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HomeMy WebLinkAboutOrdinance 7266 ORDINANCE NO.. 72,►re AN ORDINANCE AMENDING ARTICLE I, TAXICABS, CHAPTER 34, TAXIS, BUSSES AND OTHER VEHICLES FOR HIRE, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , AS AMENDED, BY REPEALING SECTION 34-9 AND ENACTING IN LIEU THEREOF A NEW REWORDED SECTION 34-9 WHICH LIMITS THE ANNUAL STREET RENTAL FEES PAYABLE TO A MAXIMUM OF $1,000.00; BY AMENDING SECTION 34-10 TO SUBSTI- TUTE THE WORDS "COMMISSIONER OF ACCOUNTS" FOR THE WORDS "SUPERVISOR OF PUBLIC UTILITIES" WHERE THEY APPEAR THEREIN; BY REPEALING SECTION 34-11 AND ENACTING IN LIEU THEREOF A REWORDED SECTION 34-11 WHICH ELIMINATES OBSOLETE LANGUAGE AND RATES; BY REPEALING SECTION 34-12 AND ENACT- ING IN LIEU THEREOF A NEW SCHEDULE OF TAXICAB RATES INCREASING BY FIFTEEN CENTS THE MAXIMUM MILEAGE PRICE TO BE CHARGED BY ALL TAXICAB OPERATORS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES WITH RESPECT TO TAXICAB RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 34, Taxis, Busses and Other Vehicles for Hire, of the Code of the City of Fort Worth, Texas (1964) , as amended, Article I, Taxicabs, is amended as follows: A. By repealing Section 34-9 and substituting a new section designated Section 34-9, which new section shall be and read as follows: "Sec. 34-9. Same -- Fee; when fee payable. As compensation or rental or license fee for the privilege 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 com- pensation on and over such streets and thorough- fares in taxicabs, each holder of a privilege or grant made under the terms of this chapter shall pay to the City at the office of the Commissioner of Accounts an annual "Street Rental" fee of One Thousand Dollars ($1,000.00) . Such annual fee may be paid in one lump sum between the 1st and 15th of October for the ensuing fiscal year or shall, in lieu of such lump sum payment, be paid in monthly install- ments equivalent to not less than one percent (1/) of the gross revenues derived from the operations of taxicabs by such privilege or grant holder during the preceding month. If the latter method of payment is selected, monthly payments are due on or before the fifteenth day of each succeeding calendar month until the annual fee of One Thousand Dollars ($1,000.00) has been paid, whereupon the monthly payments shall abate until the next City fiscal year. The fees provided for herein shall be in lieu of all other fees to be paid by taxicab operators under or im- posed by any other ordinance now in force, but shall not be construed to be in lieu of any validly assessed ad valorem taxes. " B. By amending the wording in Section 34-10 to de- lete the words "supervisor of public utilities" and "supervisor" wherever they appear therein and substituting in lieu thereof the words "Commissioner of Accounts" and "Commissioner, " respectively. C. By repealing Section 34-11 and substituting a new section designated Section 34-11, which new section shall be and read as follows : "Sec. 34-11. Suspension of Privilege for failure to make report or to pay fee. "Upon report to the City Council of the failure of any grant or privilege holder to file with the commissioner of accounts a sworn statement showing all receipts from taxicab operations for the preceding calendar month by the tenth day of each -2- month, or upon report to the City Council of a failure of any holder of a grant or privilege to pay the prescribed street rental fee, the City Council may, by ordinance, suspend the grant or privilege made to the person thus in default, and such suspension shall continue to be in full force and effect until it shall be reported to the City Council at a regular meeting that such omission or default has been corrected." D. By repealing Section 34-12 and substituting a new section designated Section 34-12, which new section shall be and read as follows: "Sec. 34-12. Rates enumerated; posting. "The maximum price to be charged by all taxicab operators in the City, which prices are hereby declared to be fair and reasonable for such services, shall be as follows: "Ninety cents (900) for the first one- sixth (1/6) mile or fraction thereof traveled. "Ten cents ($0.10) for each additional one-sixth (1/6) mile or fraction thereof after the first one-sixth (1/6) mile traveled; "An additional twenty-five cents ($0.25) for each additional passenger beyond the original passenger carried, except that this twenty-five cents ($0.25) charge shall not be made for an additional passenger carried if such additional passenger be a minor not more than twelve (12) years of age; "Ten cents ($0.10) for each one and one- quarter (1-1/4) minutes of waiting time or traffic delay time, or each additional fraction thereof, or five dollars ($5.00) per hour; and "Five dollars ($5.00) per hour for travel- ing time on special trips or sightseeing tours. "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 services in excess of the -3- rates above specified. However, nothing herein contained 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 hereof that there be no additional charge made for any ordinary baggage or ordinary parcels. "Each and every 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 here- inabove provided, and such rates shall be so shown thereon as to be readily visible to and readable by any occupant of such taxicab." SECTION 2. That this ordinance shall be and is hereby declared to be cumulative of all provisions of the Code of the City of Fort Worth (1964) , as amended, with respect to taxicab rates, except in those instances where the provisions of this ordinance are in direct conflict with such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 3. That any driver of a taxicab who demands or receives a fee or charge for taxicab services in excess of the rates speci- fied in Section 34-12, as hereinabove amended, Article I, Chapter 34 of the Code of the City of Fort Worth, Texas (1964) , as amended, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) , and each violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such; provided, however, if the maximum penalty provided by this ordinance for any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the State, then the maximum penalty for violation as provided by State statute shall be the -4- maximum penalty under this ordinance. SECTION 4. 