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HomeMy WebLinkAboutOrdinance 21258-06-2014 ORDINANCE NO.21258-06-2014 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO COWTOWN TRANSPORTATION SERVICES,LP 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 COWTOWN TRANSPORTATION SERVICES, LP; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth previously granted COWTOWN TRANSPORTATION SERVICES, LP the authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City; and, WHEREAS, COWTOWN TRANSPORTATION SERVICES, LP 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 COWTOWN TRANSPORTATION SERVICES,LP; and, WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts made available to it,the City Council finds: 1. That COWTOWN TRANSPORTATION SERVICES, LP 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 COWTOWN TRANSPORTATION SERVICES, LP 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 Ordinance No.21258-06-2014 Page 1 of 6 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; 4. That COWTOWN TRANSPORTATION SERVICES, LP 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, 5. That the general welfare of the citizens of Fort Worth will best be served by the continued operation of EIGHT (8) LIMOUSINES by COWTOWN TRANSPORTATION SERVICES,LP. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. COWTOWN TRANSPORTATION SERVICES, LP, a LIMITED PARTNERSHIP, with its principal place of business in FORT WORTH, TARRANT 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, 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. 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. Ordinance No.21258-06-2014 Page 2 of 6 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, Texas (1986), as amended. SECTION 4. The authority herein granted shall be and remain subject to said Company's full, 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, 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. SECTION 6. 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 thereof, the Company shall Ordinance No.21258-06-2014 Page 3 of 6 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. 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. 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. SECTION 9. 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 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. SECTION 10. Nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. Ordinance No.21258-06-2014 Page 4 of 6 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 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. 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. 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 Ordinance No.21258-06-2014 Page 5 of 6 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 COWTOWN TRANSPORTATION SERVICES,LP and publication as required by law. APPROVED AS TO FORM AND LEGALITY: r ASSISTANT CITY ATTORNEY Alary J. Ka s CITY SEC TARY ADOPTED: June 3, 2014 EFFECTIVE: b d ACCEPTED BY: COWTOWN TRANSPORTATION SERVICES,LP By: Printed Na e 24Z Signa 1-96:Z&e / Title DATE: f / 9, Ordinance No.21258-06-2014 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/3/2014 - Ordinance No. 21258-06-2014 DATE: Tuesday, June 03, 2014 REFERENCE NO.: **G-18217 LOG NAME: 2000WTOWN TRANSPORTATION SERVICES SUBJECT: Approve Findings of the Ground Transportation Coordinator Regarding the Renewal Application of Cowtown Transportation Services, LP, 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: 1. Consider and adopt the following findings of the Ground Transportation Coordinator: a. The public necessity and convenience require the operation of eight limousines upon the City streets, alleys and thoroughfares; b. Cowtown Transportation Services, LP, is qualified and financially able to conduct a limousine service within the City; c. Cowtown Transportation Services, LP, has complied with the requirements of Chapter 34 of the City Code; d. Cowtown Transportation Services, LP, presented facts in support of compelling demand and necessity for eight limousines; e. The general welfare of the citizens of the City of Fort Worth will best be served by the addition of eight limousines upon City streets, alleys and thoroughfares; and 2. Adopt the attached ordinance granting Cowtown Transportation Services, LP, operating authority for eight limousines on City streets for a one-year period subject to and conditioned on Cowtown Transportation Services, LP, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. DISCUSSION: Cowtown Transportation Services, LP (Company), was granted operating authority for eight limousines on April 23, 2013 (M&C G-17872), Ordinance No. 20713-04-2013). The initial operating authority was for a period of one-year. On May 5, 2014, Cowtown Transportation Services, LP (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 Coordinator used the attached Ground Transportation criteria to determine whether or not to recommend the granting of Logname: 2000WTOWN TRANSPORTATION SERVICES Page I of 2 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. 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. The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be $550.00. 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 $550.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Gerald Taylor (6987) Logname: 2000WTOWN TRANSPORTATION SERVICES Page 2 of 2 Form 207 Secreta of State r � Filed in the Office of the P.O. Box 13697 Secretary of State of Texas ( Austin,TX 78711-3697 Filing#: 801762309 04105/2013 FAX: 512/463-5709 Document#,,:474492810002, Certificate of Formation Image Generated Electronically Filing Fee: $750 Limited Partnership for Web Filing The fling entity being formed is a limited partnership.The name of the entity is: COWTOWN TRANSPORTATION SERVICES, LP The name must contain the words"Limited Partnership;'or"Limited,"or the abbreviation"L.P.;"'LP,"or"Ltd."The name must not.be deceptively similar to or similar to that of an existing corporate,limited liability company,or limited partnership name on file with the'secre*a­ state.A preliminary check for"name availability"is recommended. The address of-the principal office in the United States where records of the partnership are to be kept or made available is set forth below: - 719 W. CANNON STREET, FORT WORTH, TX, USA 76104 Article 3—Registered Agent and Registered Office f P.The initial registered agent is an organization (cannot be limited partnership named above) by the name of: - OR R-B. The initial registered agent is an individual resident of the state whose name is sit forth below: _- Name: JOSEPH RONALD KIMBALL 11 C _ ;C. The business address of the registered agent and the registered office address is:. Street Address: 131 E. EXCHANGE.AVENUE 7 SUITE 107 FORT WORTH TX-76164 Consent of Registered Agent l_A_ A copy of the consent of registered agent is attached. OR IV B.The consent of the registered agent is maintained by the entity. Article 4:-General Partner • • The name and address of each general partner are as follows: General Partner 1`. PAYAM AZAD Title: General Partner Address: 719 W. CANNON STREET FORT WORTH TX, USA 76104 General Partner 2:SLO130DAN SAVICIC Title: General Pirt:er Address: 719 W. CANNON STREET FORT WORTH- TX,- USA 76104 General Partner 3: MOHAMMAD GHULAM Title: General Partner Address: 719 W. CANNON STREET FORT WORTH TX, USA 76104.. General Partner 4: ABDULLAH NADURATH . Title: General Partner Address: 719 W. CANNON STREET FORT WORTH TX, USA 76104 [The attached addendum,if any,is incorporated herein by reference.] rA. This document becomes effective when the document is filed by the secretary of state. OR r .This document becomes effective at a later date,which is not more than ninety(90)days from the date of its signing. The delayed effective date is: cution The undersigned affirms that the person designated as registered agent has consented to the appointment.The undersigned signs this document subject to the penalties imposed by law for the suomssion of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized u„derthe provisions of law governing the entity to execute the filing instrument. Signature of General Partner 1:PAYAM AZAD ' FILING OFFICE COPY q 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: (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.