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ORD CC 09/02/1941 - Taxicabs Original AN ORDINANCE Vesta,H.b .p. :321 _( J M IT ORDA110D BY THE CITY COUNCIL OF T13E CITY OF liUl TISVIILE, TMASs SECTION is Definition of termsm+*Unless it appears from the context that a different meaning is'isitended, the following.word shall have the meaning attached to them by this Section.. L. the word; nstreet" shall mean and include any street. alley, avenue, lane, publio .place or highway within the corporate lirsits of the City of Huntsville, Texas. 2.. The word "taxi" or "cab" shall mean, cover and embrace any vehicle for hire for the purpose of transportin; passengers upon or over the streets of the City of Hwntsville, whether operated wholly within the City or between.points outside of the City and points, within the City, except bus lines operating through the City and having a permit from the Railroad Commission o£ the State of Texas and buses hauling or carrying school children on a regular scheduled route. 36 The word "person'' shall include both the singular and .plural, and shall mean and embrace any.person, firm, corporation, association, partnership, society or trust, SECTION 2t Permit and application therefor. 1. No person shall hereafter operate a tax; or cab within the corporate limits of the City of Huntsville, Texas, without first having made application for and procured a permit from the City Council of the City of Huntsville. Texas, permitting 'and authorizing the op- eration thereof under the provisions of th4s Ordinance.. 2: Any person desiring to operate o taxi or cab within the City of Huntsville, Texas, shall mare application to the City Council of the City of Huntsville, Texas, for authority or permission to so operate. said taxi or cab, which application shall be in writing, be signed and sworn to by the applicant, and shall disclose,, among other matters that may be required by the City Council from time to time, the followings (1) facts showing that there exist the publics convenience and necessity for such operations (S) The native, age, 'business and residential address of the applicant. (3) The experience of the applicant in the operation of a taxi or ca'b business, and the type of service to be furnished. (4)' The place or placed of residence of the applicant for the five years next prew ceding the .filing of the applieatiosas (B) The business or businesses engaged in by applicant for the five years next pre- ceding the filing of the application. (6) The number, kind, character, condition, year, model and make of all vehicles to be operated by applicant, whether each of said vehicles are fully paid for and are free and clear of all liens, and the nature, amount and to Thom ansr.swas are owing on each.of said vehicles. (7) A complete, full and detailed f'inwaalil statement showing the kind, character, description., location and value of all assets of the applicant, and the kind, character, des- cription, holder and maturity of all liabilities of the applicant, and which said statement shall shoes which of said assets,: if any, are exempt under the Constitution and laws of the State of-Texas from the payment of applicant's debts, (8), 'Whether the applicant is addicted to the use of intoxicating liquor, morphine, cocaine or opiate, or any other kind of drug cdloulated to affect the physical or mental con- dition or strength of applicant. (9) Whether .applicant is deaf, partially deaf, near-sighted, or is laboring under any other physical or mental defom-iti-bs, or is affected with any contagious or infectious disease, (10) Whether applicant has ever been convicted of a .felony or a misdemeanor in this or any other State; if so, a complete statement of the offense, the Court wherein and the time when the conviction was had. (11) If the applicant is a corporation it shall also disclose its authority to do business in Texas, the amount of its capital stock; the amount subscribed and fully paid in, its home office, and the names and addresses of its officers. (12) If the applicant is a partnership, association, society„ unincorporated joint stock company or trust, all of the information herein required to be furnished shall be fur- nished as to each person interested in or a member of applicant's business, (13) Such other and additional information as malt be required by the City Council from time to time. SECTION 3t Bearing of and action on applications 1. At a regular meeting or at a sheeting called for such purpose, the City Council shall hear and pass upon all applications filed hereunder. The Council shall first determine whether the public convenience and necessity requires the operation of such taxis or cabs, and shall in-bestigate the fitness of the applicant to operate such business, and in so doing, among other things, shall give weight and due regard to-the followings. (1) The probable permanence and quality of the service to be furnished by the appli- cant. (2) The :Financial ability and responsibility of the applicant.. 3 The character and condition of the vehicles to be used by the applicant. 