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HomeMy WebLinkAboutOrdinance 9531 ORDINANCE N0. ~~ AN ORDINANCE GRANTING THE PRIVILEGE APPLIED FOR BY THE FORT WORTH CAB AND BAGGAGE COMPANY TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS TAXICAB BUSINESS WITH 250 TAXICABS FOR A PERIOD OF TEN YEARS; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDI- NANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY GRANTEE; 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; and WHEREAS, Fort Worth Cab and Baggage Company has been a major supplier of taxicab service to Fort Worth citizens and visitors since its incorporation in 1953; and WHEREAS, Fort Worth Cab and Baggage Company has applied for a renewal of its expiring privilege, as granted by Ordinance No. 7265, in 1974, to furnish taxicab service on the public streets, alleys and thoroughfares of the City for a term of 10 years commencing January 1, 1986; and WHEREAS, the City of Fort Worth has made due inquiry into the said Fort Worth Cab and Baggage 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 Fort Worth Cab and Baggage Company has submitted its application for renewal of its privilege in due form and in techni- cal compliance with the provisions of Section 34-3, Code of the City of Fort Worth, Texas (1964), as amended. 2. That Fort Worth Cab and Baggage Company is an integral part of the Fort Worth business community with an established respect- able, responsible attitude toward its business and obligations to the citizens of the community. 3. That the quality of service offered by Fort Worth Cab and Baggage Company has been high in the past and promises to continue at the same level. 4. That the Company has met all imposed financial responsibil- ity requirements in the past, meets al.l 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 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 Fort Worth Cab and Baggage Company to continue to pro- vide public taxicab service to the citizens and visitors of and to the City of Fort Worth with up to 250 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 Fort Worth Cab and Baggage Company; and -2- 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 Fort Worth Cab and Baggage Company, a Texas corpora- tion, 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, Texas, in its business of providing public taxicab ser- vice within the said City's municipal limits with 250 taxicabs for the period beginning with the adoption of this ordinance by the City Council and acceptance thereof by the Company and expiring December 31, 1995. 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. SECTION 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 -3- ~, 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 Fort Worth Cab and Baggage Company, its officers, agents, employees, licensees and invitees, in the exercising of the privileges granted herein; and Fort Worth Cab and Baggage 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. -4- • .. s ~ . r 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 prevai 1. 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. 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: City Attorney Date: ` ~ ~~ - ~~ ADOPTED: ~ ~~`~~ EFFECTIVE: ACCEPTED BY: FORT WORTH CAB AND BAGGAGE COMPANY } P°resi ent _5_ ;t MAFifER FILE+11 -.~ :,4" Ac;auNrlN~.~" TRr~ngppltrATlOtt~PUk3LIG.l~±Q~{;J~l/ 1(r/ ~) //®~-° "'iTn A~its~C;ISTR:"71pP! .g 11 ~,weU/J~/ o Al!/ T ~it~ ®~' 1F"nrt ~~®rth, ~ex~~ OATF. REFERENCE SUBJECT n e a er o e eques PAGE 12/9../85 NUMBER f Fort Worth Cab & Baggage Co. for an 1 G-6515 xtension of its Grant-Of-Privilege to '°' _-- rovi`3e - axi ervi ce- i n Forte or - - - RECOMMENDATION That the City Council grant the request of Fort Worth Cab & Baggage Co. for an extension of its operating rights in Fort Worth for a 10 year period expiring on December 31, 1995 by approval of the attached ordinance. BACKGROUND & HISTORY Fort Worth Cab & Baggage Co., requested in its letter of October 17, 1985, the City's approval for an extension of its grant-of-privilege to use the City's streets and public ways in its taxicab business. Its present Grant of Privilege, approved in 1975, expires on December 31, 1985. The company has been privileged to serve Fort Worth with taxicab service in three successive 10 year grants-of-privilege since 1955. The Council has been previously provided with the staff's study and findings in Informal Report No. 7075 dated December 12, 1985. The proposed ordinance is similar to other taxi franchise ordinances approved in the past, except for the addition of language requiring Council's approval of any change in ownership of the company or its stock. WA 1 nn APPR~V~~ ~Y Cl~`Y ~~UN~1L QEC 17 19$5 ~~ ~~~~~~ city seas®tazy of the - City of ~ SUBMITTED FOR THE n CITY MANAGER'S ' DISPOSITION RY COUNCIL. PROCESSED BV [)FFIf,F BY _~ i%~ 4., .~ _~~__~~ ~~t..,/ t ^ APPROVED ORIGINATING ~~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD W Adkins CITY SECRETARt CONTACT rIONAI INFORMATION AUghl nbdugh 6798 Adopted Ordinance Flo. DATE