HomeMy WebLinkAboutOrdinance 21044-12-2013 ORDINANCE NO. 21044-12-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO THEO LIMOUSINE COMPANY, 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 THEO LIMOUSINE COMPANY; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, THEO LIMOUSINECOMPANY 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 THEO
LIMOUSINE COMPANY; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
1, The public necessity and convenience require the operation of TWO (2) LIMOUSINES
in the City of Fort Worth;
2. THEO LIMOUSINE COMPANY 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;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
TWO(2) LIMOUSINES by THEO LIMOUSINE COMPANY 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 THEO LIMOUSINE COMPANY 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. 21044-12-2013
Page 1 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
THEO LIMOUSINE COMPANY, a GENERAL PARTNERSHIP, with its principal place of
business and its headquarters in WYLIE, 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(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
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,
Ordinance No. 21044-12-2013
Page 2 of 5
invitees and puayeo800, in the exercise of the authority granted herein; and Company obnU 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 bnnen to such reasonable regulation by the City as is or may be oocoouazy to protect the io<crcuta 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 fai-tber regulate the operation
of the Company's service within the City of Fort Worth, including the amount nffees 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 ofthe dubto granted under this ordinance, the city reserves the dmbt to uuuoe] or otherwise modify
any and all bubtw granted under tbia ordinance and issue u new grant of operating authority, as long as
Company in not iuviolation of any provision of Chapter 34uf 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 pu}nneoi of required fees, as specified in Chapter 34 of the
Code of the City of Fort Worth, 7'exuu (1986)' as anucudnd, is u 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 todV so for u period of one hundred eighty (l80) days shall, ipso fboto, terminate
all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort VVodb, Texas, (1986), as amended, the
Coruyuoy shall not ucU, convey or transfer this grunt of operating authority to any other person, Grcuor
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
nor abuli the Company sell, transfer, assign or otherwise encumber its limousine operation without the
consent ufthe Fort Worth City Council.
Ordinance No. 2\044'l2-20}3
Page 3vf5
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 lim=its, 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. 21044-12-2013
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 shall take effect upon adoption; acceptance of the grant and payment of the fee by
THEO LIMOUSINE COMPANY and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
/h I
ASSISTANT CITY ATTORNEY ary J.K :#JCITVSECRETARY
ADOPTED: December 3,
EFFECTIVE:
ACCEPTED BY:
THEO LIMOUSINE SERVICE
By Its General Partner:
Printed Name
Signature
4EA-
Title
DATE:
Ordinance No. 21044-12-2013
Page of
Ground Transportation Coordinator Findint,Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
0
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.
John F. Warren, COUNTY CLERK 2000287354
DALLAS COUNTY,TEXAS
509 MAIN ST,SUITE 200 AN URIC 1/1
DALLAS,TX.75202
ASSUMED NAME RECORDS
CERTIFICATE OF OWNERSHIP FOR IN BUSINESS OR PROFESSION
Pursuant to Title 5,§71.151(a) of the Texas Business and Commerce Code,Certificates of Ownership are valid for a period not to exceed
10 years during which the assumed rotate will be used.
1. THEO LIMOUSINE COMPANY
Name under which Business or Professional Service will be conducted(Please Print or Type)
2, 2907 MONTAGUE TRL. City WYLIE State TX Zip75098
Business Address
3. The period,not to exceed(10)years,during which the assumed name will be used is 10 years.
4. The Business or Professional Service under this Assumed Name will be conducted as a, (Please check one)
—Proprietorship Sole Practitioner(Dr/Lawyer/etc) X General Partnership
—Limited Partnership Joint Venture Joint Stock Company
_Real Estate Investment Trust Non-Profit _Other
5. List the name(s)and complete street address of Owner(s)under the above Assumed Name.(Please Print)
Name Street City State Zip
EMEBET GETACHEW 2907 MONTAGUE TRL. WYLIE TX 75096
THEODROS M. MEKONNEN 301 COBBLESTONE DR. WYLIE TX 75098
Signature Signature
ignature Signature
riled and Recorded
)f f icial Public Reco,-,!"
)ohn F, Warren, Count., Clerk
)allas County, TEXQc THE STATE OF TEXAS, COUNTY OF DALLAS
)9/!012013 01:2O: 10 PM
516.50 BEFORE, ME,THE UNDERSIGNED AUTHORITY,
on this day personally appeared EMEBET GETACHEW
THEODROS M. MEKONNEN
"I of, known to me to be the person(s)whose name is/are
subscribe to the foregoing instrument and
201300287354 acknowledge to me that he executed the same for the
purpose and consideration therein expressed.
Given under my hand and seal of office, this 10 ' day of September 120 13
jo ARREN,CqtNTY CLERK
BY ----�Deputy
Notary Public in and for Dallas County V
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, December 03, 2013 REFERENCE NO.: **G-18066
LOG NAME: 20THEO LIMOUSINE COMPANY
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Theo Limousine
Company 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. Theo Limousine Company is qualified and financially able to conduct a limousine service
within the City;
c. Theo Limousine Company has complied with the requirements of Chapter 34 of the City Code;
d. Theo Limousine Company 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 Theo Limousine Company operating authority for two
limousines on City streets for a one-year period subject to and conditioned on Theo Limousine Company
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On October 21, 2013, Theo Limousine Company submitted an application requesting authority to operate
two luxury truck 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
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 20THEO LIMOUSINE COMPANY 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 I 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: 20THEO LIMOUSINE COMPANY Page 2 of 2