4)j The experience of the applicant in the transportation of passengers for hire in 96 +�20 automobiles or motor vehicles, (5) The adequacy of the tax4 or cab service and other forms of transportation for passengers already existing in the City. t6) The physical, moral and mental fitness of the applicant; 20 The City Council shall have authority to either grant a permit for which an appli- cation is made or to grant a permit to the applicant for a lesser number of vehicles than specified in the application, provided the City Council first finds anddetermines that the public convenience and necessity demands the granting of said permit and that the applicant is a fit and proper person to conduct such business; provided further that if the City Council determines and finds that the public convenience and necessity does not require the operation of any of such vehicles specified in the application, or that the applieant,is not a fit and proper person to conduct such business it shall forthwith refuse such applica- tion and no permit shall be issued to such applicant$ and provided further., that the burden shall be upon the applicant to establish the existence of a public convenience and necessity for the operation of the vehicles designated in the application and that he is a fit and pro" per person to operate such business. 3. Should the City Council determine and find that the public convenience and necessi- ty requires the issuance of a permit and that the applicant is a fit and proper person to operate such business, then after the applicant has furnished all the information required by the Council and paid all inspection fees and other oharges required hereunder and has com- plied with all of theprovisions of Section V1 of this Ordinance, the Council shalt order the issuance of a permit which shall state the nmber of vehicles permitted to be operated there- under. SECTION 4s Issuance of permit#. duration and renewals I* Within thirty days after the granting of such permit by the City Council, the Mayor shall issue to the applicant a,permit which shall state the number of vehicles author- ized to be operated thereunder, and which permit shall be countersigned by the City Secre- tary and shall have the seal of the City of Huntsville impressed thersong provided that no 'such,permit or,renewal thereof shall ever be issued until authorized by the City Council and until the applicant shall have paid %11 fees and other charges required hereunder, shall have provided the bond or insurance in lieu therof, as hereinafter provided, and shall have shocm that all taxes levied,and assessed by the City against the vehicle or vehioles, if due,, have been paid, and that said vehicle or vehicles have been rendered by the applicant to the City,Assessor and Collector of Taxes for the current year for which such permit or renewal thereof is sought. 2., All permits and renewals thereof authorized to be issued hereunder shall be effect- ive for the remainder of the calendar year only ands shall terminate, cease and be of no further force and effect after the 31st day,of December of the year of their issuance unless renewed as hereinafter provided, 3. All permits or renewal permits issued hereunder shall be nen�transferable without the consent and approval of the�� Ciiy Council and uri.thout.the prior paymont by the transferw ror to the City of the sun of $6*00 Dollars per oar for each oar authorized to be operated under such permit,. and no transferree shall be permitted to operAe under such permit until. the City Comptroller has endorsed thereon under her hand and seal of the City a certificate showing that peraission for the transfer has been granted by the City Council and that all fees and other charges required for such transfer have been paid to the City. 4o Should the holder of any permit, his agents, servants or employees, violate any of the provisions of this Ordinance the City Council may immediately cancel such permit so issued to such applicant and same shall immediately ceases be inoperative, become null and void and be of no further force and effect. 5.. Should the holder of any permit or renewal permit desire to operate thereunder after the 3lst day of December of the year of its issuances he shall file an application for the renewal of such permit or renewal permit on or before the let day of December of such year of its expiration, and shall pay the inspection fees and other charges herein required, maize proof of payment of all taxes as herein provided and provided the bond or insurance in lieu thereof as herein required for original permits, whic7d said application need not contain the requirements herein provided under Section 2 hereof for original applications for permits unless required by the City Council$ provided, however, that the City Council may without cause cancel any or all permits or nenewal permits effective as of the 31st day of December of the year in which such permit or renewal permit was granted,, and in such event the hold- er of such permit or renewal permit as may have been cancelled, should he desire to continue the operation of the taxi or cab business shall make application for a permit to operate such business the same as if no permit or renewal permit had ever been issued to him. SECTOON 5s Chauffeur*s license for operation of ta.iz 1. Wo person shall be permitted to drive.or operate a 'taxi or dab within the corporate limits of the City of Huntsville,, Texas, whether such person is the holder of a permit or is an agent, servant or employee of the holder of a permit, without first having filed an app- lioation for and procured a chauffeurts license from the City- Council of the City of runts- ville, Texas. 