HomeMy WebLinkAboutOrdinance 21264-06-2014 ORDINANCE NO. 21264-06-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO IRVING HOLDINGS d/b/a YELLOW CAB FOR THE USE OF
THE STREETS, ALLEYS,AND PUBLIC TIIOROLJGIIFARES OFT E CITY IN
THE CONDUCT OF ITS TAXICAB BIJSINESS, WHICH SHAI.J., CONSIST OF
THE OPERATION OF TWO HUNDRED (200) 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 d/b/a YELLOW CAB; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Fort Worth previouslygn-anted IRVING HOLDINGS 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 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 d/b/a YELLOW CAB; and,
WHE REAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it,the City Council finds;
I That IRVING HOLDINGS d/b/a YELLOW CAB has performed satisfactorily under
the terms of its operating authority
1 That the service provided continues to meet the public necessity and convenience i.ence as
defined.by Chapter 34 of the Code of the City of Fort Worth, Texas(1986), as amended,
1 That IRVING HOLDINGS d/b/a YELLOW CAB is qualified. and financially able to
cfficiently conduct such business to render such service to the public, consisting of the
operation of TWO HUNDRED (200) TAXICABS upon the public streets, alleys and
1.1-101•OUghfares 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 ("hapter XXV, Section 2 of the Charter of the
City of Fort Worth and Section 34-205 of the City Code of Ordinances-,
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4. That IRVING HOLDINGS 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 HUMMED (200) TAXICABS by IRVING HOLDINGS
d/b/a YELLOW CAB.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
SECTION I.
That IRVING HOLDINGS d/b/a YELLOW CAB, a CORPORATION with its principal
place of business and headquarters in FORT WORTH, ARR. T' COUNTY TEXAS, hereinafter
referred to as "Company," is hereby granted operating autliority 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 runnicipal limits with TWO HUNDRED (200) 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 COLUICil.
SECTION 3.
That the Coniparty, 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 sul1ject to said Company's full, complete,
and satisfactory continuing coarpliance 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.
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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 del-end the City of Fort Worth, its officers, agents, and employees,
fir orn. 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 authorit y granted herein; and Company shall
assume all liability and responsibility for same.
SECTION 6.
That the ('.'onipany acknowledges that its drivers, property, and operations shall be and remain
sulject 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 aniount of fees to be
paid; and that upon the adoption thereof, the Company shall begin cojiducting its operations in
compliance with the provisions of such ordinances. Further, should the City later adopt an ordinance that
would change the nature oft e 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 Conipany is not in violation of any provision of Chapter 34 of the Code of the City
of Fort Worth, 'I"exas (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.
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, ipsofaclo'
terminate all authority under this grant.
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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.
SECTION 12.
That the terms and provisions of this ordinance are severable and shall be governed by Section 1-
5 of Chapter 1 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
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I
authorized by Section 52.013 of the Texas Local Govermi-mit (,.,ode,- Chapter XXV of the Charter of the
City of Fort Worth; and section 34-205 of the City Code of Ordinances,
SECTION 17®
That this ordinance shall take effect upon acloption; acceptance of the grant and payment of the
fee by IRVING HOLDINGS d/b/a YELLOW CAB and publ icatim as required by law.
APPROVED AS TO FORM AND LEGALITY:
......... ........ ......................... ------
ASSISTANT CITY ATTORNEY v C; .m SECRETARY
ADOPTED: J
E FFE C TI VE:
ACCEPTED BY:
IRVING HOLDINGS d/b/a YELLOW CAB
je
Printed M
printed
. . .................
Signatu
....................... ..............
'Title
DATE:
Ordinance No.21264-06-2014
Page Serf 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/3/2014 - Ordinance No. 21264-06-2014
DATE: Tuesday, June 03, 2014 REFERENCE NO.: **G-18223
LOG NAME: 20YELLOW
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 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 it 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 200 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 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, cornplying with all requirements of Chapter 34, Article VI of the
Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On March 19, 2013, the City Council adopted Ordinance No. 20656-03-2013 granting Irving Holdings, Inc.
d/b/a Yellow Cab (Yellow Cab), authority to operate 220 taxicabs within the City of Fort Worth. Yellow Cab
has submitted a renewal application seeking to operate 200 taxicabs within the City of Fort Worth.
The Vehicle for it Review Board (Board) met on April 30, 2014 to review Yellow Cab's renewal
application (application),. After a review of the application, a presentation by Yellow Cab and a
presentation opposing the application, the Board found that Yellow Cab has complied with the
requirements for renewal of its operating authority, The Board recommends that the City Council
authorize renewal of Yellow Cab's operating authority,.
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
Logname: 20YELLOW Page 1 of 2
attached ordinance, Yellow Cab 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 it Review Board Finding Factors are attached to this Mayor and
Council Communication (M&C) and are incorporated into this M&C for all purposes.
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be
$70,150.K
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 I7'0.150.00
CERTIFICATIONS:
Submitted for City Manager's Office by Fernando Costa (6122)
Orininatinq Devartment Head: Douglas W. Wiersig (7 01)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20YELLOW Page 2 of 2
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.
SECRE TAR Y OF S TA T '
IT IS BEREBY CERTIFEED that
Articles of Incorporation of
IRVING HOLDINGS, INC.
File No. 1580079-00
were filed in this office and a certificate of.incorporation was issued to this corporation,
and no certificate of dissolution is in'effect and the corporation is currently in existence.
IN TESTIMONY WHEREOF, I have hereunto
—� signed my name officially and caused to be.
impressed hereon the Seal of State at my office in
Austin, Texas on May 30, 2001.
Henri/ r�eTlc�a
Seep ela ref'Slate VT