HomeMy WebLinkAboutOrdinance 20888-09-2013 ORDINANCE NO.20888-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS
FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE
BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TWO (2)
LIMOUSINES FOR A ONE (1) YEAR PERIOD BEGINNING ON THE
EFFECTIVE DATE; SPECIFYING THE TERMS AND CONDITIONS OF THE
GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY NEAL ARNOLD
d/b/a ALLPOINTS CORPORATE EXPRESS; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted NEAL ARNOLD d/b/a ALLPOINTS
CORPORATE EXPRESS the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS has applied for
renewal of its 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 Sections 34-204 and 34-221 of the Code of the
City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the application of
NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS; 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 NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS has performed
satisfactorily under the terms of its operating authority;
2. That the service provided continues to meet the public necessity and convenience as
defined by Chapter 34 of the Code of the City of Fort Worth,Texas (1986), as amended;
3. That NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS is qualified and
financially able to efficiently conduct such business to render such service to the public,
consisting of the operation of TWO (2) LIMOUSINES 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;
NEAL ARNOLD d;b-a ALLPOINTS CORPORATE EXPRESS Page I of 5
Operating Authority Ordinance(Renewal) Ordinance No. 20888-09-2013
4. That NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS continues to
comply with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended, and any violations thereof will result in the imposition of penalties
as provided by Section 34-228 of the City Code of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of TWO (2) LIMOUSINES by NEAL ARNOLD d/b/a
ALLPOINTS CORPORATE EXPRESS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS, a SOLE
PROPRIETORSHIP with its principal local place of business and its headquarters in DESOTO,
DALLAS COUNTY, TEXAS, hereinafter referred to as "Company," is hereby granted operating
authority 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
TWO(2) LIMOUSINES for a one year period beginning on the effective date.
SECTION 2.
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.
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, Texas(1986), as amended.
SECTION 4.
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, Texas (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.
NEAL ARNOLD d;b a ALLPOINTS CORPORATE EXPRESS Pagc 2 of S
Operating Authority Ordinance(Renewal) Ordinance No. 20888-09-2013
SECTION 5.
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 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.
NEAL ARNOLD d bra ALLPOINTS CORPORATE EXPRESS Pagc 3 of 5
Operating Authority Ordinance(Renewal) Ordinance No. 20888-09-2013
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.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights
or privileges of any nature whatsoever.
SECTION 11.
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.
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.
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.
A penalty may be imposed for violations of this ordinance in an amount not to exceed five
hundred dollars ($500.00). Each day that a violation exists shall constitute a separate offense. Any
violation of this ordinance shall be a class C misdemeanor.
NEAL ARNOLD d,b a ALLPOINTS CORPORATE EXPRESS Page 4 of 5
Operating Authority Ordinance(Renewal) Ordinance No.20888-09-2013
SECTION 15.
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.
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
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
NEAL ARNOLD d/b/a ALLPOINTS CORPORATE EXPRESS and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
1
ASSISTANT CITY ATTORNEY MARY J.KA IT ECRETARY
ADOPTED: Se tem er 10 2013
EFFECTIVE: a�6��
ACCEPTED BY:
NEAL ARNOLD d/b/a ALLPOINTS
CORPORATE EXPRESS
DATE: �^ ?( 7. /-37
NEAL ARNOLD d b-a ALLPOINTS CORPORATE EXPRESS Page 5 of 5
Operating Authority Ordinance(Renewal) Ordinance No. 20888-09-2013
Ground Transportation Coordinator Finding Factors
Under Section 34-271, subsection(b) in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 9/10/2013"- Ordinance,No. 20888-09-2013
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DATE: Tuesday, September 10, 2013 REFERENCE NO.: **G-17989
LOG NAME: 20NEAL ARNOLD D/B/A ALLPOINTS CORPORATE EXPRESS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Neal Arnold
d/b/a Allpoints Corporate Express, to Operate Two Limousines 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. Neal Arnold d/b/a Allpoints Corporate Express has performed satisfactorily under the terms
of its operating authority;
b. The service provided continues to meet the public necessity and convenience as defined by
Chapter 34 of the City Code;
c. Neal Arnold d/b/a Allpoints Corporate Express is qualified to conduct its business and continues
to comply with the requirements of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation of
two limousines by Neal Arnold d/b/a Allpoints Corporate Express and;
2. Adopt the attached ordinance granting Neal Arnold d/b/a Allpoints Corporate Express authority to
operate two limousines on City streets, alleys and thoroughfares for a one-year period subject to
and conditioned on Neal Arnold d/b/a Allpoints Corporate Express complying with all requirements
of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Neal Arnold d/b/a Allpoints Corporate Express (Company) was granted operating authority for two
limousines on August 7, 2012 (M&C G-17641, Ordinance No. 20306-08-2012). The initial operating
authority was for a period of one-year. On August 14, 2013, the Company submitted a renewal
application seeking to operate two limousines 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 34-271, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the renewal 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: 20NEAL ARNOLD D/B/A ALLPOINTS CORPORATE EXPRESS 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$250.00.
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/Centers
GG01 421352 0201002 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20NEAL ARNOLD D/B/A ALLPOINTS CORPORATE EXPRESS Page 2 of 2