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HomeMy WebLinkAboutOrdinance 11874 ORDINANCE NO. ! 12 Z�/- AN ORDINANCE REPEALING SECTIONS 34-111 THROUGH 34-126, SECTIONS 34-136 THROUGH 34-144, AND SECTIONS 34-156 THROUGH 34-160, OF ARTICLE IV "TAXICABS", OF CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, AND SUBSTITUTING IN LIEU THEREOF A NEW ARTICLE IV "TAXICABS" , CONTAINING SECTIONS 34-111 THROUGH 34-147 AND PROVIDING FOR THE REGULATION OF THE OPERATION OF TAXICABS UPON AND ALONG THE CITY STREETS; PROVIDING FOR DEFINITIONS; REQUIRING A FRANCHISE TO OPERATE TAXICABS UPON THE CITY STREETS; REQUIRING THE FILING OF AN APPLICATION AND OTHER INFORMATION WHEN APPLYING FOR A TAXICAB FRANCHISE; PROVIDING FOR INVESTIGATION OF THE APPLICATION; PRESCRIBING FACTORS TO BE CONSIDERED PRIOR TO GRANTING A FRANCHISE; PROVIDING FOR ISSUANCE OF A FRANCHISE BY ORDINANCE ADOPTED BY THE CITY COUNCIL; REQUIRING CONSENT TO TRANSFER SAID FRANCHISE; LIMITING THE OPERATIONS OF TAXICABS ONLY TO THE NUMBER OF TAXICABS SPECIFIED IN THE FRANCHISE; PROVIDING FOR THE AUTHORIZATION OF ADDITIONAL TAXICABS TO BE FURNISHED BY THE FRANCHISE HOLDER; PROVIDING FOR THE SUSPENSION AND REVOCATION OF A TAXICAB FRANCHISE; PRESCRIBING AND PROVIDING FOR ANNUAL FEES TO BE PAID BY EACH FRANCHISE HOLDER; REQUIRING AN ANNUAL REPORT TO BE FILED WITH THE PUBLIC UTILITIES SUPERVISOR; PROVIDING FOR THE SUSPENSION OF A FRANCHISE FOR FAILURE TO FILE AN ANNUAL REPORT OR TO PAY AN ANNUAL FEE; AUTHORIZING THE CITY COUNCIL TO ESTABLISH MAXIMUM RATES TO BE CHARGED FOR TAXICAB SERVICE AND REQUIRING THE POSTING OF SUCH RATES; REQUIRING INSTALLATION OF TAXIMETERS AND THE INSPECTION AND TESTING OF SAME; REQUIRING STANDARDS FOR TOLERANCES AND ACCURACY OF TAXIMETERS; REQUIRING THE PAYMENT OF FARES AND THE CARRYING OF ALL PERSONS REQUESTING SERVICE EXCEPT IN CERTAIN INSTANCES; PROHIBITING THE SOLICITING OF TAXICAB SERVICE AND CRUISING BY TAXICABS; REQUIRING A FIXED PLACE OF BUSINESS FOR EACH FRANCHISE HOLDER AND AUTHORIZING THE LOCATION OF TAXI STANDS, SUBJECT TO THE APPROVAL OF THE CHIEF OF POLICE; PROVIDING THAT EACH FRANCHISE HOLDER SHALL BE RESPONSIBLE FOR THE OPERATION OF ITS TAXICABS AND FOR ESTABLISHING A WRITTEN POLICY RELATING THERETO; PRESCRIBING THE TAXICAB DRIVER'S RESPONSIBILITIES AND DUTIES IN THE OPERATION OF A TAXICAB; REQUIRING DRESS STANDARDS FOR TAXICABS DRIVERS, AND THE ESTABLISHMENT AND ENFORCEMENT OF SAME BY THE FRANCHISE HOLDER; REQUIRING THE DISPLAY OF THE NAME OF THE FRANCHISE HOLDER ON EACH TAXICAB; REGULATING THE PLACEMENT OF COMMERCIAL ADVERTISING ON TAXICABS; REQUIRING THAT EACH TAXICAB DRIVER OBTAIN A PERMIT TO DRIVE A TAXICAB ON THE CITY STREETS; REQUIRING THE FILING OF AN APPLICATION AND OTHER INFORMATION WHEN APPLYING FOR A TAXICAB DRIVER PERMIT; REQUIRING THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR EACH PERMIT; PRESCRIBING THE QUALIFICATIONS FOR OBTAINING A TAXICAB DRIVER'S PERMIT; REQUIRING A PHYSICAL EXAMINATION OF THE APPLICANT BEFORE THE PERMIT IS ISSUED; PROVIDING FOR GROUNDS FOR DENIAL OF A PERMIT; REQUIRING NOTIFICATION BY A TAXICAB DRIVER OF CHANGE OF ADDRESS OR CHANGE OF FRANCHISE HOLDER; REQUIRING DISPLAY OF A TAXICAB DRIVER'S PERMIT; DECLARING IT AN OFFENCE TO FORGE, ALTER OR COUNTERFEIT A PERMIT OR TO DRIVE A TAXICAB WITHOUT A PERMIT; PROVIDING FOR THE REVOCATION OF A TAXICAB DRIVER'S PERMIT;aPROVIDING FOR THE APPEAL OF THE DENIAL, SUSPENSION OR REVOCATION OF SAID PERMITS; REQUIRING TAXICABS TO BE IN SAFE OPERATING CONDITION;. PRESCRIBING THE MINIMUM STANDARDS FOR SAFETY AND APPEARANCE OF TAXICABS; PROVIDING FOR THE PERIODIC INSPECTION OF TAXICABS BY THE CITY; PRESCRIBING AGE LIMITS FOR TAXICABS; PRESCRIBING CONDITIONS BY WHICH A TAXICAB DRIVER MAY BE AN INDEPENDENT CONTRACTOR TO THE FRANCHISE HOLDER; REQUIRING CITY-WIDE TAXICAB SERVICE; REGULATING THE REPRESENTATION OF AVAILABILITY OF A TAXICAB; LIMITING THE CARRYING OF PERSONS ONLY TO PAYING PASSENGERS; PROHIBITING THE USE OF SCANNERS; REGULATING THE REMOVAL AND DISPOSITION OF EQUIPMENT FROM TAXICABS; REQUIRING INSURANCE TO BE FURNISHED BY FRANCHISE HOLDERS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Sections 34-11 through 34-126, Sections 34-136 through 34-144 , and Sections 34-156 through 34-160, of Article IV "Taxicabs" , of Chapter 34 of the Code of the City of Fort Worth (1986) , as amended, be and the same are hereby repealed. SECTION 2 . That a new Article IV "Taxicabs", of Chapter 34 of the Code of the City of Fort Worth (1986) , as amended, is hereby adopted, which new Article IV shall contain Sections 34-111 through 34-147, and which shall read and be as follows: -2- ARTICLE IV. TAXICABS Sec. 34-111. Definitions. The following definitions and phrases, when used in this chapter, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning. Annual Permit: Permission granted by the City to a person to drive or operate a taxicab inside the City for a period of one year, renewable under the provisions of this chapter. Bench Test: A test of a taximeter head alone, except that the gear box (i.e. , the change gears designed to compensate for tires of different sizes) may be attached. City: The City of Fort Worth. Department: The department or division designated by the City Manager to enforce and administer this chapter. Driver: The individual who drives or operates a taxicab. Franchise, Grant of Privilege, Grant: The words or terms "franchise" , "grant of privilege" and "grant" shall be inter- changeable herein and shall mean the right to operate a taxicab service within the City as such right is given by ordinance passed by the City Council. Holder: A person, association or corporation who is granted an annual permit to operate a taxicab or is granted a franchise to operate a taxicab service under this chapter. Initial Mileage, Time Interval or Drop: The mileage or time interval corresponding to the initial money drop. Legal Resident: A citizen of the United States or a person residing in the United States in accordance with federal immigra- tion laws. Motor Vehicle: Every motor-propelled vehicle used for the transportation of persons over the public streets of the City. Operate a Taxicab: The driving of a taxicab containing a passenger on any street of the City for any monetary fare. Operator: Operator shall mean the same as the term "holder" defined herein. Operating Authority: Franchise granted under this chapter. -3- Owner: The person to whom a franchise or grant of privilege for the operation of taxicabs has been issued. Person: An individual, corporation, government or governmental subdivision, agency, trust, partnership, or two or more persons having joint or common economic interest. Road Test: A test similar to a wheel test or bench test, except the taximeter mechanism is actuated as a result of cab travel. Street: Any street, alley, lane, public place or highway within the City of Fort Worth. Taxicab: A chauffeured motor vehicle used to transport persons for hire that typically operates on irregular routes, irregular schedules and on a call-and-demand basis, but does not include: (1) A vehicle being operated pursuant to a franchise or permit issued by the City for another type of service as may be from time to time classified and defined by ordinance or otherwise; or pursuant to a franchise or permit legally issued by the Railroad Commission of the State; or pursuant to permission duly granted by proper authority of the City for a vehicle to operate over a regular route upon a set schedule; or a vehicle being operated as a chartered bus under a contract to carry twelve or more passengers. (2) Vehicles being used as ambulances. (3) Vehicles rented or leased for self-operation by the persons actually driving the same, unless such a