97 2r AY person desiring a chauffeur's license for the operation of a taxi or cab With- In the corporate limits of the City of Huntsville shall file an application for such license with the City Council of the City of Huntsville, Texas, and pay all fees and charges re- quired by th&s Ordinance, which said application shall contain, among other things, the fol� lowing informations (1) .A. showing that said applicant is the holder of a chauffeur's license issued by the State of Texas and the number thereof. (2) The name, age, business and residential address of the applicant. (3) The experience of the applicant in the driving of taxis or cabs and in the driv- ing of passenger automobiles, (4) The place or places of residence of the applicant for the five years next Pre- coding the filing of'the application, (5) The busines or businesses engaged in by the applicant for the five years next pre-• oeding the filing of the application. (6) Whether the applicant is addicted to the use of intoxicating liquor, morphine, cocaine or opiate, or any other kind of drug calculated to affect the physical or mental condition or strength of applicant: (7) whether applicant is deaf, partially deaf, near sighted, or is laboring under any other physical or mental deformities, or is affected with any contagious or infectious dis" eases, (8) Whether applicant has ever been convicted of a felony or a misdemeanor in this or any other State, if so, a complete statement of the offense, the Court wherein and the time when conviction was had, 3, Should the City Council determine that such applicant is a fit and proper person to drive a taxi or cab within the,corporate limits of the City of `?untsvillen Texas„ such nhauffenrts license shall be granted. Said license shall be in writing signed by the h ayor and attested by the City Secretary and have the corporate seal of the City impressed there- on, and shall be effective for the remainder of the calendar year in which it is issued, 49 No person shall drive or operate a taxi or cab without having his Chauffeur's License on his person or in his cab or taxi, and the City Council may, without other cause shown,, revoke and cancel the Chauffeur's License of my person violating this,section of this OrdLianoe, $ECTTON 6s Fees., charges and bond requirements-- 1,, No permit or renewal permit shall ever be issued to any applicant permitting the operation of any taxi or cab business within the corporate limits of the City of Huntsville, Texas, until such applicant shall have procured and deposited with the City Comptroller of the City of Huntsville., Texas, a good and sufficient bond subject to the approval of the City Comptroller and payable to the City of Huntsville, Texas, for the use and benefit of any person or persons who may suffer injury to their person or property by reason of the negligence of the holder of such pe=lt., his agents,; servants or employees, in the operation of any taxi or tarn within said City, which said bond shall be in the pedal sin of not less than Five Thousand (05®000,00) Dollars covering property damage, and not less than Twa Thousand Five Hundred (62,500.00) Dollars for one person and Five Thousand ($5,000.00) Dollars for all persons injured in the same accident, and which said bond shall be subject to the approval of the City Comptroller as to its form and the sufficiency of the suretiesi provided, however, that in lieu of such bond said applicant may procure and deposit with the City Comptroller an insurance policy issued by a company acceptable to the City Comptroller in the amounts provided for in said bond and providing substantially for the same coverage, which said insurance policy shall not be approved or accepted by the City :Comptroller unless and until satisfactory proof has been,made that all premiums due thereon have been paid for the duration of such permit or renewal pennit, 2. Concurrently with the filing of all applications for a permit to operate a taxi or cab business within the City of Huntsville, Texas, and all renewals thereof, the applicant shall file therewith proof of the payment of all taxes levied and assessed by the City against the vehicle or vehicles for the operation of which a permit is sought, if due, and that said vehicle or vehicles have been rendered by the applicant to the City Assessor and Collector of Taxes for the current year for which such permit or renewal permit is sought. u:. All applicants for a permit to operate a taxi or cab business within the City of Huntsville, Texas, shall pay to the City Comptroller concurrently with the filing of such application the sum of $5.00 Dollars per ear for each ear or vehicle for the operation of which as a tati or cab the permit is sought, which said sum shall be an inspection fee to cover the cost of inspecting the uehicle or vehicles. 