The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Limousine.
Any chauffeured motor vehicle for general passenger use with a rated passenger capacity of not more than 15 passengers and which operates on a prearranged appointment basis only whereby such prearrangement is made not less than 1 hour in advance of the time transportation is to begin. At no time shall such vehicle operate on a call-and-demand basis as a taxicab.
Taxicab.
A chauffeured motor vehicle having a rated passenger capacity of 8 or less which typically operates on irregular routes and schedules and on a call-and-demand basis. The term shall not apply to motor vehicles operating under a license or certificate of the railroad commission of the state or the Interstate Commerce Commission nor to a limousine.
Vehicle service for hire.
Any motor or other vehicle operated within the city for the purpose of carrying passengers for hire from within the city, except motor buses operating on fixed routes as specified in this article, specially chartered buses and driverless vehicles (rental cars). The term “vehicles for hire” includes limousine and taxicab, as defined. The term specifically excludes demand services by public entities relative to providing transportation for senior citizens and disabled persons.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
The operation of vehicles for hire shall be subject to the regulations set forth in this article and it shall be unlawful to operate or cause to be operated from within the city any vehicle for hire unless a license therefor shall have been issued to the owner or operator thereof in accordance with the regulations prescribed in this article. Provided, however, the owner or operator of an existing, approved vehicle for hire service required to obtain a license as herein provided shall file an application for license on or before the 90th day after passage of this article, or _____, 2008.
(b) 
Further, this article does not apply to a vehicle that is:
(1) 
Used to transport a person from a point of origination outside the city to a destination inside the city (including a round-trip transport), so long as the vehicle leaves the city without receiving a different passenger from inside the city;
(2) 
Owned and operated by the federal or state government, or by a political subdivision of the state; or
(3) 
Used in a carpool to transport the person and others on a prearranged basis between their homes and places of employment or places of common destination, if only a fee calculated to reasonably cover expenses is charged.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
Every person, entity or business desiring to own or operate a vehicle for hire, or operate a business for vehicles for hire, shall file with the city secretary a written application signed by such applicant and stating:
(1) 
The name of the owner of the business and/or owner of the vehicle for hire if different than the business owner:
(A) 
If the owner is a person, the mailing address, physical address, work telephone number, home telephone number, driver’s license number, and state of issuance of such driver’s license;
(B) 
If the owner is a partnership, the name of all partners, the principal business address and telephone number of each partner;
(C) 
If the owner is a corporation, the state of incorporation, the name and address of the registered agent, the names of all officers, and the contact information of any local office of such corporation.
(2) 
Name, place of residence, sex, age, customary occupation; the name of any other person, firm or corporation who owns any interest in the business; and the name of the person, firm or corporation that owns any title or interest in any vehicle used in the business.
(3) 
The year, make and model of each vehicle proposed to be used.
(4) 
If applicable, the address and description of the stand at which taxicabs will remain while not in actual service.
(5) 
Binder or policy for commercial liability insurance in the single limit amount of $300,000.00 bodily injury and property damage.
(6) 
The experience of the applicant in the business and a statement of proposed rates.
(7) 
It shall be the responsibility of the applicant to prove to the council in writing that public convenience and necessity for an additional taxicab service or vehicle service for hire exists.
(8) 
A copy of a current, valid Texas driver’s license of every operator of every taxicab or vehicle service for hire that operates within the city limits.
(9) 
Signature of the applicant verifying information submitted for government approval and shall be considered a government document.
(b) 
A new application or amendment shall be filed promptly if and when any changes have occurred in the information then on file with the city and set forth on the license application.
(c) 
As to taxicabs only, before the city secretary shall issue a license, a certificate declaring that public convenience and necessity require the issuance of such license shall first be obtained from the city manager. The number of taxicabs authorized to operate in the city and for which certificate of public convenience and necessity may be issued under this article shall be based upon the public convenience and necessity as found and determined by the city manager.
(d) 
A license issued under this article shall be nonassignable. A license issued under this article may be revoked by the city council at any time it shall appear to council that the licensee has violated any provision of this article, or for other good cause.
(e) 
No license shall be issued under this article unless and until the applicant has furnished copies of such insurance policies. Such policy shall contain a provision that the city shall be given at least 30 days’ prior written notice of cancellation, nonrenewal or material change of the required insurance coverage. This action shall be evidenced by registered or certified mail.
(f) 
The owner or operator of each taxicab or vehicle service for hire shall post in a conspicuous place on the inside of each vehicle a card showing the rates charged and the owner or operator may not charge an amount in excess of the rates so displayed. Such rates shall correspond with the rates furnished to the city secretary annually.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
At the time of original issuance of a license, the licensee shall pay to the city secretary the sum of $25.00, regardless of the number of vehicles covered by the license; provided that no license fee or license renewal fee is required for a license covering only a vehicle service for hire that has been licensed by the state railroad commission or by the United States Department of Transportation.
(b) 
A license shall be valid for one year.
(c) 
Thereafter, the licensee shall renew such license, each year, by:
(1) 
Paying $25.00 for the renewal, subject to the exemption from fees referenced in subsection (a) of this section.
(2) 
Furnishing the city copies of the insurance policies required under this article with 30-day prior written cancellation/change notice.
