HomeMy WebLinkAboutOrdinance 21006-10-2013 ORDINANCE NO. 21006-10-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO METWALLY TRANSPORTATION 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 ONE (I) LIMOUSINE, 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 METWALLY TRANSPORTATION; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, METWALLY TRANSPORTATION 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 METWALLY
TRANSPORTATION; 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. METWALLY TRANSPORTATION 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;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
ONE (1) LIMOUSINE by METWALLY TRANSPORTATION; 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 METWALLY TRANSPORTATION and any
violations thereof will result in the imposition of penalties as provided by Section 34-228
of the City Code of Ordinances.
Ordinance No. 21006-10-2013
Page 1 of 5
NOW, THEREFORE, BEVTORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS T88A1rz
SECTION 1.
ME][WAL]Ll/ TRANSPORTATION, a General Partnership registered with the Tarrant
County Clerk's Office, with its principal place of business and its headquarters in ARLINGTON,
1[ARRAN][ COUNTY, ][0XA8 hereinafter referred to as '`Cooupuoy," is hereby granted operating
authority to use the present and fbture streets, alleys and public thoroughfares of the City of Fort VVodb,
Texas, in its business of providing public limousine service wi\tdu the said City's couuioiya\ \iudte with
ONE(1) LIMOUSINE for a one year period beginning oo the effective date.
SECTION 2.
The findings and recitations contained iu the preamble hereof are expressly incorporated into and
made a part of this ordinance outhe findings of the City Couoci)
SECTION 3'
The Company, as holder of the grant, and the Company's operations herewider, 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(}g8d), aoamended.
SECTION 4.
The authority borciu granted obo|l be and remain subject to said Company's Do|i, complete and
satisfactory continuing compliance with all federal, state and local laws and ordinances, including but not
lindted tn the Charter *f the City ofFort Worth, and all relevant provisions of Chapter 34, Code ofthe
City of Fort Worth (1986), as amended, and such other ordinances as may be adopted from time to time
by the City Council govern+ing and regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
The Company acknowledges that the City ofFort VVortbasuuroeo no liability orresponsibility in
roukjug this grant, and that by acceptance of this ordinance and grant, Cwozpuoy hereby agrees to
indemnify, hold harmless and defend the City ofFort Worth, its o[ficem` agents, and employees, from and
against any and all oiuinos or suits, expense mrliability, for any and all property damage or }uus 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 oozioai000 by Company, its officers, agents, employees, drivers, licensees,
Ordinance Nn.
Page 2of5
invitees and puaoeugem, in the exercise of the authority granted herein; and Company mboU assume all
liability and responsibility for same.
SECTION 6.
The Company ackoow|edAcm that its drivers, property and operations abaU ho and remain subject
at all times to such reasonable regulation by the City au is or may henecessary to protect the iu(cceota 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 unuouo1 of fees to he paid; and that
upon the adoption thereof, the Company shall begin conducting its operations in compliance with the
provisions of such ordinances. Pm16ec should the City later adopt an ordinance that would change the
uut000 of the dubtu Qruo1od under this ordinance, the city reserves the d8bt to cancel or otherwise modify
any and all nights granted under this ordinance and issue new grant ofoperating 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. To the event the terms and conditions of this ordinance are in uooUio1 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 tfris ordinance to the extent they are in conflict.
SECTION 7.
The Company acknowledges that payment of required C:oa, as specified in Chapter 34 of the
Code of the City of Fort Worth, ?exam (1986), as amended, is u requisite to exercising the privileges
granted herein.
SECTION 8.
The Company shall be obligated to discharge any claim orjudgment against it finally established
by law, and the failure to do so for o 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 Port Worth, 'Texas, (1986), as amended, the
Company shall not sell, convey or transfer this grant of operating authority to any other person, 5ou 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 ucotherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
Ordinance No.
Page 3of5
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 I 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.
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
Ordinance No. 21006-10-2013
Page 4 of 5
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 shalt take effect upon adoption; acceptance of the grant and payment of the fee by
METWALLY TRANSPORTATION,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY Mary J. K y
CITY SE A Y
ADOPTED: October 22 2013
EFFECTIPE-
ACCEPTED BY:
METWA-LLY TRANSPORTATION
By its General Partner:
t43 f
Printed Name
Signature
Title
DATE:
Ordinance No. 21006-10-2013
Page 5 of 5
Ground Transportation Coordinator Findim!Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
1. 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,
2. The applicant's financial ability to provide the described service and ability 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;
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 persons with economic 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 and, if the applicant is a corporation or other business
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 10 12212013 - Ordinance No. 21006-10-2013
i/ .✓. /V ,./ .:.. iLml// N./.,Af I/il:f./V/mil�l/ O/�, /B//✓!/O//�atA/�D/ .//�///dim///////////////app(ppiJ//OOZtID./DLOLI/F!U//f/�i?OImW!/IJ 1�4�
DATE: Tuesday, October 22, 2013 REFERENCE NO.: **G-18043
LOG NAME: 20METWALLY TRANSPORTATION
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Metwally
Transportation 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. Metwally Transportation is qualified and financially able to conduct a limousine service
within the City;
c. Metwally Transportation has complied with the requirements of Chapter 34 of the City
Code;
d. Metwally Transportation 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 Metwally Transportation operating authority for one limousine
on City streets for a one-year period subject to and conditioned on Metwally Transportation complying with
all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On October 3, 2013, Metwally Transportation 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 34204, 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: 20Metwally Transportation Page l 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/Centers
GG01 421352 0201002 $200,00
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: 20Metwally Transportation Page 2 of 2