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HomeMy WebLinkAbout41 02-13-1956ORDINANCE NO. 41 AN ORDINANCE PROVIDING FOR THE REGULATION AND OPERATION, OF PUBLIC VEHICLES FOR HIRE IN THE CITY. OF EULESS, TEXAS; DEFINING TERMS; REQUIRING A CERTIFICATE OF PUBLIC NECESSITY AND CONVENIENCE AND PROVIDING FOR THE APPLICATION AND CONDITIONS 'WHEREOF; PROVIDING FOR THE SUSPENSION AND REVOCATION OF SUCH CERTIFICATES; PROVIDING FOR THE INSPECTION OF PUBLIC VEHICLES; REGULATING STANDS; PROHIBITING THE PARKING OR DETAINING OF PUBLIC VEHICLES ON ANY STREETS WHILE WAITING FOR EMPLOYMENT; PROHIBITING CRUISING OR THE SOLICITING OF PATRONAGE ON THE STREETS; PROHIBITING ANY PERSON FROM HOLDING HIMSELF OUT AS AT OPERATOR OF A PUBLIC VEHICLE WITHOUT A LICENSE; REQUIRING THE OWNERS AND OPERATORS OF PUBLIC VEHICLES TO KEEP A DAILY RECORD OF THE BUSINESS DONE BY THEM; REQUIRING DRIVERS OF PUBLIC VEHICLES TO SUBMIT TO A PHYSICAL EXAMINATION AND SECURE A PERMIT; PROVIDING FOR A FEE FOR RENTAL FOR USE AND OCCUPANCY OF STREETS, ALLEYS AND THOROUGHFARES TO BE PAID BY OPERATORS OF PUBLIC VEHICLES; EXCEPTING CERTAIN CLASSES OF VEHICLES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEN D GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE OF NOT LESS THAN $10.00 NOR MORE THAN $200.00; EACH DAY THAT SUCH VIOLATION CONTINUES SHALL CONSTI TUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING IN CASE OF WILLFUL VIOLATINA HEREOF, SUCH VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE AS A MISDEMEANOR SHALL NOT PRECLUDE THE CITY OF EULESS, TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVE IT BY THE LAWS OF THE STATE OF TEXAS, BUT SHALL BE CUMMULATIVE AND SUBJECT TO PROSECUTION AS HEREINABOVE PRESCRIBED FOR SUCH A VIOLATION; PROVIDING A SAVING CLAUSE; PROVIDING THAT SUCH ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. "WHEREAS, the population of the City of Euless, Texas, has increased to the extent that there is now a demand for taxicab service within the limits of the City; and, W- HERLAS, it is deemed expedient and in the interest of the public i%rglfare that the City of Euless should require those operating public vehicles for hire within the corporation limits to first obtain a certi.fica.te of convenience and necessity and to pay a reasonable compensation or rontal for the privilege of the use and occupancy of its streets, alleys, perks and other public places. T Mr- AS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, I. The following definitions are hereby adopted and declared for the construction of this ordinance: (a) The word B° street" shall mean and include any street, alley, avenue, lane, public place or highway within the corporate limits of the City of Euless. (b) The term aopublic vehicle" shall mean and include any motor vehicle operated within the corporate limits of the City of Euless for the purpose of carrying passen- gers for hire, except motor buses operating on fixed routes as hereinafter specified, specially eh ,,,rtered buses and driverless cars. The term shall also include motor driven vehicles with or without a taximeter and hired or rented where rates are charged on the time basis or otherwise. (c) The word B°personB° shall include both singular and plural and shall mean and embrace any person, firm or corporation, their agents, servants and employees. (d) Pronouns in the masculine gender shall include; the corresponding word in the feminine or neuter gender. Ii. No public vehicle hall hereafter operate for the transportation of persons as passengers for for or hire within the cor- - 2- porate limits of City of Euless without First having obtained from the City Council of the City of Euless, Texas, under the provisions of this ordinance, a certificate declaring that the public convenience and necessity require such operation and without having a license as herein provided. ITT. APPLICATICN for a certificate of public convenience and necessity for the operation of public vehicles within the City of Euless shall be made to the City Council and shall set forth the name and address of the applicant, the trade name under which the applicant does or proposes to do business, the number of vehicles the applicant desires to operate,, the class, seating capacity, design and color scheme of each vehicle and the lettering and marks to be used thereon, whether or not the applicant has been convicted of the violation of any national, state or municipal law, and whether or not the applicant or any person, firm or corporation with wham he has been associated or employed has claims or judgments against him for damages resulting from the negligent operation of a public vehicle, the financial ability and responsibility of the applicant, his ability to respond in damages in the event of injury to person or damage to property by reason of the negligent operation of a public vehicle, and, if the applicant is a firm or corporation, its organization and personnel, the nature and character of service, that the applicant proposes to render, facts showing the demand for such service, the experience that the applicant has had in rencl,_Ting such service and the period, of time that he has rendered, it in Euless, the price that he proposes to charge for such service, facts showing that adequate and dependable service can be rendered, for the prices stipulated and that they are not in excess of fair and reasonable charges to be made for such service, and any other information as may be required by the City Council. IV. THE City Council shall make or cause to be made such investi- gations as it may consider necessary, including any hearings that it may deem desirable, as to any applications for such certificates and shall determine whether or not the public convenience and necessity require the operation of such vehicle or vehicles and whether or not the applicant is fit and proper to conduct such business, and may investigate the fitness of the officers and stockholders of any corporation making such application; and, in determining whether or not tea certificate