(3) 
As to taxicabs only, furnishing the city a statement of rates, unless the city council has adopted a rate schedule by ordinance applicable to all taxicabs in the city.
(4) 
Valid Texas driver’s license of all operators of any vehicle service for hire.
(d) 
Fees for city permits, open stands and other fees shall be established by resolution of the city council.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
The owner or driver of a vehicle for hire shall obtain a decal, indicating the vehicle’s authority to operate, from the city. Such decal shall indicate a period of time in which the taxicab is authorized to operate within the city. A decal must be attached to the lower right corner of the front windshield of the vehicle.
(b) 
A decal assigned to one person is not transferable to another without prior written consent of the city.
(c) 
City identification card.
Each operator shall obtain a city identification card prior to operation of a vehicle for hire.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
Each vehicle for hire shall comply with all equipment and safety standards contained in applicable state or local law. No vehicle for hire shall be operated with more passengers than the manufacturer’s recommendations for the maximum number of occupants.
(b) 
Each vehicle for hire shall be regularly maintained in good operating condition and such maintenance records shall be business records subject to inspection by the city.
(c) 
Each vehicle for hire shall be inspected and registered and display current inspection and registration certificates as required by applicable state law.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
The city shall not be liable to any person whatsoever for damages arising out of the operation or ownership of any vehicle for hire, or arising out of the enforcement, or lack of enforcement, of this article.
(b) 
The regulation of vehicles for hire is a governmental function.
(c) 
The owner and operator of every vehicle for hire business operated on the streets of the city, whether licensed under this article or not, shall indemnify and save the city harmless from all liabilities arising out of the ownership or operation of any such vehicles, even though it be alleged, or even proved, that city negligence caused (in whole or in part) such liability. This subsection is a part of every license whether stated therein or not.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
If any of the representations in any application filed under this article are found to be false or fraudulent, such application may be refused.
(b) 
The city council shall have and hereby reserves the right to determine whether additional vehicle for hire service is required for efficiently and properly meeting and serving public interests and necessity in the city, and without other cause existing, to refuse any application filed unless the council decides that the granting of same will serve public convenience and necessity.
(c) 
The city council may revoke or refuse to grant a license where the license holder has committed numerous offenses under this article such that the continued operation of the business is not in the best interest of the safety and welfare of the citizens of the city. In such event, the city council shall provide a written statement of the reasons for the revocation or refusal to grant or renew a license.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
No license issued under the terms of this article shall be transferred to any other person, nor shall such license be used for the operation of any vehicle for hire except the vehicle(s) for hire for which the license is issued; provided, however, that in the event a vehicle for hire becomes disabled or is withdrawn from service for repairs, another vehicle may be substituted for such disabled vehicle only until same is repaired.
(b) 
No vehicle for hire for which a license has been issued under this article shall be operated by anyone except the licensee thereof or an employee of the licensee.
(Ordinance O-24-08 adopted 9/2/08)
Before the city shall issue any license under this article, or before any renewal of such license shall be granted, an applicant shall file with the city secretary and thereafter maintain in full force and effect, a policy of commercial liability and property damage insurance executed by an insurance company duly authorized to do business in the state and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles in the minimum single limit amount of $300,000.00.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
It shall be unlawful to falsify or omit any material information on the license application. The license application is a government record and as such, falsification, tampering, and other offenses may be prosecuted as provided by state law.
(b) 
It shall be unlawful to operate a vehicle service for hire or taxicab without a current and valid decal for such vehicle.
(c) 
It shall be unlawful to fail to update any material information on the license application upon renewal.
(d) 
It shall be unlawful to fail or refuse to provide business records during regular business hours upon reasonable request.
(e) 
It shall be unlawful to assign or transfer the license.
(f) 
It shall be unlawful to fail to comply with applicable federal, state and local laws, regulations or ordinances that apply to the use and operation of vehicle service for hire or taxicabs.
(g) 
It shall be unlawful for any person, entity or business advertising its services to own or operate a vehicle or vehicles for hire on any of the streets of the city unless a license for such vehicle or vehicles has been issued by the city for the current calendar year.
(h) 
It shall be unlawful for the license holder to license or allow an unlicensed driver to operate a vehicle service for hire or taxicab.
(i) 
A person commits an offense if he:
(1) 
Operates a vehicle for hire with an expired decal or with no decal affixed to it;
(2) 
Attaches a decal to a vehicle not authorized to operate as a vehicle for hire;
(3) 
Forges, alters, or counterfeits a vehicle for hire decal required by this section;
(4) 
Possesses a forged, altered, or counterfeited vehicle for hire decal required by this article;
(5) 
Displays more than one vehicle for hire decal issued by the city on a vehicle at the same time; or
(6) 
Fails to display upon demand the city-issued identification card for operators of vehicles for hire.
(Ordinance O-24-08 adopted 9/2/08)
(a) 
A person who violates a provision of this article, or who fails to perform an act required by this article, commits a misdemeanor offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.
(b) 
Each and every charge made, each and every trip made upon the street of this city, and answering a call or carrying a person not authorized by a vehicle for hire license shall constitute a separate offense
(c) 
An offense under this article is punishable by a fine not to exceed five hundred dollars ($500.00).
(d) 
Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this article.
(Ordinance O-24-08 adopted 9/2/08)