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HomeMy WebLinkAboutOrdinance 21211-04-2014 ORDINANCE NO.21211-04-2014 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO DOONI INC. dib/a DOONI LIMOUSINE TRANSPORTATION, 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 DOONI INC. dib/a DOOM LIMOUSINE TRANSPORTATION; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, DOOM INC. d1b/a DOONI LIMOUSINE TRANSPORTATION, has applied for operating authority to furnish LIMOUSINE service on the public streets, alleys, and thoroughfares of the City-,and, WHEREAS, the City of Foil 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 DOOM INC. d1b/a DOONI LIMOUSINE TRANSPORTATION; 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 THREE (3) LIMOUSINES in the City of Fort Worth-, 2. DOONI INC. d/b/a DOONI LIMOUSINE TRANSPORTATION 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 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 THREE (3) LIMOUSINES by DOOM INC. d1b/a DOONI LIMOUSINE TRANSPORTATION and, 4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (086), as amended, have been complied with by DOOM INC. d/b/a DOONI LIMOUSINE TRANSPORTATION 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. 21211-04-2014 Page 1 of 5 NOW, THEREFORE, BE IT ORDAINED BV THE CITV COUNCIL OF THE KITV OF FORT WORTH,TEXAS THAT: SECTION 1. DOONI1NC. 6/b/a DOONI LIMOUSINE TRANSPORTATION, u CORPORATION, with its principal plum: of business and its headquarters in GARLAND, DALLAS oCODN1[l/, TEXAS hereinafter referred to as ^'C000pooy'^ is hereby granted operating authority to use the present and future streets, alleys and public thoroughfares of the City ofFort Wurth. Texas, in its business oFproviding public limousine service within the said City's nuuuioipmJ I'm-tits with THREE (3) LIMOUSINES for u one year period beginning on the effective date. SECTION 2. 'Me findings and recitations contained in the Pnuarnh|o hereof are expressly incorporated into and made a part oft6io ordinance umthe findings of the City Council. SECTION 3. The Company, as holder ofthe grant, and the Company's operations hereunder, shall be governed at all times hv the provisions u[state and G:doru| |mvo and regulations and Chapter 34 of the Code of the City o[Fort Worth(}o86). ueamended. SECTION 4. The authority herein granted shall be and remain subject to said Company's bd|` onruo|oie and xuhmtbdory 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), asmzendeJ_ and such other ordinances as may 6o adopted Grorn time \o time by the City Council goventing and regulating the operation of limousines in the City of Fort Worth. SECTION 5. The Company acknowledges that the City of Fort Worth aoaozoou no liability or responsibility in making this grant, and that by uucep|unuo of this ordinance arid grunt, Cuuzpuoy hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and against any arid a\l u|uiou or suitu, expense or liability, for any arid all property dmmnAu or \uay and/or personal {njury, including deu/b` to any and all p«rsons, of whatsoever kind orcharacter, arising out of or in connection with any acts oz omissions hy Coompuoy, its officers, agents, employees, drivers, iioeomceu, Ordinance No. 2121I-04-2014 Page%of5 S—ECTION 9. Pursuant to Chapter 34 of the Code of the City of Fort Worth, Tcxue. (1986). as umcmdmd, the r"","""., A°\| °°/ "~l| ,""""" °, tr,nqfP, H`iq *r^n/ ofonoro6nLy au1ho.rim/ to uov other ncraoo. Oon or 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 DOONI INC. d/bla DOONI LIMOUSINE TRANSPORTATION,and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ,i A SIS'TANT CITY ATTORNEY"" -- Macy J. Kati r . CITY SEcRJ Mary ADOPTED: April 22,2014 EFFECTIVE: 1J ACCEPTED BY: DOONI INC. d1b/a DOONI LIMOUSINE TRANSPORTATION By: Printed Nark Title DATE:W — Ordinance No. 21211-04-201.4 Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/22/2014 - Ordinance No. 21211-04-2014 DATE: Tuesday, April 22, 2014 REFERENCE NO.: **G-18189 LOG NAME: 20DOON1, INC. SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding Application of Dooni Inc. d/b/a Dooni Limousine Transportation 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: 1. 