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HomeMy WebLinkAboutORD 298 - ORD Authorizing Issusance of Permits for Taxicabs to Operate in WU 115 ORDINANCE rID. e98 AN ORDINANCE AUTHORIZING THE ISstJANCE OF PERMITS TO TAXICABS TO BE OPERATED IN THE CITY, FIXING THE LICENSE FEE FOR SUCH PERMITS, REGULATING TEE MAXIMUM FARES TO BE CHARGED, PRES- CRIBING THE REQ,UlREMENTS FOR OBTAINING A PERMIT , PRESCRIBING THE REQPIREMENTS FOR OBTAINING A TAXI DRIVER'S LICENSE, AND FIXING TEE LIABILITY, INOORANCE POLICY ,SURETY BOND OR SECURITIES INCIDENT TO OPERATING TAXICABS IN TEE CITY. BE IT ORDAINED by the City Commission of the City of West Univer- sity Place, Texas: , I That the Assessor and Collector of Taxes in and for the City of West University Place, Texas, is hereby authorized to issue per- mits to a person or persons or corporation to operate taxicabs with- in the city'upon the applicant for such permit complying with the requirements ,hereinafter prescribed. II That, in order to defray a part of the expenses necessary to provide surveillance, supervision and inspection of taxicabs, re- quired under the terms of this ordinance, there is hereby levied a license and inspection fee of Twenty-five ($25. OO}Dollars per annum. for each permit issued for the operation of a taxicab, said fee of Twenty-five ($25.00) Dollars to be collected by the Assessor and Col- lector of Taxes at the time of the issuance of the permit, and to cover a period of one calendar year. Any permit issued after the beginning of any calendar year shall be pro-rated with the applicant given,....credit for that portion of the year which has expired at the time of the issuance of the permit. III ~ It shall be the duty of the Assessor and, Collector of Taxes, be- fore is?ging any permit to any applicant, to require of said applicant and of any person who may operate a taxicab as the employee of said applicant, to furnish said Assessor and Collector of Taxes satisfactory ,proof of their good physical condition and of their good hearing and Vision, whereupon said Assessor and Collector of Taxes may issue to . sa.:td applicant or employee of applicant a taxicab driver's license. IV ~e maximum fare rate to be charged by any taxicab operator shall be Thirty-five (351i) Cents for the first mile, and Ten (lOIi) I Cents for each additional mile or fractional part thereof. , 1 i ---- . J\ ,U " " I :,J~:": . U I.... u J.. u Ll 16_ v , That the owner or operator of any taxicab under the provisions of this ordinance shall equip said taxicab or taxicabs with taxi meters, to be approved by the Assessor and Collector of Taxes. VI (a) That before any license shall be issued to any owner or operator of a taxicab, or before any renewal of said licenses shall be granted, the owner or operator shall be required to file with the Assessor and Collector of Taxes, and thereafter keep in full force and effect a policy of public liability insurance executed by an insUrance company duly authorized to do business in the state of Texas, and performable in Harris County, Texas, insuring the pub- lic against any loss or damage that may resul t to any person or pro- perty from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not be less than the following sums: For injury to anyone person or the death of anyone person in anyone accident, Twentyfive Hundred ($2500.00) Dollars; For injury to two or more persons or the death of two or more persons in anyone accident, Five Thousand ($5,000.00) Dollars; For injury to or destruction of property in anyone accident, One Thousand ($l,OOO.OQ) Dollars. (b) The owner or operator of said taxicab may, in lieu of the . aforesaid policy of liability insurance, file with the Collector and Assessor of Taxes, a surety bond, performable in Harris County, Texas, payable to the mayor of the city and his successors in of- fice, executed by a responsible and solvent corporation authorized to conduct a bonding business under the laws of the State of Texas, which bond shall be conditioned for the payment of all final judg- ments which may be rendered against any such person for damages on account of death or injuries to property or person, including both passengers and the public, occasioned by the operation of any such taxicab as hereinbefore defined, and which bond shall be in an amount graduated according to the number of vehicles owned or offered for hire, according to the following scale: ~lliere such person owns or offers for hire only one such motor vehicle, such bond shall be in the sum of Six Thousand ($6,600.00) Dollars ;, Where such person owns or offers for hire more than one but