No person shall drive, operate, dispatch or cause to be operated
or dispatched nor shall any person employ, permit or allow another
to drive, operate, dispatch or cause to be operated or dispatched
any taxicab, over any street in the city for the purpose of transporting
a passenger or passengers for compensation, nor shall any person accept
compensation for the transportation of passengers without first having
obtained from the city under the provisions of this article a franchise
authorizing such operation and acts, except a vehicle which is lawfully
transporting a passenger or passengers from a point outside of the
city to a destination within the city; or after discharging a passenger
within the city, is returning empty by the most direct route to its
regular place of business outside the city. However, no such vehicle
without such grant shall solicit or accept a passenger or passengers
from any point within the city for transportation to any destination
whatsoever. And no such vehicle without such grant shall remain waiting
at any point in the city except for a passenger brought in by it for
the purpose of continuing the journey for such passenger, returning
the passenger to the original city of departure or to have repairs
made upon it at a garage or other place where automotive repairs are
customarily made.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 2008-05 adopted 2/12/08; 1957 Code,
sec. 20-2)
(a)
Any
person desiring a franchise shall file with the city secretary a written
application filled out on city forms, verified by oath of the applicant
and providing the following information:
(1)
The name, age and address of the applicant, if a natural person,
or, if a corporation, its name, date and place of incorporation, the
address of its principal place of business, and the names of all of
its officers and directors, together with their respective addresses,
as well as a certified copy of the articles of incorporation; the
trade name, if any, under which the applicant proposes to operate;
and the address of the place of business from which the applicant
proposes to operate.
(2)
The make, type, model, capacity and condition of the taxicabs proposed
to be operated; the design and color scheme of each taxicab; and the
lettering and marks to be used thereon.
(3)
The number of taxicabs the applicant proposes to operate and for
which a franchise is desired.
(4)
The make and type of taximeter to be installed on each taxicab for
which application for a certificate of necessity and convenience is
made.
(5)
A list of all convictions, if any, for the previous five (5) years,
of the applicant of violations of any federal, state or municipal
laws, and, if the applicant be a corporation, a list of all convictions
of all officers and directors of such corporation for violation of
any federal, state or municipal law.
(6)
Full information pertaining to the extent, quality and character
of the service that the applicant proposes to render.
(7)
Facts showing the demand, need and necessity for such service.
(8)
A full and complete statement of the experience, if any, the applicant
has had in rendering such services in the city or elsewhere. If the
applicant be a corporation, a full and complete statement of the experience
the officers and directors have had in rendering such service in the
city or elsewhere.
(9)
Location and proposed use of taxicab stands.
(10)
Description and proposed location of dispatching facilities.
(11)
Proposed policy for dispatching taxicabs.
(12)
Any such other and additional information as may be required by the
city council in its discretion.
(13)
Sufficient information to determine the ability of the applicant
to discharge claims or judgments, including any bankruptcy proceedings
or any information regarding judgments or claims that are not paid.
(b)
After
an application has been denied, the applicant shall not submit another
application until one year has expired since the date of denial unless
the applicant can reasonably show, and the city manager determines,
a significant change of circumstances or new evidence that, if considered,
could reasonably cause a vote for approval as determined by the city
manager.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 2004-06, sec. 5, adopted 1/27/04; 1957 Code, sec. 20-3; Ordinance 2008-37, sec. 29, adopted 9/9/08)
Upon receiving an application for the issuance of a franchise,
the city secretary shall file the original copy for record and shall
promptly furnish one (1) copy to the chief of police and one copy
to the city attorney.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; 1957
Code, sec. 20-4)
After receiving such application, the chief of police shall
cause to be made by the chief of police or the chief of police deputies,
and with assistance from other departments, such investigation as
may be considered necessary to determine whether or not the applicant
is fit, willing and is able to officially conduct such business and
render such service to the public. The chief of police shall make
a written report to the city attorney specifying that the chief of
police has considered all of the factors outlined in this article
and especially the following items:
(1)
Probable
quality of the service offered by the applicant; the experience he
has had in rendering such service in the city, or similar service
elsewhere; and the past record and experience of the applicant, if
any, resolving claims and complaints, and the ability and willingness
of the applicant to conduct such business and to comply with all the
city’s ordinances.