vehicle is transporting for compensation persons other than the one who actually rented or leased the same. Taxicab Driver's License: The picture identification card issued by the City authorizing an individual to operate a taxicab in the City of Fort Worth. Taxicab Stand: A public place reserved exclusively for use by taxicabs. Taximeter: A device that mechanically/electronically computes and registers in dollars and cents for viewing by the passenger, the fare based upon the distance traveled, the time the taxicab is engaged, or any other basis for charges which are specified in the operating authority or rate ordinance pertaining to a taxicab franchise. -4- Waiting Time: All time when a taxicab is not in motion, or is not occupied by a passenger, or the time consumed while standing at the direction of the passenger or person who engaged the taxicab. Wheel Test or Meter Test: A test of the entire taximeter assembly when mounted in a vehicle, the mechanism being actuated by the mechanical revolution of the vehicle wheel while the cab remains at rest. Sec. 34-112 . Franchise Required. No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated any taxicab over any street in the City for the purpose of transporting a passenger or passengers for compensation, nor shall any person accept compensation for such transportation of passengers without first having obtained from the City, under the provisions of this chapter, a franchise or grant of privilege from the City Council authorizing such operation and acts. A vehicle which is lawfully transporting a passenger or passengers from a point outside the City to a destination within the City, or, after discharging such a passenger within the City, is returning empty by the most direct route to its regular place of business outside the City, shall not be required to have a franchise or grant of privilege under this chapter; provided, however, that no such vehicle without such grant shall solicit or accept a passenger or passengers from any point within the City for transportation to any destination whatsoever, and no such vehicle without such grant shall remain waiting for more than five minutes at any point within the City for a passenger brought in by it for the purpose of continuing the journey of such passenger or for any other purpose except to have repairs made upon it at a garage or other place where automotive repairs are customarily made. Sec. 34-113 . Application. Any person desiring a franchise or grant of privilege to operate taxicabs in the City shall file with the City Council a written application for such a grant. Such application shall be delivered in duplicate to the City Secretary, shall be verified by oath of the applicant, and shall give, among other details, the following information: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an eco- nomic interest, together with their respective addresses, as well as a certified copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and -5- the address of the place or places of business from which the applicant proposes to operate. (2) The make, type, model, capacity and condition of the taxicabs proposed to be operated, the design and color scheme of each taxicab and the lettering and marks to be used thereon. (3) The number of taxicabs for which a franchise is desired. (4) A full and complete statement of all the appli- cant's assets and liabilities. (5) A full list of any unpaid judgments of record against applicant, which list shall include the name of the owner of the judgment, amount of the judgment and the address of the owner; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name of the owner of the judgment, the amount of the judgment and the address of the owner. (6) The make and type of taximeter to be installed on each taxicab for which application of the franchise or grant of privilege is made. (7) A full list of any and all liens, mortgages and other encumbrances on the taxicabs, radios, taxi- meters and other equipment to be used in providing this service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount then due thereon, the character of such lien, mortgage or other encumbrance and the name and address of the holder of such lien, mortgage or other encumbrance. (8) A list of all convictions of the applicant for vio- lations of any and all federal, state or municipal laws; and, if the applicant be a corporation, a list of all convictions of all officers and direc- tors of the corporation and persons with an eco- nomic interest in the grant of privilege for violations of any federal, state or municipal laws. (9) Full information pertaining to the extent, quality and character of the service the applicant proposes to render. This should include, but not be limited to: two-way radio system, frequencies, dispatch staffing and procedures, vehicle maintenance, -6- driver training, safety program and procedures for handling customer complaints or lost items. (10) Facts showing the demand, need and necessity for such service. (11) A full and complete statement of the experience, if any, the applicant has had in rendering such services in the City or elsewhere; and, if the applicant is a corporation, a full and complete statement of the experience the officers and directors have had in rendering such service in the City or elsewhere. The statement must list all previous denials, revocations or forfeitures of permits, franchises or other operating authority for such services, the dates, locations and reasons. (12) Any such other and additional information as may be required by the City Council in its discretion. A non-refundable application fee of $1, 000.00 must accompany the application. Upon request by the City, applicant shall furnish to the City additional copies of its application as City may require for the review and consideration of same. The application must request a minimum number of twenty-five (25) operational cabs before it will be accepted for review and consideration. Sec. 34-114 . Investigation of Application; Factors to be Considered Prior to Issuance. After receiving any application for a grant as provided in Section 34-113 , the City Council shall make or cause to be made by its agents or employees, or by persons designated by it, such investigation as it may consider necessary, which investigation may include any hearing or hearings that the persons authorized by the City Council to make such investigation may deem necessary, and the City Council shall determine whether or not the public necessity and convenience require the operation of such taxicabs and whether or not the applicant is fit and proper and qualified and able to efficiently conduct such business and render such service to the public. In determining whether or not the grant should be made, the City Council shall consider, among other things, the following items: (1) Probable permanency and quality of the service offered by the applicant, the experience he has had in rendering such service in the City or similar service elsewhere, and the past record and experience of the applicant in adjusting claims and paying judgments, if any, to claimants. -7- (2) The financial ability of the applicant to provide the service described, and to respond to claims or judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a taxicab service. (3) The character and condition of the taxicabs to be used. (4) If the applicant is a corporation, .the fitness of the officers, directors and persons with an eco- nomic interest making such application, and each of the above enumerated items as applied to each of the stockholders, officers and directors. (5) The character and past record of the applicant; and, if the applicant be