The following definitions of words and terms are hereby adopted
for the construction of this article:
means any person who has procured a final judgment in a court
of competent jurisdiction against a licensee hereunder for damages
arising out of death or personal injuries of any person, or for injury
to or destruction of property caused by the negligent operation of
a motor vehicle as a taxicab.
includes the singular and plural and shall mean and embrace
any person, firm or corporation.
means any street, alley, avenue, boulevard, drive, or highway
within the corporate limits of the city.
means any motor vehicle operated in or upon the streets of
the city for the purpose of carrying passengers for hire; provided,
however, that the term shall not apply to motor buses operated over
fixed routes under a franchise from the city.
(1987 Code, ch. 4, sec. 1A; 2001
Code, sec. 4.201)
It shall be unlawful for any person to drive or operate any
taxicab in or upon any street in the city unless there has been obtained
for such taxicab and existing in full force and effect a license duly
issued as hereinafter provided.
(1987 Code, ch. 4, sec. 1B; 2001
Code, sec. 4.202)
No license to operate a taxicab shall be issued until the city
council shall declare that the public convenience and necessity require
the operation thereof; provided, however, that a declaration of convenience
and necessity shall not be necessary for vehicles which were in actual
continuous operation carrying passengers for hire in the city for
a period of thirty (30) days immediately prior to the adoption of
this article, nor shall such declaration be necessary for the renewal
of any license issued hereunder.
(1987 Code, ch. 4, sec. 1C; 2001
Code, sec. 4.203)
Application for a license 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 proposes to do business, the number
of vehicles the applicant proposes to operate, the make, model and
state license number of each vehicle, and such other information as
the city council may require. The city council may, if it desires,
provide a printed form for such application.
(1987 Code, ch. 4, sec. 1D; 2001
Code, sec. 4.204)
(a)
The
city council shall, as soon as practicable after the receipt of an
application, make or cause to be made such investigation as it shall
deem necessary to determine whether the public convenience and necessity
requires operation of the taxicab or taxicabs for which application
is made, giving due regard to:
(1)
The probable permanence and quality of service offered by the applicant;
(2)
The financial responsibility of the applicant;
(3)
The character and condition of the vehicle to be used;
(4)
The applicant’s experience in transporting passengers for hire;
and
(5)
The increased traffic congestion which may result from the proposed
use of the streets.
(b)
Should
the city council find that public convenience and necessity at any
time require additional taxicab service, preference may be given to
the person or companies operating existing service should they be
willing and able to furnish it, but the city council reserves the
right to decide whether said preference will be given.
(1987 Code, ch. 4, sec. 1E; 2001
Code, sec. 4.205)
(a)
If
the city council finds its investigation justifies the operation of
the vehicle or vehicles for which a license is desired, and that the
applicant is a fit person to conduct such business, it shall notify
the applicant of its findings and shall issue or cause to be issued
to the applicant the license or licenses required herein.
(b)
If
it finds that the public convenience and necessity does not require
the operation of such vehicle, or that applicant is not a fit person
to conduct such business, no license shall issue to the applicant.
(1987 Code, ch. 4, sec. 1F; 2001
Code, sec. 4.206)
(a)
Before
any license shall be issued for a taxicab hereunder, or before any
renewal of a license shall be granted, the owner or operator of such
taxicab shall file with the city council and thereafter keep in full
force and effect a policy of public liability and property damage
insurance to be approved by the city attorney and issued by a casualty
company authorized to do business in Texas. Said policy shall be in
the standard form approved by the state department of insurance, and
shall be conditioned that the insured licensee shall well and truly
pay to a judgment creditor, as that term is defined in this article,
such amount or amounts of money as have been awarded to such judgment
creditor. Such policy shall be written to expire at the end of a calendar
year, and shall provide that the amount of recovery on each vehicle
covered therein shall be in limits of not less than the following
sums:
(1)
For the bodily injury to any one (1) person or the death of any one
person in any one (1) accident: $10,000.00 (minimum).
(2)
For the bodily injury to two (2) or more persons or the death of
two (2) or more persons in any one (1) accident: $20,000.00 (minimum).
(3)
For the injury or destruction of property in any one (1) accident:
$10,000.00 (minimum).
(b)
In
lieu of the aforesaid policy of insurance, such owner or operator
of a taxicab may file with the city council a surety bond to be approved
by the city attorney, performable in Bastrop County, Texas. Such bond
shall be executed by the insured licensee as principal and by a surety
company authorized to do business in Texas, and shall be conditioned
that the insured licensee shall well and truly pay to a judgment creditor,
as that term is defined in this article, such amount or amounts of
money as have been awarded to such judgment creditor. Such bond shall
be written to expire at the end of the calendar year, and shall provide
as to each vehicle covered the same minimum limits of recovery set
out hereinabove.
(1987 Code, ch. 4, sec. 1G; 2001
Code, sec. 4.207)
Each person, firm, or corporation issued a permit or license
under the terms of this article shall pay to the city secretary the
amount as set by the city council.
(1987 Code, ch. 4, sec. 1H; 2001
Code, sec. 4.208)
Taxicab licenses insured hereunder shall not be transferable
without the consent and approval of the city council, but the holder
of a taxicab license may, by appropriate endorsement made on the license
by the city secretary, substitute another vehicle in place of the
one for which such license was granted, as herein provided.
(1987 Code, ch. 4, sec. 1I; 2001
Code, sec. 4.209)