less than six such motor vehicles, such bond shall be in the sum of Twelve Thousand Five Hundred ($12,500.00) Dollars; vVhere such person owns or offers for hire more than five but less than twenty-one such motor vehicles, said bond shall be in the sum of Twenty-five Thousand ($25,000.00) Dollars; : I ~ n I I '-- j [ U 117 Where such person owns or offers for hire more than twenty but less than sixty-one such motor vehicles, said bond shall be in the sum of Thirty-seven Thousand Five Hundred ($37,500.00) Dollars; Mlere such person owns or offers for hire more than sixty but less than one hundred one such motor vehicles, said bond shall be in the sum of Fifty Thousand ($50,000.00) Dollars; Where such person owns or offers for hire more than one hundred such motor vehicles, said bond shall be in the sum of Sixty-seven Thousand Five Hundred ($67,500.00) Dollars. Said bond of indemnity shall provide that the amount of recovery on ea'ch vehicler: named in said bond shall not be less than the following sums: For injury to anyone person or the death of anyone person in anyone accident, Two Thousand Five Hundred ($2,500.00) Dollars; For injury to two or more persons or the death of two , or more persons in anyone accident; Five Thousand ($5,000.00) Dollars; For injury or destruction of prop.,~.rty in anyone accident, One Thousand ($l,OOO.OO) Dollars.' (c) Such person may, in lieu of the aforesaid policy of liability insurance 9r the aforesaid bond as provided for by this section, file with the city controller United States Government Bonds, or United States Treasury Certificates, or bonds issued by the city, or bonds issued by the County of Harris, Texas, or bonds issued by the Houston Independent School District, or bonds issued by the Harris County Houston Ship Channel Navigation District, in the same prin- cipal amount as the surety bond provided for by this section. Or in lieu of said insurance or securities herein provided, the person may deposit with the city ~ontroller cash security. If said person op- erates not more than fifty cabs, he shall deposit the sum of Ten Thousand ($10,000.00) Dollars cash; if such person operates more than fifty cabs, but no more than-one hundred cabs, there shall be deposited the sum of Fifteen TlIousand ($15,000.00) Dollars cash; and if said person operates more than one hundred cabs, there shall be deposited the sum of Twenty Thousand ($20,000.00) Dollars cash. Or, such person may place with the city co~troller as trustee for the use and benefit of the members of the public injured by the agents of such person, real estate situated in Harris County, Texas, of the cash market value, of the amounts specified above, depending upon the number of cabs operated. The Assessor and Collector of Taxes shall have the power to pass upon the value of said property. Upon receipt of such securities, as provided herein to be deposited with the city controller, it shall be his duty to i~sue a ,receipt therefor, a copy of Which shall be furnished to the depositor and another to the Assessor and Collector of Taxes. I] II I Tii'i. W, u I 11 18, (d) The above described public liability insurance, surety 'Ii,--I bonds and securities shall be for the protection of the passengers of said vehicle and for the public, but shall not cover personal in- juries sustained by the servant's, agents or employees 'of the persons so filing the same. (e) All policies of insurance or indemnity bonds shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. (f) In the event of the return unsatisfied of any,execu- tion issued on any final judgment, or on any judgment from which an appeal may be taken without bond, rendered against any person in any suit for damages on account of injury to person or p~operty oc- casioned by the operation of any such motor vehicle, such person, within ten days after the return of such execution unsatisfied, pro- vided suc~ jUdgment is still unpaid, shall increase the amount of bond by the amount of such judgment, and failing to do so shall forthwith cease the operation of motor vehicles in the city until such additional bond is deposited or such judgment is. paid. (g) In the event the Assessor and Collector of Taxes shall determine, after a hearing duly had after three days' notice given a licensee, that any assurance given by any licensee has become impaired so as to afford less protection to the pUblic than when originally filed, he may require a new or additional bond or i~ II" ",I public liability policy or additional securities so as to bring the ~~ protection of said assurance to its original amount, and the licensee or the person