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HomeMy WebLinkAboutORD 359 - ORD authorizing Issuance of Prmits to Taxicabs Operating in the City II L.... , " ,., ..I 1,4 ORDINANCE NO. 359 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PERMITS TO TAXICABS TO BE OPERATED 1".....]- IN .. THE CITY; FIXING THE LICENSE FEE FOR PERMITS; PRESCRIBING THE REQUIREMENTS FOR OBTAINING A PER..\.ITT; REGULATING THE MAXIMUM FARES TO BE CHARGED; PROVIDING REGULATIONS FOR THE USE AND OPERATIONCF TAXIMETERS; FIXING THE LIABILITY INSURANCE POLICY , SURETY BOND OR SECURITIES INCIDENT TO OPERATING TAXICABS IN THE CITY; DESIGNATING TAXICAB STANDS TO BE LOCATED IN TIlE CITY; FIXING A PEN~ ALTY OF FINE NOT TO EXCEED $200.00 FOR VIOlATION HEREOF AND REV(l'DATION OF " LICENSE AT CITY'S OPl'ION; PROVIDING A SEVERABILITY ClAUSE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PlACE, TEXAS: ~ I Section 1. That the Assessor and Col1ector of Taxes in and for the City of West University Place, Texas, is hereby authorized to issue permits to a person or persons or corporations to operate taxicabs within the city upon the applicant for such permit complying with the requirements hereinafter prescribed." The number of taxicabs licensed under this ordinance shall not exceed twenty. Section 2. ' That it shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over arw street in the city unless there has been obtained fbr such taxicab and existing in fu11 force and effect, a per- mit duly issued/by the tax assessor and collector of taxes as provided in this article. / II ] Section 1. That, in order to defray a part of the expenses necessary to provide survei11ance, supervision and inspection ,of taxicabs, required under the terms of this ordinance, there is hereby levied a license and inspection fee of THIRTY ($30.00) DOLLARS per calandar year for each permit issued for the operation of a, taxicab, said fee to be collected by the Assessor and Col1ector 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 c;;uendar year shall be pro-rated with theapplicant given credit for that portion of the year which has expired at the time of the issuance of the permit. III Section '1. That it shall be the duty of the Assessor and Collector of Taxes, before issuing aIW permit to any applicant, to require of said applicant and of any person who may operate a taxicab as the employee of said applicant ,evidence of their good physical condition and of their good hearing, vision, and moral character. In this connection, a current chauffeur's license and medical approval issued by the City of Houston wil1 be accepted as sufficient compliance with this section. IV Section 1. That any operator of a taxicab, licensed under this ordinance, who is "JI..:'... convicted of a violation of any of the City Ordinances or State laws, may be pro- . hibited by the City from operating a cab within the City limits. o D n 1~5 v Section 1. That the maximum fare rate to be charged by any taxicabo operator shall be Thirty-five (35~) Cents for the first mile, and Five (5~) Cents for each quarter mile thereafter, pIus clock time. Section 2. That there shall be posted in a conspicous place on the inside of each licensed taxicab a card showing the rates charged by said taxicab. It shall be the duty of the driver of the taxicab to so post said card. Section 1. That it shall be a violation of this ordinance if any omer, driver, licensee or operator of any taxicab shall refuse to convey a passenger at the rate s~cified on the rate card displayed in said taxicab or shall demand or receive an amount in excess of the rates displayed on said cards. VI Section 1. That is shall be uillaWful for arJiyowner or operator operating any taxicab under the provisions of this article to operatedany such vehicle and it shall be unlawful for any person to drive any taxicab unless said taxicab is equipped with a taximeter. Said taximeter shall be of a type and design that shall properly and accurately compute and register on its face the charge for distance traveled, by and the waiting time of said taxicab. Section 2. That the owners or operators of 811 taxicabs, that are not equipped with taximeters and the owners and operators of all taxicabs which may hereafter be licensed, before installing a taximeter shall submit the type and design of taximeter he intends to install in said taxicab to the City Secretar,y. If said taximeter is capable of properly" and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of said taxi- cab, the City Secretary shall approve said taximeter. Section 1. That no taximeter of a type and design which has not been approved by the City Secretary shall be used on any taxicab. It shall be the duty of every owner of any taximeter to at all times keep such taximeter accurate. All taximeters shall be subject to inspection from time to time, and any inspector appointed by.the City Commission, or the City Secretary, or aI\Y peace officer of the City is authorized to investigate all taximeters at all times when said vehicles are operated on the public streets of the City. Section 4. That the o~ration of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled. or waiting time of a taxi-aab shall constitute a vio- lation of this ordinance. Section 5. That no person s~a11 drive a taxicab without the taximeter therein beingplaced in such position in said taxicab that the face thereof mc\y be easily seen by the passenger in said vehicle. No person shall drive a taxicab between sunset and sunrise unless the face of -the taximeter thereon shall be illuminated by an artificial light so arranged as to throw a continuouslight on the face thereof, making discernible the figures showing the amount of the fare. Section 6. That all persons driving taxicabs must base the charges for the hire of the taxicab on taximeters, except charges for taxicabs hired so1e1y on a time basis, and no person shall drive a taxicab without the taximeter therein being placed so that the reading dial showing the annuntto be charged shall be readily discernible by the passengers riding in said taxicab. 