HomeMy WebLinkAboutOrdinance 20957-09-2013 ORDINANCE NO. 20957-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO NESSIM WAHBA GERGES d/b/a DREAM LIMO
EXECUTIVE TRANSPORTATION SVC, 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 NESSIM WAHBA GERGES d/b/a DREAM LIMO EXECUTIVE
TRANSPORTATION SVC; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, NESSIM WAHBA GERGES d/b/a DREAM LIMO EXECUTIVE
TRANSPORTATION SVC, has applied for operating authority to furnish LIMOUSINE SVC on the
public streets, alleys,and thoroughfares of the City; and,
WHEREAS, the City of Foil 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 NESSIM WAHBA
GERGES d/b/a DREAM LIMO EXECUTIVE TRANSPORTATION SVC; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
irrade available to it, the City Council finds that:
I The public necessity and convenience require the operation of TWO (2)
LIMOUSINES in the City of Fort Worth;
2. NESSIM WAHBA GERGES d/b/a DREAM LIMO EXECUTIVE
TRANSPORTATION SVC is qualified and financially able to efficiently conduct such
business to render such SVC 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;
3. The general welfare of the citizens of Foil Worth will best be served by the operation of
TWO (2) LIMOUSINES by NESSIM WAHBA GERGES cl/bia DREAM LIMO
EXECUTIVE TRANSPORTATION SVC; arid,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by NESSIM WAHBA GERGES (1/bJa DREAM
Ordinance No. 20957-09-2013
Page I of 5
LIMO EXECUTIVE TRANSPORTATION SVC 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 OF THE CITY OF
FORT WORTH,TEXAS THAI':
SECTION I.
NESSIM WAHBA GERGES d/b/a DREAM LIMO EXECUTIVE TRANSPORTATION
SVC, a SOLE PROPRIETORSHIP, with its principal place of business and its headquarters in
GRAPEVINE,TARRANT 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 SVC 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(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 (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 or responsibility in
making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to
Ordinance No. 20957-09-2013
Page 2 of 5
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indemnify, hold harmless and defend the City of Fort Worth, its offioers, agents, and employees, from and
against any and all o|uiou or suits, expense nrliability, for any and all property damage or |000 and/or
pemuou\ injury, including death, io any and all persons, of whatsoever kind orcharacter, arising out ofoz
io connection with any acts oromissions by Company, its officers, agents, employees, drivers, |ioeuucen,
invitees and pusmeogcs, in the exercise of the authority granted bcrcu; and Company ohuU assume all
liability and responsibility for oume.
SECTION 6.
The Company acknowledges that its drivers, property and operations ubaU be and remain subject
at all times to such remoouuh|e regulation 6y the City uo is ormuy be necessary to protect the interests of
the general public. As such, the Company understands and uoicuop/|edgea that during the \eno of this
ordinance and grant, the City ofFort Worth may adopt such ordinances that further regulate the operation
of the Company's SYC vvdbio 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 io compliance with the
provisions of such ordinances. Further' should the City |e\cr adopt on ordinance that would change the
nature oy the rights granted under this ouiiuuoue, the city reserves the right to ou000/ wc otherwise modify
any and all rights granted under this ordinance and issue o 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 1eooa 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 ioconflict.
SECTION 7.
The Company acknowledges that payment of required fees, as specified in Chapter 34 of the
Code of the City of Fort VVodb, Texas (1986), as amended, is o requisite to exercising the privileges
granted herein.
SECTION 8.
The Company shall 6e obligated 1n discharge any claim or judgment against itfiva|\yestablished
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.
Ordinance No. 20957'89'20|3
Page]^fy
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended, the
Company obuU not uuU` convey or transfer this grant of operating authority to any other pnomo. Gon or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
nor shall the Company meU' transfer, assign or otherwise encumber its |inz000inn operation without the
consent ofthe Fort Worth City Council.
SECTION 10.
Nothing herein contained shall beheld or construed co confer upon the Company exclusive rights
or privileges uf any nature whatsoever.
SECTION 11.
A-nyxuopcosiou or revocation m[the privileges gmckod herein may be accomplished under the
applicable provisions of Chapter 34of the Code of the City ofFort Worth, Texas(l986), aoamended.
SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of
Chapter of the Code of the City of Fort Worth, Texas (lg86). uaamended.
