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HomeMy WebLinkAboutOrdinance 9663tl ~ } ~ ,~tt ach rnen~ ~~ ., ORDINANCE NO. ~`G+ AN OR DINANCE GRANTING THE PRIVILEGE APPLIED FOR BY THE AMERICAN CAB COMPANY TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS TAXICAB BUSINESS WITH 130 TAXICABS FOR A PERIOD OF TEN YEARS; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVID- ING A SEVER ABILITY CLAUSE; M AKING THIS ORDINANCE CUMULA- TIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY GRANTEE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas, as a modern growing, metropolitan center with a population in substantial excess of 445,000 persons, has a demonstrated need for adequate taxicab ser- vice; `kand WHEREAS, American Cab Company has been a major supplier of taxicab service to Fort Worth citizens and visitors since 1984; and WHEREAS, American Cab Company, the City's only minority taxicab service, has applied for a renewal of its expiring privilege, as granted in 1984 by Ordinance No. 9136, to furnish taxicab service on the public streets, alleys and thoroughfares of the City for a term of 10 years commencing June 26, 1986; and WHEREAS, the City of Fort Worth has made due inquiry into the said American Cab Company's application, the substance of the Company, the service it offers, the terms and conditions of its past and proposed operations, its character as a business entity and the character of its officers and employees; and WHEREAS, upon such inquiry and after a thorough consideration of all the facts made available to it, the City Council finds: 1. That American Cab Company has submitted its application for renewal of its privilege in due form and in technical compliance ~~,. ,~>, r ,. with the provisions of Section 34-3, Code of the City of Fort Worth, Texas (1964), as amended. 2. That American Cab Company is an integral part of the Fort Worth business community with an established respectable, respons- ible attitude toward its business and obligations to all citizens of the community. 3. That the quality of service offered by American Cab Company been high in the past and in all likelihood will continue at the same level. 4. That the Company has met all imposed financial responsibil- ity requirements in the past, meets all State requirements present- ly, and has demonstrated financial ability to respond in damages to all legitimate claims or judgments arising by reason of injury to persons or damage to property resulting from its taxicab operations. 5. That the taxicabs presently utilized by the Company and its subsidiaries are kept and maintained in a mechanically safe, com- fortable, clean condition. 6. That the number of taxicabs and the condition in which they are maintained, manned by the number and caliber of drivers employed by the Company, has furnished and promises to continue to furnish the level of service in both quantity and quality essential to meet its share of the legitimate public needs in the immediately foresee- able future. 7. That a review of the permits issued to the Company's drivers together with the lack of adverse incident reports which have not -2- r. been appropriately acted upon by the Company and the lack of adverse incidents or publicity relating to the Company, its officers or employees, warrants the conclusion that the Company and its per- sonnel are and have been conducting their taxicab business in con- sonance with the business mores of the community. 8. That public convenience and necessity supports the applica- tion of the American Cab Company to continue to provide public taxicab service to the citizens and visitors of and to the City of Fort Worth with up to 130 taxicabs to be operated on and over the public streets, alleys and thoroughfares of the City. 9. That the general welfare of the community will be best served by granting the privilege sought in the application by American Cab Company; and 10. That 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 American Cab Company, a Texas corporation, with its principal place of business 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, -3- Texas, in its business of providing public taxicab service within the said City's municipal limits with 130 taxicabs for the period beginning on June 26, 1986 and expiring June 26, 1996. This Grant of Privilege is subject to the written acceptance of this ordinance by Company. SECTION 2. That the privilege herein granted shall be and remain subject to said Company's full, complete and satisfactory continuing compli- ance with all Federal, State and local laws and ordinances, includ- ing 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. SECTLON 3. That the Company acknowledges that the City of Fort Worth assumes no liability or responsibility in making this grant, and by acceptance of this ordinance and grant Company does agree 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, arising out of or in connection with any acts or omissions by American Cab Company, its officers, agents, employees, licensees and invitees, in the exer- -4- ~. r G cising of the privileges granted herein; and American Cab Company shall assume all liability and responsibility for same. SECTION 4. That the Company acknowledges its property and operations 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 pub- lic, that payment of an annual "street rental" fee as specified in Section 34-9, Chapter 34 of the Code of the 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 priv- ilege 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. SECTION 6. That the Company shall not sell, convey or transfer its prop- erty, ownership or stock to any other person, firm or corporation without the prior consent of the City Council of the City of Fort Worth. SECTION 7. That nothing herein contained shall ever be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. -5- SECTION 8. 