a corporation, of its officers, directors and stockholders. (6) Such information as presented during any public hearing which may bear on the public need and necessity, including the impacts the proposed ser- vice may have upon existing transportation ser- vices. Sec. 34-115. Action by Council; Issuance of Franchise to be by Ordinance. The evidence in any investigation, inquiry or hearing may be taken by the City Council as a whole or by any Councilperson, committee, agent, employee, or representative authorized, requested or designated by the City Council to conduct and carry out such investigation, inquiry or hearing; and every finding or opinion made by such person or persons authorized or instructed to conduct such investigation, inquiry or hearing shall be the finding or opinion of the City Council itself when presented to the City Council in open meeting and adopted, approved or confirmed by the City Council. If the City Council finds that the public necessity and convenience do not require the operation of any additional taxicabs or taxicab companies or that the applicant is not fit to conduct such business for any reason, or that the interest of the general public in the City will best be served by the refusal of such application, then it shall forthwith refuse such application and no grant shall be made to such applicant. 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 notify the applicant and all holders of franchises or grants made under this Article of -8- its findings. 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 Council 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 franchise or 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. Sec. 34-116. Consent Required for Transfer. No franchise or grant of privilege made under the terms of this Article shall be transferable without the formal consent and approval of the City Council after proper application made thereto. Such application shall be accompanied with a non-refundable application fee of $1, 000. 00. Upon receipt of such application and fee, the City Council may make or order to be made such investigation as it deems necessary to satisfy itself that the proposed transferee is a fit and proper person to conduct such business, that the transferee is financially able to conduct such business and to pay any claims for damages which might be asserted against him by virtue of the operation of such taxicabs, and the operation of such business by the transferee will be beneficial to the general public in the City. Sec. 34-117 . Limited to Specified Number of Cabs; Additional Cabs Provided by Franchise Holder. The holder of any franchise or grant made under the terms of this chapter shall be authorized to operate in the City only the number of taxicabs specified in such grant; however, if the holder of said franchise or grant believes that the public necessity and convenience require the operation of additional taxicabs at any time, then, after formal application to the City Council, the City may authorize such holder to add a specified number of taxicabs to his fleet. Before passing upon such application, the City Council may, if it deems it desirable, make or cause to be made by its agents, employees or designated representatives such investigation as it deems necessary, which investigation may include any hearing or hearings which the City Council, its agents, employees or desig- nated representatives may deem necessary, to ascertain whether or not the public necessity and convenience require the addition of more taxicabs. If the City Council finds that the public necessity and convenience require the addition of more taxicabs, then it -9- shall authorize the applicant to add to his fleet a designated number of taxicabs. After such authorization, the person so authorized may operate the number of taxicabs specified in the franchise or grant of privilege originally granted to it, plus the number of taxicabs it is authorized to add to its fleet as set out above. Sec. 34-118. Suspension or Revocation. If for any reason the City Council deems that the general welfare of the citizens requires such action, or that the best interest of the City will be served thereby, the City Council may, by formal action, and without any notice to the holder thereof, suspend for any period up to but not exceeding thirty (30) days any franchise or grant made under the terms of this Article. In the event of such a suspension, then from and after the time of such suspension, and for the duration of such suspension, the grant or franchise shall be of no force and effect and the holder thereof shall not be authorized to operate taxicabs in the City. For good cause, the City Council may, by formal action, lessen or terminate any such period of suspension. If the holder of any franchise or grant shall show by his actions that he is not a f it and proper person to operate taxicabs in the City, or if the financial position of such holder shall reach such a condition that the City Council does not deem the holder able to pay in full reasonable claims for damages which might be legally established and confirmed, or if for good and sufficient reason the general welfare of the citizens will best be served by such action, the City Council may, after a hearing as set out below, revoke, repeal and cancel any franchise or grant made to such holder under the terms of this Article. In the event of such revocation, repeal and cancellation, such grant shall be thereafter completely null and void and of no further force and effect. However, the hearing specified above shall not be held until notice has been given to the holder of the grant in question of the hearing by registered mail addressed to the holder at the address shown on the records of the City and a period of at least five (5) days has elapsed since the mailing of such notice. Further, such notice shall specify the time and place of the hearing and shall list the reasons why the general welfare of the City requires the revocation and cancellation of such grant. The holder of the grant in question shall be allowed to be present at the hearing, which shall be public, and shall be allowed to be represented by counsel, if the holder deems the same advisable. He shall have full opportunity to disprove any and all charges and allegations set out against him or his operations in the notice. The hearing may be conducted by the City Council or by any agent, employee or representative designated by it. If conducted by an agent, employee or representative, then, upon approval and adoption of the City Council of findings of fact made by the person conducting such hearing, the findings of fact so approved and adopted shall be and become the findings of the City Council. If the findings of fact made after such a hearing show -10- that the operator is not a fit and proper person to conduct such business, or is unable to pay in full reasonable claims for damages which might be asserted, or that for any reason the general welfare of the citizens or the best interests of the City will be served by such action, then the City Council shall revoke, repeal and cancel the franchise or grant of privilege. Sec. 34-119. Fee; When Fee Payable. (a) As compensation or rental or license fee for the privi- lege of operating upon and using the public streets, alleys and thoroughfares of the City in conducting and carrying on the business of transporting passengers for compensation on and over such streets and thoroughfares in taxicabs, each holder of a franchise or grant made under the terms of this chapter shall pay to the City at the Office of Public Utilities, on or before January 1 of each calendar year during which the grant or franchise is in effect, an annual "street rental" fee equal to One Hundred Twenty Dollars ($120. 