should be issued, the City Council shall give weight and due regard, among other things, to (1) probable permanence and quality of the service offered by the applicant, the experience that the applicant has had in rendering such service, the past experience of the applicant in adjusting claims and paging judgment, if any, to claimants as a result of injuries received from the negligent operation of public vehicles; (2) the financial ability of the applicant to respond in damages to clainxs or judgments arising by reason of injury to person or damage to property resulting from negligent operation of -3- a public vehicle; (3) the prices the applicant proposes to charge for the service to be rendered will not exceed that which is pro- vided by ordinance of the City in effect at time of filing said application; and (4) the character and condition of the vehicles to be used, THE evidence in any i.nvF,stigation, inquiry, or hearing may be taken by the City Council or by any Councilman, agent or employee to whom such investigation, inquiry or hearing has been assigned by the City Council, and every finding, opinion. and order made by the City Council_, or by such Councilman, agent or employee a.s above specified pursuant to such investigation, inquiry or hearing, when adop' cad, approved or affirmed, by the City Council, shall be the finding, opinion or order of the City Council. V. IF the City Council finds that the public convenience and necessity require the operation of a greater or lesser number of vehicles than that for which the certificate has been applied and the applicant is fit to conduct the business and that the other requirements herein have been complied with, the Mayor, under the attest of the City Secretary, shall issue to said applicant a certificate of Public Necessity and Convenience accordingly. If It finds that ;��ublic convenience and necessity do not require the operation of any such vehicles or that the applicant is not fit to conduct such business, it shall forthwith refuse such application, and no certificate or license shall issue to such applicant. SUCH certificate shall not be transferable without the consent and approval of the City Council had after application and hearing as provided upon original application by the person to vihom the certificate is issued, but the applicant may, by atppro,priate endorse- ment made on such certificate under the direction of the City Council substitute another vehicle or vehicles in the place of that for which 'the certificate was granted. IT is further provided that, should the City Council.. find that public convenience and necessity at any time require additional taxicab service, preference shall be given to the persons or companies operating existing service„ should they be will -ng to furnish it VI. UPON presentation of said certificate within thirty days of its date and satisfactory evidence that all rent fees have been paid to the City and that such other fees and taxes, including ad valorem taxes, as may be required by law, have been fully paid, the i° ayor, under the attest of the City Secretary, shall issue to applicant a license for each and every vehicle specified -in said certificate; provided, however, that any certificate issued. hereunder shall be effective until cancelled, and no additional certificate or certificates shall be required for the purpose of obtaining a license so long as m t� the original certificate remains in effect and the applicant strictly complies with all the requirements and provisions of this ordinance, and provided further that such owner or operator of a public vehicle for hire shall be strictly limited to the character and type of operation as evidenced by such application and as speci- fied in such certificate and license. NO license f(7r the operation of a public vehicle shall be issued, nor shall any public vehicle be operated within the City of Euless, unless and until the City Council has issued a certificate under the terms and provisions of this ordinance that ,-)ublic conven- ience and necessity required the operation thereof. VII. THE City Council shall from time inspection of public vehicles, and if unfit or unsafe for operation, notice of the certificate and license tl.1e1 °eo be operated thereafter until the same fit condition. to time cause to be made an any vehicle shall be found shall be given tothe holder f, and such vehicle shall not has been put in a safe and VIII. IT shall be unlawful for any public vehicle to stand waiting employment upon any public street or public property within the corporate limits of the City of Euless, but it must stand and remain, except while in the immediate act of discharging or taking on passengers, upon and within private depots and grounds upon private premises. Ix. NO owner, employee or other person in behalf of the owner or operator of any public vehicle shall solicit by word, signal or otherwise patronage for such public vehicle on any public street or public property or sidewalks of said City, and public vehicles are prohibited from cruising, seeking employment or in any manner soli- citing by word, signal or otherwise patronage for such vehicles while in operation or in use upon any public street or public property. X. NO person, firm or corporation shall use the terms "Taxi°l or "Taxicabs' or "for hire automobile" or "For hire cars' or "auto rental" or in any ti1Tay advertise or hold themselves out as a taxicab or for hire automobile compani, " or operator or represent themselves to be such by means of advertisements, signs, trade names or otherwise unless they have previously thereto complied with the conditions, regulations and restrictions proscribed by this ordinance. 