1:: :L::~: : :: ~ ':::'::1 , J.I I 'J" JI . ..I L..... _. _ _'. __ :. ..1 7:,6 Section 7. That it shall be unlawful for aIV driver of a taxicab while carrying passengers,' except when hired on a strictly time basis, to display the flag attached to the taximeter in such a position as to denote that such vehicle is not employed, or to throw the flag of the taximeter in a recording position when such vehicle is not actually employed; or to fail to throw the flago of such taxi- meter in a non-recording position at the termination of each and every service. II J VII Section 1. That before any permit shall be issued to any owner or operator of a taxicab, or before any renewal of said permits 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 public against any loss or damage that may result to any person or property form the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not be less than ~he fo110wing sums: For injury to anyone person or the death of anyone person in any Qne accident, Twenty-five Hundred ($2500.00) Do11ars; For injury to two or more persons or the death of two or more persons in anyone accident, Five thousand ($5,000.00) Do11ars; For injury to or destruction of property in any one accident, One Thousand ($1,000.00) Dollars. [I I I ~I Section 2. The owner or, operator of said taxicab may, in lieu of the aforesaid policy of Ii ability insurance, file with the Collector and Assessor of Taxes, a surety bond, performable in Harris County, Texas, payable to the may-or of the city and his successors in, office, executed by a responsible and solvent corpor- atiEm 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 judgments 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(gperation 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: Vfuere such person owns or offers for hire only one such motor vehicle, such bond shall be in the rom of Six Thousand ($6,000.00) 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 s~ of Twelve Thousand Five Hundred ($12,500.00) Dollars; '~:~ Where such parson owns or offers for hire more than five but l-ess than twenty-one such motor vehicles, s aid bond shall be in the sum of Twenty-five thousand ($25,000.00) Dollars; lJ Where such parson owns or offers for hire more than twenty but ,- c o ,[." i. . I 77 less than sixty-one such motor vehicles, said bond shall be in the sum of Thiw-seven Thousand Five Hundred ($37,500.00) Dollars; Where 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; Vfhere such person owns or offers for hire more than one hun- dred such motor vehicles, said bond shall be in the sum of~ Sixty-seven Thousand Five Hundred ($67,500.00) Dol1ars. Said bond of indemnity shall provide that the amount of recovery on each vehicle named in said bond sha11 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 ~rsons or the death of two or more persons in anyone accident, Five Thousand ($5,000.00) Dollars; For injury or destruction of property in anyone accident, Q1ne Thousand ($1,000.00) Dollars. Section '3. Such person may, in lieu of the aforesaid policy of liability insurance or the aforesaid bond as provided for by this section, file with the Assessor and Collector of Taxes, United States Government Bonds, or United States Tre.asury 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 principal amount as the surety bond provided for by this section. Or in lieu of said insurance or securities herein provided, the per- son may deposit with the city contro11er cash security. If said person oper- ates not more than fifty cabs, he shall deposit the sum of Ten Thousand ($10,000) Dollars cash; if such person operates more than fifty cabs, there shall be de- posited the sum of Fifteen Thousand ($15,000.00) Dollars cash. Upon receipt of such securities, as provided herein to be deposited with the Assessor and Collector of Taxes, it shall be his duty to issue a receipt therefor, a copy of which shall be furnished to the depositor. Section h. The above described public liability insurance, surety bon~ and securities shall be for the protection of the passenge:rJ's of said vehicle and for the publ:tc', but shall not cover personal injuries sustained by the servants, agents or emplo;)rees of the persons so filing the same;, Section rJ. All policies of insurance or indemnity bonds shall contain a prov~s~on for a continuing liability thereon up to the full amount thereof, notwithstanding any reuovery thereon. ;t' "~,1 ,= . ': t" ~ II l....., ..l 78 ~ Section 6. In the event of the return unsatisfied of any execution issued on my judgment from which an appeal may be taken without bond, rendered against any II persontin any suit for damages on account of injury to pers'on or property occasioned IJ by the operation' of any such motor vehicle, such person, within ten days after the return of such execution unsatisfied, provided such 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 addi- tional bond is deposited or such judgment is paid. Section 7. 