HomeMy WebLinkAboutOrdinance 20939-09-203 ORDINANCE NO. 20939-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO SUPER SHUTTLE DFW, INC., FOR THE USE OF THE STREETS, ALLEYS,
AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
SHUTTLE BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF ONE
HUNDRED (100) SHUTTLES, 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 SUPER SHUTTLE DFW, INC.;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted SUPER SHUTTLE DFW, INC. the
authority to operate a shuttle service on the public streets, alleys, and thoroughfares of the City; and,
WHEREAS, SUPER SHUTTLE DFW, INC. has applied for renewal of its operating authority to
furnish shuttle 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 SUPER
SHUTTLE DFW, INC.; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
I That SUPER SHUTTLE DFW, 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 (1986), as amended;
3. That SUPER SHUTTLE DFW, INC. is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of ONE
HUNDRED(100) SHUTTLES 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 SUPER SHUTTLE DFW, 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
violations thereof will result in the imposition of penalties as provided by Section 34-228 of
the City Code of Ordinances; and,
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5. That the general welfare of the citizens of Fort Worth will best be served by the continued
operation of ONE HUNDRED(100)SHUTTLES by SUPER SHUTTLE DFW, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS 'THAT:
SECTION 1.
SUPER SHUTTLE DFW, INC., a CORPORATION with its principal local place of business in
DFW AIRPORT, TARRANT COUNTY, TEXAS and its headquarters in LOMBARD, DUPAGE
COUNTY, ILLINOIS 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 shuttle service within the said City's municipal limits with ONE HUNDRED
(100) SHUTTLES for a one year period beginning on the effective date.
SECTION 2.
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.
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.
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 shuttle 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 personal injury,
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including death, tn any and all persons, of whatsoever kind orcharacter, arising out oforio connection with
any acts or *ndxsioox by Compuny, its nOfioero agents, employees, ddvers, liom/sces, invitees and
passengers, in the exercise of the authority granted herein; and Cmnpyoy xkaU xxxuoe all liability and
responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations abaD be and n:ouuio subject at
all dmu* to such reasonable /ogu\udoo by the City as is or may be ouocmaory to protect the interests of the
general public. &x such, the Company understands and acknowledges that during the term of this ordinance
and grant, the City of Fort VVodb may adopt such ordinances that further regulate the operation of the
Company's service within the City o[Fort Worth, including the amount o[fees to be paid; and that upon the
adoption thereof, the Company shall begin conducting its operations in compliance with the provisions nf
such ordinances. Purtber, should the City later adopt air ordinance that would change the nature o[the rights
granted under this ordinance, the city reserves the right to oaouc| or otherwise modify any and all rights
Amo/cd under this ordinance arid issue onew grant uF operating authority, as long as Company ix not in
violation o[any provision of Chapter 24o[the Code o[the City nf Fort Worth, Texas (lo86). amamended.
In the event the terms and oouddiuu* of this ordinance are in oouOio/ with the provisions of any such
ordinance adopted by the City, the provisions of such later-adopted ordinance shall supersede the terms and
conditions nf this ordinance to the extent they are inconflict.
SECTION 7.
The Company acknowledges that payment of required fees, as specified in Chapter 34 of the Code of
the City o[Fort Worth,Texas (l986), uo amended, ioarequisite t"exercising the privileges granted herein.
SECTION 8.
The Company shall be obligated to discharge any claim orjudoueo/ against it fioaUyestablished by
law, and the failure to do yo for a period of one hundred eighty (180) Joys xhuU. ipso 6o\o` terminate all
ombonity Linder this grant.
SECTION 9.
Pursuant to [buyte/ 34 of the Code of the City of Fort Worth, Texas, (1906). as amended, the
Company sbu|| not acU, convey or transfer this gor¢ of operating uudh"cdy to any other person, Oon or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, nor
shall the Company sell, traoafer, assign or otherwise encumber its shuttle operation without the consent of
the Fort Worth City Council.
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SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights or
privileges of any nature whatsoever.
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.
SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of
Chapter I of the Code of the City of Fort Worth,Texas (1986), as amended.
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 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 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 ($500.90). Each day that a violation exists shall constitute a separate offense. Any violation of this
ordinance shall be a class C misdemeanor.
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
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.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
SUPER SHUTTLE DFW, INC.,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANTCITY ATTORNEY Mary J. K er
City Secretary
ADOPTED: SepteMbei- 17, 201.3
EFFECTIVE
ACCEPTED BY:
SUPER SHUTTLE DFW,INC.
%NN
A' E
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Vehicle for Hire Review Board's Finding Factors For Renewal Applications
Under Goobonx 34-204 and 34-221, in determining whether or not to recommend the
renewal of the @ruudug ofoperating authority, the \/ebio|o for }{ire Review Qoozd` upon such
inquiry and investigation and after thorough consideration of all the facts made available to it,
finds:
l. That the holder has performed satisfactorily under the \ornm of its operating
authority;
2. That the service provided continues to ruoe\ the public 000ummity and convenience
as defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended; and
3. That the holder continues to comply with the requirements of Chapter 34 of the
Code of the City of Fort Worth, Texas (|A06), usamended.
___
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/17/2013 - Ordinance No 20939-09-20113
......... a ,,,,N,,, ,,,,
DATE: Tuesday, September 17, 2013 REFERENCE NO.: **G-18002
LOG NAME: 20SUPERSHUTTLE
SUBJECT:
Approve Findings of the Vehicle for Hire Review Board Regarding Renewal Application of Super Shuttle
DFW, Inc., to Operate One Hundred Shuttles Within the City of Fort Worth and Adopt Ordinance Granting
Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Vehicle for Hire Review Board:
a. Super Shuttle DFW, 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;
c. Super Shuttle DFW, Inc., is qualified to conduct its business and continues to comply with the
requirements of Chapter 34 of the City Code; and
d. The general welfare of the citizens of the City will best be served by the continued operation of one
hundred shuttles upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Super Shuttle DFW, Inc., authority to operate one hundred
shuttles on city streets, alleys and thoroughfares for a one-year period subject to and conditioned on
Super Shuttle DFW, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City
of Fort Worth (1986), as amended.
DISCUSSION,
In 2010, the Fort Worth City Council adopted Ordinance No.18999 granting Super Shuttle DFW, Inc.
(Company), authority to operate 100 shuttles within the City of Fort Worth. This Company has submitted a
renewal application seeking authority to continue operating 100 shuttles within the City of Fort Worth.
In accordance with Section 34-204, the Board's findings and recommendations are now being forwarded
to the City Council. If the City Council adopts the findings, approves the application and adopts the
attached ordinance, this Company will be granted operating authority for a one-year period commencing
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 Vehicle for Hire Review Board Finding Factors are attached to this Mayor and
Council Communication (M&C) and are incorporated into this M&C for all purposes.
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be
Logname: 20SUPERSHUTTLE Page 1 of 2
$7,650.00.
FISCAL INFORMATION /CER,rIFICATION:
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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $7,650-00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20SUPERSHUTTLE Page 2 of 2