4, All applicants for a chauffeur's license to drive a taxi or cab within the corpo- rate limits of the City of Hunt.sville., under authority of a permit issued to such applicants, or their employer, shall pay to the City Comptroller concurrently with the filing of such application the sum. of One (01,00) Dollar which shall be a fee or charge to cover the cost of an investigation of the character and fitness of such applicant. SECTION 79 General provisions; is The City Council shall designate such number of garages or mechanics as it deeps necessary and advisable as official garages or mechanics authorized to inspect and examine 98 taxis or, cabs operating hereunder The City Council mj4yifrdm:taz�v'.;to::timeB as it deems ad V. visable, not more often than at thirty day intervals, require the holder of any permit is- sued'hereunder for the operation of a taxi cr ocb bU.s=mess to have >?'l taxis or cars operat ed by the holder of such permit thereunder to me mechanically examined and inspected at an officially designated garage or by an officially designated mechanic at the cost and expense of the holder of such permit and to furnish to said Council the report of such official garage or official mechanic as to the mechanical condition of said taxi or cab. For all taxis or cabs found to be in good; mechanical condition and to be sage for use as a taxi or cab the City Comptroller shall issue a certificate of inspection showing that said cab or' taxi may be operated under the permit issued to the owner thereof and such certificate shall, be plainly displayed in said taxi. or cab at all times; provided that any taxi or cab not shown to be in a good mechanical condition and not shogun to be safe for use as a taxi or cab within the,City of Huntsville shall not be operated under such permit until such time as said cab is put in good mechanical condition and made sage for such operation and until such time as a certificate showing such facts shall have been issued by the said City Comptroller; provided, however,. that should the holder of any permit issued hereunder failat any time to have plainly displayed in all taxis or cabs operating; under such permit said certificate showing said cab or cabs to be in good mechanical condition and safe for use within the City for such purposes, the City Council stay, without further or other proof, revoke and cancel such permit or renewal permit theretofore issued to such owner, uC ION S# Intention"-If any section, subnsect3on, sentence, clause or phrase of this Or dinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have passed this Ordinance and each section,: sub-section, sentence, clause or phrase thereof irrespective of the fact that any one or more of the sections, sub-sections, sentences, clauses or phrases are deolardd. unconstitutional. ` SECTION 9; Limitationr-oThe provisions of this Ordinance shall not apply to persons operate ing bus lines passing through the City of Huntsville, Texas, having ,a permit from the Rail" road Commission of the State of Texas., nor to thhe operation of buses hauling or carrying school children to a_nd from the schools operated within the City of Huntsville, Texas, SPOT ION 103 '®nalty+> , s Any p®rson violating or failing or refusing to comply vAth any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction,thereof shall be pun? i.shed t�y e fine not less than One ($100) Dollar not more than One Hundred (01100,,00) Dollars, 2'0 Each and every act constituting a violation of this Ordinance and each and every failure or refusal to comt1--y with any of theprovisions. of this Ordinance shall be a separate offense and shall be punishable as such 3;p In, addition to the other remedies provided, the City reserves the right to file in the proper Court of Dais State having, jurisdiotion. of the subject matter a suit for inr junction and to enjoin the use of the streets of the City of Huntsville by any person oporat?- ing a taxi or cab business in violation of any of the terms and provisions hereof and withr out having procured the permits gar licenses herein provided for, SECTION Ils Emergenoy­-The fact that the City of Huntsville now has no adequate Ordinance regulating the'use of the streets in the operation of a taxi or cab business creates an emergenoy,and this ordinance is hereby declared to no an emergency Ordinance and shall take effect immediately after its passage, approval and publication., The above and foregoing Ordinance was duly submitted to the Committee on Ordinances for its investigation and recommendation on this 2 day of September, 1941, Ro 0. Stiernb�yrg ATTEST;t Mayor Celeste Robinette -City Secretary "�` We,, your Committee on Ordinances, to whom the above and foregoing Ordinance was re- ferred, have examined the same and made an investigation thereof, do hereby return the same, and recommend its passage and approval this 2 day of September, 1941, Wilbour Sbither .mod, ,tobinson r N�Boarborou. Committee on Ordinances Passed and approved. this 2 day of September; 1941. ATTEST: R, C. Stiernberg Mayor, City of Huntsville, Celeste Robinette Teas City Secretary 99