C enters
GG01 421352 0201002 $200.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating inating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20MEDI-TAKE, INC Page 2 of 2