HomeMy WebLinkAboutOrdinance 16733-12-2005ORDINANCE NO 3,3-/a--~-S~
AN ORDINANCE GRANTING TO COWBOY CAB COMPANY INC THE
PRIVILEGE TO USE THE STREETS ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS TAXICAB
BUSINESS WHICH SHALL CONSIST OF THE OPERATION OF
WENTY FIVE TAXICABS FOR A PERIOD BEGINNING ON JANUARY 1
2006 AND ENDING ON DECEMBER 31 2011 SPECIFYING THE
TERMS AND CONDITIONS OF THE GRANT PROVIDING A
SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE
OF ALL ORDINANCES PROVIDING FOR WRITTEN ACCEPTANCE BY
COWBOY CAB COMPANY INC AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS Cowboy Cab Company Inc a corporation has applied for the
privilege to furnish taxicab service on the public streets alleys and thoroughfares of the
City• and
WHEREAS the City of Fort Worth pursuant to Section 34-204 of the Code of the
City of Fort Worth (1986) as amended has made inquiry and investigation into the
application of Executive Services 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 the public necessity and convenience require the operation in the
City of Fort Worth of twenty five (25) taxicabs by Cowboy Cab Company
2 That Cowboy Cab Company is qualified and financially able to efficiently
conduct such business to render such service to the public consisting of
the operation of twenty five taxicabs upon the public streets alleys and
thoroughfares of the City of Fort Worth for the period beginning on
January 1 2006 and expiring on December 31 2011
3 That the general welfare of the citizens of Fort Worth will best be served
by the operation of twenty five taxicabs by Cowboy Cab Company and
4 That all other requirements of Chapter 34 of the Code of the City of Fort
Worth (1986) as amended have been complied with by Cowboy Cab
Company
1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That Cowboy Cab Company Inc a corporation hereinafter referred to as
`Company" is hereby granted 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 said City's municipal limits with twenty five (25) taxicabs
for the period beginning January 1 2006 and expiring 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 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 (1986) as amended
SECTION 4
That the privilege 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 (1986) as
amended and such other ordinances as maybe 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
2
grant, Company hereby agrees to indemnify hold harmless and defend the City of Fort
Worth its officers agents 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 privileges
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 which further regulate the operation of
the Company's service within the City of Fort Worth including the amount of street
rental 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 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 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 an annual street rental" fee
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 so to do for a period of one hundred eighty
(180) days shall ipso facto terminate all authority under this grant.
3
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 privilege 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 it sell transfer assign or otherwise
encumber its taxicab operation without the consent of the City Council of the City of Fort
Wortn
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
4
SECTION 14
That within ten (10) days after adoption of this ordinance Company 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 and grant shall be
evidenced by the signature of the Company's authorized representative on the final
page of this ordinance
SECTION 15.
That this ordinance shall be in full force and effect from the date of its adoption
and acceptance as hereinabove provided
APPROVED AS TO FORM AND LEGALITY
A SIS ANT CITY A ORNEY
DATE i ~t~Q~; `~Y,i;:~t1~. e~Q- c~~
ADOPTED a ,,., ,~,- ~,
EFFECTIVE
ACCEPTED BY
Cowboy Cab Company Inc
By.
Title yi ~~ /"/{tS i ~~~~"
Date J .¢~j. 3 0, :{ O D G
5
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 12/20/2005 Ordinance No 16733-12 2005
DATE Tuesday December 20 2005
LOG NAME 38COWBOY RENEW REFERENCE NO *G-15040
SUBJECT
Adopt Ordinance Granting Privilege for Cowboy Cab Company Inc to Operate 25 Taxicabs within
the City of Fort Worth
RECOMMENDATION
It is recommended that the City Council.
1 Consider and adopt the findings and opinions of the City staff as presented herein and
2. Find that the public necessity and convenience require the operation of 25 taxicabs upon the city streets,
alleys and thoroughfares, and
3 Adopt the attached ordinance granting privilege to Cowboy Cab Company Inc. (Corporation) for a period
of five years beginning January 1 2006 and ending December 31 2011 and authorizing the operation of
25 taxicabs upon city streets, such ordinance being subject to and conditioned upon Cowboy Cab
Company Inc 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-12946) the City Council granted Cowboy Cab Company lnc. the privilege to
use the present and future streets alleys and public thoroughfares of the City ofFort 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
On February 12 2002 (Mi~C G-13524) Ordinance No 14234 was amended to reduce the number of
taxicabs Cowboy Cab Company Inc is authorized to operate in Fort Worth from 100 to 25 because of the
decreased demand of taxicab service and a slowdown in the economy
On November 14 2005 Cowboy Cab Company Inc. 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
requested a fleet increase to 75 taxicabs
City staff does not recommend an increase in the number of taxicabs to operate within the City of Fort
Worth pending completion of the Ground Transportation Study commissioned by the City Council on June
28 2005 The study which will quantify the .ideal number of taxicabs and rates is scheduled to be
completed in February 2006
In considering the Company's renewal 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
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Page 2 of 2
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 past record and applicant's
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
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 and
6 Such other information as presented during any public hearing 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 renewal 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 requirements of Chapter 34 of the City Code
c) The Company presented facts in support of the compelling demand and necessity for 25 taxicabs and
d} The general welfare of the citizens of the city will best be served by the addition of 25 taxicabs upon the
city streets, alleys and thoroughfares.
The potential revenue from the collection of applicable fees as authorized in Chapter 34 is estimated at
$7 500 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/AccountlCenters
GG01 421352 0134010 7 500.00
Submitted for City Manager's Office by. Richard Zavala (Acting) (6222)
Originating Department Head. Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
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