HomeMy WebLinkAboutOrdinance 21124-02-2014 ORDINANCE NO. 21124-02-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and
CONVENTION CENTER 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 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 RHP PROPERTY GT, LP d/b/a
GAYLORD TEXAN RESORT and CONVENTION CENTER; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted RHP PROPERTY GT, LP d/b/a
GAYLORD TEXAN RESORT and CONVENTION CENTER the authority to operate a lin'10LISine
service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and
CONVENTION CENTER has applied for renewal of its operating authority to furnish lin'10LISIrie service on
the public streets, alleys, and thoroughfares of the City;and,
WHEREAS,the City of Fort Worth, Pursuant to Sections 34-204 and 34-221 of the Code of the City
of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the application of.RHP
PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and CONVENTION CENTER; and,
WHEREAS, upon Such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
I That RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and
CONVENTION CENTER has performed satisfactorily under the terms of its operating
authority;
2. That the service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended;
3. That RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and
CONVENTION CENTER 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 (I) 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,
Ordinance No. 21 124-02-2014
Page I of 5
Section 2 of the Charter of the City of Fort Worth and Section 34-205 of the City Code of
Ordinances;
4. That RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and
CONVENTION CENTER continues to comply with the requirements of Chapter 34 of the
Code of the City of Fort Worth, Texas (1986), as amended, and any violations thereof will
result in the imposition of penalties as provided by Section 34-228 of the City Code of
Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the continued
operation of FIFTEEN (15) LIMOUSINES by RHP PROPERTY GT, LP d/b/a
GAYLORD TEXAN RESORT and CONVENTION CENTER.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
RHP PROPERTY GT, LP d/b/a GAYLORD TEXAN RESORT and CONVENTION
CENTER, a CORPORATION, with its principal place of business in GRAPEVINE, TAR-RANT
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 0[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, Texas(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
Ordinance No. 2 1124-02-2014
Page 2 of 5
of Fort Worth, Texas U986Lasumended. andSuch 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, arid that by acceptance of this ordinance arid grant, Company hereby agrees Windemnify,
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,
ino|udiogdwudb, toanyonduUpersona` ofwhotuoeverkindorchuruoh:r, urisingouto[orincnonechonv/ith
any acts or omissions by Company, its officers, agents, employees., drivers` licensees, invitees and
passengers, in the exercise of the authority gi-anted heroin; and Company uhx|| mxsunno all liability and
responsibility for same.
SECT JON 6.
The Company acknowledges that its drivers, property' and operations aho|| be and remain Subject at
all times to ouch reasonable regn|odon by the City as is or may he necessary to protect the interests of the
general public. An such, the Company understands and acknowledges that during the 0onm of this ordinance
and grant, the City of Fort Worth may adopt suuh ordinances that further regulate the operation of the
Company's service within the City of Fort Worth, including the amount 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. Further, should the City later adopt un ordinance that Would change the nature o[the rights
granted Linder this ordinance, the City reserves the right to cunuo| or otherwise modify any and all rights
,granted undor 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 (}986), as amended.
[n the event the terms and conditions of this ordinance are in conflict with the provisions of any auob
ordinance adopted by the City, the provisions nfsuch later-adopted ordinance obuU supersede the terms and
conditions of this ordinance 1othe extent they are in conflict.
SECTION 7.
The Company acknowledges that payment ofrequired fees, ayspecified in Chapter 34ofthe 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 he obligated \o discharge any claim o/ k/dgmentuguinst it finally established by
law, and the failure todoso for uperiod of one hundred eighty (|80) days shall, ipso facto, terminate all
authority Linder this grant.
Ordinance No. 2| |Z4-U2'ZUi4
Page 3 of 5
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (l986), as amended, the
Company shall. not sell, convey, or transfer this grant ofoperating 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 izs limousine operation without the consent
of the Fort Worth City Council.
SECT ION l0.
Nothing herein contained sbuU be held or construed to confer upon the Company exclusive rights or
privileges of any nature vvba1socver.
SECTION 11.
Any suspension or revocation of the privileges granted herein may be uconmp|isbed 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 he governed by Section 1-5 of
Chapter | of the Code of the City of Fort Worth, Texas (i9D6), onamended.
SECTION 13.
The provisions of this ordinance obnl| be and are hereby declared to be Cumulative of all provisions
of the Code of the City of Fort VVndh, Texas (1986), as umonded, 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.
,\ penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred
dollars ($500.00). Each day that u violation exists shall constitute u oupuostc offense. Any violation of this
ordinance shall beu class Cmisdemeanor.
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 ofand agreement to the provisions
of this ordinance and grant shall be evidenced by the signature of the Company's authorized representative
nn the final page of this ordinance.
Ordinance No. 2| |24-02'20|4
Page 4of5
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
RHP PROPERTY GT, LP d/h/a GAYLORD TEXAN RESORT and CONVENTION CEN'IE R and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY AT Mary J.
