HomeMy WebLinkAboutOrdinance 15864~w ~~~~*
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ORDINANCE NO
AN ORDINANCE GRANTING TO CLASSIC ACQUISITION CORP DBA
YELLOW CHECKER SHUTTLE 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 FORTY SHUTTLES FOR A
PERIOD BEGINNING ON FEBRUARY 10 2004, AND ENDING ON
FEBRUARY 9 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 SUPERSHUTTLE DFW CORPORATION
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS Classic Acquisition Corp dba Yellow Checker Shuttle ("Yellow
Checker") 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 Yellow Checker 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 forty (40) shuttles by Yellow Checker
2 That Yellow Checker is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the
operation of forty shuttles upon the public streets alleys and
thoroughfares of the City of Fort Worth for the period beginning on
February 10 2004 and expiring on February 9 2009
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of forty shuttles by Yellow Checker 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 Yellow Checker
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That Classic Acquisition Corp dba Yellow Checker Shutle 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 forty (40)
shuttles for the period beginning February 10 2004 and expiring February 9 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
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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 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 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 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
APPROVED AS TO FORM AND LEGALITY
ISTAf?~d`f CITY ATTORNEY
DATE
ADOPTED ~ (~-~~f-
EFFECTIVE nl; L, ~~~-~4-'
ACCEPTED BY
CLASSIC ACQUISITION CORP
DBA YELLOW CHECKER SHUTTLE
By~ _.
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P sident
Date ~ ~/ Oaf
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/10/2004 Ordinance No 15864
DATE Tuesday February 10 2004
LOG NAME. 38YELLOW CHECK REFERENCE NO *G-14254
SUBJECT
Consideration of Application of Classic Acquisition Corporation d/b/a Yellow Checker Shuttle to
Operate Forty (40) 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 public necessity and convenience require the operation of forty (40) shuttles upon City streets
alleys and thoroughfares• and
3 Adopt the attached ordinance granting privilege to Classic Acquisition Corporation d/b/a Yellow
Checker Shuttle for a period of 5 years beginning February 10 2004 and expiring February 9 2009 and
authorizing the operation of forty (40) shuttles upon City streets such ordinance being subject to and
conditioned upon Yellow Checker Shuttle complying with all requirements of Article IV Chapter 34 of the
Code of the City of Fort Worth (2003) as amended
DISCUSSION
On January 13 2004 Classic Acquisition Corporation d/b/a Yellow Checker Shuttle (Company) submitted
an application to the City to operate a shuttle service within the. City of Fort Worth
In considering the Company's application the City Council pursuant to Section 34-204 of the City Code
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.
a) 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 past record and
experience of the applicant in adjusting claims and paying judgments if any to claimants and
b) The applicant's financial ability to provide the service described and to respond to claims or
judgments arising by reason of business operations or injury to persons or damage to property
resulting from operation of a shuttle service and
c) The character and condition of the shuttles to be used and
d) If the applicant is a corporation the qualification of the officers, directors and persons with economic
interest making such application and each of the above enumerated items as applied to each of the
stockholders officers and directors and
Logname 38YELLOW CHECK Page 1 of 2
e) The character and past record of the applicant; and if the applicant be a corporation of its officers,
directors and stockholders, and
f) 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 and
opinions of City staff derived from the review of the Company's application and from the staffs independent
investigation
a) The Company is qualified and financially able to conduct a shuttle service with the City and
b) The Company has complied with the requirements of Chapter 34 of the City Code and
c) The Company presented facts showing the demand compelling need and necessity for forty (40)
shuttles and
d) The general welfare of the citizens of the City will best be served by the addition of forty (40) 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
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 Fund/AccountlCenters
GG01 42'1352 0134010 0.00
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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