HomeMy WebLinkAboutOrdinance 17043-07-2006ORDINANCE NO 17043-07 2006
AN ORDINANCE GRANTING TO CITY SHUTTLE, L.L.P 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 FIFTY (50) SHUTTLES FOR A PERIOD BEGINNING ON JULY 11,
2006, AND ENDING ON JULY 10, 2009• SPECIFYING THE TERMS AND
CONDITIONS OF THE GRANT PROVIDING A SEVERABILITY
CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY CITY
SHUTTLE, L.L.P AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Crty Shuttle, L.L.P has applied for the privilege to furnish shuttle 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
City Shuttle, L.L.P 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 fifty (50) shuttles by City Shuttle, L.L.P
2. That City Shuttle, L.L.P is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of
fifty (50) shuttles upon the public streets, alleys and thoroughfares of the City of
Fort Worth for the period beginning on July 11 2006 and expiring July 10 2009
3 That the general welfare of the citizens of Fort Worth will best be served by the
operation of fifty (50) shuttles by City Shuttle, L.L.P 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 City Shuttle, L.L.P
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1.
That City Shuttle, L.L.P a Limited Liability Partnership with its principal place of
business and its headquarters in the City of Dallas, Dallas 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 fifty (50) shuttles for the period beginning
July 11 2006, and expiring July 10 2009
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 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 Crty of Fort Worth (1986), as amended, and such other
ordinances as maybe adopted from time to time by the Crty Council governing and regulating the
operation of shuttles 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 passengers, in the
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exercise of the privileges 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 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. 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 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 Crty the provisions of such
ordinance shall supersede the terms and conditions of this ordinance to the extent they are m
conflict.
SECTION 7
That the Company acknowledges that payment of an annual `street rental" fee, as
specified m 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~udgment 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 privilege to any other
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person, firm or corporation without the prior formal consent and approval of the Crty 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.
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 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 City Code shall govern and prevail
SECTION 14.
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 and after it has been published once a week for four
consecutive weeks within a thirty day period in the official newspaper of the City
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APPROVED AS TO FORM AND LEGALITY
ASSISTANT ITY ATTORNEY
DATE.. ~ 13 ~ LP
ADOPTED July 11, 2006
EFFECTIVE
A('(`FPTFTI RV
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/11/2006 Ordinance No 17043-07 2006
DATE Tuesday July 11 2006
LOG NAME 38CITY SHUTTLE
REFERENCE NO *G-15269
SUBJECT
Consideration of Application and Adopt Ordinance Granting Privilege to City Shuttle L.L.P to
Operate 50 Shuttles upon the Streets Alleys and Public Thoroughfares of the City of Fort Worth
RECOMMENDATION
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 require the operation of 50 shuttles upon the city
streets alleys and thoroughfares, and
3 Adopt the attached ordinance granting privilege to City Shuttle L.L.P (City Shuttle) for a period of three
years beginning July 11 2006 and expiring July 10 2009 and authorizing the operation of 50 shuttles upon
city streets, such ordinance being subject to and conditioned upon City Shuttle L.L.P complying with all
requirements of Article VI Chapter 34 of the Code of the City of Fort Worth (1986) as amended
DISCUSSION
On March 3 2006 City Shuttle L.L.P (City Shuttle) submitted an application to the city to operate a shuttle
service within the City of Fort Worth City Shuttle also provides prearranged service to and from Dallas-Fort
Worth International Airport.
In considering the application pursuant to Section 34-204 of the City Code the City Council 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 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 or 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 ability to respond to claims or
judgments arising by reason by business of 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 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 38CITY 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 directors members and stockholders, and
6 Such other information as presented during any public hearing that may bear on the public need and
necessity
In making its findings the City Council may also consider as evidence the findings or opinions of the City
staff derived from the review of the application and from the staffs independent investigation
a) City Shuttle is qualified and financially able to conduct a shuttle service within the city
b) City Shuttle has complied with the requirements of Chapter 34 of the City Code
c) City Shuttle presented facts showing a compelling demand need and necessity for 50 shuttles and
d) The general welfare of the citizens of the city will best be served by the addition of 50 shuttles upon city
streets.
The potential annual revenues from the collection of applicable fees as authorized in Chapter 34 of the City
Code is estimated at $5 300 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/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 5 300.00
Submitted for City Manager's Office b~ Richard Zavala (Acting) (6222)
Originating Department Head Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname 38CITY SHUTTLE Page 2 of 2