00) for each cab which the franchise holder is authorized to operate under his franchise or grant of privilege. In the event the franchise or grant of privilege begins or ends on a date other than January 1, then the annual payment to the City shall be prorated on the basis of Thirty Dollars ($30. 00) per cab per quarter of a year during which the franchise or grant of privilege is in effect. (b) The fees provided for in this section shall be in lieu of all other fees to be paid by taxicab operators under or imposed by any other ordinance now in force, but shall not be construed to be in lieu of any validly assessed ad valorem taxes. Sec. 34-120. Annual Report and Additional Information Required. Each holder of a franchise or grant of privilege shall file with the Supervisor of Public Utilities an annual report showing the average taxicabs operated daily during the previous calendar year. Additional information may be requested by the Supervisor of Public Utilities. This request may include, but is not limited to, information relating to written complaints received by the holder, average calls per day dispatched and available taxicabs not operated, number of damage or injury claims filed against the holder, number of claims settled by the holder, and number of lawsuits pending against the holder arising out of his taxicab operations under the franchise. Sec. 34-121. Suspension of Franchise for Failure to Make Report or to Pay Fees. Annual fees are due on or before the first day of January of each year. Annual reports are due on or before the 31st day of -11- January of each year. Upon failure of the Supervisor of Public Utilities to receive a report or fees when due , the Supervisor shall notify the franchise holder by certified letter. If the report and fees have not been received within five working days of this action, the Supervisor of Public Utilities shall report this fact to the City Council, and the City Council may by ordinance suspend the franchise or grant, and such suspension shall continue and be in full force and effect until it shall be reported to the City Council by the Public Utilities Supervisor at a regular meeting that such omission or default has been corrected and the City Council adopts an ordinance to that effect. Prior to consideration by the City Council of the ordinance removing the suspension, the franchise holder shall pay to the City a non- refundable reinstatement fee of $300. 00. Sec. 34-122. Rates; Posting. (a) The maximum price to be charged by all taxicab operators in the City shall be established by the City Council from time to time, and such fares shall be calculated in accordance therewith. However, a holder may authorize a driver to make a flat rate charge for a trip to a destination, provided that such flat rate is either agreed to in writing with the passenger or responsible paying party or the flat rate is established prior to trip commencement and the rate is not in excess of the legal meter rate. (b) There shall be no additional charge made for ordinary luggage or ordinary bags or ordinary parcels being carried by such passenger or passengers. It shall be unlawful for any driver of a taxicab to demand or receive a fee or charge for taxicab service in excess of the rates established by the City Council from time to time. However, nothing in this section shall be construed as requiring a taxicab to carry trunks, very large packages, very large parcels or articles or objects likely to injure or damage the taxicab, it being the intent of this section that there be no additional charge made for any ordinary parcels or baggage. (c) Each taxicab operated on the streets shall have affixed thereto at a location in plain view of any passenger therein a placard setting out the maximum legal rates for taxicab service, as provided in the schedule of rates established by the City Council from time to time, and such legal rates shall be so shown as to be readily visible to and legible by any occupant of such taxicab. Sec. 34-123 . Taximeters Required. It shall be unlawful for any franchise holder, owner, operator or driver of any taxicab to operate or allow or cause to be operated or driven any taxicab on the streets of the City unless the same is equipped with a taximeter approved by the City and calibrated for the computation of fares at rates approved by the City. It shall be the duty of every franchise holder, owner, -12- operator or driver using any taximeter to keep the same accurate at all times, and the failure to do so shall constitute a violation of this article. Sec. 34-124 . Inspections and Tests. All taximeters shall be subject to inspection and testing at any time by the City. It shall be a violation of this article for any person to delay, interfere with or refuse to permit such inspection. Any taximeter found not to conform to the standards and tolerances provided for in this chapter shall not be approved by the City and shall be ordered out of service. The franchise holder shall make or cause to be made, at least once every twelve (12) months, inspections or tests of the taximeters to insure their compliance with this chapter. A record of each test of a taximeter shall be kept by the franchise holder and shall be available for inspection by the City. Once a taximeter is inspected and approved, it shall be sealed. Should a taximeter seal be removed for repair or for other reasons, said taximeter must be reinspected and sealed prior to the taxicab being placed back in service. Sec. 34-125. Standards for Tolerances and Accuracy. The standards for tolerances and accuracy and all other standards to be applied to taximeters shall be the same as the standards applied thereto by the State under its applicable statutes or regulations, all of which are hereby adopted and declared to be the only legal standards of tolerances or accuracy to be applied to the taximeters within the City. Sec. 34-126. Payment of Fare; Refusal to Carry Passengers; Excess Fare Prohibited; Nonpayment of Fare. (a) Every driver of a taxicab shall have the right to demand the payment of the regular fare before picking up a passenger and may refuse employment unless so paid; otherwise, no driver of a taxicab shall refuse or neglect to convey any person or persons upon request to any place within the City unless: (1) The person is disorderly; (2) The driver is engaged in answering a previous request for service; (3) Another driver has answered the dispatched call and is en route; (4) The driver has reason to believe that the person is engaged in unlawful conduct; or (5) The driver is in fear of his personal safety. -13- (b) While operating a taxicab, a driver shall respond to service requested through a radio dispatch when the location for pick-up is within a reasonable distance from the location of the taxicab. (c) It shall be unlawful for any driver to request payment in advance of a fare in excess of the fare prescribed in this chapter. (d) If demanded by any passenger, the driver of a taxicab shall deliver to the person paying the fare at the time of such payment a receipt therefor in legible type or writing, either mechanically printed or by a specially prepared receipt, containing the taxicab company name, taxicab number, driver name, any items for which a charge is made, the total amount paid and the date of payment. (e) Further, a driver shall carry a passenger to his desti- nation by the most direct route available, unless otherwise directed by the passenger. (f) It shall be unlawful for any passenger to refuse to pay the legal fare of any taxicab after having hired the same, and it shall be unlawful