HomeMy WebLinkAbout01691 ORD - 06/27/1944IMSsm 6/20/44
AN ORDINANCE
REGULATING AND LICENSING 'DRIVERLESS AUTOMOBIIE3';
DEFINING CERTAIN TERMS; PROVIDING FOR PUBLIC
LIABILITY INSURANCE POLICIES OR DEPOSIT OF CASH OR
SECURITIES; PROVIDING PENALTIES; PROVIDING METHOD
OF PROSECUTING INDIVIDUALS AND OTHERS FOR VIOLATING
THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT
HERFNIT111 CONTAINING A SAVING CLAUSE; AND DECLAR-
ING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. Definitions.
(a) The term 'city' or 'said city' as used in
this ordinancs shall mean the City of Corpus Christi, Tomas.
(b) The term 'street' or 'streets' as used in
this ordinance shall mean and include any street, alley, avenue,
boulevard, drive or highway commonly used for the purpose of
public travel within the incorporated limits of the City of Corpus
Christi.
(o) The term 'Person' shall include both singular
and plural, and shall mean and embrace any individual, firm,
corporation, association, partnership or society, and where criminal
prosecution may lie, the officers of any corporation shell jointly
and severally be eabjeot to prosecution as being included within
the term 'person'.
(d) The term 'owner' when used in this ordinance
shall be construed to mean enV person, firm, oorporation, aeeoeietion,
partnership or society who has the control. direction. maintenance
and the benefit of the collection of revenue derived from the hiring
or leasing, or offering for hire or lease, of any 'driverless
automobile' to run on or over the streets or public ways of the City
of Corpus Christi, whether as owner or otherwise.
(e) The tern 'driverless automobile' as used in
this ordinance shall be held to mem and include all automobiles
and vehicles mechanically propelled in the City of Corpus Christi
which are hired or leased, or offered for hire or lease, to the
public, or any member of the public, without drivers furnished by
the hiror or lessor and to be used upon or over the streets or
thoroughfares or any street. alley or thoroughfare of the City
of Corpus Christi.
SECTION 2. License Required. The use of the ,/
streets or thoroughfares of the City of Corpue Christi by any
person whomsoever for the purpose of operating or causing to be
operated thereon any 'driverless automobib or automobiles*, as
defined in this ordinance, is hereby declared to be a publio
franchise or privilege in the nature of a franchise, and a busi-
ness, occupation and public utility, the exercise of which is
conditioned upon and subject to the grant. authorisation, license
end regal Frion by ordinance of the City Council of the City of
Corpus Christi; and no person shall males such use of the-streets
or highways of said City of Corpus Christi, or exercise thereon may
such franchise or privilege of offering for hire or lease, or of
hiring or leasing, for use on. or over. eny street, alley, or
thoroughfare of the City, any such 'driverless automobile* on said
etreete or highways, unless the hiring or leasing, or offering for
hire or lease, of suoh vehicle shall have been first authorised by
the grant of much franchise or privilege, and a written license
issued under the authority of an ordinance of the City Council of
the City of Corpus Christi, end unless such person shall thereafter
comply with all regulations of such matters now or hereafter law-
fully established and in effect by ordineenoe of the City Council of
the City of Corpus Christi.
It shall be unlexful from and after the taking effect
of this ordinance for any person, association of persons or coip ora-
tion to engage in the business in the City of Corpus Christi of
hiring or leasing or of offering for hire or lease any 'driverless
automobile' unless a written license be secured, as required
and provided herein, -end a public liability insurance policy or
cash or aeourity in lieu thereof, as herein provided, be first
given by such hirer or lessor.
SECTION 3. Failure to Comply With Ordinance
tnlerful. From and attar the' taking effeot of this ordinance, it
shall be unlawful for any person to engage in the business in the
City of Corpse Christi of hiring or leasing; or for any person
to hire or lease or offerft to hire or lease any 'driverless
automobile' to the public, or any member of the public, without
complying with the terns of this ordinance .
SECTION 4. Stand Required. Every 'driverless
automobile', when not employed, dull remain in the garage or
stand designated therefor in the application for lioenee, and
such stand or garage shall not be changed unless and until such
ohmage has been duly made on the records of the City Secretary,
showing the clanged stand or garage where suoh 'driverless automo-
bile' shall thereafter remain end be found when net employed.
SECTION S. Supervision by 'Inspector of Taxicabs'.
(a) That 'driverless automobiles' shall be under
the supervision of the 'Inspector of Taxicabs' of the City of
Corpus Christi and the duties and authority herein provided shall'
be in addition to the duties end authority already imposed and
invested under any other ordinance or order of the City Council.
