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HomeMy WebLinkAboutOrdinance 18999-01-2010ORDINANCE NO 18999-01 2010 AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY TO SUPER SHUTTLE DFW, INC. FOR THE USE OF 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 (100) SHUTTLES FOR A THREE (3) 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., PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth previously granted SUPER SHUTTLE DFW, INC. the authority to operate a shuttle service on the public streets, alleys, and thoroughfares of the City and, WHEREAS, SUPER SHUTTLE DFW, INC. has applied for renewal of its operating authority to furnish shuttle 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., and, WHEREAS upon such inquiry and investigation and after thorough consideration of all the facts made available to it, the City Council finds That SUPER SHUTTLE DFW, INC. 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, 2 That SUPER SHUTTLE DFW, INC. is qualified and financially able to efficiently conduct such business to render such service to the public, consisting of the operation of ONE `HUNDRED (100) SHUTTLES upon the public streets, alleys 1 and thoroughfares of the Crty of Fort Worth for a three (3) year penod 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. 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 m 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 continued operation of ONE HUNDRED (100) SHUTTLES by SUPER SHUTTLE DFW, INC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That SUPER SHUTTLE DFW, INC., a CORPORATION with its principal local place of business m DFW AIRPORT, TARRANT COUNTY, TEXAS and rts headquarters m 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 Crty of Fort Worth, Texas, in rts business of providing public shuttle service within the said ~ City's municipal limits with ONE HUNDRED (100) SHUTTLES for a three year penod beginning on the effective date. SECTION 2. That the findings and recitations contained m the preamble hereof are expressly incorporated into and made a part of this ordinance as the findings of the City Council. 2 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, Texas (1986}, as amended. SECTION 4. That the authority 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 Crty 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 shuttles m the Crty 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 mdemmfy 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 m connection with any acts or omissions by Company its officers, agents, employees, 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. 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 Crty of Fort Worth may adopt such ordinances that further regulate the operation of the Company's service within the City of Fort Worth, 3 including the amount of fees to be paid, and that upon the adoption thereof, the Company shall begin conducting its operations m 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 m 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 m conflict with the provisions of any such ordinance adopted by the Crty the provisions of such later-adopted 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 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. That the Company shall be obligated to discharge any claim or judgment against rt 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 operating authority to any other person, firm, or corporation without the prior formal consent and approval of the City Council of the Crty of Fort Worth, nor shall the Company sell, transfer assign, or otherwise encumber its shuttle operation without the consent of the Fort Worth City Council. 4 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 S 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 tho regulation and operation of public shuttle service wrthm the City's municipal hmrts, 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. A penalty may be imposed for violations of this ordinance m 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. That 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 5 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 Crty of Fort Worth, Texas, is hereby directed to publish the caption and penalty of this ordinance for two (2) days m the official newspaper of the Crty of Fort Worth, Texas, as authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Charter of the Crty of Fort Worth, and section 34-205 of the City Code of Ordinances. SECTION 17 That this ordinance shall take effect upon adoption, acceptance of the grant and payment of the fee by SUPER SHUTTLE DFW, INC. and publication as required bylaw APPROVED AS TO FORM AND LEGALITY ASSISTA,9~1~' CITY ATTORNEY DATE ADOPTED• January 26, 2!010 EFFECTIVE - L ! ~~ ACCEPTED BY SUPER SHUTTLE DFW, INC. DATE ~-~~~~ 6 City of Fort Worth, Texas Mayor and Council Communication - _ ~ e ~~ COUNCIL.ACTION: Approved on 1/2612010 'Ordinance No. 1.5999-01-2010 DATE Tuesday ,lanuary 26 2010 LOG NAME 20SUPERSHUTTLE DFW INC REFERENCE NO *G-16816 SUBJECT Approve the Findings of the Vehicle for Hire Review Board Regarding Renewal Application of Super Shuttle DFW Inc to Operate One Hundred Shuttles Within the City of Fort Worth and Adopt Ordinance Granting Authority RECOMMENDATION It is recommended that the City Council 1 Consider and adopt the following findings of the Vehicle for Hire Review Board a Super Shuttle DFW Inc. has performed satisfactorily under the terms of its operating authority b The service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code c. Super Shuttle DFW Inc. is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code d The general welfare of the citizens of the City will best be served by the continued operation of one hundred shuttles by Super Shuttle DFW Inc and 2. Adopt the attached ordinance granting Super Shuttle DFW Inc. authority to operate one hundred shuttles on city streets, alleys and thoroughfares for a three year period subject to and conditioned on Super Shuttle DFW Inc. complying with all requirements of Chapter 34 Article VI of the Code of the City of Fort Worth (1986} as amended DISCUSSION In 2004 the Fort Worth City Council adopted Ordinance No 15819 granting Super Shuttle DFW Inc. authority to operate one hundred shuttles within the City limits for a period of five years. In 2005 the City Council approved an amendment to Ordinance No 15819 reducing the authorized number of vehicles from 100 to 20 shuttles Later that same year the City Council adopted Ordinance No 16509 increasing the authorized number of vehicles from 20 back to 100 shuttles a change that the company requested because of revised DallaslFort Worth International Airport requirements that mandated that all shared-ride service providers service ten counties instead of six counties Super Shuttle DFW Inc. (Company). has submitted a renewal application seeking authority to continue operating one hundred shuttles within the City of Fort Worth 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 Vehicle for Hire Logname: 20SUPERSHUTTLE DFW INC. Page 1 of 3 Review Board (Board). Under Section 34-204 in determining whether or not to recommend the granting of operating authority the Board 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 of business operations injury to persons or damage to property resulting from operation of a limousine service 3 The character and condition of the vehicles 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-numbered items as applied to each of the stockholders officers members and directors 5 The applicant' s character and past record and if the applicant is a corporation or other business entity that of its officers members and stockholders, and 6 Such other information as presented during any public hearing that may bear on the public necessity and convenience In accordance with Chapter 34 of the City Code the renewal application was made available for review and a public hearing was held by the Vehicle for Hire Review Board Following the hearing the Board recommended granting the renewal application based on the following findings a. The Company has performed satisfactorily under the terms of its operating authority b The service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code c. The Company is qualified to conduct its business and has complied with requirements of Chapter 34 of the City Code and d The general welfare of the citizens of the City will best be served by the continued operation of one hundred shuttles by Company In accordance with section 34-221 the Board' s findings and recommendations are now being forwarded to the City Council If the City Council adopts the findings approves the renewal and adopts the attached ordinance the Company will be granted operating authority for a three year period commencing 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 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 $7 650 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 to the City Logname: 20SUPERSHUTTLE DFW INC Page 2 of 3 FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers GG01 421352 0134010 7 650.00 CERTIFICATIONS Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head. William A. Verkest (7801) Additional Information Contact: Gerald Taylor (6987) Logname• 20SUPERSHUTTLE DFW INC. Page 3 of 3