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HomeMy WebLinkAboutOrdinance 7511 ORDINANCE NO. -7 5 11 AN ORDINANCE GRANTING THE PRIVILEGE APPLIED FOR BY THE FORT WORTH'S POORBOY CAB COMPANY, d/b/a POORBOY CAB COMPANY TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS TAXICAB BUSINESS WITH UP TO 30 TAXICABS FOR A PERIOD OF ONE YEAR; SPECIFYING THE TERMS AND CON- DITIONS OF THE GRANT, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, as a modern, growing, metropolitan center with a population in excess of 400,000 persons has a demonstrated need for adequate taxicab service; and WHEREAS, a substantial portion of that need exists in the taxicab service requirements of the minority citizens of the Commun- ity who have an expressed preferrence for service by a minority owned and operated taxicab service; and WHEREAS , the minority owned and operated taxicab service which has been primarily devoting its service to this need has neglected, failed and refused to maintain a satisfactory level of financial responsibility to the citizens it serves, contrary to their general welfare and the best interests of the City; and WHEREAS, the minority owned FORT WORTH 'S POORBOY CAB COMPANY, d/b/a POORBOY CAB COMPANY has filed an application to furnish taxicab service on the public streets, alleys and thorough- fares of the City generally but with particular emphasis on supplying the taxicab service needs of the minority citizens of the community; and WHEREAS, due inquiry has been made into the application of FORT WORTH'S POORBOY CAB COMPANY and after a thorough consideration of all the facts made available to it the City Council finds that: 1. Fort Worth ' s Poorboy Cab Company has submitted its application for a grant of privilege in due form and in substantial technical compliance with the provisions of Section 34-3, Code of the City of Fort Worth, Texas (1964) , as amended. 2. The probable permanence and indicated quality of service to be offered by the applicant and the operating experience of its corporate officials all favor granting the application. 3 . The financial ability of the applicant to respond in damages to claims or judgments resulting from the operation of the applicant ' s taxicabs is to be assured by adequate liability insurance coverage of and as a condition to their operation. 4. The price applicant proposes to charge for services is in accordance with the rates established by City ordinance as they are set forth in Section 34-12, Code of the City of Fort Worth, which price will support the rendition of adequate and dependable service. 5 . The character and condition of the taxicabs to be used appears to be satisfactory. 6. The character, fitness and past record of the corporate officers and shareholders warrants the conclusion that the Company and its personnel merit the opportunity to demonstrate that they will conduct their taxicab business in consonance with the business mores of the community. 7 . Public convenience and necessity supports granting the application of Fort Worth' s Poorboy Cab Company to provide public taxicab service to the citizens and visitors of and to the City with up to 30 taxicabs the Company seeks the privilege to operate on and over the public streets, alleys and thoroughfares of the City. 8. The general welfare of the community will be best served by granting the privilege sought in the Application of Fort Worth 's Poorboy Cab Company; and that 9. All prerequisites to a Grant of Privilege by the City Council as contained in Chapter 34, Code of the City of Fort Worth, Texas (1964) , as amended, have been met; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That the FORT WORTH'S POORBOY CAB COMPANY, d/b/a POORBOY CAB COMPANY, a Texas Corporation, with its principal place of business -2- and its headquarters in the City of Fort Worth, Tarrant 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 taxicab service within the said City ' s municipal limits with 30 taxicabs for the period commencing with acceptance of the terms of this Ordinance by the Company on and after March 1, 1977 , and expiring February 28, 1978. SECTION 2 . That the privilege herein granted shall be and remain subject to said Company' s full, complete and satisfactory con- tinuing 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, Texas (1964) , as amended, and such other ordinances as may be adopted by the City Council governing and regulating the operation of taxicabs in the City of Fort Worth. SECTION 3. That the Company acknowledges the City assumes no liability in making this grant and by acceptance does agree to hold the City harmless from all expense or liability for any act or neglect in exercising the privilege granted. SECTION 4. That the Company acknowledges its property and opera- tions shall be and remain subject to such reasonable regulation by the City as is or may be necessary to protect the interests of the general public, that payment of an annual "street rental" fee as specified in Section 34-9, Chapter 34 of the Code of the -3- City of Fort Worth, Texas (1964) , as amended, is a requisite to exercising the privilege granted herein, and that suspension and/or revocation of the privilege granted herein may be accomplished under the provisions of Chapter 34 of said City Code. SECTION 5 . 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. It is a specific condition of this Grant of Privilege that the Company shall, for each taxicab it places in service pursuant to the authority granted, procure= and maintain in force throughout the term of this Grant, a policy or policies of public liability insurance pertaining to its services and operations hereunder. Said policy or policies shall be with a responsible company licensed to do business in the State of Texas and satisfactory to the City. A certificate of current insurance coverage shall be maintained on file with the City (Director of Consumer Affairs) throughout the term of this Grant of Privilege, evidencing coverage pursuant to this requirement in the minimum amounts of $50,000 .00 for bodily injuries to or death of one person, $100 ,000 .00 for bodily injuries to or death of all persons injured or killed in any one accident, and $25,000.00 for loss or damage in any one accident to the property of others . The minimum amounts specified may be revised upwards at the City' s option following 30 days written notice to the Company of such required increase. SECTION 6. That nothing herein contained shall ever be held or con- -4- strued to confer upon the Company exclusive rights or privileges of any nature whatsoever. SECTION 7 . That the terms and provisions of this ordinance are severable and shall be governed by Section 1-4 of Chapter 1 of the Code of the City of Fort Worth, Texas (1964) , as amended. SECTION 8. 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 (1964) , as amended, with respect to the regulation of public taxicab 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 Code shall govern and prevail. SECTION 9. That within ten days after the adoption of this ordinance, grantee herein shall file with the City Secretary written accept- ance of the terms and provisions hereof. SECTION 10 . 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: 0000" 1 City Attorney -5-