HomeMy WebLinkAboutOrdinance 21300-07-2014 i
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ORDINANCE NO.21300-07-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CAREY LIMOUSINE DALLAS, INC. 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 SIXTY (60) LIMOUSINES FOR A ONE (1) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING THE
TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAIKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN '
ACCEPTANCE BY CAREY LIMOUSINE DALLAS, INC.; PROVIDING FOR
PUBLICATION;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Fort Worth previously granted CAREY LIMOUSINE DALLAS,INC. 4
the authority to operate a limousine service on the public streets, alleys, and thoroughfares of the City;
and, I
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WHEREAS, CAREY LIMOUSINE DALLAS, INC. 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
CAREY LIMOUSINE DALLAS,INC.; and, j
WHEREAS,upon such inquiry and investigation and after thorough consideration of all the facts 4
made available to it the City Council finds:
1. That CAREY LIMOUSINE DALLAS, INC, 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(1.986), as amended;
3. That CAREY LIMOUSINE DALLAS, INC. is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting of the
operation of SIXTY (60) 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, 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 CAREY LIMOUSINE DALLAS,INC.continues to comply with the requirements
of Chapter 34 of the Code of the City of Fort Worth, Texas(1986), as amended, and any
Carey Limousine Dallas,Inc. Page 1 of 6
Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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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 SIXTY (60) LIMOUSINES by CAREY LIMOUSINE
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DALLAS,INC. �
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTI'Y OF
FORT WORTH,TEXAS:
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SECTION 1.
That CAREY LIMOUSINE DALLAS,INC., a CORPORATION with its;principal local place
of business in DALLAS, DALLAS COUNTY, TEXAS and its headquarters in WASHINGTON, D.C.,
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 SIXTY (60) LIMOUSINES for a
one year period beginning on the effective date. i
SECTION 2.
That 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.
SECTION 3. `
That the Company, as holder of the grant, and the Company's operations hereunder, shall be
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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. I
SECTION 4.
That the authority herein granted shall be and remain subject to said Company's full, complete, f
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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
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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.
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Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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SECTION 5.
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That 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 an and all claims or suits, expense or liability, an and all roe damage or loss
� � Y P h', Y property rh' aS j
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.
That the Company acknowledges that its drivers, property, and operations shall be and remain fl
subject at all times to such reasonable regulation by the City as is or may be necessary to protect the
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interests of the general public. As such,the Company understands and acknowledges that during the term
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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 begin conducting its operations in j
compliance with the provisions of such ordinances. Further, should the City later adopt an ordinance that
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would change the nature of the rights granted under this ordinance, the City reserves the right to cancel or
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otherwise modify any and all rights granted under this ordinance and issue a new grant of operating j
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.
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SECTION 7.
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That the Company acknowledges that payment of required fees, as specified in Chapter 34 of the
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Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising the privileges
granted herein.
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Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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SECTION 8. I
That 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.
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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 other person, firm,
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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. o
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SECTION 10.
That 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.
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That 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. G
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SECTION 12.
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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.
SECTION 13. 7
That 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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Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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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 j
violation of this ordinance shall be a class C misdemeanor.
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SECTION 15. 1
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. ;
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
authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Charter of the i
City of Fort Worth;and section 34-205 of the City Code of Ordinances.
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SECTION 17. f
That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the
fee by CAREY LIMOUSINE DALLAS,INC. and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
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Charlene Sanders Mary J. s
ASSISTANT CITY ATTORNEY CITY SEC T Y
ADOPTED: July 15,2014 AA
EFFECTIVE: 'u r
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Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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ACCEPTED BY: j
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CAREY LIMOUSINE DALLAS,INC.
By:
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Printed Name
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Signature
f=(69�f e�ie
Title j
DATE:
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Carey Limousine Dallas,Inc. Page 6 of 6
Operating Authority Ordinance(Renewal) Ordinance No.21300-07-2014
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: .Approved on 7/1`5/2014 Ordinance No 21300 07=2014
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **G-18246
LOG NAME: 20CAREY
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Carey
Limousine Dallas, Inc., to Operate Sixty Limousines Within the City of Fort Worth and Adopt Ordinance
Granting Such Authority (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council: i
l1. Consider and adopt the following findings of the Ground Transportation Coordinator: ,
a. Carey Limousine Dallas, Inc., has performed satisfactorily 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; I
c. Carey Limousine Dallas, Inc., is qualified to conduct its business and continues to comply with
the requirements of Chapter 34 of the City Code;
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d. The general welfare of the citizens of the City will best be served by the continued operation of
sixty limousines by Carey Limousine Dallas, Inc.; and
2. Adopt the attached ordinance granting Carey Limousine Dallas, Inc., authority to operate sixty
limousines on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on
Carey Limousine Dallas, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the
City of Fort Worth (1986), as amended. 1
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DISCUSSION:
On May 23, 2014, Carey Limousine Dallas, Inc. (Company), submitted a renewal application seeking to
operate 60 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 renewal 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.
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
Logname: 20CAREY Page 1 of 2
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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
in the amount of$3,150.00.
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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. i
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
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GG01 421352 0201002 $3,150.00
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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) f
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Logname: 20CAREY Page 2 of 2
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#e of Texas -
eruturg of Atute
CERTIFICATE OF AUTHQRXTY
OF
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CA.REY L,I"UUSINNP DALLAS9 INC.
CHARTER NUMBER 00136571
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ThI.. UN06RSIGAE09 as SECRETARY of STATE UP THE STATE OF rsaXASs i
HEREBY CERTIFIES THAT THE ATTACHED APPLICATION OF THE ABOVE ENTITY FOR
A CERTIFICATE OF AU?HIDRITY TO TRANSACT BUSINESS IN THIS STATE HAS BEEN
RECEIVED IN THIS OFFICE AND IS FDUND TO CONFORM TO LAN,
ACCORDINGLY 7HE UNDERS IGNED.% AS SUCH SECRETARY OF STATEa ARID BY
VIRTUE OF -THE AUTHORITY VESTED IN THE SECRETARY BY LAW* HEREBY ISSUES
THIS CERTIF'ICAT'E OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE FROM
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AND AFTER THIS OATE7 FOR THOSE PURP05F.S SET FORTH IM THE APPLICATION-i
UNDER THE NAME OF
CAREY LIMDUS.INE DALLAS: INC.
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DATED JAN. 17s 2001
EF-FEC71VE JAN. 179 2001
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secretary of state
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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: I
(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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