HomeMy WebLinkAboutOrdinance 21225-04-2014 ORDINANCE NO.21225-05-2014
AN ORDINANCE GRANTING THE PRIVILEGE 01' OPERATING
AUTHORITY TO AHMED ROMADAN d/b/a KERMIT TRANSPORTATIONS,
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 (1)
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 AHMED
ROMADAN d/b/a KERMIT TRANSPORTATIONS; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AHMED ROMADAN d/b/a KERMIT TRANSPORTATIONS, has applied for
operatiale, 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 AHMED
ROMADAN d/b/a KERMIT TRANSPORTATIONS; 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 LIMOUSI-NE in the City of Fort Worth;
2. AHMED ROMADAN d/b/a KERMIT TRANSPORTATIONS is qualified and
financially able to efficiently conduct such business to render such service to the public,
consisting of the operation of ONE (I) 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 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 (I) LUXURY TRUCK LIMOUSINE by AHMED ROMADAN (1/b/a KERMIT
TRANSPORTATIONS and,
4. Al.l other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by AHMED ROMADAN d/b/a KERMIT
Ordinance No.21225-05-2014
Page I of 5
TRANSPORTATIONS and any violations thereof wit[ result in the imposition of
penalties as provided by Section 34-228 o[the City Code of Ordinances.
NOW, THEREFORE, DED[ ORDAINED DY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION I.
AHMED R0MADAN DD0/A KERMI? TRANSPORTATIONS, a SALE
PROP RI3C](ORSl[[P,with its principal place of business and its headquarters in GARLAND,]N/\I.L/kS
COUNTY, TEXAS hereinafter referred {ous ^^Conupuny," is hu,chy granted operating authority to use
the present and future streets, u||cya and public thoroughfares of the City of Fort VVorth. Tcxnu' in its
business of providing public limousine service within the said City's municipal limits with ONE (l)
LEXURY TRUCK LIMOUSINE for a one year period beginning on tile effective date.
SECTION 2.
The findings and recitations contained in the preamble hereof are expressly incorporated into and
made a part of this ordinance oo the findings of the City Council.
SECTION 3.
The Company, as holder of the grant, and the Company's upu/oti*no hereunder, shall be governed
u1 all times hy the provisions of state and federal laws and regulations and Chapter 34of the Code ofthe
City o[Fort Worth (ly86)` uxamended.
SECTION 4.
The authority herein granted skui| be arid remain ouLjjvot to said Company's fv||, complete and
satisfactory continuing compliance with all federal, state and !nou| |av/o and ordinances, including but not
limited to the Charter ofthe City of Fort Worth, and all re|ovoo, provisions of Chapter ]4` Code of the
City of Fort Worth (1986), as amended, arid 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 orresponsibility in
making this grant, and that by acceptance of this ordinance and grxxi' Company hereby agrees to
iodomnify, ho|dburm|uso and defend the City ofFort VVorth, its ofOomrn, agents,and employees, from and
Ordinance No. I|225-05-28}4
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against any and all u|uims orsuils. expense or liability, for any arid all property damage or |ooy and/or
personal i Jury, inc|udingduuth, muoyunduUpmsons, ofwhatsuoverkindorcharuo1 r, 00iyingourofor,
in connection with any acts or omissions by Company, its officers, agentm, employees, drivers, licensees,
invitees and passengers, in the exercise of the authority grunted herein; and Company ahoJ| assume all
liability and responsibility for same.
SECTION 6.
The Company uckomv|cdgoodhxt 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 arid grant, the City uf 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 offees to he paid; and that
upon the adoption thereof, the Company uhu|| begin conducting its operations in compliance with the
provisions Of Such ordinances. Further, should the City later adopt an o,Jiovnuc that vvou|J change the
oamn: of the rights frumcd tinder this ordinance, the city reserves the right to cancel or otherwise modify
any and all rights granted under this ordinance and issue u 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 hy the City, the provisions ofsuch later-adopted ordinance shall
xuperxedc the terms and conditions of this ordinance to the extent they are in conflict.
SECTION 7.
The Company uukxov/|md&es 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 orjudgmeotaguiost 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 tinder dhisgrant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Tozos. (1986), as amended, the
Company ahu|| not mo||, convey or transfer this gmuz of operating authority to any other person, brno or
Ordinance No. 2i225-U5-2Ol4
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corporation without the prior formal 000sm/\ and approval of the City Council of the City of Fort Worth,
nor shall the Company aeU` kunaOor, 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 ofany 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.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of
Chapter of the Code o[the City o[Fort Worth, Texas(|9Q6)` uuamended.
SECTION 13.