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. Dooni Inc, d/b/a Dooni Limousine Transportation, is qualified and financially able to conduct a limousine service within the City, c. Dooni Inc. d/b/a Dooni Limousine Transportation, has complied with the requirements of Chapter 34 of the City Code; d. Dooni Inc. d/b/a Dooni Limousine Transportation, 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 Dooni Inc. d/b/a Dooni Limousine Transportation, operating authority for three limousines on City streets for a one year period subject to and conditioned on Dooni Inc. d/b/a Dooni Limousine Transportation, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: On March 31, 2014, Dooni Inc. d/b/a Dooni Limousine Transportation (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 recornmend 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: 20DOONI, INC. Pagel of 2 Theone-yearpehodshaUm)mmenoeontheeffeodmadeh*' vvhiohahaUbeuponecceptyncebvthe grantee and completion of the publication n:quiremcmt, in accordance with Chapter)CXV. Section 2 of the City Charter and Section 34-205of the Code ofOrdinances. The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be in the amount of$30O,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. FUND CENTERS:TO Fund/AccounVCenters FROM Fund/AccounVCenters GG01 421352 0201002 $300.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas VKV@ersi8 (7801) Additional Information Contact: Gerald Taylor (6887) _ l 600ronry of. btato 13/11/;o14 PM PAGE Z/O()2 b'ax Server pl 1 � Corpora tionsScction Cyy �jw1dlta L7Er!'!' P.tJ,Box i3697 Secretary of Stota AV.gtin,Toxa.5 78711-1(597 �I Office of the Secretary of Stag CERTIFICATE OF FILING OF 1 DOOM INC. T'i!e Number: 801949404 � l The unticr�igned, a;~ Scetuetmy of State of Texrt_s, hei,eby certifies that a Certificate of Fonnatinn for the n6ow mrncd Dorie-stic Por-Profit ('orporation has hea.n received in this officc and ho boon found to conform to the applicable provisions of law. I AC'('(7RDli�1(;T-,Y, the uttdmipud, as SecretaTy of.hate, and by virtue of the authority vested in the sc,civwry by law, hereby issues this certificate ovidencing filing effective on the date sliowil below, T'h4 iwsMincc;ot'this certificate does not authorize the use of a name in this gtatc in violation of thu tights of another twder the Act of 1940, t4c, Texas tt-ade nark law. the Assumed Businoss or Professimml Name Act,or the common law. il Dated: 03/10/2014 Ef{ective: 03/1 0/2014 Nandita Barry 4 `secretary of State Come rIVI/us oil thf,hve nee Phone:(;512)4613-5,5 Prix;(S 12)463-5709 Dial:7-1-1 for Relay Sorvicx5 Preptn'ed by;Join Murchione TID: 10306 nocumenr:533187530002 Ground Transportation CUrdinator Findina Factors Under Soohoo 34`204, in dob:ooiubng whether nr not to recommend the &ruobu8 of operating authority, the Ground Transportation Coordinator shall consider, among other things, the following items: I. Probable permanency and quality of the service offered by the applicant, the applicant's experience in rendering such service in the City or sinnJu/ service o|ucvherc 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 uluicou or judgments arising by reason of business operations, injury to pet-sons, or damage to property resulting from operation nfa limousine service; 3. The character and modibunofthe vehicles Wkuused; 4. lftbc applicant iou corporation oz other business entity, the qualification o[the officers, directors, members and persons with ronoonuic 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 ofito officers,members and stockholders; and 6 Such oUbcz ioforiuu|iuu as prcoeuiu6 during any public bcuciog that may boo/ on the public necessity and convenience.