HomeMy WebLinkAboutOrdinance 21132-03-2014 ORDINANCE NO. 21132-03-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO AMERICAN EXECUTIVES LIMO, 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 THREE (3) 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 AMERICAN EXECUTIVES LIMO, INC.; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AMERICAN EXECUTIVES LIMO, INC., has applied for operating authority to
furnish LIMOUSINE service on the public streets, alleys, and thoroughfares of the City; arid,
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 AMERICAN
EXECUTIVES LIMO,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:
1. The public necessity and convenience require the operation of THREE (3)
LIMOUSINES in the City of Fort Worth,
2. AMERICAN EXECUTIVES LIMO, INC. is qualified and financially able to
efficiently conduct Such business to render such service to the public, consisting of the
operation of THREE (3) 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 Chatter 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
THREE (3) LIMOUSINES by AMERICAN EXECUTIVES LIMO,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 AMERICAN EXECUTIVES LIMO, 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. 21 134-03-2014
Page I of 5
NOW, THEREFORE, BEXTORDAINED HY THE CITY COUNCIL OF THE CITY OF
FORTWORTH' TEXAS THAT:
SECTION
AMERICAN IIXEClOJ,DVE8 LIMO, INC., o CORPORATION, with its principal place of
business and its headquarters in ]POR7[ WORTH, 7[ARRAN1[ CO0Nl[Y, TEXAS hereinafter referred
to as "Company," is ho/ohy granted operating authority to use the present and future streets, alleys and
public thoroughfares of the City of Fort YVodb, Texas, in its business of providing public limousine
service within the said City's municipal |imita with 1[0[REIl (3) LIMOUSINES for one year period
beginning no the effective date,
SECTION 2.
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made a part nf this ordinance ur the findings nf the City Council.
SECTION 3.
The Company, us holder nfthe grant, and the Company's operations hereunder, shall he governed
ut all times by the provisions of state and federal laws and regulations and Chapter 34 nf the Code ofthe
City of Fort VVndh (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 provIsiona of Chapter 34` Code of the
City mf Fort Worth (1986), as amended, and such other ordinances as may headopted 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 \Vnrtk uxxumoa no liability or responsibility in
making this grant, and that by acceptance of this ordinance arid grant, Company hereby oy7eeo to
indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and
against any arid uU claims nr uuits, expense or liability, for any and all property damage or \nao and/or
pmraunmi 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. 2||34-03-20l4
Page%vf5
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.
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 Port Worth City Council.
Ordinance No. 21.134-03-201.4
Page 3 of 5
SECTION 10.
Nothing herein contained shall he held or construed to confer Upon the Company exclusive rights
wr privileges nf 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.
The1oonu and provisions of this ordinance are severable and mbu|| he governed by Section 1-5 of
Chapter of the Code of the City ofFort Worth, Texas (l98h), aaamended.
SECTION 13.
The provisions of this ordinance ohu|\ he and are hereby declared to be ounou|u1ive 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 rnunioipu| 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.
/\ penalty oouy be imposed for violations of this ordinance in an umouo1 not to exceed five
hundred dollars ($500.00). Each day that oviolation exists shall constitute u separate offense. Any
violation of this ordinance uhuU bou class C misdemeanor,
SECTION 15.
After adoption of this ordinance, Company shall pay all required fees and file with dbe City
Secretary written acceptance of the rermsand provisions hereof. Such acceptance of and agreement tothe
provisions of this ordinance and grant shall be evidenced 6v the signature of the Company's authorized
representative on the final page ofthis 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 fnrTHREE (3) days in the official newspaper of the City of Fort Worth, Texas, na
Ordinance No. 2\|34-0]-20l4
Page 4v[5
authorized by Section 52.013 of the Texas t,ocal 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
AMERICAN EXECUTIVES LIMO,INC., and publication as required by law,
APPROVED AS TO FORM AND LEGALITY:
............
L 2.......
VCL;_--
(I ---------
ASSISTANT CITY" ATTORNEY— a/vyvy� K a e
CITY SEC Y
ADOPTED: Marcia
4 2014
EFFECTIVE-L
ACCEPTED BY:
AMERICAN EXECUTIVES LIMO,INC.
By:
A yj
Yl
i 44-Na ............. ...
rinted a
Signature
Title
DATE:
Ordinance No. 21134-03-2014
Page 5 of 5
Ground Transportation Coordinator Finding Factors
Under Section 34-204, in determining whether or not to recommend the granting of operating
authority, the Ground Transportation Coordinator shall consider, among things, the following items:
0
1. Probable permanency and quality of the service offered by the applicant, the applicant's
experience to rendering such service in the City or similar service elsewhere and the applicant's
past record and experience in adjusting claims and judgments,udgments, ifany, to claimants;
paying
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
J 0
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
G. 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 3/4/2014 - Ordinance No. 21132-03-2014
DATE: Tuesday, March 04, 2014 REFERENCE NO.: **G-18128
LOG NAME: 20ANIERICAN EXECUTIVES LIMO, INC.
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of American Executives
Limo, Inc., to Operate Three Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such
Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
I. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of three limousines upon the
City streets, alleys and thoroughfares;
b. American Executives Limo, Inc., is qualified and financially able to
conduct a limousine service within the City;
c. American Executives Limo, Inc., has complied with the requirements
of Chapter 34 of the City Code;
d. American Executives Limo, Inc., presented facts in support of compelling
demand and necessity for three limousines;
e. The general welfare of the citizens of the City will best be served by the addition of three limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting American Executives Limo, Inc., operating authority for three
limousines on City streets for a one-year period subject to and conditioned on American Executives Limo,
Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986),
as amended.
DISCUSSION:
On January 23, 2014, American Executives Limo, Inc. (Company) submitted an application requesting
authority to operate three 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: 20AMERJCAN EXECUTIVES LIMO, INC. Page I 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$300.00.
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.
FLIND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 421352 0201002 $300.00
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: 20AMERICAN EXECUTIVES LIMO, INC. Page 2 of 2
k-orporduons�ccuojl jonw.3teen
P.O.Box 13697
Secretary of State
Austin,Texas 78711-3697
Office of the See retary of State
CERTIFICATE OF FILING
OF
AMERICAN EXECUTIVES LIMO INC
File Number: 801892599
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic For-Profit Corporation has been received in this office and has been found to
conform to the applicable provisions of law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this certificate does not authorize the use of a name in this state In violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or
Professional Name Act, or the common law.
Dated: 12/04/2013
Effective: 12/05/2013
0
John Steen
Secretary of State
Come visit us on the internet at http:lltvii,ii,.so,s,srate.txiivI
Phone:(5 12)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by:Lisa Sasin TLD: 10306 Document: 518354670002