5- Xi. THE owner or operator of public record of the transportation or trip record shall show in detail 'the hour return of each trip, its destination of the vehicle. )ai. vehicles shall keep a daily s of each vehicle, and such and place of departure and and the name of the operator NO person shall drive or operate a public vehicle in the City of Euless unless he has been issued a permit to do so by the City ITarsha`? , which sha.11 be granted only after submitting himself to a physical examination which shall show that he is physically able to perform such work, and in his applic -ation he shall state his name, street addrrss, age, period of experience in operating public vehicles, that he is not addicted to any habits that would impair his physical ability:.to operate such vehicle; whethcyr or not he has ever been convicted of any offenses against the laves of the City, Stag, or Nation, and if so then the nature of such convictions, his place of residence for 'the three years preceding the date of such application, the length of his residence in said city, imnlediately prior to the making thereof, and such other information as the City 111arshal may require. This permit shall be in force and effect for one year from the date of its issuance unlessotherwi se cancelled or -revoked by the City Marshal. MI. THE City Council at the time of issuing a Certificate of Public Convenience and Necessity shall charge each grantee herein a reason- able rental based upon the number of taxicabs operated, streets and thoroughfares used, number of miles 'traveled thereon, and the number of passengers transported, as compenration for rental for the use and occupancy of the streets and thoroughfares of City of Euless; such rental to be paid at the office of the City Secretary in accordance with the terms and provisions of the said certificate. The City Council may at any time increase or decrease such rental charge due to a change in conditions or an increase or decrease of the use of the streets of the City, after 'ten (10) days notice to any and all persons operating in the City pursuant to a certificate of public convenience and necessity issued pursuant to the provisions of this ordinance; provided that such rental charge shall not ex- ceed two (2) Percent of the gross receipts per annum received by license in the operation of said business. XIV. THE operation of public vehicles as herein defined shall be subject to the conditions, regulations and restrictions herein set Forth, and it shall be unlawful to operate or cause to be operated in said City any public vehicle unless a license therefor shall have been issued to the owner thereof in accordance with the conditions, regulations and restrictions herein prescribed. However, this ordi -- -6- nance shall apply only to vehicles operating wholly or principally within the corporate limits of the City of Euless and shall not affect motor bus companies as defined within regulated by the Motor Bus Transportation Act as passed by the Fortieth Legislature of the State of Texas, and it shall not affect motor buses operating on fixed routes and upon fixed schedules of time and fare, specially chartered buses, sight - seeing buses, driverless cars or motor buses owned and operated by any street railway company under authority of the general laws of the State of Texas. XVe A description of the owner's license and the driver's permit shall be attached to the vehicle in some conspicuous place where it may be easily seen by the passenger or passengers and shall state the number of the car licensed and such other facts as will properly Identify it, the dates that the said license and the permit were issued, and any other information that may be deemed proper by the City Marshal m XVT THE officers charged with the duty of enforcing this ordinance will promptly report any violations of the provisions herein or any other valid ordinance passed by the City Council, or any facts showing a change in the conditions existing at the time the license to operate any public vehicle or vehicles ioTa.s issued, which shall subject the certificate of necessity and convenience that may be granted hereunder to cancellation. The same may be cancelled after- ten (10) days notice, and after a, full nearing thereof if in the discretion of the City Council the same is in the oublic interest. XVII THIS ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Euless affecting traffic on its streets and shall not operate to repeal or affect any such ordinance or ordinances except insofex° as the provisions of such ordinance or ordinances are inconsistent or in conflict with those provisions of this ordinance, in which instance or instances those provl_:iions shall be and they are her eby. L r ep eal ed XVI%I. SHOT-LD any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts which may be unconstitutional at the time of the passage of this ordinances lily„ (a) Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed g silty of a. misdemeanor and the person, firm or corporation, or an employed, agent, manager or officer thereof, who is guilty of violating any of the provisions shall upon conviction thereof, be fine. in any amount not less than 4 10.00 nor more than 4 200.00 for eadh offense, and in case of wilful or continued violations by any person, firm or corporation as aforesaid, or their agents, employees, servants, or officers, the City shall have poi, ,,er to revoke and repeal any license under which said person, firm or corporation may be acting, and revoke all permits, privileges and franchises granted to said person, firm or corporation aforesaid. (b) But in case of any wilfu , violation of any of the terms and provisions of this ordinance, the ity of Euless) Texas, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in any court having proper juris- diction, to restrain, correct, or abate such violation; and the definition of any violation of the terms of this ordinance as a mis- demeanor shall not preclude the Git;,, of Euless from invoking the civil remedies given it by the laws of the State of Texas, but shall be OLMulative and subject to prosecution as hereinabove prescribed for such violations. Xx THIS ordinance shall become; effective and be in full force and effect from and after the date of its adoption and publication as by law provided. ADOPTED thhis � of A. Do 1.95 �e i .--I APPR OVA D MAYOR /