HomeMy WebLinkAboutOrdinance 21304-07-2014 Ii
ORDINANCE NO. 21304-07-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO BERET MOORE d/b/a MOORE'S AIRPORT
TRANSPORTATION 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 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 BERET MOORE d/b/a
MOORE'S AIRPORT TRANSPORTATION SERVICE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the City of Fort Worth previously granted BERET MOORE d/b/a
MOORE'S AIRPORT TRANSPORTATION SERVICE the authority to operate a limousine !
service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION j
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
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application of BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
SERVICE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it,the City Council finds: j
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1. That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
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;
3. That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION I'
SERVICE is qualified and financially able to efficiently conduct such business to
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render such service to the public, consisting of the operation of ONE (1)
LUXURY TRUCK LIMOUSINE upon the public streets, alleys and
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thoroughfares of the City of Fort Worth for a one (1) year perio 1 beginning on the
effective date, which shall be upon acceptance by the grantee d 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 he City Code of
Ordinances;
4. That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
SERVICE continues to comply with the requirements of Chapter 34 of the Code
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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 4-228 of the City
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Code of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of ONE (1) LUXURY TRUCK LIMOU INE by BERET
MOORE d/b/a MOORE'S AIRPORT TRANSPORTATIO SERVICE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO CIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
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That BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION j
SERVICE, a SOLE PROPRIETORSHIP with its principal place of business in FORT
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WORTH, TARRANT COUNTY, TEXAS, hereinafter referred to as "Co pany," is hereby
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granted operating authority to use the present and future streets, alleys and pi blic thoroughfares j
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of the City of Fort Worth, Texas, in its business of providing public limousines service within the
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said City's municipal limits with ONE (1) LUXURY TRUCK LIMOUSINE for a one year
period beginning on the effective date. 1
SECTION 2.
That the findings and recitations contained in the preamble hej eof are expressly
incorporated into and made a part of this ordinance as the findings of the City ouncil.
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SECTION 3.
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That the Company, as holder of the grant, and the Company's operatio s hereunder, shall
be governed at all times by the provisions of state and federal laws and regulations and Chapter
34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 4.
That the authority herein granted shall be and remain subject to said Company's full,
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complete, and satisfactory continuing compliance with all federal, state, d local laws and �I
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
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regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
That the Company acknowledges that the City of Fort Worth assu es no liability or
responsibility in making this grant, and that by acceptance of this ordinance d grant, Company
hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, I
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 all persons, of
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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 assengers, in the 1
exercise of the authority granted herein; and Company shall assume all liability and
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responsibility for same.
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SECTION 6.
That the Company acknowledges that 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 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, including the amount of fees to be paid; and that upon the adoption th reof, the Company
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shall begin conducting its operations in compliance with the provisions o such ordinances.
Further, should the City later adopt an ordinance that would change the nature of the rights i
granted under this ordinance, the City reserves the right to cancel or otherwi e modify any and j
all rights granted under this ordinance and issue a new grant of operating a hority, as long as I
Company is not in violation of any provision of Chapter 34 of the Code o the City of Fort
Worth, Texas (1986), as amended. In the event the terms and conditions oft 's ordinance are in i
conflict with the provisions of any such ordinance adopted by the City, the provisions of such
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later-adopted ordinance shall supersede the terms and conditions of this ordinance to the extent
they are in conflict.
SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter
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34 of the Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising I
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the privileges granted herein.
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SECTION 8. I
That the Company shall be obligated to discharge any claim or judgment against it finally J
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.
SECTION 9.
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That 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
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other 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 f
encumber its limousine operation without the consent of the Fort Worth City Council.
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SECTION 10. i
That nothing herein contained shall be held or construed to confer on the Company I
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exclusive rights or privileges of any nature whatsoever. I
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SECTION 11.
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That any suspension or revocation of the privileges granted herein ma be accomplished j
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.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter 1 of the Code of the City of Fort Worth, Texas (1986), as amended. I
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SECTION 13.