(2)
The
financial ability of the applicant to discharge claims or judgments.
(3)
The
character and condition of the taxicabs to be used.
(4)
If
such applicant is a corporation, the experience and financial ability
of each of the officers, directors and stockholders of the corporation
making such application.
(5)
The
character and past record of the applicant, and, if the applicant
is a corporation, of its officers, directors and stockholders.
(6)
Chapter
53, Texas Occupations Code, and any guidelines adopted by the city
manager or designee.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 2004-06, sec. 4, adopted 1/27/04; Ordinance 2008-05 adopted 2/12/08; 1957 Code, sec. 20-5)
The evidence in any investigation, inquiry or hearing along
with the report shall be considered by the city council within six
(6) weeks from the date the chief of police receives all of the required
information from the applicant, unless the information shows that
the applicant will not comply with specific requirements in this article.
The city council will hold a public hearing and may take into consideration
the written report of the chief of police and any other information
relating to the quality of service. The granting of the franchise
or annual permit is in the discretion of the city council and such
will not be granted unless:
(1)
The
proposed taxicab service is required by the public convenience and
necessity; and
(2)
The
applicant is fit, willing and able to operate the taxicab service
in accordance with the requirements of this chapter, rules and regulations
and other applicable law, and to provide taxicab service to the entire
city.
(Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 2008-05 adopted 2/12/08; 1957 Code,
sec. 20-5.1; Ordinance 2008-31 adopted 7/22/08)
No franchise shall be transferable without prior written application
to and approval of the city council. The transferee shall be required
to show that the transferee meets the same requirements and qualifications
for an original applicant under this article.
(Ordinance 85-76, sec. 1, adopted 9/10/85; 1957 Code, sec. 20-6)
(a)
The
operator shall be authorized to operate in the city only the number
of taxicabs specified in the franchise. However, if the public necessity
and convenience require the operation of additional taxicabs at any
time, then, after formal application to the city council, the city
council may authorize such owner to add taxicabs to his fleet.
(b)
In
the event an operator fails to operate the number of taxicabs authorized,
taking into consideration that a number of the taxicabs are needed
as reserve units, the city council may revoke the authority to operate
the number of taxicabs not used, after notice and public hearing.
(Ordinance 85-76, sec. 1, adopted 9/10/85; 1957 Code, sec. 20-7)
(a)
Before
a franchise or license to operate a taxicab shall become effective,
the operator of such taxicab shall procure and furnish to the city
a certificate of insurance covering public liability and property
damage under the standard provisions of the state department of insurance.
The operator shall have automobile liability insurance with coverage
extending to all taxicabs owned, and/or operating under the insured’s
authority under all conditions, with the minimum amounts of liability.
The minimum amounts of motor vehicle liability insurance coverage
required to meet these requirements are:
(1)
For damages arising out of bodily injury to or death of one person
in any one accident, twenty-five thousand dollars ($25,000.00);
(2)
For damages arising out of bodily injury to or death of two or more persons in any one accident, subject to the amount provided by subsection (1), fifty thousand dollars ($50,000.00);
(3)
For damage to or destruction of property in one accident, twenty-five
thousand dollars ($25,000.00).
(b)
Effective
January 1, 2011, the minimum amounts of motor vehicle liability insurance
coverage required to meet these requirements are:
(1)
For damages arising out of bodily injury to or death of one person
in any one accident, thirty thousand dollars ($30,000.00);
(2)
For damages arising out of bodily injury to or death of two or more persons in any one accident, subject to the amount provided by subsection (1), sixty thousand dollars ($60,000.00);
(3)
For damage to or destruction of property in one accident, twenty-five
thousand dollars ($25,000.00).