The provisions of this ordinance shall be and are hereby declared to be uunuu|udve of all
provisions of the Coda of the City of Fort Worth, Tnsoo (1986), as amended, with respect to the
rogv|uriuo and operation of public limousine service within the City's muoioipu| limits, und, in the event
nf conflict between the provisions oF this ordinance and suCk Code, the provisions of the Ci(y 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 skuU onourirune u oepuruna offense. Any
violation of this ordinance shall 6eu class Cmisdemeanor.
SECTION 15.
After adoption of this ordinaoce. Company shall pay all required fees and 0e with the City
Secretary written acceptance «[the terms and provisions hereof. Such acceptance of and agreement tothe
provisions nf this ordinance and grant shall be evidenced by the signature nf the Company's authorized
representative onthe fiux| page of this ordinance.
Ordinance No.2|Z25'V5-2O\4
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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
AHMED ROMADAN d/b/a KERMITT11CANSPORTATIONS, and publication as required bylaw.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTORNEY'"" Mary J.Ka Se
CITY SECk""�'AIRY
ADOPTED: May6 20t4
EFFECTIVE % `(/
ACCEPTED BY:
AHMED ROMADAN d/b/a
KERMIT TRANSPORTATIONS
By:
Printed Natw,
J
e �14
...............
signatlK el
Title
DATE:
Ordinance No.21225-05-2014
Page 5 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/612014 - Ordinance No. 21225-05-2014
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DATE: Tuesday, May 06, 2014 REFERENCE NO.: **G-18197
LOG NAME: 20KERMIT TRANSPORTATION
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Ahmed Romadan
d/b/a Kermit Transportations 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. Ahmed Romadan d/b/a Kermit Transportations is qualified and financially able to conduct
a limousine service within the City;
c. Ahmed Romadan d/b/a Kermit Transportations has complied with the requirements of
Chapter 34 of the City Code;
d. Ahmed Romadan d/b/a Kermit Transportations 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 Ahmed Romadan d/b/a Kermit Transportations operating
authority for one luxury truck limousine on City streets for a one year period subject to and conditioned on
Ahmed Ramadan d/b/a Kermit Transportations complying with all requirements of Chapter 34, Article VI of
the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On April 3, 2014, Ahmed Romadan d/b/a Kermit Transportations (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
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.
Lobnarne, 20KERMIT TRANSPORTATION Page I of 2
The one-year period shall commence on the effective dmbe, which shall be upon acceptance by the
grantee and completion of the publication requirement, in accordance with ChapherXXV. 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 to be
in the amount of$2OO.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/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $20&00
CERTIFICATIONS:Submitted for Ci!y Manager's Offigg_ky.
Fernando Costa (0122)
Originating Department Head: Douglas VKVNereig /7801\
Additional Information Contact: Gerald Taylor (6987)
Lognumo: 2UKEf[M1TTRANSPORTATION Page 2of2
Ground Transportation Coordinator Finding Factors
Under Section 311-204, 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.
John F.Warren,COUNTY CLERK f +I I�, ^III 201400077450-1/
DALLAS COUN'T'Y, TEXAS �1 11HM
509 MAIN S�,SUTTU 200 _ AN UINC 1/1
DALLAS,TX 75202 _
ASSUMED NAME RECORDS
CERTIFICATE OF OWNERSHIP FOR UNINCORPORATED BUSINESS OR PROFESSION
Pursuant to Ttte.S,§71.151(o) of the Texas Business and Commerce Code,Cerrlorates of Ownership are valid fora period not to exceed
10years during which the assumed name will he used.
1 KERMIT TRANSPORTATIONS
Name under which Business or Professional Service will be conducted(Picase Print or Type)
2. 2933 Landershire Ln. City Garland State TX_Zip75044
Business Address --
3. The period,not to exceed(10)years,during which the assumed name will be used is 10 years.
4. The Business or Professional Service under this Assumed Name will be conducted as a:(Plem check one)
X Proprietorship Sole Practitioner(Dr/Lawyer/ete) General Partnership
Limited Partnership _._Joint Venture Joint Stock Company
Real Estate Investment Trust Non-Profit Other
S. List the name(s)and complete street address of Owner(s)under the above Assumed Name.(Please Prot)
Name Street City State Zip
AHMED ROMADAN 2933 Landersire Ln. Garland TX 75044
gnature Signature
Signature Signature
Filad and Recorded
Official Public Records
John F. Warren, county GiarK
Dallas county, TEXAS THE STATE OF TEXAS,COUNTY OF DALLAS
0410112014 11:40:21 AM BEFORE ME,THE UNDERSIGNED AUTHORITY,
a2s.m0
an this day personally appeared AHMED ROMADAN
known to me to be the person(s)whose name is/are
201400017450 subscribe to the foregoing instrument and
acknowledge to me that he executed the same for the
_
purpose an nsideration therein expressed.
tinder m hand and seal of office,this 1 st day or A raf 20 14
Given y � Y
i
J ARRFI�T, TY CLERK
By / Deputy �3
Notary Public in and for Dallas County �`