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HomeMy WebLinkAboutOrdinance 21225-05-2014 ORDINANCE NO. 21225-05-201.4 AN ORDINANCE GRANTING THE PRIVILEGE OF 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 ALI., 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 (1/b/a KERMIT TRANSPORTATIONS, 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 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 LIMOUSINE 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 (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 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 AHMED ROMADAN d/b/a KERMIT TRANSPORTATIONS 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 AHMED ROMADAN d/b/a KERMIT Ordinance No.21225-05-2014 Page 1 of 5 TRANSPORTATIONS and any violations thereof will result in the imposition of penalties as provided by Section 34-2ZAof the City Code ofOrdinances. NOW, THEREFORE, BEI7ORDAINED 13\/ THE CITY COUNCIL 0F THE CITY 0F FORT WORTH,TEXAS THAT: SECTION 1. ABN1ED DmMA-DAN D/0/A KERMIT TRANSPORTATIONS, a SOLE yROpRIET@RSI{IP,with its principal place n[business and its headquarters inGAR-LAND,DALLAS COUNTY, TEXAS hereinafter re/erred to as ~Compony," is hereby 8Tonted operating authority to use the present and future akrc|y, a||cyx and public thoroughfares ofthe City ofFort Worth, Texas, in its 6usineya of providing public |imouuiue service within the said City's muniuipu) limits with ONE (1) LUXURY TRUCK LIMOUSINE for u one year-period beginning on the effective dutc. SECTION 2. The findings and recitations contained in the pnuumb|e hereof are expressly incorporated into and made a part o[this ordinance as the findings of the City Council. SECTION 3. ThwConupuny` as holder of the grant, and the Company's operations hereunder, sku|| be governed at all times by the provisions uf state and federal laws and regulations and Chapter 34n[tho Code ufthe City of Fort Worth (|986)` amamended. SECTION 4. The xvthority kcro(n granted shall be and remain subJect to said Company's [o1|. complete and satisfactory continuing compliance with all federal, state and local laws and ordinances, including but not limited to the Chat-ter of the City of Fort Worth, and all /e1ovau/ provisions of Chapter 34, Code of the City of Fort Worth (|V86), ua xmendod, und uuck other ordinances asmuy be adopted from time rotime hy the City Council governing and regulating the operuhon of'limousines in the City of Fort Worth. SECTION 5. The Company uokoov'\edgua that the City of Fort Worth assumes no liability or responsibility in making this gron/, and that by acceptance of this ordinance and &naot. Company hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, und employees, from and Ordinance No. 2l225-05-20\4 Page 2of5 against any and all o|oimy or suits, expense or liability, for any and all property doomAc or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, uriyinAoutofc« in connection with any acts oromiuuions by Company, its officers, agents, employees, drivers, |iunoyeos, invitees and passengers, in the exercise of' the authority granted herein; and Company a6oU assume all liability and responsibility for same. SECTION 6. TheCnmpuny acknowledges that its drivers, property and operations skuU be and remain subject at all times m such m:usouub|e regulation ky the City uo is or may he necessary m protect the iwen:$a of the general public. As such, the Company understands and uokno,/|ed&uo that during the \enn of this ordinance and 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 \Von6, including the amount offees to be paid; and that upon the adoption thereof, the Company shall begin conducting its operations in compliance with the provisions of such ordinances. Fudher, should the City |u»or 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 new grant of operating authority, uo long as Company is not in violation of any provision of Chapter 34 of[lie 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 ufSuch later-adopted ordinance shall supersede the tmono and conditions oftbis ordinance N the extent they are ioxooAlet. 