HomeMy WebLinkAboutOrdinance 20656-03-2013 ORDINANCE NO. 20656-03-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO IRVING HOLDINGS, INC., D/B/A YELLOW CAB FOR
THE USE OF THE STREETS, ALLEYS, AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
TAXICAB BUSINESS, WHICH SHALL CONSIST OF THE OPERATION
OF TWO HUNDRED TWENTY (220) TAXICABS FOR A ONE (1) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING THE
TERMS AND CONDITIONS OF THE GRANT; PROVIDING A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY;
PROVIDING FOR WRITTEN ACCEPTANCE BY IRVING HOLDINGS,
INC., D/B/A YELLOW CAB; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth previously granted IRVING HOLDINGS, INC.,
D/B/A YELLOW CAB the authority to operate a taxicab service on the public streets, alleys,
and thoroughfares of the City; and,
WHEREAS, IRVING HOLDINGS, INC., D/B/A YELLOW CAB has applied for
renewal of its operating authority to furnish taxicab service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, the City of Fort Worth, pursuant to Sections 34-204 and 34-221 of the Code
of the City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of IRVING HOLDINGS, INC., D/B/A YELLOW CAB; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it, the City Council finds:
1. That IRVING HOLDINGS, INC., D/B/A YELLOW CAB has performed
satisfactorily under the terms of its operating authority;
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
2. That the service provided continues to meet the public necessity and convenience
as defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended;
3. That IRVING HOLDINGS, INC., D/B/A YELLOW CAB is qualified and
financially able to efficiently conduct such business to render such service to the
public, consisting of the operation of TWO HUNDRED TWENTY (220)
TAXICABS upon the public streets, alleys and thoroughfares of the City of Fort
Worth for a one (1) year period beginning on the effective date, which shall be
upon acceptance by the grantee and completion of the publication requirement as
determined by Chapter XXV, Section 2 of the Charter of the City of Fort Worth
and Section 34-205 of the City Code of Ordinances;
4. That IRVING HOLDINGS, INC., D/B/A YELLOW CAB continues to comply
with the requirements of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended, and any violations thereof will result in the imposition of
penalties as provided by Section 34-228 of the City Code of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the
continued operation of TWO HUNDRED TWENTY (220) TAXICABS by
IRVING HOLDINGS, INC., D/B/A YELLOW CAB.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
SECTION 1.
That IRVING HOLDINGS, INC., D/B/A YELLOW CAB, a CORPORATION with
its principal local place of business and its headquarters in FORT WORTH, TARRANT
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
COUNTY, TEXAS, hereinafter referred to as "Company," is hereby granted operating authority
to use the present and future streets, alleys and public thoroughfares of the City of Fort Worth,
Texas, in its business of providing public taxicab service within the said City's municipal limits
with TWO HUNDRED TWENTY (220) TAXICABS for a one year period beginning on the
effective date.
SECTION 2.
That the findings and recitations contained in the preamble hereof are expressly
incorporated into and made a part of this ordinance as the findings of the City Council.
SECTION 3.
That the Company, as holder of the grant, and the Company's operations hereunder, shall
be governed at all times by the provisions of state and federal laws and regulations and Chapter
34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 4.
That the authority 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 (1986), as amended, and such
other ordinances as may be adopted from time to time by the City Council governing and
regulating the operation of taxicabs in the City of Fort Worth.
SECTION 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or
responsibility in making this grant, and that by acceptance of this ordinance and grant, Company
hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
and employees, from and against any and all claims or suits, expense or liability, for any and all
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, arising out of or in connection with any acts or omissions by
Company, its officers, agents, employees, drivers, licensees, invitees and passengers, in the
exercise of the authority granted herein; and Company shall assume all liability and
responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property, and operations shall be and
remain subject at all times to such reasonable regulation by the City as is or may be necessary to
protect the interests of the general public. As such, the Company understands and acknowledges
that during the term of this ordinance and grant, the City of Fort Worth may adopt such
ordinances that further regulate the operation of the Company's service within the City of Fort
Worth, including the amount of fees to be paid; and that upon the adoption thereof, the Company
shall begin conducting its operations in compliance with the provisions of such ordinances.
Further, should the City later adopt an ordinance that would change the nature of the rights
granted under this ordinance, the City reserves the right to cancel or otherwise modify any and
all rights granted under this ordinance and issue a new grant of operating authority, as long as
Company is not in violation of any provision of Chapter 34 of the Code of the City of Fort
Worth, Texas (1986), as amended. In the event the terms and conditions of this ordinance are in
conflict with the provisions of any such ordinance adopted by the City, the provisions of such
later-adopted ordinance shall supersede the terms and conditions of this ordinance to the extent
they are in conflict.