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 5. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: • City Attorney -5- z City of Dort Worth, Texas Mayor and Council Communication / REFERENCE SUBJECT: Ordinance Amendment for Fort PAGE L NUMBER Worth Cab and Baggage Company 11/10/75 G-2877 lot 2 The Fort Worth Cab and Baggage Company has requested an extension and renewal of its present franchise from January 1, 1976, to December 31, 1985. The Company has also requested assistance in obtaining financial relief from the effects of declining ridership and rising fuel costs. Fort Worth Cab and Baggage showed a loss of $7,960.53 for its year ending January 31, 1975, and a deficit of $25,716.35 for the 6 months period ending August 31, 1975. The Company is continuing a loss in passengers and trips which amounts to about 10.5 per cent annually. The decline in ridership has been brought about by several factors. Improved bus service, including free bus service downtown, has had some impact. Other competition has come from service operated on a contractual basis to trans- port welfare recipients by a carrier, Transportation Enterprise, which is subsidized through grant monies administered through the local Fort Worth Council of the Churches. The single most important factor affecting the financial condition of the cab company, however, is the cost of gasoline. Company records show the cost of gasoline in the period from January 1, 1974, to September 11, 1975, went from 26.1p per gallon to 46.6C per gallon or an increase of 78 per cent. The Company has requested two means to assist them in relieving their financial problems. The first request is to eliminate the street rental payment. The second request would be for permission to apply a gas surcharge on a cost pass- through basis per trip to the passengers in proportion to increased costs for gasoline each month. This is equivalent to an automatic fare increase corres- ponding to increased gasoline prices. The staff recommends disapproval of the request for a pass-through and automatic fare increases based on gasoline price increased due to the resultant loss of control over fares. Relief from the requirement that the company pay 1 per cent of their gross receipts to the City of Fort Worth would cost the City approximately $12,000 in revenue per year. Fort Worth Cab and Baggage pays approximately $9,000 per year, while another $3,000 is generated by the United Cab Company. The Fort Worth Cab and Baggage Company's present contract was entered into in March of 1965, and in Ordinance No. 5343, one of its provisions required a street rental payment of 3 per cent. This was complied with by both companies until 1972, when they began experiencing financial difficulties, at which time the City Council reduced the gross receipt payments from 3 per cent to 1 per cent. Staff has met with representatives from the Company to discuss alternatives for paying for the increased price of fuel. It was reluctantly determined that immediate relief could be obtained from an increase in fares. Longer term assistance is being considered through the use of Federal transit funds, if such can be made legally available. r DATE REFERENCE SUBJECT: Ordinance Amendment for Fort PAGE NUMBER Worth Cab and Baggage Company 2 2 11/10/75 G-2877 0+ It was determined that assistance to the Company would be to allow the Company an increase in the initial basic charge for service, adding that amount to each trip. This appears to be the most feasible means of providing rate and revenue relief while at the same time minimizing the hardship on users of taxicabs. The steps through which the taxi meters are now geared operate in 1/6th mile incremental units, and the next step would be to go either to 1/7th mile or 1/8th mile units. If the "flag drop" or initial step itself is permitted to be increased, this would require no additional major meter-part change-out, and the taxi meters and fleet would not have to be reinspected and recertified by the City. For the year ending June 30, 1975, 344,753 passenger trips were made, a decrease of 10.54 per cent from the previous year. Assuming that this trend will continue at the same rate and with an estimated 15 per cent loss of ridership due to higher fares, the annual passenger trips would be adjusted to 329,000 (a decrease of 25.5 per cent) . With an increase of 15C, the amount generated would be approximately $48,000. Out of these additional proceeds the drivers, who work on a 42 per cent commission, would receive some $20,000 and the Company would retain approximately $28,000. The current charge for taxi service is 75F for the first 1/6 mile and lOF thereafter. A 15� increase for the first 1/6 mile is proposed, with no charge in the rate for the subsequent 1/6 mile increments. In addition, a maximum annual payment of $1,000 for each taxicab company for a street rental fee would be desirable over complete elimination of the fee. If taxi business improves, examination of maximum limitation may be possible at some future time. Recommendation It is recommended that the City Council extend the Fort Worth Cab and Baggage franchise permitted by City Ordinance No. 5343 from January 1, 1976, to December 31, 1985. It is also recommended that the Council approve an increase in the basic drop fee from 75C to 90� and the establishment of a maximum payment of $1,000 for each taxicab company the street rental fee, retaining the 1 per cent street tax now levied. RNL:ms SUBMITTED BY: DISPOSITIO BY COUNCIL: PR SSED BY // APPROVED OTHER (DESCRIBE)) Li 4,2 . L! / CITY SECRETARY PZ+� DATE CITY MANAGER I1 '(