(a) 
Except in the case of a temporary operating permit or special event permit or pursuant to and under the authority of an interlocal contract between the City of Irving and Dallas Area Rapid Transit Authority for providing taxicab service to disabled persons, authority to operate taxicabs in the city shall be by franchise and annual operating permit. When operating pursuant to an interlocal contract between the City of Irving and Dallas Area Rapid Transit Authority for the purpose of transporting disabled persons under Dallas Area Rapid Transit Authority, the insurance requirements of said authority shall be deemed to meet the requirements of this chapter.
(b) 
It shall be unlawful to operate a taxicab service in the city without operating authority granted under this chapter, and it shall be unlawful to transport a passenger for hire in the city by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been granted operating authority under this chapter.
(c) 
It shall be unlawful for a person to engage or hire a taxicab which he knows does not have operating authority from the city.
(Ordinance 5009, § 1, adopted 8/14/1986; Ordinance 5231, § 1, adopted 6/11/1987)
(a) 
An application for franchise must be approved by the city council in accordance with the terms of the city charter. The franchise will not be granted unless:
(1) 
The proposed taxicab service is required by the public convenience and necessity;
(2) 
The applicant is fit, willing and able to operate the taxicab service in accordance with requirements of this chapter, rules and regulations of the director, provisions of the franchise, annual operating permit, and other applicable law;
(3) 
The applicant and the other owners or parties with financial interest in the taxicab service meet the requirements of section 37-24; and
(4) 
The applicant is a legal resident of the United States.
(Ordinance 5009, § 1, adopted 8/14/1986)
To obtain a franchise, a person shall make application to the director in the manner prescribed by this section. The applicant must be the person who will own, control or operate the proposed taxicab service. An applicant shall file with the director a written, verified application containing the following:
(1) 
The form of business of the applicant (a copy of the documents establishing the business and the name, address and citizenship of each person with any interest in the business);
(2) 
Name, address and verified signature of the applicant;
(3) 
An actual or pro forma income statement and balance sheet showing the assets, liabilities and the equity of the business which shall be prepared by a certified public accountant;
(4) 
Description of any past business experience of all persons who have an interest in the proposed taxicab service, particularly in providing passenger transportation services; identification and description of any revocation or suspension of a franchise or permit by any jurisdiction held by any person with an interest in the proposed service before the date of filing the application;
(5) 
Number of vehicles, not less than twenty-five (25), and description of the vehicles the taxicab service proposes to use in the operation of the service; description of the operations of the proposed taxicab service and location of the fixed facilities to be used in the operation;
(6) 
Description of the proposed insignia and color scheme for the taxicabs and description of any distinctive item of apparel to be worn by the service's drivers;
(7) 
Documentary evidence from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance required by this chapter;
(8) 
Documentary evidence of payment of ad valorem taxes on the property to be used in connection with the service; and
(9) 
Such additional information as the director or city council considers necessary.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
Upon receipt of an application for franchise, the director shall conduct an investigation and make findings of fact concerning public convenience, necessity and other relevant factors, including, but not limited to:
(1) 
The number of taxicabs presently in operation in the city;
(2) 
The public transportation needs of the city and the adequacy of existing transportation services, including existing taxicab services, to meet those needs;
(3) 
Whether existing services can render the proposed additional taxicab service more efficiently or effectively than the applicant; and
(4) 
The effect of the proposed additional taxicab service on traffic conditions, and existing services and public mass transportation.
(b) 
The director shall examine the income statements and insurance submissions and make a recommendation concerning the fiscal responsibility of the applicant.
(c) 
The applicant for franchise has the burden of proving that the public convenience and necessity require the proposed taxicab service and that the applicant is qualified and financially able to provide the service proposed in the application to the city.
(d) 
Within a reasonable time following the date of application, the director shall report in writing his findings of fact and recommendation to the city manager for transmittal to the city council. The city council shall then hold a public hearing to consider whether the franchise should be granted.
(e) 
A nonrefundable application fee of five hundred dollars ($500.00) shall be submitted with the application for franchise or transfer of franchise.
