HomeMy WebLinkAboutOrdinance 16726-12-2005ORDINANCE NO. ~~ 702 (o - I ~-o~~s
AN ORDINANCE AMENDING CITY ORDINANCE NO. 14233 TO EXTEND THE
GRANT OF PRIVILEGE TO DARYA, INC., DOING BUSINESS AS EXECUTIVE
TAXI, TO OPERATE UPON THE PUBLIC STREETS, ALLEYS AND
THOROUGHFARES OF THE CITY; PROVIDING THAT THE FINDINGS AND
RECITATIONS CONTAINED IN THE PREAMBLE ARE THE FINDINGS OF
THE CITY COUNCIL; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS
ORDINANCE BY DARYA, INC., MAKING THIS ORDINANCE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 20, 2000, the Fort Worth City Council granted Darya Inc., doing
business as Executive Taxi, the privilege 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 City's municipal limits with one hundred (100) taxicabs for the period beginning June 20,
2000, and expiring December 31, 2005; and
WHEREAS, on January 17, 2002, Ordinance No. 14233 was amended to reduce the
number of taxicabs Darya Inc., doing business as Executive Taxi, is authorized to operate in
Fort Worth from one hundred (100) to thirty (30) because of the decreased demand of taxicab
service and a slowdown in the economy; and
WHEREAS, on November 4, 2005, Darya Inc., doing business as Executive Taxi,
submitted a renewal application to extend its privilege 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 City's municipal limits to December 31, 2011; and
WHEREAS, the City Council finds that the public necessity and convenience require the
operation of thirty (30) taxicabs upon the streets, alleys and public thoroughfares; and
WHEREAS, the City Council desires to amend City Ordinance No. 14233 to extend the
privilege of Darya Inc., doing business as Executive Taxi, to use the present and future streets,
alleys and .public thoroughfares of the City of Fort Worth, Texas until December 31, 2011.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Ordinance No. 14233 of the City of Fort Worth, Texas, is hereby amended to
extend the privilege of Darya Inc., doing business as Executive Taxi, to use the present and
future streets, alleys and public thoroughfares of the City of Fort Worth, Texas until December
31, 2011.
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 after adoption of this ordinance, Darya Inc., doing business as Executive Taxi, shall
file with the City Secretary written acceptance of the terms and provisions hereof. Such
acceptance of and agreement to the provisions of this ordinance shall be evidenced by the
signature of the authorized representative of Darya Inc., doing business as Executive Taxi, on
the final page of this ordinance.
SECTION 4.
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 5.
That this ordinance shall be in full force and effect from the date of the written
acceptance referred to in Section 3 hereof.
APPROVED AS TO FORM AND LEGALITY:
~~
ASSIST NT CITY ATTORNEY
DATE: I
c ~
ADOPTED: ,~QLeyrIE~2r 13~a~LS~
EFFECTIVE: ~fG~
By:
ACCEPTED BY:
DARYA Ilya., p~ /A EXE , TIVE TAXI
President
Date: / /~ _ a?C~d (.~
2
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the findings. and opinions of the City staff as presented herein;
2. Find that the public necessity and convenience require the operation of 30 taxicabs upon the city streets,
alleys and thoroughfares; and
3. Adopt the attached ordinance granting privilege to Darya, Inc., d/b/a Executive Taxi (Corporation), for a
period of five years beginning January 1, 2006 and ending December 31, 2011 and authorizing the
operation of 30 taxicabs upon city streets, such ordinance being subject to and conditioned upon Darya,
Inc., d/b/a Executive Taxi complying with all requirements of Article VI, Chapter 34, of the Code of the City
of Fort Worth (1986), as amended.
DISCUSSION:
On June 20, 2000, (M&C G-12945) the City Council authorized a grant of privilege to Darya, Inc., d/b/a
Executive Taxi to operate 100 taxicabs upon the streets, alleys and thoroughfares of Fort Worth. On
February 12, 2002, (M&C G-13525) the City Council approved an amendment to decrease the number of
taxicabs Darya, inc. dJbla Executive Taxi (Corporation) is authorized to operate from 100 to 30. On
November 4, 2005, Darya, Inc., d/b/a Executive Taxi (Corporation) submitted a renewal application to
continue operating within the City of Fort Worth. The current grant of privilege expires December 31, 2005.
In considering the Company's application, the City Council, pursuant to Section 34-204 of the City Code,
must determine whether or not the public necessity and convenience require the operation of such vehicles
for hire and whether or not the applicant is qualified and financially able to efficiently conduct such business
and to render such service to the public. In determining whether or not the grant should be made, the City
Council shall consider, among other things, the following items:
1. Probable permanency and quality of the service offered by the applicant, the applicant's experience in
rendering such service in the city or similar service elsewhere and the applicant's past record and
experience in adjusting claims and paying judgments, if any, to claimants..
2. The applicant's financial ability to provide the described service and to respond to claims or judgments
arising by reason of business operations, injury to persons or damage to property resulting from operation
of a taxicab service.
3.The character and condition of the taxicabs to be used.
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4. If the applicant is a corporation, the qualification of the officers, directors and persons with economic
interest making such application and each of the above-enumerated items as applied to each of the
stockholders, officers and directors.
5. The applicant's character and past record; and if the applicant be a corporation, of its officers, directors
and stockholders.
6. Such other information as presented during any public hearings that may bear on the public need and
necessity.
In making its findings, the City Council may also consider as evidence the findings or opinions of the City
staff authorized to investigate the subject application. In this regard, the following are the findings and
opinions of the City staff derived from the review of the Company's application and from the staffs
independent investigation.
a) The Company is qualified and financially able to conduct a taxicab service within the City;
b) The Company has complied with the requirements of Chapter 34 of the City Code;
c) The Company presented facts in support of the compelling demand and necessity for 30 taxicabs ;and
d) The general welfare of the citizens of the city will best be served by the addition of 30 taxicabs upon city
streets, alleys and thoroughfares.
The potential revenue from the collection of applicable fees, as authorized in Chapter 34, is estimated at
$9,000.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of fees
due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0134010 9 000.00
Submitted for City Manager's Office b~ Richard Zavala (6222)
Originating Department Head: Elsa O. Paniagua (6711)
Additional Information Contact: Elsa O. Paniagua (6711)
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 12/21 /2005