That the provisions of this ordinance shall be and are hereby declared to be cumulative of
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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 m
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icipal limits, and, "
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in the event of conflict between the provisions of this ordinance and such Code, the provisions of
the City Code shall govern and prevail.
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SECTION 14.
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.
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That after adoption of this ordinance, Company shall pay all required fees and file with
the 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 Company's authorized representative on the final page of this ordinance. !
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SECTION 16.
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The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the i
caption and penalty of this ordinance for two (2) days in the official newspap r 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. f
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the rant and payment
of the fee by BERET MOORE d/b/a MOORE'S AIRPORT TRANSPORTATION
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SERVICE and publication as required by law. I
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APPROVED AS TO FORM AND LEGALITY:
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Charlene Sanders Mary J. 116WP
ASSISTANT CITY ATTORNEY CITY SECRETARY
ADOPTED: July 15, 2014
EFFECTIVE:
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ACCEPTED BY:
BERET MOORE d/b/a MOORE'S
AIRPORT TRANSPOR rATION
SERVICE
Si nature
rinted Name d
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DATE:
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City of Fort Worth, Texas
Mayor and Council Communication
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F COUNCIL ACTION: A roved'on ,7/15/2014Ord�nance o `21304 07 2014
_ PP�w
DATE: Tuesday, July 15, 2014 REFE ENCE NO.: **G-18250
LOG NAME: 20MOORE'S
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Beret
Moore d/b/a Moore's Airport Transportation Service to Operate One Luxury Truck Limousine Within the
City of Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) i
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RECOMMENDATION:
It is recommended that the City Council: I
1. Consider and adopt the following findings of the Ground Transportation Coordinator: r
a. Beret Moore d/b/a Moore's Airport Transportation Service has performed satisfactorily r
under the terms of its operating authority;
b. The service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the City Code;
c. Beret Moore d/b/a Moore's Airport Transportation Service is qualified to conduct its business j
and continues to comply with the requirements, of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation
of one luxury truck limousine by Beret Moore d/b/a Moore's Airport Transportation Service; and
2. Adopt the attached ordinance granting Beret Moore d/b/a Moore's Airport Transportation Service
operating authority to operate one luxury truck limousine on City streets for a one year period subject to j
and conditioned on Beret Moore d/b/a Moore's Airport Transportation Service coral plying with all
requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
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DISCUSSION:
On June 2, 2014, Beret Moore d/b/a Moore's Airport Transportation Service (Company) submitted a
renewal application seeking to operate one luxury truck limousine within the City of Fort Worth.
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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 Coordinator Finding Factors are iattached to this Mayor i
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 Chapt r XXV, Section 2 of the
i Logname: 20MOORE'S Page 1 of 2 1
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City Charter and Section 34-205 of the Code of Ordinances.
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The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
$200.00. I
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FISCAL INFORMATION /CERTIFICATION:
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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.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers j
GG01 421352 0201002 $200.00 i
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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Logname: 20MOORE'S Page 2 of 2
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Ground Transportation Coordinator Finding Factors
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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:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable;and
(3) The holder continues to comply with all requirements of this chapter.
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MARY LOUISE GARCIA ..•�••..
COUNTY CLERK
200 Taylor St.,Suite 301 Fort Worth,TX 76102
"'•'' PHONE(817) 884-1550
Certificate of Assumed Name
File#A214008052
I, MARY LOUISE GARCIA, County Clerk of the County of TARRANT COUNTY, do hereby certify t at
BERET MOORE
has filed in the office of the County Clerk on the 0611112014 a certificate setting forth the name of I{
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MOORE'S AIRPORT TRANSPORTATION SERVICE
601 MAIN,FORT WORTH TX 76102
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under which business is to be conducted or transacted, together with the true full name of each person conducting such I
business:
ames •
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BERET MOORE
Witness my hand and seal of office, this the JUN 112014
MARY LOUISE GARCIA
(Seal) County Clerk of TARRANT COUNTY TX
BY , Deputy
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