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HomeMy WebLinkAboutOrdinance 12547~~ ORDINANCE NO. ~ ~ / AN ORDINANCE GRANTING TO CHECKER CAB COMPANY OF DALLAS, 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 FIFTY (50) TAXICABS, FOR A PERIOD OF TEN YEARS BEGINNING ON June 27, 1996, AND ENDING ON June 26, 2006; SPECIFYING THE TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THI5 ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR WRITTEN ACCEPTANCE BY CHECKER CAB COMPANY OF DALLAS, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Checker Cab Company of Dallas, Inc., through its predecessor, All American Cab Company, Inc., has been a supplier of taxicab,sservice to Fort Worth citizens since 1984; and .=r:» :' WHEREAS, Checker Cab Company of Dallas, Inc. has applied for a renewal of its privilege, as previously granted in 1986 by Ordinance No. 9663, to furnish taxicab service on the public streets, alleys and thoroughfares of the City for a term of ten years commencing on June 27~, 1996, and ending on June 26, 2006; 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 Checker Cab Company of Dallas, 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 need, necessity and convenience require the operation in the City of Fort Worth of fifty (50) taxicabs by Checker Cab Company of Dallas, Inc.; 2. That Checker Cab Company of Dallas, Inc. is fit, proper, qualified and able, morally and financially, to ~w 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 fifty (50) taxicabs by Checker Cab Company of Dallas, Inc.; 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 Checker Cab Company of Dallas, Inc.; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: n SECTION 1. That the Checker Cab Company of Dallas, Inc., 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 2 ~;,. providing public taxicab service within the said City's municipal limits with fifty (50) taxicabs for the period beginning June 27, 1996, and expiring June 26, 2006. 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 3 s 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 o.f 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 4 ,~ "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 perigd 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. 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. 6 .. SECTION 15. That this ordinance shall be full force effect from the date of its adoption and acceptance as hereinabove provided. APPROVED AS TO FORM AND LEGALITY: ss' tan i Att rney l Date: lc~-~ l ADOPTE : ~ - ! ~- `~1 EFFECTIVE: ACCEPTED BY: CHECKER CAB COMPANY OF By: Dat 7 City of Fort Wordy Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 06/11 /96 G-11498 12CAB 1 of 2 SUBJECT ORDINANCE GRANTING PRIVILEGE TO CHECKER CAB COMPANY OF DALLAS, INC TO PROVIDE TAXICAB SERVICE IN FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance granting privilege to Checker Cab Company of Dallas, Inc to continue to provide taxicab service in Fort Worth for a period of ten years beginning on June 27, 1996, and ending on June 26, 2006 DISCUSSION Checker Cab Company of Dallas, Inc has been a provider of taxicab service in Fort Worth since August 22, 1995 when the City Council approved the transfer of the Grant of Privilege for taxicab operations from All American Cab Company, Inc (M&C G-11198) The Grant of Privilege expires June 26, 1996 In a letter dated April 29, 1996, 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 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 Checker Cab Company of Dallas, Inc ~i • L .. r a City of Fort Worth Texas Mayor and Council Communication DATE 06/11 /96 REFERENCE NUMBER G-11498 LOG NAME 12CAB PAGE 2 of 2 SUBJECT ORDINANCE GRANTING PRIVILEGE TO CHECKER CAB COMPANY OF DALLAS, INC TO PROVIDE TAXICAB SERVICE IN FORT WORTH FISCAL INFORMATION/CERTIFICATION Checker Cab Company of Dallas, Inc pays an annual franchise fee of deposited to the General Fund CB a 56,000 00, which is Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 Originating Department Head: APPROVED ITY COUNCf L Charles Boswell 8511 (from) .lUt~ 11 '~ For Additional Information Contact: ~~~/ Da-my Reed 6798 ityl of Fo t~Wo~rtltt ezas Adopted O.rd~nanc~ No.