HomeMy WebLinkAboutOrdinance 21256-06-2014 4
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ORDINANCE NO. 21256-06-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ALPHA-ROYAL LIMO and CAR SERVICES, INC.
d/b/a BEMNET LIMO 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 EIGHT (8) 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 ALPHA-ROYAL LIMO
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and CAR SERVICES, INC. d/b/a BEMNET LIMO ' SERVICE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, the City of Fort Worth previously granted ALPHA-ROYAL LIMO and
CAR SERVICES, INC. d/b/a BEMNET LIMO SERVICE the authority to operate a
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limousine service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET
LIMO SERVICE has applied for renewal of its 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 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 ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET LIMO
SERVICE; and,_
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WHEREAS, upon such inquiry and investigation and after thorough consideration of all
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the facts made available to it,the City Council finds:
1. That ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET
LIMO SERVICE has performed satisfactorily under the terms;of its operating
authority;
2. That 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; ;
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3. That ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET
LIMO SERVICE is qualified and financially able to efficiently conduct such
business to render such service to the public, 'consisting of the operation of
EIGHT (8) 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, j
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
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of Fort Worth and Section 34-205 of the City Code of Ordinances;
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4. That ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET
LIMO SERVICE 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,
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5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of EIGHT (8) LIMOUSINES by ALPHA-ROYAL LIMO
and CAR SERVICES, INC. d/b/a BEMNET LIMO SERVICE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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CITY OF FORT WORTH, TEXAS THAT:
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SECTION 1.
ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET LIMO
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SERVICE, a CORPORATION, with its principal place of business in DALLAS, DALLAS
COUNTY, TEXAS, hereinafter referred to as-"Company,"is hereby granted operating authority j
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 EIGHT (8) LIMOUSINES for a one year period beginning on the effective date.
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SECTION 2.
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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.
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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 j
of the Code of the City of Fort Worth, Texas (1986), as amended.
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SECTION 4.
The authority herein granted shall be and remain subject to said Company's full, I
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, Texas (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, Company
hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
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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.
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SECTION 6.
The Company acknowledges that its drivers, property, and operations shall be and remain l
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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 service within the City of Fort Worth,
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including the amount of fees to be paid; and that upon the adoption thereof, the Company shall
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 I
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
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(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
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conflict.
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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.
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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. j
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SECTION 9.
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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
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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. J
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. I
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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.
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SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by
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Section 1-5 of Chapter 1 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.
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A penalty may be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate
offense. Any violation of this ordinance shall be a class C misdemeanor.
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SECTION 15. i
After adoption of this ordinance, Company shall pay all required fees and file with the
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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 j
Company's authorized representative on the final page of this ordinance.
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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
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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.
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SECTION 17.
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This ordinance shall take effect upon adoption; acceptance of the grant and payment of
the fee by ALPHA-ROYAL LIMO and CAR SERVICES, INC. d/b/a BEMNET LIMO j
SERVICE and publication as required by law. '
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APPROVED AS TO FORM ATTEST:
AND LEGALITY:
ASSISTANT CITY ATTORNEY ry J. a WAARY CITY S
ADOPTED: June 3, 2014
EFFECTIVE:
ACCEPTED BY: 4
ALPHA-ROYAL LIMO and CAR
SERVICES, INC. d/b/a BEMNET LIMO
SERVICE
By. r
t-f YA A-vj
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Printed Name
Signature
Title
DATE: 19,41 ,11 f
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City of Fort Worth, Texas
Mayor and Council Communication
- 'COUNCIL..ACTION: Approved�on 6/3/2014._ =Ordinance No�21�256=06-20:14,
DATE: Tuesday, June 03, 2014 REFERENCE NO.: **G-18215 j
LOG NAME: 20ALPHA-ROYAL
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Alpha-
Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service, to Operate Eight Limousines Within the City of
Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL- DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
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1. Consider and adopt the following findings of the Ground Transportation Coordinator: !
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a. The public necessity and convenience require the operation of eight limousines upon the City I
streets, alleys and thoroughfares;
b. Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service is qualified and financially
able to conduct a limousine service within the City; i
c. Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service has complied with the
requirements of Chapter 34 of the City Code;
d. Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service presented facts in
support of compelling demand and necessity for eight limousines;
e. The general welfare of the citizens of the City will best be served by the addition of eight limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo !
Service operating authority for eight limousines on City streets for a one-year period subject to and
conditioned on Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service complying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
Alpha-Royal Limo & Car Services, Inc. d/b/a Bemnet Limo Service (Company), was granted operating
authority for three limousines on May 3, 2011 ( M&C G-17263, Ordinance No. 19666-05-2011). The initial
operating authority was for a period of three-years. On May 6, 2014, Alpha-Royal Limo & Car Services, I
Inc. d/b/a Bemnet Limo Service (Company) submitted a renewal application seeking to operate eight
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 used the attached Ground
Logname:,20ALPHA-ROYAL Page 1 of 2 it
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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.
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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
Charter of the City of Fort Worth 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 I
in the amount of_$550.00.
FISCAL INFORMATION /CERTIFICATION: i
The Financial Management Services Director certifies that Transportation and Public Works Department is I
responsible for the collection and deposit of funds due to the City.
FUND CENTERS: i
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $550.00
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CERTIFICATIONS: '
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Costa ( )
Submitted for City Manager's Office by: i
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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Logname: 20ALPHA-ROYAL Page 2 of 2
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Corporations Section �E 0 Hope Andrade
P.O.Box"13697 Secretary of State
- Austin,Texas 78711-3697 w —
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Office of the Secretary of State
CERTIFICATE OF FILING
OF
ALPHA-ROYAL LIMO AND CAR SERVICES, Inc.
File Number: 801285300 ° 4
Assumed Name:
BEMNET LIMO SERVICE �I
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The undersigned, as Secretary of State of Texas, hereby certifies that the assumed name certificate for the 1
above named entity has been received in this office and filed as provided by law on the date shown below.
ACCORDINGLY the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law hereby issues this Certificate of Filing. i
Dated: 04/13/2011
Effective: 04/13/2011
COD
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Hope Andrade i
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Secretary of State
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C- Come visit us on the internet at http.1Mvw.sos.siote.tx.usi
Phone:(512)463-5555 Fax:(512)463-5709 Dial:7-1-I for Rclav Services
Prepared by:wEBSUBSCRIBER TID: 10342 Document 363869450003
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Ground Transportation Coordinator Finding Factors
Under Section 34-271,subsection(b)in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
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(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable;and
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(3) The holder continues to comply with all requirements of this chapter.
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