HomeMy WebLinkAboutOrdinance 21198-04-2014 ORDINANCE NO. 21198-04-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO AETS, LLC 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 AETS, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted AETS, LLC the authority to operate a
limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, ALTS, LLC has applied for renewal of its operating authority to furnish limousine
In
service on the public streets, alleys,and thoroughfares of the City; and,,
WHEREAS, the City of Fort Worth, ptit-SUant 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
AETS,LLC; 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 AETS,LLC has performed satisfactorily under the terms of its operating authority;
2. I'llat 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 AETS, LLC 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 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;
4. That AETS, LLC 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,
Ordinance No.21198-04-2014
Page I of 5
5. That the general woE/ro of the citizens of Fort Worth will best be served by dle
coobxueJ operation of FIFTEEN (15) LIMOUSINES hy /\E[3` lJLC.
NOW, THEREFORE, BEyT ORDAINED 8y THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1
AE?S,lLLC,u LIMITED LYA0ILT,K CORPORATION, ,/i1b i1spriucipa|p|ucuofhusinessin
FORT WORTH, TARRANT COUNTY, TEXAS, hereinafter re/erred to as ^^Compony," is hereby
granted operating authority 10 use the present arid future streets, u||eym and public thoroughfares of the
City of Fort Worth, Ioxuo, in its business of providing public limousine service within the said City's
municipal |�miio with FIFTEEN (15) LIMOUSINES for one year period beginning outhe effective
dote.
SECTION 2.
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made u part of this ordinance asthe findings of the City Council.
SECTION 3.
The Company, uo holder oftke grant,and the Company's operations hereunder, shall he governed
at all times by the provisions of state and federal laws and regulations arid Chapter 34 of the Code of the
City oFFurt Worth,Texas (|986), usamended.
SECTION 4.
The authority herein granted shall be and remain subject to said Company's full, complete, arid
satisfactory continuing compliance with all federal, state, and local laws and ordinances, including but not
|imitod to the Charter nfthe City of Fort Worth, and all relevant provisions o[Chapter 34, Code of the
City of Fort Worth, Texas(1.986), as amended,and Such other ordinances as may be adopted from time to
time by the City Council governing arid regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
The Company uokon.|rdgco that the City of Fort. \Vmrtb aosumcx no liability or responsibility in
making this grant, and that by acceptance of this ordinance and grun1. Company hereby uQnoes to
indernmfy, hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and
Ordinance No. 21198-04-2014
Page 2vf 5
against any and all claims or suits, expense or liability, for any and all property damage or bao and/or
personal i/J ury, including death, to any and uU persons, of wkusucvor kind or character arising out ofor
in connection with any acts or omissions by Company, its ntOcero, ugooty, employees, drivers, licensees,
invitees and passengers, in the exercise of the authority granted herein; and Company s6u|) assume all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property, and operations shall 6o and remain subject
at all times to aouh reasonable mgu|ubno 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 toou of this
ordinance arid 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 abnJ| begin conducting its operations in compliance with the
provisions of such ordinances. Further, should the City later adopt an ordinance that vvouN nkaogo the
nature of the rights granted under this ordinance, the City reserves the right to cancel or otherwise modify
any and all rights granted unJcr this ordinance arid issue u new grunt 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 couditinos of this ordinance are in conflict with the
provisions ofany such ordinance adopted by the City, the provisions ofsuch later-adopted ordinance shall
supersede the terms arid conditions ofthis ordinance to the extent they are in conflict.
SECTION 7.
The Company uckuop/|c6@eo 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.
SECT ION S.
The Company xhu]| be obligated to discharge any claim or udgmeotugaiou1 it finally established
by law, and the failure tod000 for u period of one hundred eighty (|80) days shall, ipooftic/o' terminate
all authority undor this grant.
S0C{l0N y.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended, the
Company xhu(| not sell, convey, or transfer this grant of operating authority to any other person, firm, or
corpura(iuo Without the prior formal consent and approval of the City Council ofthe City of Fort Worth,
Ordinance No. 2| |98-04-20|4
Page 3of5
nor shall the Company ooU, transfer, assign, or otherwise encumber its limousine operation without the
consent of the Fort Worth City Counnii
SECTION 10.
Nothing heroin contained mhuU be bu1d or construed to confer upon the Company exclusive rights
or privileges ofany nature whatsoever.
SECTION l]'
Any ouopeuoiou or revocation of the privileges granted ben:iu 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 he governed by Scohoo l-S of
Chapter | of the Code ofthe City of Fort Worth,Texas(|986). us amended.
SECTION 13.
The provisions of this ordinance shall be and are hereby dxo/orod to be cumulative of all
provisions of the Code of the City of Fort Worth, Texas (1986). as umenJod' with respect to the
regulation and opeou(nu of public limousine service within the City's municipu| limits, and, in the event
of conflict between the provisions of this ordinance and such Code, the provisions of the City Code chu]|
govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed five
hundred dollars ($580.00). Each day that a violation exists uhuU 000ubtute u sopu,u»c offense. Any
violation of this ordinance shall be ao|axx C misdemeanor.
SECTION 15.
After adoption of this ordinance, Company shall pay all required fees and file with the City
Secretary written acceptance ofthe terms and provisions hereof. Such acceptance nf and agreement uothe
provisions of this ordinance and grant shall be evideoccd 6ydbc signature of the Company's authorized
representative on the final page of this ordinance.
Ordinance No.21198-04-2014
Page 4n[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 two (2) days in the official newspaper of the City of Tort 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
AETS,LLC and publicatiori as required by law.
APPROVED AS TO FORM AND LEGALITY:
.
)41/�
('j
"
� h om
SSISTANT CITY ATTORNEY Mary J. -'y.er
CITY SEC TARY
ADOP'T'ED: April 15 2014
EFFECTIVE:
ACCEPTED BY:
AFTS,LLC
By:
Printed Name
Signature
, e.,- . . ........_
Title
DATE:
Ordinance No.21198-04-2014
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL.ACTION: Approved on 4/15/2014 - Ordinance No. 21198-04-2014
DATE: Tuesday, April 15, 2014 REFERENCE NO.: **G-18175
LOG NAME: 20AETS, LLC
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of AETS, LLC,
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. AETS, LLC, is qualified and financially able to conduct a limousine service within
the City;
c. AETS, LLC, has complied with the requirements of Chapter 34 of the City Code;
d. AETS, LLC, 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 AETS, LLC, operating authority for fifteen limousines on City
streets for a one year period subject to and conditioned on AETS, LLC, complying with all requirements of
Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On March 18, 2014, AETS, LLC (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 Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Finding Factors are attached to this Mayor and Council
Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 20AETS, LLC Page 1. of 2
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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
$900,00.
FISCAL INFORMATION /CERTIFICATION;
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccountJCenters
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)
Lognarne: 20AETS, LLC Page 2 of 2
Secretary of state 4/30/2013 11 : 04:J4 AM VAUL Z/OUZ PaX berver
Corporations Section folm Steen.
P,O.Box 13697
Secretary of State
Austin,Texas 787)1-3697
Office of the Secretary of State
CERTIFICATE OF FILING
OF
AE'FSLLC
801351308
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Amendnient for the
above named entity has been received in this of5ce and has been found to confonn to the applicable
provisions of law.
ACCORD MIX, 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,
-Dated: 04/29/2013
Effective: 04/29/2013
John Steen
Secretary of State
Comevisit us on the internet at http://wwv.sos.,viate.t'C.u.vl
Phone:(512)463-5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by: Lynda Boots TID: 10303 Document:477982400002
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