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ORD CC 09/02/1941 - Taxicabs BE IT ORDAINED BY THE CITY COUNCIL OF TAM CITY OF HUNTSVILLE, TEXAS: SECTION I: DEFINITION OF TERMS I Unless it appears from tiie context that a different meaning is intended, the following words shall have the meaning attached to them by this Section: 1. The word "street" shall mean and include any street, alley, avenue, lane, public place or highway within the corporate limits 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 transporting passen- gers upon or over the streets of the City of Huntsville, 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 of the State of Texas and buses hauling or carrying school children on a regular scheduled route. 3. The word °person" shall include both the singu- lar and plural, and shall mean and embrace any person, firm, corpor- ation, association, partnership, society or trust. I SECTION II: rERYIT AND AFB LICATIOI'a THEREFOR 1. No person shall hereafter operate a taxi or cab within the corporate limits of the City of Huntsville, Texas, without first having made application for anL procured a rermit from the City Council of the City of Huntsville, Texas, permitting and authoriz- ing the operation thereof under the provisions of this Ordinance. 2. Any person desiring to operate a taxi or cab within the City of Huntsville, Texas, shall make 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 dis- close, among other matters that may be required by the City Council from time to time, the following: _1_ (1) Facts shoving that there exist the public convenience and necessity for such operation. (2) The name, age, business and residential address of the applicant. (3) The experience of the applicant in the operation of a taxi or cab business, and the type of service to be furnished. (4) The place or places of residence of the appli- cant .for the five years next preceding the filing of the application. (5) The business or businesses engaged in by applicant for the five years next preceding the filing of the appli- cation. (6) The number, kind, character, condition,year, model and make of all vehicles to -be operated by applicant, whether eacKI of said vehicles are fully paid for and are free and clear of all liens, and the nature, amount and to whom any sums are owing on each of said vehicles. (7) A complete, full and detailed financial state- ment shoring the kind, character, description, location and value of all assets of the applicant, and the kind, character, description, holder and maturity of all liabilities of the applicant, and which said statement shall show 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 calculated to affect the physical or mental condition or strength of applicant. (9) ,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 disease. -2- (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 furnished as to each person interested in or a member of applicant' s business. (13) Such other and additional information as may be required by the City Council from time .to time. SECTIOT; III: _ERRING OF AND ACTIOIi ON ArFLICATION. 1. At a regular meeting or at a meeting called for -such purpose, the City Council shall hear and pass upon all appli- cations filed hereunder. The Council shall first determine whether the public convenience and necessity requires the operation of such taxis or cabs, and shall investigate the fitness of the applicant to operate such business, and in so doing, among other things, shall give weight and due regard to the following: (1) The probable permanence and quality of the service to be furnished by the applicant. (2) The financial ability and responsibility of the applicant. (3) The character and condition of the vehicles to be used by the applicant. (4) The experience of the applicant in the trans- portation of passengers for hire in automobiles or motor vehicles. {5) The adequacy of the taxi or cab service and other forms of transportation for passengers already existing in the City. -3- (b) The physical, moral and mental fitness of the applicant. 2. The City Council shall have authority to either grant a permit for which an application 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 and determines 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 applicant is not a fit and proper person to conduct such business it shall forth- with refuse such application and no permit shall be issued to such applicant; and provided further, that th✓ 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 appli- cation and that he is a fit and proper person to operate such business. J. Should the City Council determine and find that the public convenience and necessity requires the issuance of a perrait and that the ap,-licant is a fit and groper 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 charges required hereunder and has complied with all of the provisions of Section VI of this Ordinance, the Council shall order the issuance of a permit which shall state the number of vehicles ,ermitted to be operated thereunder. SECTION N: ISSUANCE OF PEFd,.rIIT, DURATION AND RENEWAL 1. 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 authorized to be operated thereunder, and ithich permit shall be countersigned -4- ' J by the City Secretary and shall have the seal of the City of Hunts- ville impressed thereon; 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 all fees and other charges required hereunder, shall have provided the bond or insurance in lieu thereof, as hereinafter provided, and shall have shown that all taxes levied and assessed by the City against the vehicle or vehicles, 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 effective for the remainder of the calendar year only and 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 here-'Ma'ter provided. 3. All permits or renewal permits issued hereunder shall be non-transferable without the consent and approval of the City Cou?.cil and without the prior payment by the transferror to the City of the sum o.L$ ,6 0° Dollars per car for each car authorized to be operated under such permit, and no transferree small be per- mitted to operate under such ypermit until the City Comptroller has endorsed thereon under her hand and seal of the City a certificate showing that permission 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. 4. 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 small immediately cease, be inoperative, become null and void and be of no further force and effect. 5. Should t-e holder of any uermit or renewal permit desire to operate thereunder after the 31st day of December of t_-Ie year of its issuance, he shall file an application for -5- the renewal of such permit or renewal permit on or before the lst day of December of such year of its expiration, and shall pay the inspection fees and other charges herein required, make proof of payment of all taxes as herein provided and provided the bond or insurance in lieu thereof as herein required for original permits, which said application need not contain the requirements herein provided under iSection II 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 renewal per;2its effective as of the 31st day of December of the year in which such permit or rene,?al permit was granted, and in such event the holder of such per:. it 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. SECTION V; CHAUFFEUR'S LICEP SE FOR OPERATION OF TAXI: 1. No person shall be permitted to drive or operate a taxi or cab 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 application for and procured a chauffeur' s license from the City Counicil cfthe City of Huntsville, Texas. 