(b) It shall be the duty of the ' Inspector of
Taxicabs' to inspect every 'driverless automobile' which is or
may be lioaased under the provisions of this ordinance at least
onoe every three (3) months, for the purpose of determining whether
said vehicle is in a safe condition to be operated upon the streets
or thoroughfares of the City, and the owner, hirer or lessor of
each and every suoh vehicle shall submit said vehicle to said
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n p66Aor o TIM aeabe+ roe iaapea sou ut the;'- tame -end 83.hoe-
apaa3tied b� maid laepsptdr zY amid etedp:e¢o: of TaaSasbgh
vehiois to be lq a'as.% eop44011,' 1M elpell;lhaete
BOpe ''deal ei he tlrpa
24d31eeige'adoP* b}r•,eaid 47fi6peat6r of .?
fah am smile pa t hn of seSB xehiol.y 4 tangy tom 'ante Peid
r66-, ,iappo -Dyed' Wrk-thdt eiid� vAhiele 1rke. eppdrooa:d b aq�4d:':
�sP"Q�•r Iie *driverleee �tOmobiieh 'ball be hared. _loused,
operhd ar paanitted-te Tel operated in the ;its dorpue Christi` -:
ritbonq the hpprovsl saa1 -of the TaYleabea dated got
aeie'thea Your (4) aoa-the pent. being atteehed thereto.- If, upon
iaspeetion,'aaid •IUepeator oY Tasi.aabs• finds that said 'driver -
less automobile. is Sa a- defective condition and is weeds to be-
abed upem the streets or thoroughfares as a.sdriverleee.eatomobi3.e•,
said iaspeoter shall ' order said vehtole hot to be used tea "drirer-
lose -- automebi1e *. until- said defeat or defects - no found. Shall be-
r,
rmed?bd 1(#rgr -tbe
,trek'
easr--'of said 7sh4ole has - remedied Reid defeat
ar deteets, he ebali again offer the eeme for - inapeotiaa, had i1 -add
'a�Tagpeator'of Tm:inabe•.ebll a fledesid vOhiBls is be eefe for ppTilia '`',
ass; he ehal}. appsare the. meets, hereiabefore, provided. , .ee.ld
vehicle is eti41 -3n a defective ooadib4e ee3d isapeatar shall Order
the �femP'te be no Vepd a °.fa Lbe Streb dastenaa NotJiirtg herein ;
hoeare i shell prevent nei$ °!Iaepeetar of Tsxto.bsx lroa ihepeat4ng
ab. •d ?'rerrlaes aata evils!' at nag reaeonagle`tiae that'he sees !dt
snit he'3s'ecpressiY gavel scamp ao tofdo, Pnd'if.` upon eaeb.
d#a}Seot#oq, he fiade ano1� 'd verleia apttbmob$1a• to be in a defeot4Xe
e d #tion. ha a},1 o #Ear 14 use afs�-a,'�driiei7.ePS. auto r'�,'{Ies die'
pesnhimngd ua si the aefaet ''or Aelp4P eo g;iviro eh.tl be rem�sd ;sd, -`
B6 i'drisrorieda wtemobile`.;asad tarts unsafe or in a defective co-
dltiea.;by the elgepeotor of Yeziaaba' shall lbe be operated. over sir
street -or thoroaghfere of the City -of Cerpue Christi orperaitbed-
operated{ .air ebail',the same be /aired or leaeed:or otferea
for hire or lease.
(o) Should the 'Inspector of Taxioabs° find any
°driverless automobile° to be in an meefe or defeotive condition
and order its use es a °driverless automobile° discontinued, the
caner of such °driverless automobile° shall have the right to appeal
to the City Couucil of the City of Corpus Christi within ten (if)
daps from the date of said finding end order, and °aid appeal °hall
be perfected by letter addressed to the Honorable ffieyor and City
Council of the City of Corpus Christi, elating that an appeal from
the ruling and order of the 'Inspector of Taxioabs° is desired to
be made to the City Council as a whole. If an appeal from said
decision of the °Inspector of Taxicab/1° is perfected, an herein
provided, the'deoieioa of the °Inepeeter of Taxioebs° shall be
suspended until passed upon by the City Council. Upon receiving
ouch appeal, the City Council, as soon as practicable thereafter,
shall hear ouch appeal and shall either euetain, modify, or reveres
the deoieion of the ° Inspeotor of Taxicabs° and shall forthwith
certify its decision to the °Inspector of Taxicabs° add to the owner
of each 'driverless automobile° for observance. If no appeal is
taken from such decision of the °Inspector of Texionbs° within the
time an provided herein, the said decision of the 'Inspector of
Taxicabs' shall be final.
SECTION 6. Licensee.
ja) It shall be unlawful for any person to hire or
lease, or offer for hire or lease. or to oeme or permit to be
driven, any °driverless autamobile° upon or over any street in the
City of Corpus Christi, unlese there has been obtained for such
'driverless automobile °, end existing in full faros and effect, a
license duly i.asued by the Tex Assessor and Collector, ea hereinafter
provided.