for any person to hire a taxicab with the intent to defraud the operator of the taxicab of the fare for such service. Failure to pay the legal fare shall be presumptive of intent to defraud. Sec. 34-127. Soliciting and Cruising Prohibited. It shall be unlawful for any taxicab driver to solicit by word, payment to a third party, signal, sign or otherwise patronage for such taxicab upon any public street of the City. Taxicab drivers must remain in the driver seat or adjacent to the cab at curbside at any taxicab stand, public street or public building; unless previously engaged for package delivery, or when locating or assisting a passenger who has engaged the driver through radio dispatch or on a prearrangement. Taxicabs located at taxicab stands shall line up first come, first out; however the passenger may choose a taxicab which is not the first taxicab in line and that cab may proceed forward and load. Cruising is prohibited. The word "cruising" shall mean any movement of unoccupied taxicabs over the streets of the City, except that in the following instances the movement of such unoccupied taxicabs shall not be construed to be within the meaning of cruising: (1) Unoccupied taxicabs proceeding to answer a request for taxicab service by a prospective passenger; or -14- (2) Unoccupied taxicabs returning by the most direct route to the location where the taxicab is cus- tomarily kept, a taxicab stand, the taxicab company or a place to receive maintenance, repairs or fuel. However, upon completion of a call, or upon returning by the most direct route to one of the exceptions listed, the driver, if hailed by a prospective passenger, shall stop and pick up such a passenger. Sec. 34-128. Fixed Place of Business Required; Location Approval; Taxicab Stands. Every holder of a franchise or grant of privilege made under the terms of this Article shall maintain a place of business within the city limits at a location to be approved by the Chief of Police. The Chief of Police shall approve the proposed location unless in his opinion the installation of a taxi business at such location would create a traffic hazard, or unless the general welfare of the citizens of the City would be best served by not having a taxi business located at such a place; provided, however, that no taxi business locations shall be located at any place in the City if other ordinances of the City prohibit the location of such business at such place. In addition to his principal fixed place of business, the operator of a taxicab business may have taxi stands or call boxes at various locations in the City; provided, that such locations be first approved by the Chief of Police, and provided that such a use of such proposed locations is not in violation of any ordinance of the City. Vehicles operated under the terms of this chapter shall be known as "public service vehicles" , and permits may be issued to the grantee allowing any such vehicles, while awaiting employment, to stand at certain designated places upon the streets of the City. Additional locations may be granted upon proper application being filed, and the issuance of such permit or permits shall remain in the absolute discretion of the Chief of Police, who shall determine the public interest in the establishment of such stand, or stands, as petitioned for, as well as the number of vehicles which shall be authorized to occupy the same at any one time, together with such other reasonable regulations thereof as he may determine proper, which regulation shall require the operator of each such vehicle to remain in his vehicle in the proper driver's position or adjacent to the cab at curbside while occupying such stand. No such stand shall ever be used so as to interfere with proper ingress and egress to abutting property. Once engaged by a passenger, the driver may provide assistance to the passenger as may be required. The stands hereby authorized are subject to the control of the Chief of Police and subject to change at his will. Each of such stands shall be marked and properly designated under the supervision of the Chief of Police or the Traffic Engineer and, insofar as is practicable, shall be located so as to permit the use -15- of presently established loading or unloading zones by public service vehicles as described herein. Temporary taxicab stands may be established by the Chief of Police or Traffic Engineer for special events and functions where street access may be limited and the good of the public is best served by such temporary placement of stands. Sec. 34-129. Franchise Holder Responsible for Operation of Taxicabs and Policies Relating Thereto. (a) A franchise holder shall establish a written policy and take action to discourage, prevent and correct violations of this chapter by drivers of taxicabs operating under the holder's franchise. (b) A holder shall not allow a driver to operate a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter, the rules and regulations established by the City Council or other applicable law. (c) In the operation of a taxicab service, a holder shall comply with the terms and conditions of the holder's operating authority, and shall comply with this chapter and other laws appli- cable to the operation of a taxicab service. Sec. 34-130. Driver's Responsibilities and Duties in Operation of A Taxicab. While on duty, a driver shall comply with this chapter, the regulations established under this chapter, other laws applicable to the operation of a motor vehicle in this state, and the policies and procedures issued by the holder in connection with the holder's discharging of his duties under its operating authority and this chapter. In addition, a driver shall: (1) Conduct himself in a reasonable, prudent and courteous manner; (2) Maintain a sanitary and well-groomed appearance; (3) Not respond to a radio dispatch call assigned to another driver; (4) Not consume alcoholic beverages, drugs or other substances which could affect his or her ability to safely drive a motor vehicle; and (5) Not possess a radio equipped to receive the frequency of a taxicab company other than the company for whom he is driving, and not respond to a call for service dispatched by another company. -16- Sec. 34-131. Dress Standards for Drivers. Each holder of a franchise shall establish and enforce company dress standards for its drivers. These standards must include the following: (a) A driver shall not wear: (1) cut-offs or shorts; beach or shower thongs; (2) apparel with offensive or suggestive language; (3) tank tops or halter tops; (4) outer apparel made of fishnet or undergarment material. (b) Shoes must be worn at all times in the manner for which they were designed. Socks or hosiery must be worn with shoes or sandals. (c) A driver and the driver's clothing must conform to basic standards for hygiene and be neat, clean and sanitary at all times. Sec. 34-132 . Display of Name of Franchise Holder; Advertising. Every taxicab operated in the City shall bear on the outside of the rear door, or front door, in letters not less than two and one-half (2k) inches in height and not less than five-sixteenths (5/16) inch stroke, the name of the franchise holder for whom the taxicab is driven, or the registered assumed name of the taxicab service of such holder, together with the telephone number of the service and the number of the taxicab. Sec. 34-133 . Commercial Advertising on Taxicab. Commercial advertising or commercial advertising devices may be placed on, upon or in any taxicab operated in the City, provided they are securely fastened to the vehicle, do not interfere with driver or passenger safety, and do not obscure lights, logos, telephone numbers, cab numbers or top