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HomeMy WebLinkAboutO-1950-397 e. - .. e .. .' . . -- , , , 3m AN ORDINANCE DEFINING A II TAXICAB II ; DEFINING THE TER1.I "TAXICAB BUSINESS II; MGULATING THE TAXICAB :aUSIIJESS IN THE CITY OF LA PORTE; REQ,UIRING ALL PERSONS ~ FIRMS AN}) OORPORAT IONS BE:?ORE C0NDUCTING A TAXICAB BUSlr~SS IN SAID CITY TO OBTAIN FRO~ THE CITY COMI'USS:i:Ol~ A PERUIT THEREFOR; PROVIDliW.. TEE MODE AND MANNER OF OBTAINING SUCH PERl\lI'rS; PRESCRIBING THE CON'llENTS OF SUCH PER.1;IrrrS; REQ,UIRING EACH PERMITTEE TO PAY IN ADVANCE CERTAIN FEES FOR THE USE OF THE STREETS; AND THE AMOUNT ri':cl.'Ei-XOF; RE- QUIRING EACH PERl.IITTEE TO FILE A STATEliIEN'l1 "'ITH THE CITY CLERK SHO~'.II~G THE ~~Ulo1mR OF VEHICLES PROPOSED TO BE OPERATED BY HIlwI UNDBR SUCH P:Gffi.rIT ~ TOGETliER ,'lITH '.THE ~IAKE~ r.WTOR NUMBER~ STATE LICE~SE ~~MB}:R A~~ MODEL OF EACH; PROHIBITING THE HOLDER OF A PEili,,~IT FROH OPERATING ANY TAXICAB NOT O~'!NED BY HItJ!; REQUIR- ING EACH PERHITTEE TO O\RR.Y PUBLI C LIABILITY AGAINST INJURY TO PEnsONS AND PROPERTY AND REQUIRING SUCH POLICIES OF INSURANCE TO BE FIL~D ':lITH THE CITY CLERK; l-iAKING ANY VIOLATIOiJ Oli' THIS ORDINANCE A 1~IISDElvjEANOR AND PRESCRIBING PENALTIES Tffi:.:P.EFOR, BE IT ORDAIN~D BY THE CITY CO~o1ISSION OF THE CITY OF LA PORTE: Se cti Q.!L..!. By the term II taxi cab II as used in this ordine.nce is meant any and.. all vehicles carrying pe.8sengers for hire, ex- cept motor buses or motor coaches operated by bus lines 0 ~r d.e- signated routes in ~nd through said City. Section 2. The term "conduct a. t.9.xicab business" as used in this ordinance shall be held to mean the use of one or more taxi- cabs 't.rithin the corporate limits of the City of La Porte, by the olmer thereof, for the purpose of carrying passengers for hire, either by driving the same himself or having the same driven by some other .:~erson~ provided that tilis d.efini tion shull not a:pply to any licensed chauffeur hired as a driver b.1 any person, firm or corpore,tion holding a permit to conduct a taxicab business in the City of' La Porte. Section 3. Before any person, firm or corporation shall con- duct a taxicab business in the City if La Porte he shall file with . the City Clerk an ap~lic~tion to the Commission of said City for a uermit to conduct such business in said City; the ~~plication shEl.ll st.9.te the name anc!. address of such applicant, whether the applica.nt is an individual, firm or corporation, anQ if a firm, the n8me e~d address of each member thereof ana the number of vehicles proposed to be operated under such permit. e . tJ, Se_c..tion 4. If the applicant is an individual, before any perm"j.t is gre.nted, it shall be me,de to e.ppeaI' that he is a bona fide resident of the City of La Porte; if a partnership, then that the member of the firm ll\nO ~lill be in active che,rge and control of tho affairs of the partnership, is a bona fide resident of said City; and if a corporation, that the president, or other executive officer, in active cherge 8.nd control of the affairs of the roorporation is a bona fide inhabitant or resident of the City of La Porte. e Section 5. It shall be the duty of the City Clerk, when an applicF'tion for a 'Cerroi t is filed "rith him, at the next regular meetin' of the City Commission follm.:ring the filin~ of such applicption to call the attention of the Co~~issioners t~ereto; and upon consideration of such application, the City Commission may brant or refuse such permit, as in its discretion may seem to the best interest of the citizenship of the City of La Porte, and the public in general. Section 6..!. All permits for the oonduct of a taxice.b business in the City of La Porte shall be issued and signed by the City ~ Clerk of said City and sealed with the seal of his office; it she,ll be dated on the day of its issuance; shall bear a serial num1::er; shall sho~T the name B.nd address of the permittee; and that the permittee has been authorized by the City Commission of the City of La Porte, to conduct a taxicab business in said City until the expiration of the 31st day of December next follow- in~ the date of issuance; and thet said permit is subject to can- cellation at any time by the City Commission. ~ction 7... At the time of issuance of a permit, t~e permittee n-,- II h "-~ L IVJP~ u. shall pe.y to the C1 ty Clerk the sum of ..