HomeMy WebLinkAboutOrdinance 12414ORDINANCE NO.
AN ORDINANCE GRANTING TO YELLOW CHECKER
CAB COMPANY OF D/FW, 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 OF TEN YEARS
BEGINNING ON JANUARY 1, 1996, 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 YELLOW CHECKER CAB COMPANY
OF D/FW; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Yellow Checker Cab Company of D/FW, through its
predecessor, Fort Worth Cab and Baggage Company, has been a major
supplier of taxicab service to Fort Worth citizens since 1953; and
WHEREAS, Yellow Checker Cab Company of D/FW has applied for a
renewal of its privilege, as previously granted in 1985 by
Ordinance No. 9531, to furnish taxicab service on the public
streets, alleys and thoroughfares of the City for a term of ten
years commencing on January 1, 1996, and ending on December 31,
2005; 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 Yellow Checker Cab Company of
D/FW; 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 need, necessity and convenience require
the operation in the City of Fort Worth of one hundred
(100) taxicabs by Yellow Checker Cab Company of D/FW;
2. That Yellow Checker Cab Company of D/FW is fit, proper,
qualified and able, morally and financially, 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 granting and the continuation
of the operation of one hundred (100). taxicabs by Yellow
Checker Cab Company of D/FW;
4. That the number of taxicabs applied for, and the
condition in which they are maintained, guarantees the
continuation of the level of service in both the quantity
and quality essential to the legitimate public needs in
the immediate foreseeable future; and
5. That all other requirements of Chapter 34 of the Code of
the City of Fort Worth (1986), as amended, have been
complied with by Yellow Checker Cab Company of D/FW; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
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SECTION 1.
That the Yellow Checker Cab Company of D/FW, a Texas
corporation, with its principal place of business and its
headquarters in the City of Fort Worth, Tarrant 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
January 1, 1996, 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
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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 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
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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 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.
SECTION 10.
That nothing herein contained shall be held or construed to
confer upon the Company exclusive rights or privileges of any
nature whatsoever.
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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.
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SECTION 15.
That this ordinance shall be full force effect from the date
of its adoption and acceptance as hereinabove provided.
A OVED AS O O M ND LEGALITY:
eputy ity Attorney
Date: pC'p27 -~~
ADOPTED : ~ ~ ~'
EFFECTIVE: o~/~/~~/
ACCEPTED BY:
YELLOW CHECKER CAB COMPANY
OF D/FW
By : _~~ ~
esident
Date : ~~ 02~, l ~Q ~o
7
Mayor
City of Fort Worth, Texas
and Council Communication
DATE
NUMBER
LOG NAME
02/20/96 -113 8 12TAX1 1 of 2
SUBJECT ORDINANCE GRANTING PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW
TO PROVIDE TAXICAB SERVICE IN FORT WORTH
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance granting a privilege to
Yellow Checker Cab Company of D/FW to continue to provide taxicab service in Fort Worth for
a period of ten years beginning on January 1, 1996, and ending on December 31, 2005
DISCUSSION
Yellow Checker Cab Company of D/FW (and its predecessors) has been the major provider of
taxicab service in Fort Worth since 1953 The most recent Grant of Privilege, approved by the
City Council on December 9, 1985 (M&C G-6515, Ordinance No 9531), expired December 31,
1995 In a letter dated December 8, 1995, the Company requested that its Grant of Privilege
be renewed
In accordance with Section 34-114 of the City Code, the City staff has conducted an
investigation to the extent necessary to determine whether or not
1 The public need, necessity and convenience require the proposed operation in the City,
2 The Company is fit, proper, qualified and able to efficiently conduct the proposed service,
3 The general welfare of the citizens of Fort Worth will be best served by the proposed
service,
4 The number of taxicabs applied for, and the condition in which they are maintained,
guarantees the continuation of the level of service in both quantity and quality essential to
the legitimate public needs in the immediate foreseeable future, and
5 All other requirements of Chapter 34 of the City Code have been complied with by the
Company
It is the opinion of the City staff, after thorough investigation, that the answers to the above are
in the affirmative, and accordingly, it is recommended that the City Council adopt the attached
ordinance and award the proposed grant of privilege to Yellow Checker Cab Company of D/FW
Printed on Headed Paper
_..~
City of Fort Worth, Texas
Mayor and Council Communication
DATE
02/20/96 REFERENCE NUMBER
-113 LOG NAME
12TAX1 PAGE
2 of 2
SUBJECT ORDINANCE GRANTING PRIVILEGE TO YELLOW CHECKER CAB COMPANY OF D/FW
TO PROVIDE TAXICAB SERVICE IN FORT WORTH
FISCAL INFORMATION/CERTIFICATION
Yellow Checker Cab Company of D/FW pays an annual franchise fee of S 12,000 00, which is
deposited to the General Fund
CB a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 n pp
Originating Department Head: p®
AI"Pf~Q~E®
CITY CQUNCIL
Wade Adkins 7623 (from)
For Additional Information 'l
Contact: u,J ~J
LGC4
Wade Adkins 7623 y
City of F~ 7eXf11
Printed on Recyded Paper Adapted Qrdmance N0. _____,-„