(Ordinance 5009, § 1, adopted 8/14/1986)
No franchise to operate a taxicab service in the city shall be granted until a public hearing shall have been held before the city council on such request in accordance with the city charter.
(Ordinance 5009, § 1, adopted 8/14/1986)
Upon approval of an application for a franchise by the city council, the franchise will be granted in the manner prescribed by the city charter, containing such terms or conditions as are included by the city council. Unless the ordinance granting the franchise expressly indicates otherwise, the provisions of this chapter and as they may be amended, that apply to a franchise or franchise holder are deemed to be a part of each franchise as if the provisions were expressly included in the ordinance granting the franchise.
(Ordinance 5009, § 1, adopted 8/14/1986)
Before any operation of a taxicab business may commence, the person to whom operating authority has been granted shall accept such franchise in writing, and file with the city secretary a statement in substantially the following form:
I hereby accept the taxicab operating authority granted to me by Chapter 37 of the Irving City Code and hereby agree to operate the taxicab service in accordance with the terms and conditions of such operating authority.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
Franchise or any interest including stock therein may not be transferred to another unless the holder files a written application for the transfer in the manner and containing the information prescribed by the director, and the transfer application is approved by the city council.
(b) 
A temporary permit, special event permit or reciprocal agreement is not transferable.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
No holder of a franchise may operate any taxicab unless he first obtains from the director an annual operating permit. Upon the granting of the franchise by the city council, the director shall issue to the holder the annual operating permit. The permit shall state the number of cabs the holder is authorized to operate and any other matters the council requires.
(b) 
An annual operating permit is automatically renewed unless the director notifies the holder before the renewal date of his intention to recommend denial of the permit renewal based on his determination that:
(1) 
The holder is not in compliance with the franchise, this chapter, rules and regulations of the director or other law; or
(2) 
The holder is not fit, willing nor able to continue to operate the taxicab service in accordance with the franchise, and this chapter, rules and regulations of the director or other law.
(c) 
Minor changes may be made in a permit by the director without city council approval.
(d) 
If the director determines that a denial of a permit renewal is required, the director shall submit for consideration by the city council a written report containing his recommendations for denial together with supporting findings of fact. Upon action being taken by the city council, the director shall issue a denial of permit renewal or renew the permit, as directed by the city council. In the case of renewal he shall incorporate such changes as authorized by the city council, if any.
(e) 
If the permit expires at no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the taxicab service pending a final decision of the city council. The holder shall cease operation of the taxicab service immediately upon the denial of the request for renewal by the city council.
(Ordinance 5009, § 1, adopted 8/14/1986)
The following regulations apply to the suspension of a temporary or annual operating permit:
(1) 
The director may suspend a permit if he determines that the holder has:
a. 
Failed to comply with a correction order issued to the holder by the director, within the time specified in the order;
b. 
Intentionally or knowingly impeded the director or a law enforcement agency in the performance of their duty or execution of their authority;
c. 
Failed to comply with this chapter;
d. 
Substantially breached the terms of the franchise or permit;
e. 
Failed to pay city ad valorem taxes on any property of the holder used directly or indirectly in connection with the taxicab service; or
f. 
Failed to pay any fee due under the franchise or this chapter at the time it was due.
(2) 
A suspension of a permit does not affect the expiration date of the permit.
(3) 
The director shall serve notice of the suspension on the holder by delivery of the notice to the holder's principle place of business in the city.
(4) 
The notice of suspension shall set forth the grounds for the suspension, the duration and a statement informing the holder of its rights to appeal.
(5) 
A holder may appeal the suspension to the city council in writing within ten (10) days of the date of suspension as stated in the notice of suspension. The filing of the appeal stays the suspension until the council has acted on the appeal except as follows:
a. 
If the director determines that continued operation by the holder pending the decision of the city council on the appeal would constitute an immediate threat to the public safety or welfare, the notice of suspension shall so state and filing of the appeal shall not stay the suspension;
b. 
The director shall notify the city manager who shall notify the city council of such a suspension;
c. 
The director shall, upon request, hold a hearing on or before the next working day. The holder may testify, present evidence, present witnesses or bring forth any other matter he deems necessary at the hearing; and
d. 