-..-y +- ........,L, ~, '&P.. (G_~~~ )Dollars for each t~~~~E to be operated in the City of e La Porte for a twelve month period ending December 31st; provided that, if suCh permit 1s granted for less than the full year, the permittee shall pay to ~he City an amount prorated according to e e e the number of months for which the permit is issued. Each per- mittee shall file with the City Clerk a statement in ~~iting under oath sip;ned b"T him, showing the make, model, motor number and state license number of each taxicab. If at any time the holder e of a taxioab permit shall desire to use any additional vehioles under the per~it he may do so only after he has made eyplioation to the City Commission for a permit to operate such additional vehioles and has had his a9plioation for suoh permit granted,and he shall furnish to the City Clerk the same information regarding suoh additional vehioles as is required in this seotion regarding those covered b~T the original permit, and shall pay to the City Clerk the fee ~s herein 9rovided. Seotion 7a. Each operator of a taxi cab busine ss holding a per- mit ShE.ll make 8.n.-9: file. an. ~~!..i_t,",!m,~.!1~~~t~n.~,~,",}~l~~..,...Q( e,aoh month statin: under oath the gross reoeipts received during the preoeeding month from the operation of each suCh taxioab. At the expiration of the 31st day of Deoember next following the date of iSSUE.nce of each permit, all suoh affidavits 't"lill be reviewed and an adj~stment will be made by and between the City ..-.-.-_.=--.....~.~ .......... ...._.=::..::_ ~1:.~'_.."1Z<...~''':~_;..''....z:, ~r'",_", e and the oper~:,tor of su ch taxioab so the.t su ch ,opere. tor shall pay to the City e. total sum, inoluding the permit fee reQu.ired by '""".1!eotion 7, eC:,ual to two (2%) per oent of the gross l"eoeipts from the operation of his taxioabs in the City of La Porte for the period for 1:'1hich said permit wE\.S gre.nted. Seotion 8. The holder of any permit to oonduct 8. tf',xioa b e business in the City of Ls. Porte she.ll at all times cLurin(~ the life of such permit kee'O each ana. every veiliole operE,ted by him under his ~ermi t insured in e. OO:clpany authorized to (~o business in Texas, inc.er.mifyin~~ the permittee in the sum of ~l,OOO.OO for injury D:i:' clee.th or property damage resulting from any aooident, throuf?h and b;T reason of the operation of his taxioabs; a,nd such polioies or certificates of insur~nce shall re ~pproved by the City Attorney of said City, and filed B.nd left 'toli th the City e . . Clerk of the City of La Porte. Said policies of insurance shall not be cancelled or surrendered, except upon ~Titten notice to the City Clerk of said City of La Porte. Failure of any per- mittee to procure end file the policies of insurance as required by this section shall immediately forfeit and make null and void such permit ~nd ell rights thereunder shall at once cease. Section 9. Every holder of a permit granted under the terms ~4- d;;~~'1d3 of this ordinance shall have and keep^~~~-eolep&, ./~ J <;{- +, ~';:.,.. ..~.~ -;y..c contrasting ';1i th color of vehicle, on"ea.ea.