HomeMy WebLinkAboutOrdinance 21351-05-2014 ORDINANCE NO.21351-08-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES, LLC.
FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC i
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE
BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TWO (2)
LUXURY TRUCK 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
CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES, LLC.; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES, LLC., has applied for
operating authority to furnish LIMOUSINE service on the public streets, alleys, and thoroughfares of the
I
City; and, I
;
WHEREAS,the City of Fort Worth, pursuant to Section 34-204 of the Code of the City of Fort
Worth (1986), as amended, has made inquiry and investigation into the application of
;
CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES,LLC.; and,
WHEREAS,upon such inquiry and investigation and after thorough consideration of all the facts
made available to it,the City Council finds that:
1. The public necessity and convenience require the operation of TWO (2) LUXURY
TRUCK LIMOUSINES in the City of Fort Worth;
I
2. CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES, LLC. is qualified and
financially able to efficiently conduct such business to render such service to the public,
consisting of the operation of TWO (2) LUXURY TRUCK 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;
I
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
TWO (2) LUXURY TRUCK LIMOUSINES by CHOWDHRY&CRUZ DFW
LIMOUSINE SERVICES,LLC.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 CHOWDHRY&CRUZ DFW LIMOUSINE f
I
t
Ordinance No.21351-08-2014
Page 1 of 5
SERVICES,LLC. and any violations thereof will result in the imposition of penalties as
provided by Section 34-228 of the City Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES, LLC., a LIMITED LIABILITY
COMPANY, with its principal place of business and its headquarters in GRAND PRAIRIE, 1
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, it
Texas, in its business of providing public limousine service within the said City's municipal limits with r
TWO(2)LUXURY TRUCK LIMOUSINES for a one year period beginning on the effective date.
SECTION 2.
i
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.
i
j
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
I
City of Fort Worth(1986), as amended.
i
SECTION 4.
i
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 (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
l
Ordinance No.21351-08-2014
Page 2 of 5 ;l
I
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.
i
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 i
the general public. As such, the Company understands and acknowledges that during the term of this
i
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 j
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
i
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.
I
i
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,
I
I
Ordinance No.21351-08-2014
Page 3 of 5
1 �
nor shall the Company sell, transfer, assign or otherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
I
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights
or privileges of any nature whatsoever.
I
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.
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.
i
I
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.
I
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
I
Ordinance No.21351-08-2014
Page 4 of 5
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
CHOWDHRY&CRUZ DFW LIMOUSINE SERVICES,LLC.and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
I
I
Charlene Sanders 64ary J.Kayse j
ASSISTANT CITY ATTORNEY CITY SEC=y i
S
ADOPTED: August 5, 2014
I
EFFECTIVE: - i
ACCEPTED BY:
CHOWDHRY&CRUZ DFW LIMOUSINE
SERVICES,LLC.
By:
� y I
Print d ame
at re j
I
itle
DATE: 9'//2
i
4
1
r
Ordinance No.21351-08-2014
Page 5 of 5 I�
City of Fort Worth, Texas
Mayor and Council Communication
f
`COUNCIL ACTION ..:A _ roved on 8151.2014 Ordinance.No 213:51 08=2014 j
DATE: Tuesday, August 05, 2014 REFERENCE NO.: **G-18271
LOG NAME: 20CRUZ DFW
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Chowdhry & Cruz !
DFW Limousine Services, LLC, to Operate Two Luxury Truck Limousines Within the City of Fort Worth and I
Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
n
RECOMMENDATION:
It is recommended that the City Council:
I
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
I
a. The public necessity and convenience require the operation of two luxury truck limousines
upon the City streets, alleys and thoroughfares;
b. Chowdhry&Cruz DFW Limousine Services, LLC, is qualified and financially able to conduct
a limousine service within the City;
I
c. Chowdhry&Cruz DFW Limousine Services, LLC, has complied with the requirements of j
Chapter 34 of the City Code;
d. Chowdhry&Cruz DFW Limousine Services, LLC, presented facts in support of compelling
demand and necessity for two luxury truck limousines;
e. The general welfare of the citizens of the City will best be served by the addition of two ;
luxury truck limousines by Chowdhry&Cruz DFW Limousine Services, LLC; and
2. Adopt the attached ordinance granting Chowdhry&Cruz DFW Limousine Services, LLC, authority to
operate two luxury truck limousines on City streets for a one-year period subject to and conditioned on
Chowdhry&Cruz DFW Limousine Service, LLC, complying with all requirements of Chapter 34, Article VI j
of the Code of the City of Fort Worth (1986), as amended.
i
DISCUSSION:
On June 30, 2014, Chowdhry&Cruz DFW Limousine Service, LLC, (Company) submitted an application
requesting authority to operate two luxury truck limousines within the City of Fort Worth.
i
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
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
I
f
Page 1 of 2
Lognarne: 20CRUZ DFW
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
$250.00.
i
I
FISCAL INFORMATION /CERTIFICATION:
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.
i
FUND CENTERS: i
i
TO Fund/Account/Centers FROM Fund/Account/Centers i
GG01 421352 0201002 $250.00
CERTIFICATIONS:
Submitted for City Manager's Office by; Fernando Costa (6122), �
Originating Department Head: Douglas W. Wersig (7801) i
Additional Information Contact: Gerald Taylor (6987)
i
I
i
I
i
I
i
i
i
i
i
t
it
1
Logname: 20CRUZ DFW Page 2 of 2
Ground Transportation Coordinator Finding Factors j
i
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 applicant, the applicant's
experience in rendering such service in the City or similar service elsewhere and the applicant's
past record and experience in adjusting claims and paying judgments,if any,to claimants; I
2. The applicant's financial ability to provide the described service and ability to respond to claims II
or judgments arising by reason of business operations, injury to persons, or damage to property
resulting from operation of a limousine service;
3. The character and condition of the vehicles to be used;
I
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
necessity and convenience.
i
i
I
I
i
(i
I
II
i
h
I
I
i
i
�I
Corporations Section g 0 Nandita Berry
P.O.Box 13697 �, �� Secretary of State
Austin,Texas 78711-3697 r
N , �
Office of the Secretary of State
!
CERTIFICATE OF FILING
OF
Chowdhry&Cruz DFW Limousine Services, LLC.
File Number: 801993005 I1
I
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the i
above named Domestic Limited Liability Company (LLC) has been received in this office and has been
found to conform to the applicable provisions of law.
f
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this.certificate does not authorize the use of a.name in this state in violation of the rights j
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or i
Professional Name Act,or the common law.
Dated: 05/19/2014
i
Effective: 05/20/2014
i
J
Nandita Berry
Secretary of State
1
I
Come visit us on the internet at http✓fwww.sos.state.tx.us/ j
i
I