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter
34 of the Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising
the privileges granted herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against it finally
established by law, and the failure to do so for a period of one hundred eighty (180) days shall,
ipso facto, terminate all authority under this grant.
SECTION 9.
'That pursuant to Chapter 34 of the Code of the City of Fort Worth, 'Texas, (1986), as
amended, the Company shall not sell, convey, or transfer this grant of operating authority to any
other person, firm, or corporation Without the prior formal consent and approval of the City
Council of the City of Fort Worth, nor shall the Company sell, transfer, assign, or otherwise
encumber its taxicab operation without the consent of the Fort Worth City Council.
SECTION 10.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
SECTION 11.
'That any suspension or revocation of the privileges granted herein may be accomplished
under the applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas
(1986), as amended.
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
SECTION 12.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter I of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 13.
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 (1986), as amended, with respect to
the regulation and operation of public taxicab service within the City's municipal limits, and, in
the event of conflict between the provisions of this ordinance and such Code, the provisions of
the City Code shall govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate
offense. Any violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and file with
the City Secretary written acceptance of the terms and provisions hereof. Such acceptance of
and agreement to the provisions of this ordinance and grant shall be evidenced by the signature
of the Company's authorized representative on the final page of this ordinance.
SECTION 16.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and penalty of this ordinance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Section 52.013 of the Texas Local Government Code; Chapter
XXV of the Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by IRVING HOLDINGS, INC., D/B/A YELLOW CAB and publication as required
by law.
APPROVED AS TO FORM AND LEGALITY:
S r,
ASSISTANT CITY ATTORNEY
ADOPTED: March 19, 2013
EFFECTIVE:
ACCEPTED BY:
IRVING HOLDINGS, INC.,, DIB/A
YELLOW CAB
DATE:
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Operating Authority Ordinance(Renewal) Ordinance No.20656-03-2013
Vehicle for Hire Review Board's Finding Factors For Renewal Applications
Under Sections 34-204 and 34-221, in determining whether or not to recommend the
renewal of the granting of operating authority, the Vehicle for Hire Review Board, upon such
inquiry and investigation and after thorough consideration of all the facts made available to it,
finds:
1. That the holder has performed satisfactorily under the terms of its operating
authority;
2. That the service provided continues to meet the public necessity and convenience
as defined by Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended; and
3. That the holder continues to comply with the requirements of Chapter 34 of the
Code of the City of Fort Worth, Texas (1986), as amended.
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 3/19/2013 - Ordinance No. 20656-03-2013
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DATE: Tuesday, March 19, 2013 REFERENCE NO.: `*G-17833
LOG NAME: 20YELLOW CAB
SUBJECT:
Approve Findings of the Vehicle for Hire Review Board Regarding Renewal Application of Irving Holdings
Inc. d/b/a Yellow Cab, to Operate Two Hundred and Twenty Taxicabs Within the City of Fort Worth and
Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Vehicle for Hire Review Board:
a. Irving Holdings, Inc. d/b/a Yellow Cab, has performed satisfactorily under the terms of its operating
authority;
b. The service provided continues to meet the public necessity and convenience as defined by Chapter
34 of the City Code;
c. Irving Holdings, Inc. d/b/a Yellow Cab, is qualified to conduct its business and continues to comply
with the requirements of Chapter 34 of the City Code; and
d. The general welfare of the citizens of the City will best be served by the addition of 220 taxicabs
upon City streets, alleys and thoroughfares.
2. Adopt the attached ordinance granting Irving Holdings, Inc. d/b/a Yellow Cab, authority to operate two
hundred and twenty taxicabs on city streets, alleys and thoroughfares for a one year period subject to and
conditioned on Irving Holdings, Inc. d/b/a Yellow Cab, complying with all requirements of Chapter 34,
Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On January 29, 2012, the Fort Worth City Council adopted Ordinance No. 20056 granting Irving Holdings,
Inc. d/b/a Yellow Cab (Company), authority to operate 220 taxicabs within the City of Fort Worth.
Company has submitted a renewal application seeking to operate 220 taxicabs within the City of Fort
Worth.
In accordance with Section 34-204, the Board's findings and recommendations are now being forwarded
to the City Council. If the City Council adopts the findings, approves the application and adopts the
attached ordinance, this Company will be granted operating authority for a one-year period commencing
on the effective date, which shall be upon acceptance by the grantee and completion of the publication
requirement in accordance with Chapter XXV, Section 2 of the City Charter and Section 34-205 of the
Code of Ordinances. The Vehicle for Hire Review Board Finding Factors are attached to this Mayor and
Council Communication (M&C) and are incorporated into this M&C for all purposes.
Logname: 20YELLOW CAB Pagel of 2
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be
$77,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $77,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20YELLOW CAB Page 2 of 2