lights. Sec. 34-134 . Taxicab Drivers Permit Required; Application and Information; Qualifications; Issuance; Fee; Term. It shall be unlawful for any person to drive a taxicab in the City without having first obtained a taxicab driver's permit from the Chief of Police. (a) A written application for such a permit shall be filed, and shall be upon a form obtained from the Chief of Police con- taining, among other matters, the following information: -17- (1) showing of the experience of the applicant in driv- ing motor vehicles, including public vehicles; (2) whether or not the applicant has ever been con- victed of a violation of any federal, state or municipal law and, if so, the particulars of each violation of which the applicant has been convict- ed; (3) applicant's name, street address, age, sex, tele- phone number and place of residence for the three (3) years immediately preceding the date of the application; (4) the taxicab operator for whom the driver proposes to drive; (5) and such other additional information as the Chief of Police may prescribe on the form. (b) The application shall be accompanied by at least two (2) photographs of the applicant taken within the last preceding three (3) months; a certification by at least three reputable persons who are personally acquainted with the applicant showing the applicant to be a person of good moral character; and a signed recommendation from the franchise holder. (c) The Chief of Police shall make such additional investigation of the applicant as he deems necessary to ascertain whether or not he is a fit and proper person to drive a taxicab in the City. If the Chief of Police is satisfied that the applicant is a fit and proper person to drive a taxicab in the City, then, upon the payment of a permit fee in the amount of twenty-five dollars ($25. 00) , the Chief of Police shall cause to be issued to such applicant a permit to drive taxicabs in the City until the next ensuing January first. On the next ensuing January first, the applicant must obtain a new permit after filling out a new application therefor and paying a fee of Twenty-five Dollars ($25.00) for the same. (d) To qualify for a taxicab driver's permit, a person must: (1) be at least nineteen (19) years of age; (2) be a legal resident of the United States; (3) hold a valid operator's license issued by the State of Texas; (4) be able to communicate in the English language; -18- (5) not be afflicted with a physical or mental disease or disability that is likely to prevent the person from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (6) not have been convicted of more than three (3) moving traffic violations arising out of separate transactions, or involved in more than two (2) automobile accidents in which it could be reasonably determined that the appli- cant was at fault, within any 12-month period during the preceding 36 months; (7) not be under indictment or have been convicted for any felony or any crime involving theft, prostitution, promotion of prostitution, public lewdness, a sexual offense, or a drug-related offense, unless five (5) years have elapsed since the date of termination of any sentence, parole or probation; (8) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated within the preceding 24 months, or more than one time within the preceding 7 years; (9) not have criminal charges pending for the offense of driving while intoxicated; (10) not be addicted to the use of alcohol or narcotics; (11) not be subject to any outstanding warrants of arrest; and (12) be recommended by the franchise holder for whom the person proposes to drive a taxicab. (e) Before the applicant is licensed, he or she shall submit to a physical examination at the applicant's expense by a reputable licensed physician who is an active member in good standing with the County Medical Society or the County Osteopathic Society. The applicant shall furnish to the Chief of Police a statement from the physician which certifies that the physician has recently examined the applicant and that, in the physician's professional opinion, the applicant is qualified under Subparagraphs (d) (5) and (d) (10) of this section. Sec. 34-135. Grounds for Denial; Expiration; Change of Address; Telephone Number; and Employment. The Chief of Police shall deny the application for a taxicab driver permit if the Chief of Police determines that the applicant: (1) is not qualified under Section 34-134; -19- (2) is not physically or mentally able to safely operate a motor vehicle; (3) fails or refuses to furnish the photographs or personal character statements required in Section 34-134; (4) knowingly makes a false statement of a material fact in the application for a taxicab driver's permit; or (5) refuses to submit to or does not pass the medical exami- nation required by Section 34-134 or fails to furnish the statement required therein. If the Chief of Police determines that a permit should be denied, the Chief of Police shall notify the applicant in writing that his application is denied, the reason for denial, and that the applicant has the right of appeal. The action of the Chief of Police is final unless a timely appeal is made. Any person issued a taxicab driver's permit shall maintain a current address and telephone number on file with the Chief of Police. The holder of a permit shall notify the Chief of Police of any changes in his address or telephone number within five (5) days of the change. If a holder of a taxicab driver's permit should change franchise holders for whom he is driving so that he will be driving for a different franchise holder within the City, he shall notify the Chief of Police within five (5) days of the change. Sec. 34-136. Display; Falsification; Driving Without a Permit. The taxicab driver's permit shall be prominently displayed at all times either within a clear badge attached to the driver's shirt or jacket or displayed on the dash in full view of persons in the back seat of the taxicab being driven by the permittee. Should the driver display his permit on his person, a color picture with the permittee's name and identification number, no less than 3" x 311 , must be displayed on the dash in full view of passengers. Such permit shall have attached to it a picture of the permittee, his name, age, permit number and such other information as may be deemed necessary by the Chief of Police. The franchise holder's name and the taxicab number shall also be attached to the taxicab in a conspicuous manner where it can be seen easily by the passenger or passengers. A person commits an offense if he: (1) forges, alters or counterfeits a taxicab driver's permit, badge, sticker or emblem required by this Article; -20- (2) possesses a forged, altered or counterfeited taxicab driver's permit, badge, sticker or emblem required by this Article; or (3) operates or allows the operation of a taxicab without an approved taxicab driver's permit. Sec 34-137 . Revocation. (a) . The Chief of Police, upon notice and hearing, may revoke the permit of any taxicab driver on any of the following grounds: (1) The permit holder is not qualified under Section 34-135; (2) The permit holder has violated or failed to comply with any other provision or requirement of this Article; (3) The permit holder has made a false statement or repre- sentation of a material fact on the permit application submitted to the Chief of Police. (b) If the Chief of Police revokes a permit, he shall send to the permit holder written notice of his action, the reason for the revocation, and that the applicant has the right of appeal. The decision of the Chief of Police is final unless a timely appeal is made. (c) After receipt of notice of revocation, the