CITY SECRETARY
ADOPTED: Veb.ruary 1,8_20-14
EFFECHVE-
ACCEPTED BY:
IMP PROPERTY GT, LP d/b/a
GAYLORD TEXAN RESORT and
CONVENTION CENTER
By
TrCirif&d Name
Title
D ATE:
......
Ordinance No. 21124-02-2014
Page 5 of 5
Ground Transpoi-tation Coordinator Findinp,Factors
Oo der Section 34'27|, subsection (b) in determining whether or not ko recomin end the ronev/a| of
granting operating authority, the Ground Transportation Coordinator shall consider', umong other things,
the following items:
(1) Tbebv|derbumporfbnnedsatisfbutori|yuoderthetcnnoofrhenpenatingoutbori ;
(2) The service provided continues tohe necessary and desirub|e; and
(3) The holder continues to comply with all rcquircmeotoof this chapter.
City of Fort Worth, Texas
Mayor and council Communication
COUNCIL ACTION: Approved on 2/18/2014 - Ordinance No.. 21124-02-2014
.............
DATE: Tuesday, February 18, 2014 REFERENCE NO.: **G-18125
LOG NAME: 20GAYLORD
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of RHP Property
GT, LP d/b/a Gaylord Texan Resort and Convention Center, 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. RHP Property GT, LP d/b/a Gaylord Texan Resort and Convention Center, is qualified
and financially able to conduct a limousine service within the City;
c. RHP Property GT, LP d/b/a Gaylord Texan Resort and Convention Center, has complied
with the requirements of Chapter 34 of the City Code;
d. RHP Property GT, LP d/b/a Gaylord Texan Resort and Convention Center, 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 RHP Property GT, LP d/b/a Gaylord Texan Resort and
Convention Center, operating authority for fifteen limousines on City streets for a one-year period subject
to and conditioned on RHP Property GT, LP d/b/a Gaylord Texan Resort and Convention Center,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
amended.
DISCUSSION:
On December 30, 2013, RHP Property GT, LP d/b/a Gaylord Texan Resort and Convention Center,
(Company) submitted a renewal application seeking to operate fifteen 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 34-271, the Ground Transportation used the attached Ground
Transportation criteria to determine whether or not to recommend the granting of operating authority. The
Logname: 20GAYLORD Page 1 of 2
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.
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
Charter of the City of Fort Worth 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
$900.00.
FISCAL. INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that Transportation and Public Works Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $900.00
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: 20GAYLORD Page 2 of 2
Corporations Section -0/ Roger Williams
P.O.Box 13697 Secrelaq of Yale
Auslin.Texas 78711-3697
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Opryland Hotel - Texas Limitqt-Patinership
File Number 800016210
Assumed Name:
Gaylord Texan Resort and Convention Center
The Undersigned, as Secretary ol:'State of Texas, hereby certifies that the assumed name certificate for the
above named entity has been received in this office and filed as provided by law on the date shown below.
ACCORDINGLY the undersigned, as Secretary of State, and by Vil-KIC Of the authority vested in the
secretary by law hereby issues this Certificate offifing.
Dated: 06/20/2006
Effective: 06/20/2006
COP) Roger Williams
Secretaty of State
Collie visit us on(tic iliterliet
Phone: (5 12)463-5555 RIN:(.5 12)463-5709 rry:7-1-1
Prepared by: Lisa Sasin Document: 133763910002
'
�
/
Form 503 This space reserved for office use.
(Revised 01106)
Seci-mtaryorState In the Office Of the /
!
^^...~~ ^^~ '.' ^^`'~~' Assumed Name Certificate
JUN 2 ]
5124b3'5555 /
FAX: 512 463-5709
Filing Fee: $25 COrPorations Section
The assumed name under which the business oc professional service is, uriVLo be, conducted m« >
rendered is: Gaylord.Texan Resort and Convention Center
The name of the entity filing the assumed name is: �
Opryland Hotel-Texas Lin-dted Partnership-
State
not filed with the secretary of state.
The filing entity isa: (Select the appropriate entity type bx|ow.)
nFor-pruGt Corporation Fl Professional Corporation
Fl Nonprofit Corporation FlProfessional Limited Liability Company
Cooperative Association Professional Association
FlLimited Liability Company Z Limited Partnership
171 Other
Specify type of entity if there is no check box applicable.
The file number, if any, issued to the filing entity 0y the secretary of state is: 800016210
The state,country, or other jurisdiction of formation is: Delaware
'rho registered nr similar office 0f the entity in the jurisdiction of formation is:
CSC,2711 Centerville Road,Suite 400,Wilmington,DE 19808,New Castle County
The entity is required to maintain a registered office and agent in Texas. The address of its
registered office in Texas and the name of the registered agent at such address is:
CSC. 701 Brazos Street,Suite 1050, Austin, IX7D7Ol,Travis County
The address of the principal office of the entity(if not the same as the registered office) is:
FJ The entity is not required to maintain a registered office and agent in Texas. Its office address in
Fann50 4