SECTION 13.
The provisions of this ordinance a6ul\ be and are 6nnuby do*|acod to be cumulative of all
provisions of the Code of the City of Fort Worth, Texas (1986), as uroouded, with respect to the
regulation and operation ofpublic limousine SYCwithin the City's municipal limits, uod, in /be event of
conflict between the provisions of this ordinance and such Code, the provisions of the City Code sbuU
govern and prevail.
SECTION 14.
& penalty may he imposed for violations of this ordinance in an uc0000t out to exceed five
hundred dollars ($50080). Each day that u violation exists u6ol| constitute u separate offense. Any
violation of this ordinance shall he a class C oi�isdemeuooc
SECTION 15.
/\Dcr adoption of this ordinance, Company obo|i pay all required fees and 6|o with the City
Secretary written acceptance of the terms and provisions hereof. Such acceptance o[and agreement tothe
Ordinance No.20957-O9-20l3
Page*o(y
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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
NESSIM WAIIBA GERGES d/b/a DREAM LIMO EXECUTIVE TRANSPORTATION SVC, and
publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANTCITY ATTORNEY ary J. K
CITY SEC TARY
ADOPTED: Sppternber 24
13
2
E"FFE C TI VE:
ACCEPTED BY:
NFSSIM WARBA GERGES d/b/a DREAM
ay
LIMO EXECUTIVE TRANSPORTATION
SVC
DATE:
Ordinance No. 20957-09-2013
Page 5 of 5
Ground TrallsRortation Coordinator Finding Factors
Under Section 34-2O4, indetermining whether mnot to recommend the granting ofoperating
authority, the Ground Transportation Coordinator obuUconoider among other things, the following items:
l. Probable peouuouoxy and quality of the service offered by the applicant, the applicant's
experience in rendering such service iu the City or similar service elsewhere and the applicant's
past record and experience iu adjusting claims and paying judgments, if any,tmclaimants;
2. The applicant's Oouooiu| ability to provide the described service and ability to respond to claims
or judgments arising by coeuoo of business operations, injury to persons, or JomuAe to property
resulting from operation ofo limousine service;
3 The character and condition of the vehicles mbnused;
4. If the applicant iau corporation or other business entity, the quaiifioutiouof the officers, directors,
znecnboro and persons with ouonnuziu interest making such application and each of the above-
numbered
itmnoaaoppliudtoeuchofdhnstookboldem.olfioers`mcmbonuoddin:utnm;
5. The applicant's character and past record uud, if the applicant is a corporation or other business
entity,that of its officers,members and stockholders;and
6. Such other information as pcnxuoteJ during any public hearing that may boo, on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL.ACTION: Approved:on 9/24/2013 - Ordinance No 20957-09-2013
DATE: Tuesday, September 24, 2013 REFERENCE NO.: **G-18014
LOG NAME: 20DREAM LIMO EXECUTIVE TRANSPORTATION
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Nessim Wahba
Gerges d/b/a Dream Limo Executive Transportation Svc, 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. The public necessity and convenience require the operation of two limousines upon the
City streets, alleys and thoroughfares;
b. Nessim Wahba Gerges d/b/a Dream Limo Executive Transportation Svc, is qualified
and financially able to conduct a limousine service within the City;
c. Nessim Wahba Gerges d/b/a Dream Limo Executive Transportation Svc, has complied
with the requirements of Chapter 34 of the City Code;
d. Nessim Wahba Gerges d/b/a Dream Limo Executive Transportation Svc, presented
facts in support of compelling demand and necessity for two limousines;
e. The general welfare of the citizens of the City will best be served by the addition of two
limousines upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Nessim Wahba Gerges d/b/a Dream Limo Executive
Transportation Svc, operating authority for two limousines on City streets for a one-year period
subject to and conditioned on Nessim Wahba Gerges d/b/a Dream Limo Executive Transportation
Svc, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
..........................
DISCUSSION:
On August 28, 2013, Nessim Wahba Gerges d/b/a Dream Limo Executive Transportation Svc, submitted
an application requesting authority 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 34-204, 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
Logname: 20DR.EAM LIMO EXECUTIVE TRANSPORTATION Page I of
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
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
0001 421352 0201002 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname; 20DREAM LIMO EXECUTIVE TRANSPORTATION Page 2 of 2