HomeMy WebLinkAboutOrdinance 15819~L~J V
ORDINANCE NO
AN ORDINANCE GRANTING TO SUPERSHUTTLE DFW
CORPORATION 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 ONE HUNDRED SHUTTLES FOR A PERIOD
BEGINNING ON JANUARY 23, 2004 AND ENDING ON JANUARY 22
2008 SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT
PROVIDING A SEVERABILITY CLAUSE MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES PROVIDING FOR WRITTEN
ACCEPTANCE BY SUPERSHUTTLE DFW CORPORATION AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS SuperShuttle DFW Corporation ("SuperShuttle') 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 SuperShuttle 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 one hundred (100) shuttles by SuperShuttle
2 That SuperShuttle is qualified and financially able to efficiently conduct
such business to render such service to the public consisting of the
operation of one hundred shuttles upon the public streets alleys and
thoroughfares of the City of Fort Worth for the period beginning on
January 23 2004 and expiring on January 22 2009
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of one hundred shuttles by SuperShuttle 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 SuperShuttle
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That SuperShuttle DFW 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 one hundred (100} shuttles for the period beginning
January 23 2004 and expiring January 22 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 City of Fort Worth (1986) as
amended and such other ordinances as maybe adopted from time to time by the City
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
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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 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 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 shall supersede
the terms and conditions of this ordinance to the extent they are in conflict.
SECTION 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
SECTION 8
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.
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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 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
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 shalt 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 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
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
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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
APPROV,~D AS TO FORM AND LEGALITY
STAh41f CITY~RTTORNEY
DATE
ADOPTED ~~ I t , ~'t''
EFFECTIVE
ACCEPTED BY
SUPERSHUTTLE DFW
G~1RP[1RATIf]N
B
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Date I ` ~~ ~ ~~
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCfL ACT10N Approved on 1/13/2004 Ordinance No. 15819
DATA Tuesday January 13 2004
LOG NAME. 38SUPERSHUTTLE REFERENCE NO *G-14219
SUBJECT
Consideration of Application of SuperShuttle DFW Corporation to Operate One Hundred (100)
Shuttles within the City of Fort Worth
RECOMMENDATION
It is recommended that the City Council.
Consider and adopt the findings and opinions of City staff as presented herein and
2. Find that the public necessity and convenience require the operation of one hundred (100) shuttles
upon City streets, alleys and thoroughfares and
3 Adopt the attached ordinance granting privilege to SuperShuttle DFW Corporation for a period of 5
years beginning January 23 2004 and expiring January 22, 2009 and authorizing the operation of one
hundred (100) shuttles upon City streets, such ordinance being subject to and conditioned upon
SuperShuttle DFW Corporation complying with all requirements of Article IV Chapter 34 of the Code of the
City of Fort Worth (2003} as amended
DISCUSSION
On December 1 2003 SuperShuttle DFW Corporation submitted an application to the City to operate a
shuttle service within the City of Fort Worth SuperShuttle DFW Corporation 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.
Probable permanency and quality of the service offered by the applicant, the experience the
applicant has had in rendering such service in the City or similar service elsewhere and the
past record and experience of the applicant in adjusting claims and paying judgments if any
to claimants, and
2. The financial ability of the applicant to provide the service described 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 and
3 The character and condition of the shuttles to be used and
4 If the applicant is a corporation the qualification of the officers, directors and persons with economic
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interest making such application and each of the above enumerated items as applied to each of the
stockholders officers and directors, and
5 The character and past record of the applicant and if the applicant be a 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
necessity
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 are the findings of City
staff derived from a review of the application and from staffs independent investigation
a) SuperShuttle DFW Corporation is qualified and financially able to conduct a shuttle service within the
City and
b) SuperShuttle DFW Corporation has complied with the requirements of Chapter 34 of the City Code
and
c) SuperShuttle DFW Corporation presented facts showing a compelling demand need and necessity
for one hundred (100) shuttles, and
d) The general welfare of the citizens of the City will best be served by the addition of one hundred
(.100) 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 $10 350
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the Municipal Court Department is responsible for the collection and
deposit of funds due to the City
TO Fund/Account/Centers FROM FundlAccountlCenters
GG01 421352 0134010 $10,350.00
Submitted for City Manager's Office by Richard Zavala (Acting) (6183)
Originating Department Head Elsa Paniagua (6711).
Additional Information Contact: Elsa Paniagua (6711)
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