HomeMy WebLinkAboutOrdinance 9136/ ~4~ i, n
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ORDINANCE NO. /~~p
AN ORDINANCE 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 UP TO 30 TAXICABS FOR A PERIOD OF TWO (2)
YEARS; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT;
AND PROVIDING FOR AN 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
Community who have an expressed preference for service by a minority
owned and operated taxicab service; and
WHEREAS, the grant of privilege of the minority owned taxicab
service previoiusly approved by City Council action expired on
February 29, 1984; and
WHEREAS, a ninety-day extension beyond the normal expiration
date expired on May 29, 1984; and
WHEREAS, there presently exists no minority taxicab service in
Fort Worth; and
WHEREAS, the previously franchised minority-owned and operated
taxicab service has neglected, failed and refused to maintain a
reasonable and adequate level of financial responsibility to the
citizens its serves, contrary to their general welfare and the best
interests of all citizens of the City; and
WHEREAS, the minority-owned AMERICAN CAB COMPANY has filed a
proper application to furnish taxicab service on the public streets,
alleys and thoroughfares 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
AMERICAN CAB COMPANY, and, after a thorough consideration of all the
facts made available to it, the City Council finds that:
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1. American Cab Company has submitted its application for a
grant of privilege in due form and in substantial technical compli-
ance 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 to
claims for damages or judgments resulting from the operation of the
applicant's taxicabs is to be assured by adequate liability insur-
ance coverage of and as a condition to their operations.
4. The maximum taxi rate structures applicant proposes to
charge for services is in accordance with the rates established by
City Ordinance No. 8986 in December 1983, as set forth in
Section 34-12, Code of the City of Fort Worth, which rates probably
will support the rendition of adequate and dependable service.
5. The character, type and safe condition of the taxicabs
proposed to be used appears to be satisfactory; the proposed cars
will be a mix of new cars and one to two year old late-model autos.
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 and in an exemplary manner.
7. The public convenience and necessity support granting the
application of American Cab Company to provide public taxicab ser-
vice 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
American Cab Company; and that
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9. All prerequisities 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:
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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 taxi-
cab service within the said City's municipal limits with 30 taxicabs
for the period commencing with the acceptance of the terms of this
ordinance by the Company on or after July 1, 1984, and expiring two
years later, on June 30, 1986.
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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 including
but not limited to the Charter 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.
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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 operations shall
be and remain subject to such reasonable regulation by the City as
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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.
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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 public liability insurance pertaining to its services
and operations hereunder. Insurance is to be provided by a respon-
Bible company licensed in the State of Texas and satisfactory to the
City. Certificates of current coverage shall be maintained on file
with the City Public Utilities Office throughout the term of this
Grant of Privilege. Coverage shall be in the minimum amounts of
$50,000.00 bodily injury each person; $100,000.00 bodily injury
each accident; and $25,000.00 property damage. The minimum amounts
specified may be revised upward at the City's option, upon suffi-
cient notice to the Company.
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That nothing herein contained shall ever be held or construed
to confer upon the Company exclusive rights or privileges of any
nature whatsoever.
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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.
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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 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.
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That, within ten days after the adoption of this ordinance,
grantee herein shall file with the City Secretary written acceptance
of the terms and provisions hereof.
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That this ordinance shall be in f ull force and effect from the
date of its adoption and acceptance as hereinabove provided.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
Adopted by City Counci 1 a~O -~7'
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CITY MANAGER 1 n~r/~°~J ~p ~J ~ n ~1
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PUBLIC l
LAW 1
GATE
REFERENCE - °r~- v
SUBJECT fOr a Certificate Of Convenience
PAGE
ILITIES•1 NUMBER and Necessity t0 Operate Taxicab 1
6-26-84 G-(;035 Service in Fort Worth '°f
Background - - -
On February 24, 1984, American Cab Company filed an application (Attachment A)
with the City Council to provide taxi service in Fort Worth, and the application
subsequently was referred to the Department of Law, for investigation.
American Cab Company ("American") was chartered as a Texas corporation on
February 13, 1984. Its four officers and directors 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 predeces-
sor, United Taxicab Company of Fort Worth, Inc. Ike Dubose has been a taxi
driver-owner (Fort Worth 'Cab) and is a personnel consultant. His son, Dwight D.
Dubose, has conducted a driver-owner taxi operation in Houston for ten years and
will relocate to Fort Worth. The application requests no specific term of years,
but asks for 30 taxicab permits.
American plans to start the taxi operations with ten full-size sedans, ranging
in age from;. 1977 to 1984, and to order ten new 1985 Mercury Marquis sedans.
Fleet colors will be white, with blue stripes and stars, and all cabs will be
-_ equ:p„~ed w,yth Argo electronic meters and two-channel radios.
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A-rr~angetuer%ts,~have been made between American and Fort Worth Cab & Baggage
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C~p~ny
'(:"~~ort Worth Cab") for Fort Worth Cab to provide the following services
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to
Amercant:`'
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1) Leasing land and buildings at 1020 Stayton Street for American's oper-
ations and fleet maintenance headquarters,
2) Furnishing radio taxi-dispatching service,
Staff has reviewed the proposed operation and is of the opinion that public
taxicab service will be improved and enhanced by American's entry into the
market. An ordinance has been prepared, authorizing theo
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ation of thirty
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taxicabs for an initial term of two years, and generally p~~E~o~~adequate
protection of the public. (-1TV >r+oi fAif-1~
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Recommendation
JUN 26
964
1
It is recommended that the City Council:
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1) Conduct a public hearing on the request of Amman Cab Cam;--~+
City Seoie:ary of the
2) Approve the attached ordinance authorizin~'tY 2sF~~~ai'~h~ of the
American Cab Company with certificate-of-Convenience and Necessity for
thirty taxicab permits for an initial term of two years.
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Attachments
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED BY
fIFFICE BY ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Wade Adk1nS CITY SECRETARY
FOR ADDITIONAL INFORMATION Adopted Ordnance No. ~„~~~
corlrACT Richard Aughinbaugh Ext 679 DATE