owning or oper2ting any such motor vehicle shall, within five days after receiving written notice of such requirement, provide the requir~d new or additional bond, public li8bility policy or additional securities, failing which, the license of said licensee shall automatically terminate. In the event that any surety or in- surer may desire to be released from any insurance policy or surety bond, he may give written notice of such desire to the Collector and Assessor of Taxes at least ten days before he desires his liability released, and the Collector and Assessor of Taxes shall thereupon give written notice py personal delivery or by mail to any such licensee, and demand that said licensee furnish' new assurance by the expiration of the ten-day period above provided for, and shall dis- charge such first surety or insurer from any liability which shall accrue after the time of approval of such new bond or poliqy that said licensee may file or shall discharge such first surety or in~ surer after the expiration of said ten-day period; provided, that, in the event any bond or policy be so' cancelled upon the request of the surety or insurer and no new bond or insurance policy is filed by said licensee before the cancellation of said original assurance, then the license to operate taxicabs granted to said licensee shall be automatically revoked; provided further, that neither the city nor any officer thereof shall be held liable for the pecuniary re--- sponsibility or solvency,of any suc~ surety or insurer or in any I manner become liable for any sum on account of any.such'claim, act __ or omission relating to any such motor vehicle, nor shall the lia- bility of ,any ~rson owning or operating any such vehicle be in 'any 1'lll manner limited or changed in connection with this article or such license or assurance, but the judgment creditors having causes of actio~ secured thereby shall be authorized to sue directly on such bond or policy of insurance without impleading the city, and all persons known to any surety or insurer to have been injured or damaged in the same accident and claiming damages thereunder may be made parties without priority of claim on payment in any suit had or instituted on account of such matters. (h) Any licensee who elects to comply with the terms of this section by depositing such securities as are authorized here- under, upon the expiration or cancellation of the license, or if such licensee shall cease to do business in accordance with the terms and provisions of this article, may secure 'the withdrawal of such securities on deposit after the expiration of six months from the date of cancellation, expiration or failure to continue business, upon furnishing to the Assessor and Collector of Taxes proof that the licensee has complied with all the terms of this article, and there are no outstanding claims against him which may result in jUdgment upon Which suits could be filed subsequently by jUdgment creditors of the licensee against the securities. In no event shall such securities be held for a period of more than two years from the date of expiration, cancellation or failure of the licensee to con- tinue business, unless there is then pending an undisposed of suit against said licensee. --~I i i, f (i) No securities held by the city controller under the terms of this article shall ever be sold and the pro,ceeds' paid out except upon order of a court of competent jurisdiction, and should any of said securities be sold and the proceeds paid out by said city controller he shall i.rnffiediately notify the Assessor and Col- lector of Taxes of the securities so sold by him, and said Assessor and Collector of Taxes shall immediately notify the licensee who has deposi ted said' securities to deposit additional securi tie s to repla ce those paid 9ut. Upon failure of said licensee to so deposit addi- tional securities within five days after notification by said Assessor and Collector of Taxes, the license of said licensee shall be revoked. VII Kny violation of the terms of 'this ordinance'by the drivers of such taxicabs or by the owners thereof shall subject such drivers or taxicab owners to a forfeiture of their license, permit or right to do business in the City of West University Place, at the will of said City. PASSED AND ORDAINED by the City of West University Place, Texas, on this the lOth day of December, A. D. 1945. a~r-. A~{. '~rtfw, Mayor of the City ATTEST: of West University Place, Texas ! .~~ R. B. llen, City Secretary of City of West UniVersity Place, Texas u_ _~~____ 1:'. :: ":-:--1 .. .L:~ _ ___ L ::n , "'1::1 :Lil~l' - i.