HomeMy WebLinkAboutOrdinance 14234ORDINANCE NO
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 ONE HUNDRED (100) TAXICABS, FOR A
PERIOD BEGINNING ON JUNE 20, 2000 AND ENDING ON
DECEMBER 31, 2005, 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. 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 -114 of the Code
of Fort Worth (1986), as amended, has made inquiry and investigation into the
application of Cowboy Cab Company, Inc, 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 one hundred (100) taxicabs by Cowboy Cab
Company, Inc.,
2 That Cowboy Cab Company, Inc. is qualified and financially able to
efficiently conduct such business to render such service to the
public, consisting of the operation of one hundred taxicabs upon the
public streets, alleys and thoroughfares of the City of Fort Worth,
3 That the general welfare of the citizens of Fort Worth will best be
served by the operation of one hundred (100) taxicabs by Cowboy
Cab Company, Inc., 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, Inc.,
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
That the Cowboy Cab Company, Inc., a Texas corporation, with its principal
place of business and its headquarters in the City of Dallas, Dallas County, Texas,
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 one hundred (100) taxicabs for the period beginning
June 20, 2000, and expiring December 31, 2005
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 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, 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 and employees, from and against
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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 Section 34 -119, 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.
SECTION 9
That pursuant to Section 34 -116 of the Code of the City of Fort Worth,
Texas, (1986), as amended, the Company shall not sell, convey or transfer this
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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 Worth
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 -4 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
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 full force effect from the date of its adoption and
acceptance as hereinabove provided
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APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
Date � .�. /`r"
ADOPTED 0/ `2 0 _Q 0
EFFECTIVE 6 — 2 a —0 0
5
ACCEPTED BY
COWBOY CAB COMPANY, INC
By 2�7 a
Mostsafa Rafie
President
Date _ %r2
DATE
"agor
City of Fort Worth, Texas
and council communication = -
REFERENCE NUMBER LOG NAME PAGE
6/20/00 G -12946 I 02COWBOY I 1 of 3
SUBJECT CONSIDERATION OF APPLICATION OF COWBOY CAB COMPANY, INC TO
OPERATE 100 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 one hundred (100)
additional taxicabs upon the City streets, alleys and thoroughfares; and
3 Adopt the attached ordinance granting privilege to Cowboy Cab Company, Inc. and authorizing the
operation of one hundred (100) taxicabs upon the city streets, such ordinance being subject to and
conditioned upon Cowboy Cab Company, Inc. complying with all requirements of Article IV, Chapter
34, of the Code of the City of Fort Worth (1986), as amended
DISCUSSION
On February 18, 2000, Cowboy Cab Company, Inc. (Cowboy Cabs) submitted to the City an application
to operate a taxicab service with a fleet of 25 taxicabs within the City of Fort Worth. On May 26, 2000,
Cowboy Cabs increased the number of taxicabs in its application to 100
The City-Council, in considering - Cowboy Cab Company's application-pursuant to Section 34 -11 + o`-the
-- - -
-City Code, must determine whether or not the public necessity - -and convenience require the - operation
-� _. -of such taxicabs; 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. —
a) Probable permanency and quality of the service-offere d by the applicant; the -experience the
applicant has had in rendering such service in the City or similar service elsewhere, and the past
_- - -__ -- ...record and _experience of the _applicant in a_djustin_g- claims and paying judgments, if any, to -_
claimants; and
b) The financial ability of the applicant to provide the service described, 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, and
- - -� - --
c).-The character- and - condition of the taxicabs to be-used, and
_ d) The fitness 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, and
e) The character and past record -of the applicant's officers, directors and stockholders; and
City of Fort Worth, Texas
"avow and Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
6/20/00 G -12946 02COWBOY 2 of 3
SUBJECT CONSIDERATION OF APPLICATION OF COWBOY CAB COMPANY, INC TO
OPERATE 100 TAXICABS WITHIN THE CITY OF FORT WORTH
f) Such other information as presented during any public hearing that may bear on the public need
and necessity
Pursuant to Section 34 -114 of the City Code, if the City Council finds that the public necessity and
convenience do not require the operation of any additional taxicabs or taxicab companies or that the
applicant is not qualified to conduct such business for any reason, or that the interest of the general
public in the City will best be served by the refusal of such application, then it shall refuse the
application
If the City Council finds that the public necessity and convenience require the operation of the number
of taxicabs applied for, or a lesser number, and that the applicant is qualified and financially able to
conduct the business, and that the general welfare of the citizens of the City will best be served by the
addition of more taxicabs, and that all other requirements have been fully complied with by the
applicant, the City Council shall, by ordinance, grant to the applicant the privilege to operate the number
of taxicabs specified by the City Council, otherwise the City Council shall deny the application
In making its findings, the City Council also may consider as evidence the findings or opinions of the
City staff authorized to investigate the subject application In this connection, the following are the
findings and opinions of the City staff derived from the review of Cowboy Cab Company's application
and from the staffs independent investigation
a) Cowboy Cab Company is qualified and financially able to conduct a taxicab service within the
City; and
b) Cowboy Cab Company has complied with the requirements of Chapter 34 of the City Code with
the following exceptions, and
• Cowboy Cab Company does not have a fixed place of business within the city limits as
required by Section 34 -128, and
• Cowboy Cab Company does not have the minimum insurance coverage required by Section
34 -147, and
c) Cowboy Cab Company presented facts showing the demand, need and necessity for 100
additional taxicabs. Studies by City staff indicate that the number of taxicabs a city the size of
Fort Worth will support is in the range from 404 to 577, and
d) Yellow Checker Cab Company of D /FW currently holds a grant of privilege to operate 150
taxicabs within the City of Fort Worth, and
e) The number of taxicabs requested by Cowboy Cab Company added to the number of taxicabs
currently authorized is below the minimum number in the range of the number of taxicabs which
staff has determined that a city the size of Fort Worth can support; and
City of Fort Worth, Texas
"avow and C ounci( Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 G -12946 02COWBOY 3 of 3
SUBJECT CONSIDERATION OF APPLICATION OF COWBOY CAB COMPANY, INC TO
OPERATE 100 TAXICABS WITHIN THE CITY OF FORT WORTH
f) The general welfare of the citizens of the City will best be served by the addition of 100 taxicabs
upon City streets.
A public hearing on the application of Cowboy Cab Company, Inc. is scheduled to be held by the City
Council prior to its consideration of and action on this Mayor and Council Communication so that the
City Council may receive testimony and other evidence from all parties interested in this matter
FISCAL INFORMATION /CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB:I
Submitted for City Manager's
Office by:
Charles Boswell 8511
FUND
ACCOUNT CENTER AMOUNT
gITY SECRETARY
(to)
d
M'ROVED
CITY COUNCIL
JUN 20 2000
of the
City f F� o Rh, TQXU
Originating Department Head:
Charles Boswell 8511
(from)
Additional Information Contact:�J
Danny Reed 6145
Adonted Ordinance ryQ, '1,23,y '1,23,y Li