HomeMy WebLinkAboutOrdinance 21382-08-2014 i
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ORDINANCE NO.21382-08-2014
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AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO ECHO TRANSPORTATION SOLUTIONS, LLC FOR THE
USE OF THE STREETS, ALLEYS,AND PUBLIC THOROUGHFARES OF THE i
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 ECHO TRANSPORTATION SOLUTIONS, LLC;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
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WHEREAS, the City of Fort Worth previously granted ECHO TRANSPORTATION
SOLUTIONS, LLC the authority to operate a limousine service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS,ECHO TRANSPORTATION SOLUTIONS, LLC has appllied 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
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City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the application
of ECHO TRANSPORTATION SOLUTIONS,LLC; 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 ECHO TRANSPORTATION SOLUTIONS, LLC has performed satisfactorily
under the terms of its operating authority;
2. That the service provided continues to meet the public necessity and convenience as
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defined by Chapter 34 of the Code of the City of Fort Worth, Texas 1(1986), as amended;
3. That ECHO TRANSPORTATION SOLUTIONS, LLC is qualified and financially
able to efficiently conduct such 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 Worth for a one (1) year period beginning on the
effective date, which shall be upon acceptance by the grantee acid completion of the
publication requirement as determined by Chapter XXV, Section 2 lof the Charter of the
City of Fort Worth and Section 34-205 of the City Code of Ordinances;
4. That ECHO TRANSPORTATION SOLUTIONS, LLC continues to comply with the
requirements of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as i
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 SIX (6) LIMOUSINES by ECHO TRANSPORTATION
SOLUTIONS,LLC.
Ordinance No.21382-08-2014
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NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1. I
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ECHO TRANSPORTATION SOLUTIONS, LLC, a LIMITED LIABILITY COMPANY j
with its principal local place of business and its headquarters in FORT W RTH, TARRANT
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COUNTY, TEXAS, hereinafter referred to as "Company," is hereby granted operating authority to use I
the present and future streets, alleys and public thoroughfares of the City of Forti Worth, 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.
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SECTION 2.
The findings and recitations contained in the preamble hereof are expressly incorporated into
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and made a part of this ordinance as the findings of the City Council.
SECTION 3. ;
The Company, as holder of the grant, and the Company's operations i 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
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SECTION 4.
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The authority herein granted shall be and remain subject to said Company's full, complete, and
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satisfactory continuing compliance with all federal, state, and local laws and ordinances, including but
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not limited to the Charter of the City of Fort Worth, and all relevant provisions ofIChapter 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.
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Ordinance No.21382-08-2014
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SECTION 5. i
That the Company acknowledges that the City of Fort Worth assumes no liability or
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responsibility in making this grant, and that by acceptance of this ordinance and grant, Company hereby
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agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, and {'
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employees, from and against any and all claims or suits, expense or liability, for I any and all property
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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;
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and Company shall assume all liability and responsibility for same.
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SECTION 6.
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That the Company acknowledges that its drivers, property, and operations shall be and remain
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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
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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
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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
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that would change the nature of the rights granted under this ordinance, the City reserves the right to
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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
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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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Ordinance No.21382-08-2014
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SECTION 7.
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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SECTION 8.
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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.
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SECTION 9.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended,
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the Company shall not sell, convey, or transfer this grant of operating authority Ito any other person,
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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.
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SECTION 10.
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That nothing herein contained shall be held or construed to confer upon the Company exclusive
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rights or privileges of any nature whatsoever.
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SECTION 11.
That any suspension or revocation of the privileges granted herein may be accomplished under
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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.
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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.
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That the provisions of this ordinance shall be and are hereby declared to be cumulative of all
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provisions of the Code of the City of Fort Worth, Texas (1986), as amended,i 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
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of conflict between the provisions of this ordinance and such Code,the provisions J:f the City Code shall
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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 I
hundred dollars ($500.00). Each day that a violation exists shall constitute a se crate offense. Any
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violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and file with the City I
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.
Ordinance No.21382-08-2014
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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 caption and
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penalty of this ordinance for two (2) days in the official newspaper of the City o�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.
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That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the
fee by ECHO TRANSPORTATION SOLUTIONS,LLC and publication as required by law.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
arlene Sanders Mary J. er
Assistant City Attorney City Secretary
DATE: I
ADOPTED: August 19,2014 ACCEPTED BY:
ECHO TRANSPORTATION
EFFECTIVE: �� SOLUTIONS,LLC
By: --� —--
Printed Name
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Ordinance No.21382-08-2014
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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:
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(1) The holder has performed satisfactorily under the terms of the operating authority;
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(2) The service provided continues to be necessary and desirable; and
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(3) The holder continues to comply with all requirements of this chapter.
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION.' Approved on 8/1.9/20.14 - Ordinance No. 21.382=08-2014
DATE: Tuesday, August 19, 2014 REFERENCE NO.: **G-18286
LOG NAME: 20ECHO TRANSPORTATION SOLUTIONS
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Echo i
Transportation Solutions, LLC, to Operate Six 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:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
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a. Echo Transportation Solutions, LLC, has performed satisfactorily under the terms of !
its operating authority; l
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b. The service provided continues to meet the public necessity and convenience as defined by
Chapter 34 of the City Code;
c. Echo Transportation Solutions, LLC, is qualified to conduct its business and continues to comply i
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
six limousines by Echo Transportation Solutions, LLC; and
2. Adopt the attached ordinance granting Echo Transportation Solutions, LLC, aL thority to operate six
limousines on City streets, alleys and thoroughfares for a one-year period subject to and conditioned on
Echo Transportation Solutions, LLC, complying 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 July 31, 2014, Echo Transportation Solutions, LLC ( Company) submitted a renewal application
seeking to operate six 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 recommerid 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
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Logname: 20ECHO TRANSPORTATION SOLUTIONS Pagel of 2
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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 I
in the amount of$450.00.
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 $450.00
CERTIFICATIONS:
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801) '
Additional Information Contact: Gerald Taylor (6987)
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Logname: 20ECHO TRANSPORTATION SOLUTIONS Page 2 of 2
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Corporations Section PEE p� Hope Andrade
P.O.Box 13697 5�� Secretary of State
Austin,Texas 78711-3697 x
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Office of the Secretary of State
CERTIFICATE OF FILING
OF
Echo Transportation Solutions, LLC
File Number: 801588188
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic Limited Liability Company (LLC) has been received in this office and has been j
found to conform to the applicable provisions of law.
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.
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The issuance of this certificate does not authorize the use of a name in this state in violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law,the Assumed Business or
Professional Name Act,or the common law. 1
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Dated: 04/27/2012
Effective: 04/27/2012 1
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Hope Andrade
Secretary of State
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Come visit us on the internet at http://Wivm,.sos.state.tx.iis/ �
(512 463-5709 Dial:7-1-1 for Relay Services
Fax:
Phone:(512)463-5555 � ) I
Prepared by:Lisa Sasin TID: 10306 Document:419175860002 1
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