-ah'l:e of el'.ch end every - vehicle used b,o him as a taxicab, the "Tords: II Taxi---Permit NOe_", filling the blanlt with the fiBures denoting the serial number of his permit. The letters and figures shall be not less than five inches in height. Section 10. It shall hereafter be unla.wful for 8,ny person, I' firm or corporation holding a ~ermit to conduct a taxic~b business in the City of La Porte, to permit any person who does not hold a. v~.li(l !,:lerr.ltt from the City of La Porte, a.s a taxice,b driver, to drive or operate on the public streets of the City ot La Porte any taxicab o~~ed or used in connection with the busiress of the permittee. Section 11. Every h~lder of a permit to conduct 2. taxicc.b business in the City of La Porte, shell have each and every taxi- cab used in his business inspected once eaCh month, an~ shall file 'ori th the City Clerk on or before the first day of ee,ch c.nd every month, 80 stEte:nent in l>Tri ting signed by a competent resident mech~nic showing that he has inspected such ~hicle, the date of such inspection, the license num"oor of such vehicle or vehicles, the name of tfle permittee and the serial numOer of his germit, . B.nd thet the lights, brakes and. steering appara,tus of 8011 such vehicles so inspected by him are in good mechanical condition. Section 12. Anp permit issued unuer the ~rovisions of this ordinE',nce sh.?ll be nonassignable, and may be revoked by the City e . e Commission at any tiJIe it shall a"';.pee.r to said Commission that the permittee has violated any provision of this ordin~nce or failed to corr:ply 'N1. th any requirements hel"eof. Sectio~. It shall hereafter be unla~~ful for any driver of any taxica,b to drive or cruise about on the streets of the Oi ty of La Porte seeking pE'.ssengers, who have not theretofore ordered or called for a taxicab. e Section 14. It shall be unlawful for the holder of any permit issued under the terms of this ordinance, or the agent, servant or employee of s"Jch permittee, to park or leave standing any taxiceb on the streeta of the Oi ty of La Porte except ~lhile loeding and un- loading passengers into and from suCh taxicab. Sec~ion 15. It shall hereafDer be unlB~fful for any person conducting a taxicab business in the City of La Porte to use or operate, or cause to te used or operated, as a taxicab, any vehicle not olmed by him. e Section 16. The v:"ord ":person" and all personal pronouns used herein shall be held to G.:yply to and include partnerships, firms anD. corporations, as t.rell as individuals. Section 17. This ordin~nce shall not a~~ly to passenGer busses operatinR under the regulations o~ the Railroad Commission of Texas, and ooilling into or passing through the City of La Porte for the ~urpoFe of loading and unloading passengers. It Section 18. Any uerson who shall conduct a taxicab business - - 1n the C1 ty of' La Porte, vi 1 thout a vc9,lid permit 2.S req-J.ired by this ordinanre, or who shall fail to have all vehicles used by him as a taxicab lettered and painted as provided in Section 9 hereof, or who shall use or eID910y as a driver of any t~cic~b o~~ed by him, any persoc who does not have av~lid permit from the Cit~T of Ls Porte to drive a taxicab, or any person who parks or stends a taxic~b on the streets of the City of La Port, except .., ~ .- e .-" "- . ~~ ( ~ . . t>lhen loadinf:; or unloadinB passen[;ers, or any person t"lho viola.tes any provision of this ordine.noe, shall te f;uilty of a misdemea,nor and upon conviction be punished b:,r a fine of not more than One Hundred (~100.00) Dollars, and eaoh day of suoh violation shall constitute a separate offense. Seotion 19. All ordinanoes ~parts of ordinanoes in oonfliot are hereby repealed. Seotion 20. If any seotion, or any part of any seotion of this ordinanoe silall te held inve,lid for any re::Lson, suoh invalidity of any section hereof" or any part of any section hereof, shall not affect the validity of the remaining sections or portions of sections of this ordinance. This ordinance shall tf'.ke effect and be in force from and after fin~l passage and legal publioation as required by the Charter of the City of La Porte, Texas. PASSED AND APUOVED this ths .t ~ If day of ~ ~ A.D.19S0 . ,t: F J ~ ~..! ..,..,,~ tr. ,~.... ^ .1 .( ~ "," " ~ ' .;. .3o~. :', ~L: );( -, ~ /: l -l ~~ r!;