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 my licensee has" become impaired so as to afford less protection to the public than when original1y filed, he may require a new or additional bond or public Ii ability 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 operating any such motor vehicle shall, within five days after receiving written notice of such requirement, provide the required new ~r additional bond, public liability policy or additional securities, failing which, the permit of said licensee shall automatically terminate. In the event that my surety or insurer may desire to be released from any insurance pQlicy or surety bond, he may give written notice of such desire to the Collector and Assessor of Taxes at least ten days before he de- sires his liability released, and the Col1ector and Assessor of Taxes shall there- upon give written notice by peraonal 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 discharge such" first surety or insurer from any liability which shall accrue after the time of approval of such new bond or policy that said licensee may file or shall discharge such first surety or insurer Il after the expiration of said ten-day period; provided, that, in the event any bond i~ or policy be so cancelled upon the request of the surety or insurer and no new bond or insurance ~olicy is filed by said licensee before the cancellation of said original assurance, then the permit to operate taxicabs granted to sai d licensee shall be automatically revoked; provided further, that neither the City now any officer thereof shall be held 1iable for the pecuniary responsibility or solvency of any such surety or insurer or in any manner become liable for any sum on account of any such claim, act or omission relating to any such motor vehicle, nor shall the liability of any person oWning or operating any such vehicle be in any manner limited or changed in connection with this article or such license or assurance, but the juagment creditors having causes of action 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 farties without priority of claim on payment in any suit had'or instituted on account of such matters. Section 8. Any licensee who elects to comply with the terms of t his section by depositing such securities as are authori~ed hereunder, upon the expiration or cancellation of the permit, or if such licensee shall cease to do business in accordance with the terms and provisions of this article, may secure the with- drawal of such securities on deposit after the expiration of six months from the date of c.ance11ation, 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 C 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, cancel1ation or failure of the licensee to continue business, unless there is then :J .... [ [, c . 79 pending an undisposed of sp.i t against said licensee. Section 9. No securities held by the Assessor and Collector of Taxes under the terms of this article shall ever be sold and the proceeds 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 Assessor and ..collector of Taxes, he shall imrnediately notify the licensee who has deposited said securities to deposit additional securities to replace those paid out. Upon failure to said licensee to so deposit additional securities within five days after notification by said Assessor and Collector of Taxes, the permit of said licensee shall be revoked. VIII Section 1. That there is hereby established the fol1owing taxicab stand to be devoted 10lely to the use of taxicabs when not engaged in transporting passengers, and such stand shall not be occupied by a greater number of taxicabs than those indicated herein: Location No. of Cabs University at Edloe or vicinity 1 Section 2. That the City Secretary shall have authority to approve taxicab stands at places other than those fixed by this article. No portion of any street in the City shall be used as a taxicab stand other than the ones prescribed as such by ordinance, unless such taxicab stand is approved by the City Secretary. Any person establishing a taxicab stand in violation of this provision and any person driving a taxicab who uses any such taxicab stand established in violation of this provision shal1 be deemed guilty of a violation of the provisions of this article. IX That any person and/or persons who violate any prov~s~on or part of this Ordinance shall be guilty of a misdemeanor, and upon a conviction, shall be fined in any~'um not to exceed $200.00, and drivers of such taxicabs or owners thereof, may be 'required to forfeit their licenses, permits ,or rights to do' business in the City of West University Place at the wil1 of said City. X That this ordinance is intended to' be severable and should, any part or por- tion hereof be adjudged to be unconstitutional or illegal then such portion so adjudged shall not affect any other portion of this ordinance. XI That all ordinances or parts thereof if any which are in conflict herewith be and the same are hereby repealed to the extent of such conflicts only. l' .."... T'~-' II 80 JI l, . .1 L...._. _. .. __' __ ,_ ..1 PASSED AND APPROVED this 27th day of Oc;tober, A. D., 1947. ATTEST: 4ul4~ ] ..~~ J J