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HomeMy WebLinkAboutOrdinance 7510 ORDINANCE NO. 7 5I O AN ORDINANCE REVOKING THE OPERATING PRIVILEGE OF UNITED CAB COMPANY OF FORT WORTH, INC. AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon inquiry conducted under and in compliance with the provisions of Section 34-8, City Code of the City of Fort Worth, it has been determined that: 1. United Cab Company of Fort Worth, Inc. was extended its Grant of Privilege by the City Council in M&C G-584, on December 23, 1963, which permitted 9 small taxicab companies to pool their total 106 taxicab permits together to establish the "United" company. "United" at one time, had a maximum of around 80 taxicabs operating, but this number had Teen reduced by mid- 1976, to only 41 operational cabs. United has been operating without meeting its financial repsonsibilities for a period dating back to 1968, at which time litigation with respect to its non-payment of personal property taxes to the City of Fort Worth and Fort Worth Independent School District commenced. 2. "United" has not met its corporate responsibility to either the State of Texas or the City of Fort Worth for extended periods of time during the recent past. As a result of an unsatisfied judgment arising out of a motor vehicle accident, the Department of Public Safety suspended United's lawful operations beginning in 1975 by physically removing license plates from 15 of its vehicles and requiring that it file an SR-22 Financial Responsi- bility Form with the State. The Department of Public Safety has imposed a requirement upon United to maintain an SR-22, Financial Responsibility Form, on file with respect to each vehicle operated by United until 1979. 3. "United" has belatedly demonstrated some degree of willingness to comply with the State's Responsibility Law and the regulations and orders issued pursuant thereto by obtaining the necessary in- surance to enable filing the required SR-22 forms with respect to 15 vehicles. The initial filing of these forms was made after hearings in this matter had begun. The evidence further indicates that the suspension was finally lifted by the State on January 4, 1977, which was after the third day of public hearings in this matter. 4. Although at the outset of the hearings in this matter, "United" was delinquent in its payment of its fiscal 1976 "Street Rental" payment ($1,000.00 due annually) , and had paid nothing on its fiscal 1977 "Street Rental" payment (payments due commencing October, 1976) , United has now paid its delinquent fiscal 1976 "Street Rental" payment and has begun payments on its fiscal 1977 "Street Rental" payment on a monthly basis. ("United", through its President, during the course of the hearings represented to the Examiner it would pay its fiscal 1977 "Street Rental" by January 25. Since that representation was made the company has apparently elected to pay this amount monthly based upon 1% of its gross revenues, as authorized under the Code. It has paid $514.47 for the months of October, November and December, 1976) 5. "United" through its President has requested a 60 day period of forbearance (until March 10, 1977) and stated that all tax delinquencies will be paid within that period. 6. As of July, 1976, "United" had a total of 41 taxicab units whose installed meters had been checked and approved as to meter accuracy by the City's Weights and Measures Section of the Consumer Affairs Office. 7. At the time of the hearings held in this matter after January 1, 1977, out of the 41 vehicles whose meters had been checked in July, 1976, 9 were no longer in service. "United" was operating the remaining 32 taxicabs. 8. Under the most liberal view of the evidence adduced "United" has demonstrated a financial responsibility with respect to the operation of only 15 taxicabs, those being the 15 taxicabs it has insured and there remains a question concerning one of those 15, i.e. whether it is, in fact, insured. 9. "United's" insurance coverage, as verified by the Department of Public Safety SR-22 Enforcement Officer is in the minimum amount of $10,000, $20,000, and $5,000 for the 15 cars insured. 10. During the time of the hearings and as late as January 26, 1977, at least six of the 17 cars identified as being uninsured have been observed in operation on the City streets. 11. As of December 31, 1976, the City's records reflected "United" owed the City street rental payments, personal property taxes, taxes on real estate and paving assessments totaling $14,039.37. 12. Since "United's" President, Mr. Roosevelt Bennett, testified on January 10, 1977, that within 60 days (March 10, 1977) "United" will have paid off all its indebtedness to the City of Fort Worth, the City's Tax Department indicates "United" has made some tax payments. 13. "United's" past abuses of its Grant of Privilege does not favor a renewal, extension or continuation of such privilege; and WHEREAS, the findings made upon inquiry demonstrate United Cab Company of Fort Worth, Inc. is unable to pay in full, reasonable claims for damages which might be asserted against it; and WHEREAS, under Section 34-8 of the Code of the City of Fort Worth, -2- the City Council may revoke, repeal and cancel a grant of privilege when the general welfare of the citizens and the best interests of the City will be served thereby; and WHEREAS,it appears that the general welfare of the citizens and the best interests of the City will be served by a revocation of the Grant of Privilege heretofore held by United Cab Company of Fort Worth, Inc. ; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the privilege heretofore held by the United Cab Company of Fort Worth, Inc. of operating a taxicab business in the City of Fort Worth is REVOKED, REPEALED and CANCELLED as of midnight March 10, 1977. SECTION 2. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPRQVED AS TO LEGALITY: City Attorney ADOPTED: Y Y I &Y W -7, 9-7-7 EFFECTIVE: M 7 197-) -3-