80cTIOy47. The Company acknowledges that payment of required fees, as specified in Chapter 34 of the Code of the City of Fort Worth, Texas (l986), as amended` is o requisite to exercising the privileges granted herein. SECTION 8. The Company shall be obligated m discharge any claim or uJQmen/ npaiust i/ finally established by law, and the failure oodouo for o period ofone hundred eighty (]X0) days shall, ipso facto, m:nniomw all authority under this grant. SECTION 9. Pursuant to Chapter 34 of the Code of the City ofFort Worth, Texas, (\V06), as amended, the Company oba\| not sell, convey or transfer this grant of operating authority to any other person, firm or Ordinance No. 2\l25-05'2Oi4 Page svfn corporation without the prior formal consent and approval ofLhe City Council of the City o{Fort Worth, norsho|| the Company w:||, transfer, assign or otherwise cnouo`bur its limousine operation without the consent of the Fort Worth City Counoi| SECTION 10. Nothing herein contained shall bw held nr construed 1o ;on6:r upon the Company exclusive rights or privileges of any nature whatsoever. SECTION 11. Any suspension or revocation of the privileges grunted herein may be uouomp|iubod 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 o[this ordinance are severable arid ohu|| be governed by Section 1-5 of Chapter of the Code of the City of Fort Worth,Texas(iy86)^ asamended. SECTION 13. The provisions of this ordinance a6u|( be and are hereby declared to be cumu|uiivn 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, arid, in the event of conflict between the provisions of this ordinance and such Code, the provisions *f the City Code shaK govern arid prevail. SECTION 14. A penalty may be imposed for violations of this ordinance in an amount not to exceed five hundred dollars (*500.00). Each Jay that violation exists shall constitute nsupamte offense. Any violation of this ordinance shall bou class Cmisdemeanor. SECTION 15. After adoption of this ordinance, Company uba|| pay all required fees and file with the City Secretary written acceptance of the terms and provisions hereof Stich acceptance o[and agreement mthe provisions of this ordinance and grant shall be evidence(] by the signature of the Company's authorized representative on the final page of this ordinance. Ordinance No.Zl2Z5'V5'ZV|4 Page 4nf 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) clays 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 KERMIT TRANSPORTATIONS,and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ASSISI'ANT CITY ATTORNEY- Mary J. Ka se CITY SECR Cn, ARY ADOPTED: May 6, 2014 EFFECTI vE .� ACCEPTED BY: AHMED ROMADAN d/b/a KERMIT TRANSPORTATIONS By: Printed Nam e � Signatc : Title DATE: . ."°" Ordinance No,21225-05-2014 Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/612014 - Ordinance No. 21225-05-2014 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 Romadan 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. Logname: 20KERY.IT TRANSPORTATION .Page 1 of 2 Theone'yearpehodshaUcommenoeondheeffeudvedote. vvhichshsUbeupnnmoceptanoebv#he grantee and completion of the publication requirement, in accordance with Chapter XKV, 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$200.00. FISCAL INFORMATION i 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/ACGOunt/Centers GGOI 421352 0201002 $200.00 Submitted for Ci!y Manager's Offigg by- Fernando Costa (6122) Originating Department Head: Douglas vuvmmrs/g yuuV Additional Information Contact: Gerald Taylor (6S87) Luguame: 20l{EF|MI? T[lANSPORl/\I](}N Page 2of2 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 payingjudgrnents, 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 malting such application and each of the above- numbered items as applied to each of the stockholders,officers,meinbers 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 1,f I�I 201400077460-' 1� ' DALLAS COUNTY,TEXAS 1P1,1 �� 509 MAIN ST,SUI1T?200 � AN UINC I/1 DALLAS,TX 75202 ASSUMED NAME RECORDS CERTIFICATE OF OWNERSHIP FOR UNINCORPORATED BUSINESS OR PROFESSION Pursuant to Tide 5,§71.151(a)of the Tems Business and Commerce Code,Certificates of Ownership are valld fora period not to exceed I0 years during which the assumed name will he used. 1 KERMIT TRANSPORTATIONS Name under which Business or Professional Service will be conducted(Pleasa Prue of Type) 2. 2933 Landershire Ln. City Garland ........_----State TX zip 75044 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:(Please check one) X Proprietorship Sole Practitioner(Dr/Lawyer/etc) General Partnership Limited Partnership _Joint Venture Joint Stock Company Real Estate Investment Trust Nan-Profit Other S. List the name(s)and complete street address of Owner(s)under the above Assumed Name.(Please Print) Name Street City State zip ARMED ROMADAN 2933 Landersire Ln. Garland TX 75044 � Cr gnature —Signature Signature Signature Filed and Recorded offlolal Publto Reoards John F. Warren, county Clark Dallas County, Texas THE S'T'ATE OF TEXAS,COUNTY OF DALLAS 04/0112M4 11:40:21 an BEFORE ME,THE UNDERSIGNED AUTHORITY, $26,00 on this day personally appeared ARMED RC7MADAN known to me to he the persou(s)whose name is/are 201400077450 subscribe to the foregoing instrument and acknowledge W me that he executed the same for the _ — purpose a nsideration therein expressed. Given under my hand and seal of office,this 1 st day of o 20_1-4 J ► ARILf,N, (�TY CLERK By _ L Deputy Notary Public in and for Dallas County