HomeMy WebLinkAboutOrdinance 21234-05-2014 ORDINANCE NO. 21234-05-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO SUPER SHUTTLE DFW, INC., d/b/a 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 FORTY-FIVE (45) 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 SUPER SHUTTLE
DFW, INC., d/b/a EXECUCAR; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted SUPER SHUTTLE DFW,
INC., d/b/a EXECUCAR, the authority to operate a limousine service on the public streets,
alleys, and thoroughfares of the City; and,
WHEREAS, SUPER SHUTTLE DFW, INC., d/b/a EXECUCAR, has applied 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 City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of SUPER SHUTTLE DFW, INC., d/b/a 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 SUPER SHUTTLE DFW, INC., d/b/a EXECUCAR, 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., d/b/a EXECUCAR, is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of FORTY-FIVE (45) LIMOUSINES upon
Ordinance No.21234-05-2014
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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., d/b/a EXECUCAR, 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,
5. That the general welfare of the citizens of Fort Worth will best be served by the
operation of FORTY-FIVE (45) LIMOUSINES by SUPER SHUTTLE DFW,
INC., d/b/a EXECUCAR.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
SUPER SHUTTLE DFW, INC., d/b/a EXECUCAR, a CORPORATION, with its
principal local place of business in DFW AIRPORT, TAR-RANT 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
limousine service within the said City's municipal limits with FORTY-FIVE (45)
LIMOUSINES 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.
Ordinance No.21234-05-2014
Page 2 of 6
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SECTION 3.
The Company, as holder of the grant, and the Conipany'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, Texas (1986), as amended,.
SECTION 4.
The authority herein granted shall be and remain subject to said Company's fall,
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, 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.
SECTION 5.
The Company arcknowledges that the (...ity 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 indernnif= , 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, eMployrees, drivers, licensees, invitees and passengers, in the
exercise of the authority granted herein; and Company shall assume all liability and
responsibility for same.
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 the general public. As such, the Cornpany understands and acknowledges that
during the to of this ordinance and grant, the City of Fort Worth may adopt such ordinances
that further regulate the operation of the Compan-y's service within the City of Fort Worth,
Ordinance No.21234-05•2014
Page 3 off
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 later-adopted
ordinance shall supersede the terms and conditions of this ordinance to the extent they are in
conflict.
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 judgnl.ent 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, nor shall the Company sell, transfer, assign, or otherwise encumber its
limousine operation without the consent of the Fort Worth City Council.
SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
Ordinance No.21234-05-2014
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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 1 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 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.
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.
Ordinance No.21234-05-2014
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SECTION 17.
This ordinance shall take eff ct upon adoption; acceptance of the grant and payment of.'
the fee by SUPER SHUTTLE DFW, INC., d/b/a EXECUCAR, and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
ASSISTANT CITY'ATTORNEY ary J. Kay
ctTy SEC RY
ADOPTED:
EFFECTIVE:
ACCEPTED BY:
SUPER.SHUTTLE DFW, INC.,
d/b/a EXECIJCAR
By:
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Ordinance No�2123A-05-2014
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 5/13/2014 - Ordinance No, 21234-05-20'14
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DATE: Tuesday, May 13, 2014 REFERENCE NO.: **G-18200
LOG NAME: 20DFW SUPER SHUTTLE/EXECUCAR
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Super
Shuttle DFW, Inc. /b/a Execucar, to Operate Forty-Five Limousines itin 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 the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of forty-five limousines
upon the City streets, alleys and thoroughfares;
b. Super Shuttle DFW, Inc. d/b/a Execucar, is qualified and financially able to conduct
a limousine service within the it ;
c. Super Shuttle DFW, Inc. d/b/a Execucar, complied it the requirements of
Chapter 34 of the City Code;
. Super Shuttle DFW, Inc. d/b/a Execucar, presented facts in support of compelling
demand and necessity for forty-five limousines;
e. The general welfare of the citizens of the City will best be served by the operation of
forty-five limousines upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Super Shuttle DFW, Inc. d/b/a Execucar, operating authority for
forty-five limousines on City streets for a one-year period subject and conditioned on Super Shuttle
DFW, Inc. /b/a Execucar, complying with all requirements of Chapter 34, Article VI of the Code of the City
of Fort Worth (1986), as amended.
DISCUSSION:
On November 9, 2010, Super Shuttle DFW, Inc. d/b/a Execucar (Company) was granted authority to
operate 20 limousines within the City of Fort Worth for a three year period. Pursuant to Section 34.200,
on December 1 , 2010, the company requested an increase of five limousines based on demand of
service. The operating authority was amended to 25 limousines. On July 6, 2011, the company requested
an increase from 25 to 35 limousines based on the increase in ridership. The operating authority was
amended to 35 limousines.
On March 3, 2014, Super Shuttle DFW, Inc. /b/a Execucar, submitted a renewal application seeking to
operate 45 limousines within the City of Fort Worth. The requested increase in number of vehicles is
Lo e: 20DFW SUPER S UTTT L C C age 1 of 2
based on continued increase in ridership.
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 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.
The one-year periods II 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 of the City of Fort Worth 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
$2,400.00.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due tot City..
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 I2 40 0.0 0
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logna,me: 20DFW SI TPER Sti.t.,Jl"I"1,,E/EXE('.t..J(,.AR. Page 2 of 2
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:
(1) The holder has performed satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.