2. Any person desiring a chauffeur' s license for the operation of a taxi or cab within the corporate limits of the I City of Huntsville shall file an application for such license with the City Councilcf the City of Huntsville, Texas, and pay all fees and charges required by this Ordinance, which said application shall contain, among other things, the following information: (1) 4 showing that said applicant is the holder of a chauffeur' s license issued by the State of Texas and the number thereof. -6- 1 (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 driving of passenger automobiles. (4) The place or places of residence of the appli- cant for the five years next preceding the filing of the application. (5) The business or businesses engaged in by the applicant for the five years next preceding the filing of the application. (6) Tfhether 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 diseases. (8) Whether applicant has ever been convicted of a felony or a misdemeanor in this or any other State, if so, a I complete statement of the offense, the Court wherein and the time when the convictior :-as 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 Huntsville, Texas, such chauffeur's license shall be granted. Said license shall be in writing signed by the Mayor and attested by the City Secretary and have the corporate seal of the City impressed thereon, and shall be effective for the remainder of the calendar yeap in which it is issued. 4. 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 any person violating this section of this Ordinance. -7- SECTION VI: FEES, CHARGES AND BOND REQUIREIM T8 I. 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 i property by reason of the negligence of the holder of such permit, his agents, servants or employees, in the operation of any taxi or cab within said City, which said bond shall be in the penal sum of not less than Five Thousand ($5,000.00) Dollars covering TV,'0 TH017S LND FI'a' Et'r DIED ($2,500.00) property damage, and not less Dollars F l'TE (" 5,00o.00) for one person and/ Thousand Dollars for all persons injured in the sane accident, and which said bond shall be subject to the approval of the City Comptroller as to its form and the sufficiency of the sureties, 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 permit. 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 velYcles 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 Colledtor of Tees for the current year for which such permit or renewal permit is sought, 3. 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 S.OD Dollars per car for each car or vehicle for the operation of which as a taxi or cab the permit is sought, which said sum.shall be an inspection fee to cover the cost of inspecting the vehicle or vehicles. 4. All applicants for a chauffeur's license to drive a taxi or cab within the corporate limits of the City of Huntsville, 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 ($1.00) Dollar I which shall be a fee or charge to cover the cost of an investigation. of the character and fitness of such applicant. SECTIOIv VII: GENERAL PROVISIONS 1. The City Council shall d esir�nate such number of garages or mechanics as it deems necessary and advisable as official garages or mechanics authorized to inspect and examine taxis or cabs operating hereunder. The City Council may from time to time, as it deems advisable, not more often than at thirty day intervals, require the holder of any permit issued hereunder for the operation of a taxi or cab business to have all taxis or cars operated by the holder of such hermit thereunder to be 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 con- dition of said taxi or cab. For all taxis or cabs found to be in good mechanical condition and to be safe 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 ovrner 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 shown_ to be -a- I 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 safe for such operation and until such time as a certificate showing such facts shall have been issued by the said City Comptroller; provided, however v that should the holder of anypermit issued hereunder fail at 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 may, without further or other proof, j revoke and cancel such permit or renewal permit theretofore issued to such owner. SECTION VIII: IiTENTION 1. If any section, sub-section, sentence, clause or phrase of this Ordinance is, for any reason, held to be un- constitutional, 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 declared unconstitutional. SECTIOIt IX: LLiITATION I 1. The provisions of t--.,is Ordinance shall not apply to persons operating bus lines passing through the City of i Huntsville, Texas, having apermit from the Railroad Commission of the State of Texas, nor tothe operation of buses hauling or carrying school children to and from the schools operqted within the City of Huntsville, Texas SECTION X: PENALTY I L. Any person violating or failing or refusing to comply with any of the provisions of this Ordinance shall be I -10- I � ; guilty of a misdemeanor and upon coviction thereof shall be pun- ished by a fine not less than One ($1.00) Dollar nor more than One Hundred ($100.00) Dollars 2. Each and every act constituting a violation of this Ordinance and each and every failure or refusal to comply with any of the provisions of this Ordinance shall be a separate offense and shall be punishable as such. 3. In addition to the other remedies provided, the City reserves the right to file in the proper Court of this State having jurisdiction of the subject matter a suit for injunction and to enjoin the use of the streets of the City of Huntsville by any person operating a taxi or cab business in violation of any of the terms and provisions hereof and without having procured the permits or licenses herein provided for. SECTION XI: EMERGENCY 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 emergency and this Ordinance is hereby declared to be an emergency Ordinance and shall take i effect immediately after its passage, approval and publication. �I I i The above and foregoing Ordinance was duly sub- mitted to the Committee on Ordinances for its investigation: and recommendation on this day of September, 1941. ATTEST: MAYOR, CITY OF HU : ILLE,, TEXAb. CITY SECRETARY III I �I I -We, your Committee of Ordinances, to whom the above and foregoing Ordinance was referred, have examined the same and made an investigation thereof, do hereby return the same, and recommend its passage and approval this __Z_ day of September, 1941. EE ON ORDINANCES- Passed and approved this day of September, 1941. nn X� MAYOR, CITY Or I3u1�_T ATTEST; CITY SECRETARY i I I I it gill -12-