HomeMy WebLinkAboutOrdinance 21301-07-2014 i
ORDINANCE NO.21301-07-2014
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AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING,
TUCKER EVANS, JR., GORDON EARNEST COWAN, and DARYL JAMES I
GRESHAM d/b/a GARVIN HARDING 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 SIX (6) 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 JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING, TUCKER
EVANS, JR., GORDON EARNEST COWAN, and DARYL JAMES GRESHAM
d/b/a GARVIN HARDING; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING, TUCKER
EVANS, JR., GORDON EARNEST COWAN, and DARYL JAMES GRESHAM d/b/a GARVIN
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HARDING, have applied for operating authority to furnish LIMOUSINE service on the public streets,
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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
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Worth(1986), as amended,has made inquiry and investigation into the application of JOHN MICHAEL
GOKEY, GARVIN WILLIAM HARDING, TUCKER EVANS, JR., GORDON EARNEST
COWAN,and DARYL JAMES GRESHAM d/b/a GARVIN HARDING; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
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made available to it,the City Council finds that:
1. The public necessity and convenience require the operation of SIX(6) LIMOUSINES in
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the City of Fort Worth;
2. JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING, TUCKER EVANS,
JR., GORDON EARNEST COWAN, and DARYL JAMES GRESHAM d/b/a i
GARVIN HARDING are qualified and financially able to efficiently conduct such
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business to render such service to the public, consisting of the operation of SIX (6)
LIMOUSINES upon the public streets, alleys and thoroughfares of the City of Fort j
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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;
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3. The general welfare of the citizens of Fort Worth will best be served by the operation of
SIX (6) LIMOUSINES by JOHN MICHAEL GOKEY, GARVIN WILLIAM
HARDING, TUCKER EVANS, JR., GORDON EARNEST COWAN, and DARYL
JAMES GRESHAM d/b/a GARVIN HARDING 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 JOHN MICHAEL GOKEY, GARVIN +
WILLIAM HARDING, TUCKER EVANS, JR., GORDON EARNEST COWAN, j
and DARYL JAMES GRESHAM d/b/a GARVIN HARDING and any violations
thereof will result in the imposition of penalties as provided by Section 34-228 of the
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City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
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JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING, TUCKER EVANS, JR.,
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GORDON EARNEST COWAN, and DARYL JAMES GRESHAM d/b/a GARVIN HARDING, a
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GENERAL PARTNERSHIP, with its principal place of business and its headquarters in IRVING,
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DALLAS COUNTY, TEXAS hereinafter referred to as "Company," is hereby granted operating
authority to use the present and future streets, alleys and public thoroughfares of the City of Fort Worth,
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Texas, in its business of providing public limousine service within the said City's municipal limits with
SIX(6)LIMOUSINES for a one year period beginning on the effective date.
SECTION 2.
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 of the Code of the
City of Fort Worth(1986), as amended.
SECTION 4.
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The authority herein granted shall be and remain subject to said Company's full, complete and j
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 (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.
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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, and employees, from and
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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. j
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
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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 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 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
(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 conflict.
SECTION 7.
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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.
SECTION 8.
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The Company shall be obligated to discharge any claim or judgment against it finally established
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by law, and the failure to do so for a period of one hundred eighty (180) days shall, ipso facto, terminate i
all authority under this grant. p
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 person, firm or
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corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, j
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. f
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.
Any suspension or revocation of the privileges granted herein may be accomplished under the
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applicable provisions of Chapter 34 of the Code of the City of Fort Worth,Texas(1986), as amended. 1
SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of I
Chapter 1 of the Code of the City of Fort Worth,Texas(1986),as amended.
SECTION 13. J
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
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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.
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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 j
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violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
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.
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
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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. j
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by I!