permit holder shall immediately discontinue driving a taxicab for hire within the city and shall surrender his taxicab driver's permit to the Chief of Police. Sec. 34-138. Appeal from Denial, Suspension, or Revocation. (a) A person may appeal a denial, suspension or revocation of a taxicab driver's permit if he or she requests an appeal, in writing, delivered to the City Manager not more than ten (10) days after notice of the action of the Chief of Police is received by the applicant. (b) The City Manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence shall not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. Continued sponsorship by the franchise holder is necessary for consideration of an appeal. -21- (c) The hearing officer may affirm, modify or reverse all or part of the action of the Chief of Police being appealed. The decision of the hearing officer is final and uncontestable. Sec. 34-139 . Inspection of Taxicabs. No taxicab shall be driven or operated upon the streets of the City unless the same is in safe operating condition, is free of mechanical defects, has a valid state inspection sticker and is equipped as required by state law and this Article. Every taxicab may be inspected periodically by the City at such intervals as may be established by the City Manager. Taxicab operators and owners shall insure that each taxicab operating under a franchise issued by the City, complies with the franchise requirements and all of the following minimum standards: (1) Each taxicab shall conform to all state minimum safety standards; (2) Each taxicab shall be free of dust, dirt or rubbish and be otherwise clean and sanitary; (3) No part of the body of such taxicab shall be missing, bent, dented out of shape or otherwise damaged; (4) The exterior and interior paint shall not be unreasonably rusted, flaked or scraped; (5) The coverings of the floors, seats, back and arm rests and headliner shall be repaired of all rips, tears and places where wear through the covering material has occurred; (6) Each taxicab shall be painted, lettered, numbered and otherwise equipped in conformance with the franchise holder's approved design; (7) Each taxicab shall be equipped with a minimum one (1) quart fire extinguisher mounted in the driver area, a spare tire, jack and lug wrench, a two-way radio capable of transmitting and receiving vocal communications between such taxicab and the dispatching office of the franchise holder, a certified taximeter, a toplight indicating "meter on" and "meter off", and rate cards/signage as prescribed in this Article; and (8) Each taxicab must have a fully operational heating and air conditioning system that adequately insures passenger comfort. -22- If the operation of any taxicab is found not to comply with the requirements of this section, the City Manager, designated City official or any police officer may direct that vehicle to be taken out of service until there is installation of the required safety- related items, or be given a specific time for the non-safety items to be corrected and presented for reinspection. Taxicab operators, owners and franchise holders shall conduct periodic inspections of taxicabs, but not less than monthly, to insure compliance of all minimum requirements. Sec. 34-140. Age Limits of Taxicabs. Effective January 1, 1996, no taxicab may be over five (5) years old as calculated from the first day of January of the model year of the vehicle. No vehicle more than four (4) years old, as calculated above, may be added to the fleet. Sec. 34-141. Driver as Employee; Independent Contractor. A franchise holder may employ drivers, or may contract with a driver on an independent contractor basis, but only if the franchise holder: (1) agrees to and shall indemnify the City and hold the City harmless for claims or causes of action against the City arising from the conduct of the driver in the operation of a taxicab; (2) provides that the driver is insured under the franchise holder's fleet liability insurance policy; and (3) imposes a condition that the driver must comply with this chapter, with the understanding that failure to comply shall be a material breach of this franchise and grant. Sec. 34-142 . City-wide Taxicab Service Required. Each and every franchise holder and taxicab driver permit holder is required to provide city-wide taxicab service. The franchise holder's taxicab fleet, radio system and other resources must be sufficient to provide effective service levels to all areas of the City on a regular basis. Except as otherwise provided in this Article, a franchise holder and taxicab driver permit holder shall: (1) provide taxicab service to the general public to and from any point inside the City that is accessible by public street. (This does not require a taxicab to be subject to mob violence or destruction. ) ; -23- (2) answer each call received for service inside the City as soon as practicable, and, if the service cannot be rendered within a reasonable time, the holder, his agent or employee, shall inform the caller of the reason for the delay and the approximate time required to answer the call; (3) maintain a terminal that is operational twenty-four (24) hours each day and registered with the City for the purpose of receiving calls and dispatching taxicabs. All franchise holders and taxicab drivers shall accept calls from all parts of the City within a reasonable time and attempt to locate and transport the passenger requesting service. Delays due to weather, vehicle breakdown, natural disasters and other occur- rences out of the control of the holder or driver shall not be considered failure to provide city-wide service. This section shall not require the holder or driver to place himself in viola- tion of other sections of this Article. Sec. 34-143 . Representation of Availability of A Taxicab. A driver may not represent that his taxicab is engaged when in fact vacant, or vacant when in fact engaged. Sec. 34-144. Passenger Limitations. While operating a taxicab, a driver may carry only a person who is a paying passenger unless the passenger is an employee of the franchise holder for whom the driver is driving. Sec. 34-145. Use of Scanners Prohibited. No person shall use, or permit to be used, a scanner or other electronic device to monitor radio transmissions of any franchise holder other than the one the taxicab is being operated under. Sec. 34-146. Removal of Equipment. Whenever a vehicle is removed from service or is no longer authorized to operate as a taxicab, the holder, owner or driver shall remove from the vehicle all taxicab signs, markings and equipment that would distinguish the vehicle as a taxicab, including but not limited to radios, toplights, meters and decals. A holder, owner or driver of a taxicab shall not sell or transfer to anyone any radio, toplight, meter or other equipment that would distinguish a vehicle as a taxicab. Meters, radios, toplights and distinguishing markings must be and must remain the property of the franchise holder, and must be -24- returned to the franchise holder when a taxicab is removed from service. Sec. 34-147. Insurance. As a condition to the issuance of a franchise and the contin- ued operation thereunder, a franchise holder shall maintain in force during the authorized period of its operating authority the amount and character of insurance coverage for taxicabs as estab- lished by the City Council from time to time. The operating authority will not be granted, renewed or continued unless the applicant or holder furnishes the City with proof of such insurance as considered necessary to determine whether the applicant or holder is adequately insured under this section. The minimum insurance