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HomeMy WebLinkAboutCP 207 CIT FO Woff TEXAS e C COUNCIL PROPOSAL Date File Number Subject Amendment to City Code Provisions Concerning Taxicab 3/11/99 207 Franchises Proposed by City Man ger's Review Clyde Picht Page—L_of 3_ RECOMMENDATION It is proposed that the City Council take the following action: Direct the City Attorney to prepare an ordinance amending Sections 34-115 and 34-118 of the Fort Worth City Code to modify the current provisions which preclude competition in the franchising of taxicabs in Fort Worth; and add provisions requiring taxicab franchisees and franchise applicants to be prepared to demonstrate compliance with all regulatory requirements on demand by the City Council. BACKGROUND � a) Current text: The applicable portion of Section 34-115 of the Fort Worth City Code currently reads: "...If the City Council finds the public need and necessity and convenience of the operation of the number of taxicabs applied for, or of a lesser number, and the applicant is fit and qualified, morally and financially, to conduct the business, and that the general welfare of the citizens of the city will best be served by addition of more taxicabs, an that all other requirements of this chapter have been fully complied with by the applicant, it shall notify the applicant and all holders of franchises or grants made under this article of its finding. In the event of such a finding, the then holders of franchises or grants made under the terms of this article shall be given a period of thirty (30) days within which to add a sufficient number of taxicabs to their operating fleets to take care of the need found to exist by the City Council. If the City finds that within the thirty-day period, such taxicabs are added and so located as to fill adequately the need found to exist, then the City Council shall forthwith refuse the application and no grant shall be made to such applicant; however, if the City Council finds that the then holders of franchises or ❑ LEGALITY C I] FISCAL NOTE E CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CIT FO WO , TEXAS �� o Q° 3lO COUNCIL PROPOSAL Date File Number Subject Amendment to City Code Provisions Concerning Taxicab 3/11/99 207 Franchises Proposed by City Manager's Review Clyde Picht Page—1—of 3 grants made under the terms of this article failed to obtain the additional taxicabs needed and to so locate them as to adequately fulfill the need found to exist within the thirty-day period, then the City Council shall, by ordinance, grant to the applicant a franchise or grant of privilege authorizing him to operate the number of taxicabs within the City specified by the City Council." b. Suggested Text Amendment (Sec. 34-115) It is proposed that the above provision be amended to read as follows: "...If the City Council finds the public need and necessity and convenience require the operation of the number of taxicabs applied for, or of a lesser number, and the applicant is fit and qualified, morally and financially, to conduct the business, and that the general welfare of the citizens of the City will best be served by addition of more taxicabs, and that all other requirements of this chapter have been fully complied with by the applicant, it shall grant to the applicant a franchise or grant of privilege authorizing the applicant to operate the number of taxicabs within the City specified by the City Council." b. Purpose of Amendment The current code as written restricts any competition in the taxicab industry within the City of Fort Worth. Should the suggested amendment be adopted, market forces will enhance the opportunity for more efficient and reliable service. C. Suggested Text Amendment (Sec. 34-118) It is proposed that the above provision be amended to begin as follows: "A franchise holder shall at all times be prepared to demonstrate that he is a fit and proper person to operate taxicabs in the city of Fort Worth upon demand by the city council or by person or persons designated by it." ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CIT FO 7WO , TEXAS JILr � o 0 COUNCIL PROPOSAL Date File Number Subject Amendment to City Code Provisions Concerning Taxicab 3/11/99 207 Franchises Proposed by City Manager's Review Clyde Picht Page hof 3 C. Purpose of Amendment Will require franchise holders to demonstrate compliance with all regulatory requirements on demand by the city council. LEGALITY The City Attorney has reviewed the above proposal and there are no legal impediments to approval of this proposal. FISCAL NOTES None CITY MANAGER'S COMMENTS The City staff had previously been requested to review the current method of taxicab franchising with the Governmental Relations Committee at its April meeting. Because this is a complex matter, staff would benefit from additional time to develop a thorough briefing paper that would explain all of the ramifications of changes to our current franchising system. Staff would prefer to work this issue through the committee process and then take any committee-endorsed changes for taxicab franchising to the full City Council for action. ❑ LEGALITY l C FISCAL NOTE ' CITY MANAGER'S COMMENTS C CITY POLICIES MANUAL