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HomeMy WebLinkAboutOrdinance 13105ORDINANCE NO 13 (O~ AN ORDINANCE AMENDING CITY ORDINANCE NO 12547 BY INCREASING FROM FIFTY (50) TO FIFTY-SIX (56) THE NUMBER OF TAXICABS WHICH CHECKER CAB COMPANY OF DALLAS, INC , IS AUTHORIZED TO OPERATE UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY, MAKING THIS ORDINANCE SUBJECT TO AND CONDITIONED UPON CHECKER CAB COMPANY OF DALLAS, INC , ADDING SUCH TAXICABS TO ITS OPERATING FLEET AND SO LOCATING THEM UPON THE CITY STREETS TO ADEQUATELY FULFILL THE NEED FOUND TO EXIST WITHIN THIRTY (30) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE, 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 CHECKER CAB COMPANY OF DALLAS, INC , MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on June 11, 1996, Checker Cab Company of Dallas, Inc , was 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 City's municipal limits with fifty (50) taxicabs for the period beginning June 27, 1996, and expiring June 26, 2006, and WHEREAS, the City Council of the City of Fort Worth, Texas, has determined that the public need and necessity and convenience require the authorization and operation of twenty (20) additional taxicabs upon the City's streets, alleys and thoroughfares, and that the general welfare of the citizens of the City will best be served by the addition of such taxicabs, and WHEREAS, Checker Cab Company of Dallas, Inc ,has requested that the City amend its grant of privilege to allow Checker Cab Company to place additional taxicabs upon the City streets, and WHEREAS, the City Council desires to amend City Ordinance No 12547, to increase from fifty (50) to fifty-six (56) the number of taxicabs which Checker Cab Company is authorized to operate in the City of Fort Worth, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Ordinance No 12547 of the City of Fort Worth, Texas, is hereby amended by increasing from fifty (50) to fifty-six (56) the number of taxicabs which Checker Cab Company of Dallas, Inc , is authorized to operate upon the public streets, alleys and thoroughfares of the City of Fort Worth SECTION 2 That this ordinance and amendment are subject to and conditioned upon Checker Cab Company of Dallas, Inc ,adding six (6) taxicabs to its operating fleet and so locating them upon the City streets to adequately fulfill the need found to exist within thirty (30) days from the date of adoption of this ordinance In the event the City Council determines Checker Cab Company of Dallas, Inc ,has failed to add such number of taxicabs to its fleet and to so locate same upon the City streets within the time prescribed herein, then this ordinance shall be null and void, the same as if it had never been adopted SECTION 3 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 4 That within ten (10) days after adoption of this ordinance, Checker Cab Company of Dallas, Inc , 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 Checker Cab Company of Dallas, Inc , on the final page of this ordinance SECTION 5 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 6 That this ordinance shall be in full force and effect from the date of its adoption A PROVED AS TO FO ND LEGALITY City Attorney Date ~ l ~" ~ I ADOPTED ~ Z ~ EFFECTIVE ~~ 2 ~ l 1 ACCEPTED BY CHECKER CAB COMP~Y OF DALLAS, INC By• Presi ent Date City of Fort ~6T~orth, Teacas Mc>~yor and Council Co~n~unication DATE REFERENCE NUMBER LOG NAME PAGE 07/2x/97 G-11960 02CAB 1 of 5 SUBJECT CONSIDERATION OF APPLICATION OF CHOICE CABS, INC TO OPERATE TAXICABS WITHIN THE CITY OF FORT WORTH, AND ORDINANCES AMENDING GRANTS OF PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW AND CHECKER CAB COMPANY OF DALLAS, INC , TO AUTHORIZE THE OPERATION OF ADDITIONAL TAXICABS UPON THE CITY STREETS RECOMMENDATION It is recommended that the City Council 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 fifty (50) additional taxicabs upon the City streets, alleys and thoroughfares, and 3 Notify Choice Cabs, Inc , (the applicant), and Yellow Checker Cab Company of D/FW and Checker Cab Company of Dallas, Inc , (the current privilege holders) of such findings and opinions, and 4 Adopt the attached ordinance amending the grant of privilege (City Ordinance No 12414) to