HomeMy WebLinkAboutOrdinance 21155-03-2014 ORDINANCE NO. 21,155-03-201.4
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO THEODORE 0 GRAY and FALLIE HILL GRAY d/b/a
ELIJAH'S PALACE LUXURY CAR AND LIMOUSINE SERVICE, 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) LUXURY TRUCK 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 THEODORE 0 GRAY
and FALLIE HILL GRAY d/b/a ELIJAH'S PALACE LUXURY CAR AND
LIMOUSINE SERVICE; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, THEODORE 0 GRAY and FALLIE HILL GRAY d/b/a ELIJAH'S
PALACE LUXURY CAR AND LIMOUSINE SERVICE, 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
THEODORE 0 GRAY and FALLIE HILL GRAY d/b/a ELIJAH'S PALACE LUXURY
CAR AND LIMOUSINE SERVICE; 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)
LUXURY TRUCK LIMOUSINE in the City of Fort Worth;
2. THEODORE 0 GRAY and FALLIE HILL GRAY d/b/a ELIJAH'S
PALACE LUXURY CAR AND LIMOUSINE SERVICE is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of ONE (1) LUXURY TRUCK
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
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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) LUXURY TRUCK LIMOUSINE by THEODORE 0
GRAY and FALLIE HILL GRAY d/b/a ELIJAH'S PALACE LUXURY
CAR AND LIMOUSINE SERVICE 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 THEODORE 0 GRAY and
FALLIE HILL GRAY d/b/a ELIJAH'S PALACE LUXURY CAR AND
LIMOUSINE SERVICE and any violations thereof will result in the imposition
of penalties as provided by Section 34-228 of the City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
THEODORE 0 GRAY and FALLIE HILL GRAY d1b/a ELIJAH'S PALACE
LUXURY CAR AND LIMOUSINE SERVICE, a GENERAL PARTNERSHIP, with its
principal place of business and its headquarters in FORT WORTH, TARRANT 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. ONE
(1) LUXURY TRUCK LIMOUSINE 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.
Orditiarice No. 21155-03-2014
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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 ftill,
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, Cornpany
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, 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 set-vice within the City of Fort Worth,
including the amount of fees to be paid; and that upon the adoption thereof, the Company shall
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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 Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
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SECTION 11.
Any suspension 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 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.
ri
A penalty may be imposed for violations of this ordinance in an amount not to excecr,c.
five hundred dollars ($500.00). Each day that a violation exists shalt 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 THREE (3) days in the official newspaper of the City of
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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 1-7.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by THEODORE 0 GRAY and FALLIE HILL GRAY d1b/a ELIJAH'S PALACE
LUXURY CAR AND LIMOUSINE SERVICE, and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
..........
ASSIST NT CI ATTORNEY Mary J. S
CITY SEC **** NARY
ADOPTED: March j 8,2014
EFFECTIVE:
ACCEPTED BY:
THEODORE 0 GRAY and FALLIE
HILL GRAY d/b/a ELIJAH'S PALACE
LUXURY CAR AND LIMOUSINE
SERVICE, A GENERAL
PARTNERSHIP
By:
)CA1
Printed Nar"101— —
. . ...............
Signature
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Title
DATE:
Ordinance No.21155-03-2014
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/18/2014 - Ordinance No. 21155-03-2014
DATE: Tuesday, March 18, 2014 REFERENCE NO.: **G-18146
LOG NAME: 20ELIJAH'S PALACE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Theodore O Gray
and Fallie Hill Gray d/b/a Elijah's Palace Luxury Car and Limousine Service to Operate One Luxury Truck
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 luxury truck limousine
upon the City streets, alleys and thoroughfares;
b. Theodore O Gray and Fallie Hill Gray d/b/a Elijah's Palace Luxury Car and Limousine Service
is qualified and financially able to conduct a limousine service within the City;
c. Theodore O Gray and Fallie Hill Gray d/b/a Elijah's Palace Luxury Car and Limousine Service
has complied with the requirements of Chapter 34 of the City Code;
d. Theodore O Gray and Fallie Hill Gray d/b/a Elijah's Palace Luxury Car and Limousine Service
presented facts in support of compelling demand and necessity for one luxury truck limousine;
e. The general welfare of the citizens of the City will best be served by the addition of one luxury
truck limousine upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Theodore O Gray and Fallie Hill Gray d/b/a Elijah's Palace
Luxury Car and Limousine Service operating authority for one luxury truck limousine on City streets for a
one-year period subject to and conditioned on Elijah's Palace Luxury Car & Limousine Service complying
with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On February 10, 2014, Theodore O Gray and Fallie Hill Gray d/b/a Elijah's Palace Luxury Car and
Limousine Service (Company) submitted an application requesting authority to operate one luxury truck
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 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
Logname: 20ELIJAH'S PALACE Page 1 of 2
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.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
grantee and COOnp|CtioO of the publication roquiromont, in accordance with Chapter )0(V. Section 2 of the
City Charter and Section 34-2O5of the Code ofOrdinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated tOb8
in the amount Of $200.O0.
FISCAL INFORMATION / .
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:GG01 421352 0201002
$28000
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head: Douglas VV. VWersig (7801)
Additional Information Contact: Gerald Taylor /6987>
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 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.
MARY L{]U/SE GARCIA
'
COUNTY CLERK
/
\ Taylor
PHONE (817) 884-1550
Certificate of Assumed Name
File #/\214000471
|. MARY 0U|GE GARC|/\ County Clerk of the County of TA8RANT COUNTY do hereby certify that
THEODORE CJ GRAY, FALL|E HILL GRAY
has filed in the office of the County Clerk on the 01/10/2014 a certificate setting forth the name of
EUJAH^S PALACE LUXURY CAR AND UK8C2US/NE SERVICE
712SSTARNOOO DR, FORT WORTH TEXAS 7G137
under which business is to be conducted or tnanoaoted, together with the true full name of each person conducting such
business:
/ �
THEODORE OGRAY
FALL|E HILL GRAY
^
Witness my hand and seal of office, this the 1 M 2014
MARY LOU|SE GARCL4
(Seal)
Clerk ofTARRANT COUNTY, TX
B . Deputy
/
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