HomeMy WebLinkAboutOrdinance 17795-09-2007ORDINANCE NO. 17795-09-2007
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO SUPER SHUTTLE/EXECUCAR, 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 TWENTY (20) LIMOUSINES FOR A THREE (3) 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 SUPER SHUTTLE/EXECUCAR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, SUPER SHUTTLE/EXECUCAR has applied for 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 Section 34-204 of the Code of the City of
Fort Worth (1986), as amended, has made inquiry and investigation into the application of
SUPER SHUTTLE/EXECUCAR; 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 the public necessity and convenience require the operation in the City of
Fort Worth of TWENTY (20) limousines by SUPER SHUTTLE/EXECUCAR;
2. That SUPER SHUTTLE/EXECUCAR. is qualified and financially able to
efficiently conduct such business to render such service to the public, consisting
of the operation of TWENTY (20) limousines upon the public streets, alleys and
thoroughfares of the City of Fort Worth for a three (3) year period; beginning on
the effective date, which shall be upon acceptance by the grantee and
completion of the publication requirement, as determined by Article XXV, Section
2 of the Charter of the City of Fort Worth;
3. That the general welfare of the citizens of Fort Worth will best be served by the
operation of TWENTY (20) limousines by SUPER SHUTTLE/EXECUCAR;
and
4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended, have been complied with by SUPER
SHUTTLE/EXECUCAR, and any violations thereof will result in the imposition of
penalties as provided by Chapter 34-228.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That SUPER SHUTTLE/EXECUCAR, aCorporation with its principal place of business
and its headquarters in DFW Airport, 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 TWENTY (20) limousines for a three
year period beginning on the effective date.
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 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.
That 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.
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 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
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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 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 which 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
ordinance shall supersede the terms and conditions of this ordinance to the extent they are in
conflict.
SECTION 7.
That 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.
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.
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 or corporation without the prior formal consent and approval of the City
Council of the City of Fort Worth, nor shall it sell, transfer, assign or otherwise encumber its
limousine operation without the consent of the City Council of the City of Fort Worth.
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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.
SECTION 11.
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.
SECTION 12.
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.
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 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). Each day that a violation exists shall constitute a separate offense.
Any 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 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.
That this ordinance shall take effect upon adoption; acceptance of the grant and
payment of the fee by SUPER SHUTTLE/EXECUCAR. and publication as required by law.
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APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY ATTO EY
DATE: ____~~~~"
ADOPTED: September 25, 2007
EFFECTIVE: ~, ~~~ ~ 0~~
ACCEPTED BY:
Date~~ ~ ~ ~u ~'
City ®f ®rt ~/®rfh, 7"exas
IVlayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007 -Ord. # 17795-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 38SUPER SHUTTLE REFERENCE NO.: G-15884
SUBJECT:
Consideration of Application and Adoption of Ordinance Granting Super Shuttle/Execucar Authority
to Operate 20 Limousines Upon the Streets, Alleys and Public Thoroughfares of the City of Fort
Worth
-~__~ ._
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings and opinions of the City staff as presented herein;
2. Find that the public necessity and convenience require the operation of 20 limousines upon the city
streets, alleys, and public thoroughfares; and
3. Adopt the attached ordinance granting Super Shuttle/Execucar authority to operate 20 limousines upon
city streets, for a period of three years, such ordinance being subject to and conditioned upon Super
Shuttle/Execucar complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort
Worth (1986), as amended.
DISCUSSION:
On August 21, 2007, Super Shuttle/Execucar (Company) submitted an application to the City to operate a
limousine service within the City of Fort Worth.
In considering the Company's application, the City Council, pursuant to Article VI, Chapter 34, Section 34-
204 of the City Code, must determine whether or not the public necessity and convenience require the
operation of such vehicles for hire and whether or not the applicant is qualified and financially able to
efficiently conduct business and render such service to the public. In determining whether or not the grant of
privilege should be made, the City Council 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, the applicant's 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;
3. The character and condition of the limousines to be used;
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-enumerated
items as applied to each of the stockholders, officers, members and directors;
Logname: 38SUPER SHUTTLE Page 1 of 2
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.
In making its findings, the City Council may also consider as evidence the findings and/or opinions of the
City staff authorized to investigate the subject application. The following findings and opinions are derived
from the City staffs review of the Company's application and independent investigation:
a) The Company is qualified and financially able to conduct a limousine service within the city;
b) The Company has complied with the requirements of Chapter 34 of the City Code;
c) The Company presented facts in support of compelling demand and necessity for 20 limousines; and
d) The general welfare of the citizens of the city will best be served by the addition of 20 limousines upon
city streets, alleys and thoroughfares.
The three year period shall commence on the effective date, which shall be upon acceptance by the
grantee and completion of the publication requirement as determined by Article XXV, Section 2 of the
Charter of the City of Fort Worth.
The potential annual revenues from the collection of applicable fees, as authorized in Chapter 34, is
estimated at $650.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that Municipal Court is responsible for the collection and deposit of fees due
to the City.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
GG01 421352 0134010 650.00
Submitted for City Manager's Office b~ Joe Paniagua (6191)
Originating Department Head: Jackie Mitchell (6711)
Additional Information Contact: Jackie Mitchell (6711)
Logname: 38SUPER SHUTTLE Page 2 of 2