required under this section must: (1) be carried with an insurance company authorized to do business in this state; (2) limit the deductible to no greater than $1, 000 per occurrence; (3) not be an aggregate policy with a maximum limit of coverage (otherwise called a "claims made policy") ; (4) cover any and all vehicles and drivers in the holder's fleet, and all drivers of such vehicles; (5) be acceptable to the City's Risk Management Department; (6) name the City of Fort Worth as an additional insured; and (7) provide minimum coverage in an amount no less than $500, 000 Combined Single Limit Liability (CSL) per occurrence. All taxicab liability insurance coverage must include a rider which provides that at all levels of coverage, there must be notification to the City in writing not less than 30 days before canceling or making a material change in the policy. The City Council, in its discretion, may from time to time require insurance coverage of a different kind or a greater amount, and upon such City Council action, the franchise holder shall be required to modify its insurance coverage to comply with these requirements, and shall furnish to the Public Utilities Supervisor a certificate of insurance as evidence that it has acquired such type and amounts of insurance. -25- SECTION 3 . This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986) , 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 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 unconstitutional by the valid judgment of a 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. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Sections 34-111 through 34-126, Sections 34-136 through 34-144, and Sections 34-156 through 34-160, of Article IV "Taxicabs" , of Chapter 34 of the Code of the City of Fort Worth (1986) , as amended, or any other ordinances affecting the operation of taxicabs upon the public streets of the City which have accrued at -26- the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and penalty of clause of this ordinance at least twice in the official newspaper of the City prior to its taking effect, in accordance with Tex. Loc. Gov't. Code Ann. Sec. 52 .013 and Chapter XXV, Sec. 2 of the City Charter. SECTION 8. This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. -27- t APPROVED AS TO FORM AND LEGALITY: / J�� &MIJ 0 ity Attorney V. Date:— 3 t 21- 6- i ADOPTED: 3. 4 EFFECTIVE: 3- 0-55 -28- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 03/21/95 1 **G11010 I 12TAX1 1 1 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING ARTICLE IV "TAXICABS", OF CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance which amends in its entirety Article IV "Taxicabs," of Chapter 34 of the Code of the City of Fort Worth. DISCUSSION: During the last two-years, the Public Utilities Supervisor and the City Attorney's Office have had numerous meetings with representatives of the City's two franchised taxicab companies (Yellow Cab Company and American Cab Company) concerning revisions necessary to that portion of the City Code regulating taxicab operations in the City of Fort Worth. Following extensive negotiations, the proposed revisions originally were presented to the City Council's Inter and Intra Governmental Relations Committee in August of 1994. Thereafter, the matter was referred to the City Council's Expanding Economic Opportunities Committee, whereupon discussions among the Committee, the City staff and the two franchised taxicab companies resulted in further revisions to the proposed ordinance, and finally closure on all the outstanding issues. The attached ordinance, which has received the Committee's approval, contains the following major changes to the City's taxicab regulations: 1) At the request of the City's two franchised operators, limitations as to the age of taxicabs operating in the City have been included. Specifically, these age limitations provide that no taxicab shall operate in the City if it is over five(5) years old as calculated from the first day of January of its model year; and no vehicle more than four (4) years old may be added to the company's fleet. (Section 34-139) 2) The annual street rental fee paid by a taxicab company authorized to operate in the City shall be calculated on the basis of $120 per authorized taxicab per year. This is a substantial increase in street rental fee from the current fee which is calculated and paid quarterly at a rate of $2.50 per cab per month times the highest number of taxis reported to be in service at anytime during the preceding three months. (Section 34-1 19) 3) The right to appeal the denial, suspension or revocation of a taxicab driver's permit has been deleted. Previously, the denial, suspension or revocation of a driver's permit by the Chief of Police could be appealed to the Public Utilities Supervisor by the applicant or the driver. (Sections 34-135 and 34-137) 4) The new regulations will institute a non-refundable application fee of $1 ,000.00 for any company applying to receive authority to operate in Fort Worth. Presently, there is no application fee to offset the City's administrative costs to investigate the need for additional cabs or the qualifications of the applicant. (Section 34-1 13) . Printed on recycled paper City of Fort Worth, Texas Mayor and CoundlCommunication DATE REFERENCE NUMBER LOG NAME PAGE 03/21/95 **G11010 12TAXI 2 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING ARTICLE IV "TAXICABS", OF CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH 5) The new regulations also will require that an existing franchise holder requesting to transfer or assign its franchise to another entity must pay the City a non-refundable application fee of $1,000.00. This fee is designed to offset the City's administrative costs of investigating the qualifications of the proposed operator, the same as if it were an original applicant. (Section 34-116) 6) In the event an operator's franchise is suspended because of non-compliance with the City's taxicab regulations, the franchise holder must pay a non-refundable reinstatement fee of $300.00 prior to removal of the suspension by the City Council. (Section 34-121) 7) The applicant for a taxicab driver's permit will be required to pay a $25.00 permit fee upon s the granting of the application by the Chief of Police. Annual permit renewal fees also will + be $25.00. Presently, these fees are $15.00. (Section 34-134) 8) Compliance with detailed minimum standards will be required relating to the condition and operation of taxis authorized to operate in the City. Presently, the standards required are very general and lack any direction. (Section 34-138) 9) The proposed ordinance prescribes minimum requirements of liability insurance as a condition of the grant of authority to operate in the City. The present regulations contain no such requirements, but provide only that the operator must provide the City with evidence of its financial ability to respond to potential claims or judgments for damages or injuries resulting from the company's taxicab operations. (Section 34-146) The proposed ordinance also contains minor revisions, including the rearrangement of the sections of Chapter 34, designed to make the Chapter easier to read and to apply. The City staff, having negotiated and drafted the proposed revisions, recommends that they be approved by the City Council upon adoption of the attached ordinance. CB:w Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 9500 APPROVED '� Originating Department Head: (gyms Wade Adkins 7623 (from) For Additional Information , kg f Contact: ciitt e ®barY of the William Woods 7607 city rt Qvorth,Yews -0)Printed on recycled paper Adopted Ordinance No. -