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JOHN MICHAEL GOKEY, GARVIN WILLIAM HARDING, TUCKER EVANS, JR., GORDON
EARNEST COWAN, and DARYL JAMES GRESHAM d/b/a GARVIN HARDING and publication {
as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders Mary J. s
ASSISTANT CITY ATTORNEY CITY SECRETARY
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ADOPTED: July 15,2014
EFFECTIVE:
ACCEPTED BY:
JOHN MICHAEL GOKEY, GARVIN
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WILLIAM HARDING, TUCKER EVANS, 4
JR., GORDON EARNEST COWAN, and I
DARYL JAMES GRESHAM d/b/a GARVIN I
HARDING
By:
Pr' Name
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ignature
0 aln
Title i
DATE:
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Ordinance No.21301-07-2014
Page 5 of 5
MARY LOUISE GARCIA •.; vti'"'•,
COUNTY CLERK
•t r X00 Taylor St.,Suite 341 Fort Worth,TX 76102
PHQ�E (817)884-1550 I
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Certificate of Assumed Name
File#A210009477
I, MARY LOUISE GARCIA, County Clerk of the County of TARRANT COUNTY, do hereby certify that +i
JOHN MICHAEL GOKEY,GARVIN WILLIAM HARDING,TUCKER EVANS JR, GORDON EARNEST COWAN,
DARYL JAMES GRESHAM
has filed in the office of the County Clerk on the 06/29/2010 a certificate setting forth the name of
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GARVIN HARDING
1914 CORDOVA'BEND, IRVING TX 75060
• nder which business is to be conducted or transacted, together with the true full name of each person conducting such
siness: i
Names : I
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JOHN MICHAEL GOKEY f
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GARVIN WILLIAM HARDING
TUCKER EVANS JR
GORDON EARNEST COWAN
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DARYL JAMES GRESHAM
Witness my hand and seal of office, this the MAY 13 2014
MARY LOUISE GARCIA
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(Seal) County Clerk of TARRANT COUNTY, TX f
BY L.i, , Deputy
ov'' PPS~
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Ground Transportation Coordinator Finding Factors
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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 a pp licant the applicants
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experience in rendering such service in the City or similar service elsewhere and the applicant's k
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;
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3. The character and condition of the vehicles to be used;
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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
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necessity and convenience.
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City of Fort Worth, Texas ,
Mayor and Council Communication
COUNCIL ACTION:,:A-o -oved,on 7/15/2014 Ordmance'No 2,1:301 07 20.14
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **G-18247
LOG NAME: 20GARVIN HARDING
SUBJECT: i
Approve Findings of the Ground Transportation Coordinator Regarding Application of John Michael Gokey, `
Garvin William Harding, Tucker Evans, Jr., Gordon Earnest Cowan and Daryl James Gresham d/b/a
Garvin Harding, to Operate Six Limousines Within the City of Fort Worth and Adopt Ordinance Granting
Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION: i
It is recommended that the City Council: I
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1. Consider and adopt the following findings of the Ground Transportation Coordinator: j
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a. The public necessity and convenience require the operation of six limousines upon the I
City streets, alleys and thoroughfares;
b. John Michael Gokey, Garvin William Harding, Tucker Evans, Jr., Gordon Earnest Cowan and
Daryl James Gresham d/b/a Garvin Harding are qualified and financially able to conduct a I
limousine service within the City;
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c. John Michael Gokey, Garvin William Harding, Tucker Evans, Jr., Gordon Earnest Cowan and
Daryl James Gresham d/b/a Garvin Harding have complied with the requirements of Chapter 34
of the City Code;
d. John Michael Gokey, Garvin William Harding, Tucker Evans, Jr., Gordon Earnest Cowan and
Daryl James Gresham d/b/a Garvin Harding presented facts in support of compelling demand
and necessity for six limousines;
e. The general welfare of the citizens of the City will best be served by the addition of six limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting John Michael Gokey, Garvin William Harding, Tucker Evans,
Jr., Gordon Earnest Cowan and Daryl James Gresham d/b/a Garvin Harding operating authority for six
limousines on City streets for a one year period subject to and conditioned on John Michael Gokey, Garvin
William Harding, Tucker Evans, Jr., Gordon Earnest Cowan and Daryl James Gresham d/b/a Garvin s
Harding complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth I'I
(1986), as amended. f
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DISCUSSION:
On May 12, 2014, John Michael Gokey, Garvin William Harding, Tucker Evans, Jr., Gordon Earnest
Cowan and Daryl James Gresham d/b/a Garvin Harding (Company) submitted an application requesting
authority to operate six limousines within the City of Fort Worth.
Logname: 20GARVIN HARDING Page 1 of 2
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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 34-204, 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 j
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
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
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
in the amount of$450.00.
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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 fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
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GG01 421352 0201002 $450.00
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CERTIFICATIONS: r
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: 20GARVIN HARDING Page 2 of 2