HomeMy WebLinkAboutOrdinance 17002-06-2006ORDINANCE NO 17002-06-2006
AN ORDINANCE TO REVOKE THE PRIVILEGE GRANTED TO JET
TAXI, INC. LIMOUSINE AND SHUTTLE TO USE THE STREETS,
ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF FORT
WORTH IN ACCORDANCE WITH ARTICLE VI, CHAPTER 34 OF THE
CODE OF THE CITY OF FORT WORTH, PROVIDING A
SEVERABILITY CLAUSE MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS on February 22, 2005 the City Council approved Ordinance #16300 (M&C
G-14686) granting privilege to Jet Taxi, Inc Limousine and Shuttle to operate ten (10) shuttles
upon the city streets, alleys and thoroughfares subject to Jet Taxi, Inc Limousine and Shuttle s
compliance with all requirements of Article VI, Chapter 34 of the Code of the City of Fort
Worth (2003), as amended ("City Code ') and
WHEREAS as a condition for continued operation under a grant of privilege, a holder
must be able to demonstrate the financial ability to efficiently conduct business and render
services to the public as provided for m the grant; and
WHEREAS, on or about January 10 2006 the City was notified that Jet Taxi, Inc
Limousine and Shuttle had ceased operation of its shuttle service wrthm the city of Fort Worth,
and
WHEREAS, pursuant to City Code Section 34-207(c), notice was properly given and a
hearing was held on March 23 2006 affording Jet Taxi, Inc Limousine. and Shuttle the
opportunity to disprove any and all charges and allegations set out m the notice. The Hearing
Officer found that Jet Taxi, Inc Limousine and Shuttle failed to maintain conditions necessary
to conduct business and render services to the public m the City of Fort Worth pursuant to
Chapter 34 of the Crty Code, and
WHEREAS Article VI, Chapter 34 Section 34-207(b) of the Crty Code authorizes the
City Council to revoke the grant of privilege if the holder of the privilege reaches a condition
1
which the City Council does not deem the holder able to pay m full reasonable claims for
damages which might be legally established and confirmed, or if for good and sufficient reason,
the general welfare of the citizens or the best interests of the city will be best served by such
action.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
That Jet Taxi, Inc Limousine and Shuttles ("Company") privilege to use the present
and future streets, alleys and public thoroughfares of the Crty of Fort Worth, Texas, m its
business of providing public shuttle service within the said City's municipal limits is hereby
revoked, and the Company shall immediately cease operation of its ten (10) shuttles upon city
streets.
SECTION 2.
That this revocation shall render the grant of privilege completely null and void and of no
further force and effect, and the Company shall be prohibited from applying for a grant of
privilege for two (2) years.
SECTION 3
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 Crty Council.
SECTION 4
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 (2003), as amended, with respect to
the regulation and operation of public shuttle service within the City's municipal limits, and, m
the event of conflict between the provisions of this ordinance and such Code, the provisions of
the Crty Code shall govern and prevail.
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SECTION 5.
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
AS ISTANT CITY A ORNEY
DATE C,.Q ~~~. f ~
ADOPTED June 20, 2006
EFFECTIVE June 20, 2006
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/20/2006 Ordinance No 17002-06-2006
DATE Tuesday June 20 2006
LOG NAME 38JET TAXI INC
SUBJECT
Consideration of Revocation of the Grant of Privileg
Shuttle for Failure to Maintain Conditions Necessary t
the Public Pursuant to Article VI Chapter 34 of the
Amended and Adopt the Attached Ordinance
REFERENCE NO *G 15248
e Granted to Jet Taxi Inc Limousine and
o Conduct Business and Render Service to
Code of the City of Fort Worth (2003) as
RECOMMENDATION
It is recommended that the City Council
1 Consider and adopt the findings and opinions of the Hearing Officer as presented herein and
2 Adopt the attached ordinance to revoke the grant of privilege granted to Jet Taxi Inc. Limousine and
Shuttle for failure to maintain conditions necessary to conduct business and render services to the public
pursuant to Article VI Chapter 34 of the Code of the City of Fort Worth (2003) as amended
DISCUSSION
On February 22 2005 (M&C G-14686) the City Council approved Ordinance No 16300 authorizing a
grant of privilege to Jet Taxi Inc Limousine and Shuttle to operate ten shuttles upon the city streets alleys
and thoroughfares subject to Jet Taxi Inc. Limousine and Shuttle's compliance with all requirements of
Article VI Chapter 34 of the Code of the City of Fort Worth (2003) as amended One of the criteria
considered by the City Council for granting the privilege was the financial ability of Jet Taxi Inc. Limousine
and Shuttle to provide services to the public under Chapter 34
On January 10 2006 Jet Taxi Inc. Limousine and Shuttle submitted correspondence to the City indicating
that the Company had ceased operation of its shuttle service within the City of Fort Worth The Fort Worth
Ground Transportation Coordinator requested a hearing on the matter of revoking Jet Taxi Inc Limousine
and Shuttle s grant of privilege for failure to maintain conditions necessary to conduct business and render
services to the public in the City of Fort Worth
A hearing was conducted on March 23 2006 on the matter of revoking Jet Taxi Inc Limousine and
Shuttle's grant of privilege Notification of the revocation hearing was sent by certified mail pursuant to City
Code Section 34-207 (c) however Jet Taxi Inc. Limousine and Shuttle representatives did not appear to
disprove any and all allegations and charges. Evidence was presented and the Hearing Officer found that
the Company has not shown the financial ability to provide services pursuant to Chapter 34 since January
10 2006
The Hearing Officer finds, based on the foregoing facts and applicable provision of the City Code that
there is sufficient cause and authorizes a motion to proceed with formal revocation of Jet Taxi Inc
Limousine and Shuttles's grant of privilege
Logname 38JET TAXI, INC Page 1 of 2
After notice and hearing Chapter 34 Section 34-207(b) of the City Code authorizes the City Council to
revoke a grant of privilege if the holder of the privilege reaches a condition which the City Council does not
deem the holder able to pay in full reasonable claims for damages which might be legally established and
confirmed or if for good and sufficient reasons the general welfare of the citizens or the best interests of
the City will be best served by such action In event of revocation the grant shall be thereafter completely
null and void and of no further force and effect. The revocation of a holder's grant of privilege shall be in full
force for two years.
It is recommended that the City Council authorize revocation of the grant of privilege granted to Jet Taxi
Inc Limousine and Shuttle on February 22 2005 requiring the Company to immediately cease operation of
its ten shuttles upon city streets alleys and thoroughfares
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by Richard Zavala (Acting) (6222)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38JET TAXI, INC Page 2 of 2