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HomeMy WebLinkAboutOrdinance 16300-02-2005ORDINANCE No. ~~ ~ d ~ ~`G~~ AN ORDINANCE GRANTING TO JET-TAXI, INC. THE PRIVILEGE TO USE THE STREETS, ALLEYS AND' PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS SHUTTLE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF TEN SHUTTLES FOR A PERIOD BEGINNING ON MARCH 8, 2(105, AND ENDING ON MARCH ?, 20'10; SPECIFYING THE TERMS AND CONDITIONS 011= THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY JET-TAXI, INC.; AND PR01/IDING FOR AN EFFECTIVE DATE. WHEREAS, Jet-Tax inc. {"Jet-Taxi") has applied for the privilege to furnish shuttles 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 Jet-Taxi; 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 ofi Fort Worth of ten (10) shuttles by Jet-Taxi; 2. That Jet-Taxi is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of ten shuttles upon the public streets, alleys and thoroughfares of the City of Fort Worth for the period beginning on March $, 2QQ5 and expiring on March 7, 2g1p; 3. That the general welfare of the citizens of Fort Worth will best be served by the operation often shuttles by :let-Taxi; and 4. That all other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, have been cnrnplied with by Jet-Taxi; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1 SECTION 'I. That het-Taxi, Incorporated, with ifs principal place of business and its headquarters in the City of Dallas, Dalian County, Texas, hereinafter referred to as "Company", is hereby granted the privilege to use the present and future streets, alleys and public thoroughfares of the City of Fort Worth, Texas, in its business of providing public shuttle service within the said City's municipal limits with ten (10) shuttles for the period beginning March 8, 2005 and expiring March 7, 2010. SECTI®N 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 Cade of the City of Fnrt Worth (1986), as amended. SECTION 4. That the privilege 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 maybe adopted from time to time by the City Council gnveming and regulating the operation of shuttles in the City of Fort Worth. SECTI®N 5. That the Company acknowledges that the City of Fort Warth assumes no liability or responsibility in making this grant, and that by acceptance of this ordinance and 2 grant, Company hereby agrees to indemnify, bald harmless and defend the City of Fart Worth, its officers, agents, and employees, from and against any and afl claims ar suits, expense or liability, far any and all property damage ar lass andlor personal injury, including death, to any and ali persons, of whatsoever kind or character, arising out of or in connection with any acts or omissions lay Company, its officers, agents, employees, drivers, licensees, invitees and passengers, in the exercise of the privileges granted herein; and Company shall assume all liability and responsibility for same. SECTI®N 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 street rental 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. 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 shad supersede the terms and conditions of this ordinance to the extent #hey are in conflict. ~ECTIC?N 7. That the Company acknowledges that payment of an annual "street rental" fee, 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. SECTiCaN >~. That the Company shall be obligated to discharge any claim or judgment against it finally established by law, and the failure so to do for a period of one hundred eighty (180) days shall, ipso facto, terminate all authority under this grant. 3 SECTI®N 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 privilege 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 shuttle operation without the consent of the City Council of the City of Fort Worth. SECT1t)N 10. That nothing herein contained shall be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. SECTI®N 11. That any suspension ar 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. SECTI(2N 12. That the terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of Chapter 1 of the Cade of the City of Fort Worth, Texas (1986), as amended. SECTI®N 93. 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 Fart Worth, Texas (1986), as amended, with respect to the regulation and operation of public shuttle 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 steal! govern and prevail. 4 SECTION 94. That within ten (10) days after adoption of this ordinance, Company shall 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 15. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. APPROVED A5 TD FORM AND LEGAI..ITY: ASSIST T CITY ATTORNEY DATE: ~~ 2 ~-- ~r~ 5`~` ADOPTED: ~-~ 2 ~, / o ~"--- EFFECTIVE: ACCEPTE® BY; .IET-TAXI, INC. Title: _ :~ Date: C~~ "~--`Z~ ~ ~~ 5 City ®f F®~rt VV~~h~ T°e.~a~ 'Var and un~il rnrnu is®n COUNC~i_ ACTT©N: Approved on 2l221Z005 -Ordinance No. 16300-02-2005 DATE: Tuesday, February 22, 2005 LOG NAME: 38JET SHUTTLE REFERENCE NO.: **G-14686 SUBJECT: Consideration of Application and Adoption of Ordinance Authorizing Jet-Taxi, Inc. Limousine and Shuttle to Operate Ten Shuttles within the City of Fort Worth RECOMIVIEN©ATION: It is recommended that the City Council: Consider and adopt the findings and opinions of the City staff as presented herein; 2. Find that the public necessity and convenience requires the operation of ten shuttles upon city streets, alleys and thoroughfares; and 3. Adapt the attached ordinance granting privilege to Jet-Taxi, Inc., Limousine and Shuttle {Corporation), for a period of five years beginning March 8, 2005 and ending March 7, 2010 and authorizing the- operation of ten shuttles upon city streets, such ordinance being subject to and conditioned upon Jet-Taxi, Inc., Limousine and Shuttle complying with all requirements of Article 1V, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. F)ISCUS510N: On January 3, 200, Jet-Taxi, loc., Limousine and Shuttle (Corporation} submitted to the City an application to operate a shuttle service within the City of Fort Worth. In considering the Company's application, the City Council, pursuant to Section 34-204 of the City Code, must determine whether or oat the public necessity and convenience require the operation of such vehicle for hire; whether or not the applicant is qualified and financially able to efficiently conduct such business; and to render such service to the public. In determining whether or not the grant 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 ar similar service elsewhere, and 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 to respond to claims or judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a shuttle service; 3. The character and condition of the shuttles to be used; 4. If the applicant is a corporation, the qualification of the officers, directors and persons with economic interest making such application, and each of the above-enumerated items as it applies to each of the stockholders, officers and directors; Logname: 38JET BHUTTLE Page 1 of 2 5. The character and past record of the applicant and if the applicant be corporation, of its officers, directors and stockholders; and 6. Such other information as presented during any public hearing that may bear on the public need and neceSSlty. In making-its findings, the City Council may also consider as evidence the findings or opinions of the City staff authorized to investigate the subject application. In this regard, the following represent the findings and opinions of the City staff derived from the review of the Company's application and from the City staff's independent investigation: a) The Company is qualified and financially able to conduct a shuttle service within the City; b} The Company has complied with the requirements of Chapter 34 of the City Cnde; c) The Company presented facts in support of the compelling demand and necessity for ten shuttles; and d) The general welfare of the citizens of the City will best be served by the addition of fen shuttles upon City streets, alleys and thoroughfares. The potential revenue from the collection of applicable fees, as authorized in Chapter 34, is estimated at $1,9©t} annually. FISCAL INFORMATiONlCERTIFICATION: The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees due tv the City. T® FundlAccountlCenters FROIIA FundlAccountlCenters GG01 821352 Q9~4010 1 900.00 Submitted for_City Mana~c er°s Office b~ Richard Zavala (Acting} {6222) ®riainating ©epartment k•lead; Elsa Paniagua {6711} Additional Inforrnation Contact. Elsa Paniagua {6711) Lognanae: 38JET SHUTTLE Page 2 of 2