The sole purpose of such a hearing shall be to determine if the suspension should be stayed pending the appeal.
(6) 
The director may reinstate a suspended permit upon his determination that the deficiency causing the suspension has been corrected by the holder and he shall so notify the city manager.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
A holder of a franchise shall pay the city a franchise fee in the amount of two hundred dollars ($200.00) a year.
(b) 
A holder shall pay the city an annual operating permit fee of two hundred forty dollars ($240.00) a year for each taxicab authorized by the franchise or an amount stated in the permit. The fee for a temporary permit or special event permit is that which is stated in the permit. A temporary or special event permit fee is payable in the manner and at the time prescribed by the permit.
(Ordinance 5009, § 1, adopted 8/14/1986; Ordinance 8229, § 1, adopted 9/18/2003)
(a) 
To obtain a temporary permit, a person shall make application to the director. A temporary permit may not exceed one hundred eighty (180) days.
(b) 
After the director makes a recommendation concerning the application, the city council may issue a temporary permit for the purposes of:
(1) 
Providing supplemental services during periods of extraordinary demand; or
(2) 
To assess the feasibility of new technology or services.
(c) 
A temporary permit is not renewable.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
Upon a finding that the public necessity and convenience demands additional taxicabs, the director may grant upon application a special event permit for a period not to exceed five (5) days.
(b) 
Operating conditions, fees and restrictions, in addition to the applicable provisions of this chapter, shall be set forth in the special event permit.
(c) 
To be granted a special event permit, the applicant must show satisfactory proof that he has a valid operating authority from a city in Dallas or Tarrant County with a population in excess of one hundred thousand (100,000).
(d) 
The applicant must provide any other documentation or information required by the director related to his ability to satisfactorily perform the services provided for in the special permit.
(Ordinance 5009, § 1, adopted 8/14/1986)
Upon approval of the city council, the director may enter into a reciprocal agreement with one (1) or more governmental entities to provide reciprocal operation and mutual regulation of taxicab services between the city and other political subdivisions. The director shall give all holders reasonable notice when a reciprocal agreement is to be considered by the city council.
(Ordinance 5009, § 1, adopted 8/14/1986)
A franchise may be revoked by the city council for violation of the terms of the franchise or permit; or for violation of this chapter.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
The hearing on revocation shall not be held until at least ten (10) days' notice of the hearing has been given to the holder of the operating authority in question by delivery to the holder's principle place of business in the city. Such notice shall:
(1) 
Specify the time and place of the hearing; and
(2) 
List the reasons why the general welfare of the city requires the revocation and cancellation of such operating authority.
(b) 
The holder in question shall be allowed:
(1) 
To be present at such hearing;
(2) 
Be allowed to be represented by counsel; and
(3) 
Have full opportunity to disprove any charges and allegations set out against him in the notice.
(c) 
Such hearing may be conducted by the city council or any agent, employee or representative designated by it. If conducted by an agent, employee or representative, then upon approval and adoption of the city council of findings of fact made by the person conducting such hearing, such findings of fact so approved and adopted shall be and become the findings of the city council. If the findings of fact made after such hearing show that the operator is not a fit and proper person to conduct such business, or is unable to pay in full reasonable claims for damages which might be asserted or for any reason the general welfare of the citizens of the city for the best interest of the city will be served best by such action, then the city council shall revoke and cancel the operating authority in question, and there shall be no appeal of any nature from such action.
(Ordinance 5009, § 1, adopted 8/14/1986)
Upon failure of any holder to pay the required fees for the preceding calendar month on or before the fifteenth day of the succeeding calendar month, the operating authority of such holder shall automatically be suspended, and such suspension shall continue and be in full force and effect until all fees then due are paid.
(Ordinance 5009, § 1, adopted 8/14/1986)
This chapter governs the operation of taxicabs and taxicab service under each form of operating authority. This chapter, however, is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the taxicab service. To the extent that a special provision conflicts with this chapter, the special provision controls.
(Ordinance 5009, § 1, adopted 8/14/1986)