Yellow Checker Cab Company of D/FW to authorize the operation of thirty-five i35) additional taxicabs upon the City streets, such amendment being subject to and conditioned upon Yellow Checker Cab adding such taxicabs to its operating fleet and so locating them upon the City streets to adequately fulfil( the need found to exist within thirty (30} days from the date of adoption of this amendment, and 5 Adopt the attached ordinance amending the grant of privilege (City Ordinance No 12547) to Checker Cab Company of Dallas, Inc , to authorize the operation of fifteen (15) additional taxicabs upon the City streets, such amendment being subject to and conditioned upon Checker Cab adding such taxicabs to its operating fleet and so locating them upon the City streets to adequately fulfill the need found to exist within thirty (30) days from the date of adoption of this amendment, and 6 Direct the City's Public Utilities Supervisor to report back to the City Council as to whether or not the current privilege holders have added the authorized number of additional taxicabs to their operating fleets and have so located such cabs upon the City streets to adequately fulfill the need found to exist within thirty (30) days from the date of such authorization DISCUSSION On Apri{ 28, 1997, Choice Cabs, Inc ("Choice") submitted to the City an application to operate a taxicab service with a fleet of 50 taxicabs within the City of Fort Worth Copies of the application have been given to members of the City Council Printed on Recyded Paper City of Fort Worth, Teacas 1Vlayor c~nd Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 07/29/97 G-11960 02CAB 2 of 5 SUBJECT CONSIDERATION OF APPLICATION OF CHOICE CABS, INC TO OPERATE TAXICABS WITHIN THE CITY OF FORT WORTH, AND ORDINANCES AMENDING GRANTS OF PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW AND CHECKER CAB COMPANY OF DALLAS, INC , TO AUTHORIZE THE OPERATION OF ADDITIONAL TAXICABS UPON THE CITY STREETS Following receipt of Choice Cabs' application, the City received requests from its two current taxicab operators to place additional taxicabs on the City streets Yellow Checker Cab Company of D/FW, whose grant of privilege currently authorizes the operation of one hundred (100) taxicabs, has requested that it be allowed to add fifty (50) taxicabs to its operations Checker Cab Company of Dallas, Inc ,whose grant of privilege currently authorizes the operation of fifty (50) taxicabs, has requested that it be allowed to add twenty-five (25) taxicabs to its operations CITY COUNCIL CONSIDERATION In considering Choice Cabs' application, the City Council, pursuant to Section 34-1 14 of 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 fit and proper and qualified and 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 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 adjusting claims and paying judgments, if any, to claimants, (2) 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, (3) The character and condition of the taxicabs to be used, (4) If the applicant is a corporation, 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, (5) The character and past record of the applicant, and, if the applicant be a corporation, of its officers, directors and stockholders, (6) Such other information as presented during any public hearing which may bear on the public need and necessity, including the impact the proposed service may have upon existing transportation services >~ Printed on Regded Paper City of Fort 'Worth, Teacas 1Vlayor and Council Communication DATE REFERENCE NiTMBER LOG NAME PAGE 07/29/97 G-11960 02CAB 3 of 5 SIIBJECT CONSIDERATION OF APPLICATION OF CHOICE CABS, INC , TO OPERATE TAXICABS WITHIN THE CITY OF FORT WORTH, AND ORDINANCES AMENDING GRANTS OF PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW AND CHECKER CAB COMPANY OF DALLAS, INC , TO AUTHORIZE THE OPERATION OF ADDITIONAL TAXICABS UPON THE CITY STREETS Pursuant to Section 34-1 15 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 fit to conduct such business for any reason, or that the interest of the general public in the City wilt 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 fit and qualified, morally and financially, 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 