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HomeMy WebLinkAboutOrdinance 7886 ORDINANCE N0. Q�� AN ORDINANCE GRANTING THE PRIVILEGE APPLIED FOR BY THE FORT WORTH'S POORBOY CAB COMPANY, INC. D/B/A POORBOY CAB COMPANY TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS TAXICAB BUSI- NESS WITH 30 TAXICABS FOR A PERIOD OF FIVE YEARS; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. R WHEREAS, the City of Fort Worth, Texas, as a modern growing, metropolitan center with a population in substantial excess of 400,000 persons has a demonstrated need for adequate taxicab service; and WHEREAS, Poorboy Cab Company has been a major sup- plier of taxicab service to Fort Worth citizens and visitors since its incorporation; and WHEREAS, Poorboy Cab Company has applied for a re- newal of its expiring privilege to furnish taxicab service on the public streets, alleys and thoroughfares of the City for a term of five (5) years commencing March 1, 1979, and WHEREAS, the City of Fort Worth has made due inquiry into the said Poorboy Cab 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 con- sideration of all the facts made available to it the City Council finds; 1. That Poorboy Cab Company has submitted its ap- plication for renewal of its privilege in due form and in technical compliance with the provisions of Section 34-3, Code of the City of Fort Worth, Texas (1964) , as amended. 2. That Poorboy Cab Company is an integral part of the Fort Worth business community with an established respectable, responsible attitude toward its business and obligations to the citizens of the community. 3. That the quality of service offered by Poorboy Cab Company has been high in the past and promises to continue as the same level. 4. That the Company has met all imposed financial responsibility requirements in the past, meets all State re- quirements presently, 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, comfortable, 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 foreseeable future. 7. That a review of the permits issued to the Company's drivers together with the lack of any adverse incident reports which have not been appropriately acted upon by the Company and the lack of any adverse incidents or publicity relating to the Company, its officers or employees warrants the conclusion that the Company and its -2- personnel are and have been conducting their taxicab business in consonance with the business mores of the community. 8. That Public convenience and necessity supports the application of the Poorboy Cab 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 30 taxicabs the Company seeks the privilege to operate 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 appli- cation by Poorboy Cab Company; and, 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 Poorboy Cab Company, a Texas Corporation, 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 thorough- fares of the City of Fort Worth, Texas, in its business of providing public taxicab service within the said City's municipal limits with 30 taxicabs for the period beginning with the adoption of this Ordinance by the City Council and acceptance thereof by the Company, and expiring February 29, 1984. -3- Section 2. That the privilege herein granted shall be and remain subject to said Company's full, complete and satisfactory continuing compliance with all Federal, State and local laws and ordinances including 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 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 re- gulation by the City as is or may be necessary to protect the interests of the general public, 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 privilege 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 -4- (180) days shall, ipso facto, terminate all authority under this grant. Section 6. That nothing herein contained shall ever be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. Section 7. 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 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 regulation of public taxicab service within the City's municipal limits and in the event of conflict be- tween the provisions of this ordinance and such Code, the provisions of the Code shall govern and prevail. Section 9. 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. Section 10. 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: / ,ILI City Att 4ney -5- FIW, NERCHERT City of Fort Worth, Texas BAILIFF Mayor and Council Communication SMITH AUGHINBAUGH DATE REFERENCE SUBJECT: Grant of Privilege to Provide PAGE NUMBER Taxicab Service -- "Fort Worth's Poor 2120/79 G-4076 Boy Cab Co. , Inc," d/b/a Poor Boy Cab iof Z_ Company The applicant, Poor Boy Cab Co. has formally requested that its Grant of Privilege to provide public taxicab service be renewed and extended for an additional five-year period. Poor Boy Cab Co. is the successor to another cab company, The United Taxicab Co. of Fort Worth, Inc. The operating rights and privileges of the United Taxicab Company of Fort Worth, Inc. , were cancelled and revoked in 1977 after a succession of public hearings and testimony, and because of inadequate service and a demonstrated lack of financial ability to respond to claims and damages (M&C G-3345, February 25, 1975) . Poor Boy Cab Co. was permitted to begin its operation for a period of one year expiring February 28, 1978, by Ordinance No. 7511. On February 21, 1978, the City Council granted Poor Boy Cab Co. a one-year continuance of its grant of privilege which will expire February 28, 1979. The company has requested a "franchise" term of five years for a maximum of thirty taxicab permits and authority to reduce its insurance requirements to the standard level contained in the Texas Department of Public Safety Financial Responsibility Law of basic limits of $10,000, $20,000, $5,000. In August, 1978, the Consumer Affairs Director was advised that the cab company and its insurance carrier were experiencing difficulties in securing the required amount of coverage ($50,000, $100,000, $25,000) , and the various companies providing this type of insurance for the taxicab industry were unwilling to write the insurance. The smaller amounts were placed into effect for the company, providing for $10,000, $20,000 bodily injury and $5.000 property damage liability coverage effective August 19, 1978, with the Southern County Mutual Insurance Company, and this policy still is in effect. Staff investigation into the operations of the Poor Boy Cab Co. indicates that all its 31 drivers are licensed; that it has met the minimum standards for insurance coverage; and has an excellent safety record in the past two years of its operation, having suffered only a few collisions. Its meters have been inspected and tested for accuracy and its cabs appear to be in a safe operating condition. The company has no pending claims at this time, no unsatisfied judgments and only a small indebtedness. The company's balance sheet and profit and loss statement for the year ending December 31, 1978, will be found as an attachment. Because of the relatively short term (one-year) of both of the Company's previously approved Grants of Privilege, the Company has found it very difficult to secure the necessary financing to enlarge its fleet from the present number of twelve taxicabs to the previously authorized number of thirty taxicabs. It is believed that with approval of the five-year term as requested, the Company will be able to put additional vehicles into service in Fort Worth and will be able to improve its call-answering response times. The number of complaints registered with the Consumer Affairs Division concerning Poor Boy Cab Co. , Inc. , over the past two years has been negligible. r DATE REFERENCE SUBJECT: Grant of Privilege to Provide PAGE NUMBER Taxicab Service -- "Fort Worth's Poor 2 of 2 2 20 79 G-4076 Boy Cab Co. , Inc." d/b/a/ Poor Boy Cab Company Recommendation It is recommended that the City Council approve the attached ordinance which will permit Poor Boy Cab Company to operate and provide taxicab service in Fort Worth for a five-year period, through a maximum of thirty taxicabs, and that insurance requirements be limited to the standard Department of Public Safety Financial Responsibilities Law minimum coverage of $10,000, $20,000, $5,000, based on its two-year good safety record. ARP:plg Attachments SUBMITTED BY: DISPOS�IjTIO V PBSSR COUNCIL: PROCESSED BY PYOV D OTHER (DESCRIBE) k0dXE 110. / r�54e &tYSECRETAR Y DATE C171' &N "*—