(b) No license to operate °driverless automobiles'
shell be iesued by the Tex Assessor and Collector of the City of
Corpus Christi until the 'inspector of Taxicabs° of the City of
Corpus Christi shall, after a hearing dilly had, declare by
certificate that the public convenience and necessity require
the proposed °driverless automobile° service for ihioh application
for license is rwede; provided, however. that such deolaretion of
public convenience and necessity shall not be necessary in the
following instances$
(1) For the licensing of the same number of
°driverless automobiles° being hired or leased, or offered for
hire or lease, by the applicant udder the same name on the date of
the passage of this ordinance, or the renewal of the same number of
lioen°°e,eotnally represented by vehi.olee being used as ° driverlesp
automobiles °, annually thereafter; provided enoh licensee no have
become invalid for non -seer, as hereinafter provided, shall not be
renewed.
(2) For the renewal of licensee to the applicant
for the number of °driverless automobiles° for which said 'Inspector
of Tasioabs° shell have at any time prior to the application for
such renewal made a deolaration of public convenience and necessity; •
provided, however, said "driverless automobiles° ehall have been duly
lioenaee end operated by eaid applicant during the year neat prior
to that for Which said renewal is sought, and suoh license boa not
become invalid for non -user.
(o) In determining whether public convenience and
necessity require the licensing of such °driverless automobiles°
for which application may be made, the 'Inspector of Tasioaba° shall
take into consideration whether they demands for public oonvenienoe
and necessity require such proposed or suob additional ° driverless
automobile° servioe within the City of Corpus Christi 11 the financial
responsibility of the applicant; the number. kind, type and owner -"
ship of equipment, and,the color sohene to be used by the applicant;
the increased traffin congeetion on the streets of the City of Corpus
Christi which nay result and whether the safe use of the public streets
of the City by the publio, both vehicular and pedeetrien, will be
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unduly endangered by the granting of each additional license;
°end such other relevant-facts as the City Cauneil of the Oity of
Corpus Chri.eti may deem -aflvieable or neeessery which may throw
light on the public necessity and convenience-.
(d) Any applicant for a °driveriess-actomobile°
license under the provisions of this section shall make proper
application therefor on blank, to be furnished by the °Inspector
of Taxicabs° and imnediately upon• filing of such application, the
°Inspector of Taxicabs° shall canoe a notice to be published in
the official newspaper of the City of Corpus Christi, the coot of
publication of which veld notice shall be advanced in full by
applicant. and said notice Zetate thet)epplieation has been
filed for a °driverless automobile° license. entting_forth the none
of the applicant, kind of equipment and the ownership of e°me, and
all other pertinent data set forth in saidopplioation whioh the
City Coil of the City of Corpus Christi mq deem neoeesery, and
enid public_n_ehall constitute a notice to all holders of the
existing °driverless automobile° licenses that a public hearing will
be held by the °Inspector of Taxicabs° at a public' place in the City
of Corpus Christi, Tease, to be designated by the said °Inspector of
Taxicabs° in said notice, and et a designated time given in said
notice, said designated time shall not be lees than five (5) deye
nor more then fifteen (16) days after the date of the first publica-
tion of said notioe; and said notice shall be published for three
(3)sueeeeeive days. All holders of °driverless automobile° licensee,
or any other citizen. shall thereupon be entitled to file any com-
plaints or protests that said party may see fit. In all each hearings,
the burden of proof_shell_be upon the applicant to eatablish by clear,
cogent and oonvinoing evidence that the public oonvenienoe end
neoeaeity require euoh operation of the vehicle or vehicles for which
such application has been made.
(e) If the °Inspector of Teaioabs° finds from
his investigation and hearing that the public convenience and
neoeaeity justify the operation of the vehicle or vehicles for whioh
said license is desired, he shall notify the applicant of his find-
ing, and within five (5) days thereafter the applicant shall furnish
to the °Inspector of Taxicabs° any and all relevant information which
may be required by the City Counoil of the City of Corpus Christi;
and if the °Inspector of Taxicabs° then finds that the applicant is
the owner of the vehicb or vehicles for which liaenee is desired,,
he shall require of each applicant a policy of insurance or deposit
of cash. a bonder other sedurities an hereinafter provided; end if
he shall further find that saoh policy of insurance or Dash or other
security has been filed or deposited and approved as hereinafter
provided for, and such vehicle or vehicles comply with, and the
applicant hen complied with, all relevant ordinances of the City of
Corpus Christi. and all of the rules end regulations established to
more effectively oerry out the purpose end intent of this ordinance,
he shell mean his written certificate to the City Tex Collector
certifying that the public convenience and necessity require the
operation of said °driverless automobile° or °driverless automobiles°
or any lees rancher thereof which the applicant desires and proposes
to operate, and that said applicant is entitled to have said vehicle
or vehicles licensed as °driverless automobiles° upon complying with
all other provisions of this ordinance, and the conditions and pro-
visions of the franohis° granted said applicant and the payment of
the license and inspection fen hereinafter provided.