notify the applicant and all holders of grants for taxicab operations of its findings In the event of such findings, the then holders of grants for taxicab operations shall be given athirty-day period within which to add a sufficient number of taxicabs to their operating fleets to take care of the need found to exist If, within the thirty-day period, such taxicabs are added and so located to fill adequately the need found to exist, then the City Council shall refuse the application and no grant shalt be made to the applicant However, if the then holders of grants of privilege fail to obtain the additional taxicabs needed and to so locate them as to adequately fulfill the need found to exist within the thirty-day period, then the City Council shall, by ordinance, grant to the applicant the privilege to operate the number of taxicabs specified by the City Council STAFF FINDINGS AND OPINIONS In making its findings, the City Council also may consider as evidence the findings and 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 Choice Cabs' application and from the staff's independent investigation (a) Choice Cabs is fit and qualified, financially and morally, to conduct a taxicab service within the City (b) Choice Cabs has fully complied with the requirements of Chapter 34 of the City Code (c) Yellow Checker Cab Company of D/FW currently holds a grant of privilege to operate 100 taxicabs within the City of Fort Worth In 1996, Yellow Checker Cab reported operating an average of 92 taxicabs daily with a high of 99 The company dispatched an average of 1813 calls daily Printed on Regded Paper City of Fort Worth, Teams Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 07/2997 G-11960 02CAB 4 of 5 SUBJECT CONSIDERATION OF APPLICATION OF CHOICE CABS, INC TO OPERATE TAXICABS WITHIN THE CITY OF FORT WORTH, AND ORDINANCES AMENDING GRANTS OF PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW AND CHECKER CAB COMPANY OF DALLAS, INC , TO AUTHORIZE THE OPERATION OF ADDITIONAL TAXICABS UPON THE CITY STREETS (d) Checker Cab Company of Dallas, Inc ,currently holds a grant of privilege to operate 50 taxicabs within the City of Fort Worth In 1996, Checker Cab Company reported operating an average of 47 taxicabs daily with a high of 50 The company dispatched an average of 739 calls daily (e) Combining the information furnished in (c) and (d) above, in 1996 there was an average of 2,552 calls dispatched to 139 taxicabs daily, or 18 3 calls per vehicle per day (f) From January through the end of June of this year the Public Utilities Supervisor has received (19) complaints concerning the availability of taxicabs in Fort Worth Only two (2) complaints were received in 1996 (g) Based upon the increase in the number of complaints concerning the availability of taxicabs, the public need and necessity and convenience require the operation of fifty (50) additional taxicabs within the City (h) The general welfare of the citizens of the City will best be served by the addition of fifty (50) taxicabs upon the City streets SCHEDULED HEARING A public hearing on the application of Choice Cabs, Inc , is scheduled to be held by the City Council prior to its consideration of and action on this M&C, so that the City Council may receive testimony and other evidence from all parties interested in this matter Printed on Regded Paper City of Fort Worth, Teacas 1t~ay®r ~anc>l Council ~'ommunication DATE 07/29/97 REFERENCE NUMBER G-11960 LOG NAME 02CAB PAGE 5 of 5 SIIBJECT CONSIDERATION OF APPLICATION OF CHOICE CABS, INC TO OPERATE TAXICABS WITHIN THE CITY OF FORT WORTH, AND ORDINANCES AMENDING GRANTS OF PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW AND CHECKER CAB COMPANY OF DALLAS, INC , TO AUTHORIZE THE OPERATION OF ADDITIONAL TAXICABS UPON THE CITY STREETS FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that this action will have no material effect on City funds BT f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Oftice by: (to) Charles Boswell 8511 APPROVED Originating Department Head: ~~~~/ ~®~~~~e Wade Adkins 7623 (from) ~~ 1997 A.S AMENDED For Additional Information ~L~J ~ Contact: ~~ ~ ®~ ~~ Bill Wood 7605 City of Fort ~Toritt, Printed on Recyded Paper AaO~t~d f}Cf~iCi~liC@ Nfl, l` O