It shall be unlawful for any person to conduct a taxicab business within the city unless a written franchise therefor shall have first been obtained from the city council. Such franchise shall be in the form of an annual taxicab permit authorizing the operation of a stated number of taxicabs and incorporating the provisions of this article and article XI of the city charter.
(1999 Code, sec. 4.501)
Every person who is required to have a franchise to conduct
a taxicab business shall file with the city secretary a written application
signed by such applicant and stating the following:
(1)
The
name and place of residence, sex, age, customary calling or occupation
of the applicant and the character and value of his assets, and what
portion, if any, of such assets are exempt from forced sale, the liabilities
of such applicant, and how, if at all, such liabilities are secured,
and whether any other person owns any title or interest in the taxicab
business for which such franchise is required.
(2)
The
name, usual trade description, equipment, rated horsepower, and factory
number of each taxicab and, as nearly as practicable, the year in
which it was manufactured or first used.
(3)
The
stand or stands at which the taxicab will remain while not in actual
service.
(4)
The
kind of written assurance which the applicant desires to furnish the
city.
(5)
The
rated seating capacity of each taxicab to be operated.
(6)
If
the applicant is a corporation, the name and place of residence of
the officers of such corporation, the amount of its capital stock
and the amounts thereof fully paid up, the character and value of
its assets, its liabilities, and the security thereof, and such corporation
shall file with its application a duly certified copy of its charter
and bylaws.
(1999 Code, sec. 4.502)
It shall be the duty of the city secretary, when an application
for a franchise is filed under the provisions of this article, at
the next regular meeting of the city council following the filing
of such application, to call the attention of the council thereto.
Upon consideration of such application, the city council may grant
or refuse such franchise as in their discretion may seem to the best
interest of the citizenship of the city and the public in general.
(1999 Code, sec. 4.503)
Before any franchise shall be issued under the provisions of
this article, the city council shall first determine that the public
convenience and necessity requires the existence of such taxicab business
within the city.
(1999 Code, sec. 4.504)
Every franchise issued under the provisions of this article
shall be valid until the same has been voluntarily surrendered by
the holder thereof or has been revoked by the city council, unless
a specific term is assigned thereto by the city council, but in no
event more than five (5) years. Such franchise shall be nonexclusive.
(1999 Code, sec. 4.505)
Each franchise issued under the provisions of this article shall
be nonassignable. If the holder is a corporation, no more than ten
(10) percent of the capital stock may be transferred without prior
approval of the city council. Any transferees must meet the same requirements
of an applicant.
(1999 Code, sec. 4.506)
(a)
The
city council shall have the right to revoke or suspend any permit
or permits authorized to a franchisee issued under the provisions
of this article for misrepresentation of facts given in the application
for or violation of any applicable section of this code, ordinances
of the city or state laws.
(b)
The
city council shall, after fifteen (15) days’ notice to the permittee
and the taxicab driver of the grounds of such violation, conduct a
hearing to hear evidence with reference to such violation. For any
violation of this article for which specific provisions are not prescribed
for suspension or revocation, the city council may suspend the permit
or permits of the permittee for a period of time not to exceed fifteen
(15) days, or revoke the right of a taxicab driver to operate within
the city or take any other action authorized by this article or the
city charter.
(1999 Code, sec. 4.507)
In lieu of the insurance requirements provided for herein, the
franchisee may file with the city a certificate of self-insurance
issued by the state department of public safety in accordance with
the provisions of the Texas Motor Vehicle Safety Responsibility Act,
which shall apply to all taxicabs and all drivers operating in the
city.
(1999 Code, sec. 4.508)
If self-insurance certificates are not provided, the maximum
amount of insurance required by this article shall be:
(1)
For
the injury or death of any one (1) person in any one (1) accident,
$20,000.00.00;
(2)
For
total liability in any one (1) accident or personal injuries or death,
$40,000.00.00;
(3)
For
injury or destruction of property in any one (1) accident, $15,000.00;
or
(1999 Code, sec. 4.509)
