HomeMy WebLinkAboutOrdinance 21104-01-2014 ORDINANCE NO. 21104-01-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO KEPLER INVESTMENT, INC., 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 FIFTEEN (15) LIMOUSINES, FOR A ONE (1) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING THE
TERMS AN]) CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN
ACCEPTANCE BY KEPLER INVESTMENT, INC.; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, KEPLER INVESTMENT, INC., 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 KEPLER
INVESTMENT, INC.; 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 FIFTEEN (15)
LIMOUSINES in the City of Fort Worth;
2. KEPLER INVESTMENT, INC. is qualified and financially able to efficiently conduct
Such business to render Such service to the public, consisting of the operation of
FIFTEEN (15) 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
deten-nined 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
FIFTEEN (15) LIMOUSINES by KEPLER INVESTMENT, INC. 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 KEPLER INVESTMENT, INC. 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. 21104-01-2014
Page I of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
KEPLER INVESTMENT, INC., a CORPORATION, with its principal place of business and
its headquarters in IRVING, 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 FIFTEEN (15) 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. 21104-01-2014
Page 2 of 5
invitees and passengers, in the exercise of the authority granted herein; and Company yhu|| assume all
liability and mmponnibUity for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations yku|| 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 gcuens| public. &s Such, the Company understands and acknowledges that during the term ofthis
ordinance and grant, the City ofFort Worth may adopt such ordinances that further regulate the operation
of the Company's service within the City ofFort Worth, including the umnuntuf fees to be paid; and that
upon the adoption thcroof, the Company sbm|| 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 rights granted under this ordinance, the city reserves the right to uuncc| or otherwise modify
any and all rights granted under this ordinance and issue moe* 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
(1980), as amended. In the event the x:/ma and conditions of this ordinance are in conflict with the
provisions of any such ordinance adopted by the City, the provisions ofsuch later-adopted ordinance shall
supersede the tcrmo and conditions of this ordinance hothe extent they are if) 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 u requisite to exercising the privileges
granted herein.
SECTION 8.
The Compmoyshall be obligated to discharge any u|ubnorJudgmuo( against itfinally established
by |mw` and the failure to do so for u period of one hundred eighty (|80) days ahm||, ipso facto, terminate
all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (]986), as amended, the
Company uhu|| not amiL convey or transfer this grant of operating authority to any other person, firm or
corporation vvithout the prior fbnoa| consent and upp,mvn| 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.
Ordinance No. 2| |04'0|-20)4
Page of
SECTlONN10.
h/mhbiog herein contained shall he held or construed to confer upon the Company exclusive rights
or privileges of any nature whatsoever.
SECTION 11.
Any suopeosion or revocation of the privileges granted herein may be accomplished Linder 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 arid sbuU be governed by Section i-5 of
Chapter | of the Code of the City of Fort Worth, Texas (|986), uoamended.
SECTION 13.
The provisions of this ordinance uhu|| be arid are hereby dcc|u,od to be ournu|odve 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 munioipai limits, and, {u the event
of conflict between the provisions of this ordinance and such Code, the provisions of the City Code oboU
govern and prevail.
SECTION 14.
& penalty may be imposed for violations of this ordinance in an amount not 10 exceed five
hundred do||uo ($500.00). Each day that uviolation exists xba|| constitute u separate offense, Any
violation of this ordinance shall be uduxs 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 arid agreement to the
provisions ofthis ordinance arid grant shall be evidenced by the signature of the Company's authorized
representative onthe final page of this ordinance.
Ordinance No. 2||O4'O|'ZO|4
Page 4o[5
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 THREE (3) 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
KEPLER INVESTMENT, INC., and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
.............
................
ATTORNEY ia)J. a se
ASSISTANT CITY
CITY SECRETARY
ADOPTED: January 28, 2014
EFFECTIVE:
ACCEPTED BY:
KEPLER INVESTMENT, INC.
By:
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---------------
Printed Name
............../...........................
Signature
Title
DATE:
Ordinance No. 21104-01-2014
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1
Corporatiom Secdoh E U John Steen
P.O.Box 13697 y�'�'�� Secretary of State
CAnstim Texas 78711-307 ix
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Office of the Secretary of State
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The undersigned, as Secretary of State of Teu. s, does hereby certify that the attached is a true and
correct copy of each document on file in this office as descn-bed below:
1 '
UPLEW
1 Filing Number: 30 143762.5
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Certificate of Amendment Jlt?drf3
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In testimony whereof I have hereunto signed ray name
officially and caused to be impressed hereon the Seal of
State at my office in Austin, Texas on June 28, 2013.
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I
John Steen
J Secretary of State
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Ground Transportation Coordinator Finding, Factors
Under Seodno 34'204, in determining whether or not to rcoomozood the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following items:
l. Probable permanency and gouDty of the service offered by the applicant, the applicant's
experience inrcudcdngsuch service in the City orsimilar service cisnn�htze and the applicant's
past record and experience in adjusting claims and paying judgments, if any, to uluizuuota;
2. The applicant's fioouoiul ability to provide the doaodbod service and ability to respond to claims
or judgments arising by rcumno of business operations, injury to perawuo' or damage to property
roum|dog from operation ofu limousine service;
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4. If the applicant is a corporation or other business entity, the qualification of the officers, directors,
members and persons with ou0000uio 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 oburuo\nr and past record and, if the applicant in a corporation or other business
entity, that of its officers,oonoibn/s and stocldbo|dnro; and
6. Such other information as prouru\cd during any public beuduQ that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/2812014 - Ordinance No, 21104-01-2014
DATE: Tuesday, January 28, 2014 REFERENCE NO.: **G-18113
LOG NAME: 20KEPLER INVESTMENT, INC.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Kepler Investment,
Inc., to Operate Fifteen 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 fifteen limousines upon the
City streets, alleys and thoroughfares;
b. Kepler Investment, Inc., is qualified and financially able to conduct a limousine service
within the City;
c. Kepler Investment, Inc., has complied with the requirements of Chapter 34 of the City Code;
d. Kepler Investment, Inc., presented facts in support of compelling demand and necessity for
fifteen limousines;
e. The general welfare of the citizens of the City will best be served by the addition of
fifteen limousines upon City streets,alleys and thoroughfares; and
2. Adopt the attached ordinance granting Kepler Investment, Inc., operating authority for fifteen
limousines on City streets for a one-year period subject to and conditioned on Kepler Investment, Inc.,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On December 23, 2013, Kepler Investment, Inc., submitted an application requesting authority to operate
15 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: 20Kepler Investment, Inc. Page I of 2
The one-year period shall commence On the effective date, which shall be upon acceptance bvthe
grantee and completion of the publication naquinannont, in accordance with Chanter XX)J, Section 2 of the
City Charter and' Section 34-2O5of the Code VfOrdinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
in the amount of $9OO.0O.
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 $900.00
CERTIFICATIONS:Submitted for Cily Manager's Office by:
Fernando Costa (6122)
Originating Department Head: Douglas W. VWeraig (7801)
Additional Information Contact: Gerald Taylor (0987)