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 9. 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 regula- tion of public taxicab service within the City's municipal limits, and, in the event of conflict between the provisions of this ordi- nance and such Code, the provisions of the Code shall govern and prevail. SECTION 10. That within ten (10) days after the adoption of this ordinance grantee herein shall file with the City Secretary written acceptance of the terms and provisions hereof. SECTION 11. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section 12 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 12. That this ordinance shall be in full force and effect from the date of its adoption and acceptance as hereinabove provided. -6- a 3. ~\ ~ ~. ` ~ ~ Y. APPROVED AS TO FORM AND LEGALITY: City r+.~,.r~,.., Date: ADOPT EFFEC ACCEPTED BY: AM ER I CAN CAB COMPANY By: President -7- A~ jif V'~. t"i :ls'% - ~R[QaP_Q.i~77t~1a:(~~,F ~C~(~j ® U 'L~L/~~ ~~l!! 1l/tli U ILN.~ U/~ ~~ 1/.lla lV~ IL~l/ U U/ ILR%~~ (1/®=l/ IV ~ - t VxkTF:R AaMif~ll4l:tAT'~uf+ ~ LAk!yr1 DATE REFERENCE NUMBER >-Z4-ttb ~ G-6i Recommendation: ~' ~ °~.~, It is recommended that the City Council. ''`"` 1) Conduct a public hearing on the request of American Cab Company, and 2) Approve the attached ordinance continuing the grant of privilege previous- ly authorized to the American Cab Company and authorizing a Certificate of Convenience and Necessity for one hundred thirty taxicab permits for a term of ten years, commencing on June 26, 1986. Background. On June 2, 1986, American Cab Company filed its application (Attachment A) with the City Council to provide taxi service in Fort Worth, and the application was referred to the Department of Law for investigation. The American Cab Company ("American"), a minority owned and operated taxicab service, was chartered as a Texas corporation on February 13, 1984 (Secretary of State -Incorporation Certificate No. 691227-0). Its four officers and direc- tors are local citizens. Directors Archie Clark and Robert L. Cooper are veteran taxi driver-owners and were formerly officers of Fort Worth's Poor Boy Cab Company, Inc., and its predecessor, United Taxicab Company of Fort Worth, Inc. President and Chief Executive Officer Ike Dubose has long been in the taxicab business, as has his son, Dwight D, Dubose, also a director. The initial grant-of-privilege was approved by City Council in June 1984 (M&C G-6035) when Ordinance No. 9136 was adopted. On February 26, 1985 (M&C G-6267), American was authorized to increase the maximum number of taxicabs authorized to be operated in Fort Worth from 30 to 130 American began its operations in 1984 in leased quarters and shared call-dis- patch facilities with another cab company. It has now acquired its own oper- ating and maintenance headquarters and dispatches all of its own calls from a new facility on Martin Luther King Freeway in the southeast part of the City. The company's request for a longer term grant than was originally granted appears to be reasonable in that it will assist in the company's financing efforts to procure additional equipment with which it will expand its service capability. American's ownership has been increased by the addition of four more local citizens to the Board of Directors and officers. These officers include Mr. and Mrs. Raymond L. Woods, Executive Vice President and Secretary, respectively; Mark Marshall, Operations Vice President, and Mrs. Isaac Dubose, Corporate Secretary. Staff has reviewed the proposed extension of the company's Grant of Privilege and is of the opinion that ,public taxicab service will be enhanced by the approval of the request:. An ordinance (Attachment .B) has been prepared, authorizing the operation. of one hundred thirty taxicabs for a term of ten years, commencing on June 26, 1986, and which provides for adequate .protection of the public. orniircT nr nur~rrn-i nnn nn..nn-w DATE REFERENCE NUMBER SUBJECT FOR A CERTIFICATE OF CONVENIENCE PAGE 6-24-86 ~; G-6715- AND NECESSITY TO OPERATE TAXICAB 2 or 2 t This Grant of Privilege is subject to the written acceptance of~this ordinance by American Cab Company <. , r- r •~ RHA i r Attachment ~~ ~ ,~ t , } ~ , "~ APPROVED OY s` ~ ~ ~ ~_ .` CITY COUNCIL ~f ~._ _. ~~ IwYL~ ~ {~ ~ ~ Cr~ ~ ;`ie ~ ~ ~ i ~'; ~I City Secxetaxy of tho i City of Foxt Worh, Texas ~ ~I G , ~ s SUBMITTED FOR THE CITY MANAGER'S OFFICE BY ~~~ ~ DISPOSITION BY COUNCIL. PROCESSED BY ~ ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• W WQOd CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT R Au hinbau h 6798 adopted Ordinance No ~ DATE .~ .