It shall be unlawful for any person to operate a taxicab within
the city unless such person shall have been granted a franchise to
do so in accordance with the terms of the charter of the city and
this article.
(1974 Code of Ordinances, Chapter 30, Sec. 30-10)
Any franchise required by the preceding section will be subject
to forfeiture and cancellation upon conviction for violations of this
article or upon proper showing that the holder has substantially breached
the terms of the franchise.
(1974 Code of Ordinances, Chapter 30, Sec. 30-11)
The franchise will become subject to forfeiture and cancellation
upon the holder thereof becoming delinquent in the payment of ad valorem
taxes upon any vehicle, equipment or other property of the holder
used or operated directly or indirectly in connection with the taxicab
service, and no holder will use or permit to be used any vehicles,
equipment or other property directly or indirectly in connection with
taxicab service for which the ad valorem taxes due and owing from
all said properties are not paid.
(1974 Code of Ordinances, Chapter 30, Sec. 30-12)
Every person desiring to operate a taxicab service in the city
shall make application in writing to the city; and said application
shall be verified under oath, shall be filed with the city secretary
and shall furnish the following information:
(1) Name
and address of the applicant, together with the form of business under
which the taxicab or taxicabs will be operated and the full identification
including citizenship of all persons directly interested in the requested
franchise. If the proposed form of business is a partnership or corporation,
a copy of the partnership agreement or articles of incorporation must
be attached.
(2) A complete
balance sheet showing all of the assets and all of the liabilities
of the applicant, including the amounts of all unpaid judgments against
the applicant and the nature of the transaction or acts giving rise
to said judgments.
(3) The
past experience, if any, that the applicant has had in rendering taxicab
service or in the transportation of passengers and whether or not
said applicant has ever had any permit or franchise issued to him
that has been revoked and, if so, circumstances of such revocation.
(4) The
number of vehicles proposed to be operated by the applicant under
the requested franchise. A complete description of the taxicabs proposed
to be operated together with a description of the proposed operation;
including location of terminals, sub-terminals, etc.
(5) Any
additional facts which the applicant believes will tend to prove that
public convenience and necessity require the granting of the requested
franchise.
(6) Such
further information as the city manager or city council may require.
(1974 Code of Ordinances, Chapter 30, Sec. 30-13)
Before any franchise to operate taxicabs in the city will be
granted by the city council, the city council shall hold a hearing
to consider whether the public convenience and necessity require the
proposed taxicab service for which application is made. If the public
convenience and necessity do not require the proposed taxicab service,
as finally determined from investigations and from the hearing, no
franchise for such additional taxicab service will be granted by the
city council.
(1974 Code of Ordinances, Chapter 30, Sec. 30-14)
Upon the filing of an application, the city council shall fix
a time and place for the hearings on the application. Notice of such
hearing shall be given in writing to the applicant and to all persons
holding franchises for taxicab services in the city. Due notice shall
be given to the public by publication in the newspaper published in
the city not less than ten (10) nor more than twenty (20) days prior
to the date of the hearing. The city council may receive any evidence,
hear testimony and may call witnesses as in its discretion it may
deem advisable in order to make its determination of whether a franchise
should be granted or denied.
(1974 Code of Ordinances, Chapter 30, Sec. 30-15)
In the hearing provided for herein, the burden of proof shall
be upon the applicant to establish by clear, cogent, and convincing
evidence that the public convenience and necessity require such operation
of the taxicab service for which application has been made and that
the applicant is fit, able, and willing to perform such transportation
of persons and property by taxicab as proposed in the application.
(1974 Code of Ordinances, Chapter 30, Sec. 30-16)
If the city council finds that the request for additional taxicab
service in the city is required by the public convenience and necessity
and that the applicant is fit, willing and able to perform such public
transportation and to conform to the provisions of this chapter and
the rules established by, the city manager, then the city council
shall issue a franchise to the applicant; otherwise, the application
shall be denied. In making the above findings the city council may
take into consideration:
(1) The
number of taxicabs already in operation;
(2) Whether
existing transportation is adequate to meet the public need;
(3) The
probable effect of increased service on local traffic conditions;
(4) Whether
the increased service would result in ruinous competition;
(5) The
effect on working conditions and wages paid to drivers of taxicabs;
(6) Whether
the additional service requested cannot best be rendered by the existing
taxicab operators;
(7) The
resulting effect upon the business of the existing taxicab operators
and upon the existing agencies of mass transportation, if any; and
(8) The
character, experience and responsibility of the applicant, and such
other relevant facts as the city council may deem advisable, pertinent
or necessary to aid in determining whether public convenience and
necessity require the issuance of the requested franchise.
(1974 Code of Ordinances, Chapter 30, Sec. 30-17)
Any person holding a taxicab franchise in the city is required
to comply with all the applicable terms and provisions of this article,
and all amendments hereafter made during the term of the grant.
(1974 Code of Ordinances, Chapter 30, Sec. 30-18)
Every holder will keep and maintain complete records of all
physical properties, daily records and revenues segregated by drivers
and vehicles and daily manifests of all drivers.
(1974 Code of Ordinances, Chapter 30, Sec. 30-19)
Every holder will own, lease, contract for or otherwise legally
control every taxicab used in the service for which the franchise
is authorized.
(1974 Code of Ordinances, Chapter 30, Sec. 30-20)
No grant, right or privilege, whether by franchise or otherwise,
afforded any person under the terms and provisions of this article
shall be transferable to any other person without written application
to the city for such transfer and approval thereof by action of the
city council.
(1974 Code of Ordinances, Chapter 30, Sec. 30-21)
Each holder of a taxicab franchise under the provisions of this
article shall pay to the city a fee as set by the city council and
on file with the office of the city secretary; which fee shall be
payable by holder to the city for each year, or any lesser part thereof.
Each holder shall file with the city secretary on or before the 10th
day of January of each year a statement in writing, under oath, signed
by said holder showing the make, model, motor number, and state license
number of each vehicle being operated by him as a taxicab under the
terms of this article, along with the appropriate annual fee.
(1974 Code of Ordinances, Chapter 30, Sec. 30-22)