(c)
The
coverage required under this section may exclude, with respect to
one accident:
(d)
Such
policies of insurance shall be issued by a company authorized to do
business in the state that is in good standing, which means that there
is no order by the commissioner of insurance that the company is in
a hazardous financial condition as described by chapter 404, Insurance
Code, or an order placing the company in a state of supervision, conservation
or ancillary conservation under chapter 441, Insurance Code. The insurance
must include a cancellation rider under which the insurance company
is required to notify the city attorney in writing not fewer than
thirty (30) days before canceling the insurance policy and not fewer
than thirty (30) days before the insurance policy is due for renewal
of the company’s intention to renew or not renew the policy.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 98-14, sec. 1, adopted 2/10/98; 1957 Code, sec. 20-8; Ordinance 2010-13, sec. 1, adopted 4/27/10)
As compensation to the city for the administrative cost and
for the use of city streets in the operation of vehicles, each franchise
operator shall pay to the city, at the office of the billing and collection
department, a franchise fee in the amount of twenty-two dollars ($22.00)
per vehicle per month. If any holder of the franchise fails to pay
the franchise fee by the date the same becomes due, the privilege
of the holder of the franchise to operate or to allow others to operate
a vehicle in the city for which the franchise fee has not been paid
may be deemed suspended by the chief of police until such fees are
paid. Fees shall not be prorated for less than one (1) month. The
total franchise fee shall be based on the number of vehicles authorized
by the franchise ordinance unless the applicant can reasonably show,
as determined by the chief of police, that such vehicle was not available
for service during the month in question because it had been sold,
or for a mechanical reason or for any other such objective reason.
In the event that the franchise operator requests a ruling from the
chief of police, the franchise operator must pay the fee when due
and then request a refund if the chief of police approves and agrees
that the vehicle was not available for use. A request for such ruling
must be made within thirty (30) days of the due date.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; Ordinance 2004-09, sec. 2, adopted 2/10/04; 1957 Code, sec. 20-10; Ordinance 2008-31 adopted 7/22/08; Ordinance 2010-23, sec. 18, adopted 8/10/10)
In order to maintain a franchise, a company must comply with
the following regulations:
(1)
Maintain
an office within Midland County or Ector County, staffed by company
agents or employees for an eight-hour period between the hours of
7:00 a.m. and 7:00 p.m., Monday through Friday, five (5) days per
week, where records required by this article are kept and where vehicles
may be inspected;
(2)
Submit
to the city a copy of a current lease, if applicable, for the company
premises, or an affidavit as to ownership and occupancy;
(3)
Maintain
a local city publicly listed telephone number;
(4)
Maintain
the name and home address of each driver affiliated with the company,
along with the name of the person who owns or leases the vehicle operated
by the driver and provide to the records division of the police department,
on a monthly basis, a list of the current drivers;
(5)
Maintain
a log listing the year, make, model vehicle identification number
(serial number) of each vehicle for hire operating in the company
fleet;
(6)
Maintain
sufficient employees or answering devices to answer the local city
telephone number after hours of company operation;
(7)
Provide
each driver with a copy of this article;
(8)
Have
knowledge that all operating vehicles for hire of the company have
the insurance coverage required herein and have knowledge that such
vehicles are in compliance with the standards concerning inspection
and provide proof to the city if requested;
(9)
Provide
taxicab service to the entire city;
(10)
Operate at least one (1) taxicab each month;
(11)
Maintain appearance and cleanliness of taxicabs.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 98-14, sec. 1, adopted 2/10/98; 1957 Code, sec. 20-12; Ordinance 2008-31 adopted 7/22/08; Ordinance 2019-46 adopted 10/8/19)
The following reasons shall constitute grounds for denial, suspension
or termination of any franchise pursuant to the provisions of this
article:
(1)
Failure
to file any required statement or report;
(2)
Failure
to pay the required franchise fee when due;
(3)
Operator is convicted of a crime that directly relates to the duties and responsibilities of the operator as provided in section 4-1-1 of the city code and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary.
(4)
The
operator obtains the franchise and a material fact is omitted or falsely
stated in the application;
(5)
Failure
to comply with any applicable requirements set forth in this article.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; Ordinance 2008-05 adopted 2/12/08; 1957 Code, sec. 20-49.1)
In the event that the city and the franchise operator can agree
to an amendment of the franchise, such as the number of permitted
vehicles, such amendment can be approved by the city council by resolution.
(Ordinance 2004-09, sec. 6, adopted 2/10/04; 1957 Code, sec. 20-49.3)
