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HomeMy WebLinkAboutOrdinance 9328e. _ i ORDINANCE N0. /~~~ AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 9136, BY INCREASING FROM 30 TO 130 THE MAXIMUM NUMBER OF TAXICABS PERMITTED TO BE OPERATED BY THE AMERICAN CAB COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 9136, the City Council of the City of Fort Worth, Texas, granted the American Cab Company the privilege of providing taxicab service in the City of Fort Worth for a term of two (2) years ending June 30, 1986; and WHEREAS, Ordinance No. 9136 authorized the operation of a maximum of 30 taxicabs for the said two (2) year term; and WHEREAS, due to the renaissance of Fort Worth as a visitor and convention center, there is now a greater demand for the new companys' taxicabs and service; and WHEREAS, American Cab Company starting with no cabs on the streets of Fort Worth has increased its fleet of new cars and has already reached the limit of 30 taxicabs as authorized by Ordinance No. 9136; and WHEREAS, if satisfactory taxicab service is to continue to be afforded to all Fort Worth patrons, the present number of taxicabs authorized to operate within the City should be increased, consis- tent with the demand and necessity for such taxicab service; and WHEREAS, the City of Fort Worth has made due inquiry into the said American Cab Company application for the authorization of additional taxicabs, and upon such inquiry and after a thorough con- sideraton of all the facts made available to it, the' City Council finds: 1. That Public convenience and necessity supports the request of the American Cab Company to increase the maximum number of taxicabs authorized from 30 to 130; and e ,r ; 2. That the general welfare of the community will be best served by increasing the maximum number of taxi- cabs authorized from 30 to 130; and 3. That all other prerequisites as contained in 'Chapter 34, of the Code of the City of Fort Worth, Texas (1964), as amended, have been met; NOW THERE- FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1 of City of Fort Worth Ordinance No. 9136, on file in the office of the City Secretary of the City of Fort Worth, be and the same is hereby amended and, after having been so amended, shall hereafter read and be as follows: "That the AMERICAN CAB COMPANY, a Texas corporation, with its principal place of business and its headquarters at 1020 Stayton Street 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 130 taxicabs, the period of said privilege to expire on June 30, 1986." SECTION 2. That this Ordinance shall be cumulative of all .provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That all rights or remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of Ordinance No. 9136 or any amendments thereto, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all of the powers that existed prior to the effective date of this ordinance. -2- ;, , , N ~ !i ~~ ~~ ±' SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date of same in the minutes of the City Council of the City of Fort Worth and by filing this ordinance in the ordinance records of the City of Fort Worth. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney ..-- Date: ~'- ~ a1- ~ ~ ~ ~ c ~ ~-- ~_ ADOPTED: `.J~'J ~~~ EFFECTIVE :_~-- ,5 'd S lee -3_ i` A1h5 flit FILL=i:, -. pity ~f ~~~-t ~®rth, ~~.~oca~ c CITY MaNAGEi~ i. AC~aurii°INa•2 ~ f~,ry~ 1y/ ®~1W ~~1V11 ~ (, .®~~u./ (L~ ~./®l/ U W~ UiA/ U IV ILIl.i1lAL~~ ({i® l/ IL T13AN9t^0RTATI0N~PUBLtC.1h'0RKS+~ 0 D Ili "~ v/ WetEl? Au MI dij)~yq.TrECuiQd ~ REFERENCE SUBJECT Request of Americari~"Cab PAGE NUMBER Company for Authorization to 2 LA ~'dl 2_26-85 G-6267 Operate 100 Additional Taxicabs lof Background r By Ordinance No• 9136, the American Cab Company was granted a privilege to operate taxicab service in Fort Worth for a term of two years, expiring June 30, 1986• This grant of privilege provided authorization of the operation of a maximum of 30 taxicabs. This 30 cab figure was established as an estimate of the number of cabs the newly formed company would need, and was based on the maximum permitted to a prior taxi company, "Poor Boy Cab Co.", whose franchise expired. Because of the numerous changes in its ownership, management and oper- ations, the number of cabs operated by American Cab is now at the maximum limit of 30 and the Company in its application and letter of January 28, 1985 (attached), cites reasonable justification for the increase in the number of cabs authorized. The investigation by the Utilities Supervisor indicates that the new "American" cab operation involving driver-owners and lease-car drivers using new 1984-1985 cars has put more cabs on the street, and has improved general service levels. The other local taxi company serving in Fort Worth has been provided with copies of the "American" application-letter, and has interposed no ob3ections to the granting of additional permits. This firm, Fort Worth Cab and Baggage Co. requested, and was authorized 50 additional permits by City Council in 1981. (M&C G-4883) The staff investigation indicates further that "American's" operations are being carried on and executed as planned on the original application. Requests and calls for "American" cab are received and dispatched at the Fort Worth Cab and Baggage Company's communications center. Occasionally, there are some delays in answering calls, particularly it1 peak traffic hours and inclement weather. The costs and charges assessed by Fort Worth Cab for its dispatch service are rather substantial, when taken together with "American's" other fixed expenses, so that an adequate level of profitability has not yet been attained. The approval of the "American" request will enable it to secure financing, put more cars on the street, and make more feasible and efficient the dispatching of cabs through "American's" own dispatch center. This request is made in compliance with the City's Taxicab Ordinance, found in Chapter 34, of the Code of the City of Fort Worth, (1964), as amended, and is in the public interest. An ordinance has been prepared amending Section 1 of Ordinance No 9136 by increasing to 130 the maximum number of taxicabs which American Cab Company is authorized to operate in the City of Fort Worth. DATE REFERENCE SUBJECT Request of American Cab PAGE NUMBER Company for Authorization t0 2 `= 2 2-26-85 G=6267 Operate 100 Additional Taxicabs °f Recommendation It is recommended that the City Council adopt the attached ordinance amending Section 1 of Ordinance No. 9136 by increasing from 30 to 130 the maximum number of taxicabs authorized to be operated by the American Cab Company. RLH:lee Attachments R~P~0~~0~ ~Y h~AR v~ ~~ ~~ a ~~t~ <~ ~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING 1.7 OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adlcin S TY SECRETARY FOR ADDITIONAL INFORMA ION ~ Adoptetl Ordi~ence t~ou _ ~ ard Au coNrncr Ric ghinbaugh Ext. 679 DATE ., 1 y e ~