(f) If the °Inspector of Taxicabs° finds. from mach
investigation end hearing. that the public convenience end neoeseity
do not justify the operation of the vebiole.or vehiolea for which
license is desired, be shall forthwith notify the applicant of such
finding.
(g) After the °Inspector of Taxicabs° has made his
finding and has declared the °emo, either the applicant for maid
-
license or the ownenent nr °pn°nente of eaid_gpplieation shall
have:the right to appeal to the City Co=on of-the City_of Corpse
Christi within ten (10) days from the date of_emh finding, and said
appeal shall be perfected by a letter addressed to the Mayor end
City Council of the City of Corpus Christi stating that an appeal
from the decision of the ° Inspeotor of Teadoabs° to desired to the
City Council of the City of Corpus Christi as a whole. The City
Comoil, as soon as praotioable, after receiving said notice of
appeal from the findings of the °Inspector of Taxicabs °, shall grant
the said appellant or appellants a hearing, and after the hearing
of said appeal. shall modify, sustain or reverse the findings made
by the °Inspector of Taxicabs °, and shall further certify its
decision to the ° Inspector of Taxicabs° and to the applioent for
observante. If no appeal 1s taken from the finding made by the
°Inspector of Taxicabs° within the time provided herein, the deoision
of the °Inspector of Taxicabs° shell be final.
(h) Every °driverless automobile° license not
actually represented by a vehiob having qualifications suffi-
cient to pass the inspection of the ° Inspector of Taxicabs° for any
period of ninety (CO) consecutive days aball automatically expire
=lees on or before the expiration of said ninety (90) day period
the owner of any such license shall file hie affidavit with the
°Inspector of Taxicabs °. stating ae the truth that such license has
a vehicle actually represented but that each vehicle usenet be
operated or planed in a condition to meet the qualifications of an
inspeation by the ° Inspector of Taxicabs° booense of the inability
to obtain for placing on such vehicle some material. part or equip-
ment beoans° of unavailability or regolatien of supply by some
governmental order, upon the filing of a sufficient affidavit, than
such license shall remain in force for a period of ninety (90) daye,
eonmenoing with the date of filing of suoh affidavit. Further exten-
sion of said period may be obtained by filing further affidavit as in
the first instance. For the pu -one of determining the amount of
Iiaarility Ina/rsnoe- or - deposit of "sash --or. asonritiee'.in lien thereof.
•]l Bonuses not aotuelly surrendered for eeaneellatiofi -shat/ be
taken into aeeonnt.
(1) Upon complaint - against- a liaoasse filed by
person with the °Inspector. of Taaieabas. -or upon his 01M motion
charging violation of any of the toms- of this m diasace or any
ordinanorrof the tlity of Corpus Christi. or laws Qf he be of > s
TOMea regulating motor vohioles. the "'Inspector of Taa3oabee, after
giving five (5) ds 's- notice of the ground of raid exmplsint to eoah
Licensee agairost whom oampl.aint is -wader may hear erideace with
to such -aoaplaint, and -after such haring. the *Inspector
of Tasiaabow may? revoke or suspend the Noonan of such owner for good
aeaas. sheen. -
(j) After the *Inspector of Taaioabss has heard the
aaeiplaint far ihe- revooat an or e?epeasioa- of the iioense o$ auY
owner .Of a'°driverless- automobile.; he' shall make -his findings, -wad
deelerb the s ne, and either the-- osuar.of -such w`tlrivrirleaa aitomobiloa
orthe complainant shall have the -right iteappeal to the City COndail
the Pity of Corpus- 4hristi, witbia tab (1.0) days,fr4m date of.
` Yeeid. fiediags. - -tend, eai &:appeal shall be porfeated b -1 letter addressed-..
to the Hasor and city Council of the City of Carona stating
that as appeal-.from the ruling-of the "Inspector of Ter Inaba' -is
dae$ed to the City. Cea4oil as a- whole. If an lappeal from, the deoisinh
' of the eInepeatm: of Taiigaboa is.perfented, ,ea herein provided.'the
said decision of tis elnepaotor of Taaiosba•-shall be suspended until
passed upon. by the- City - Council. ,Upon receiving such appeal, the
City Co,noil shell, ea soon ae praeticable thereafter. beer -snob
appeal, and shall either auataia, modify,- erretersa- tba-daeisiou a!
the wlnspeotor of Taxicabs'. and shall fortIuith certify its decision
to, the srnepeotor of Taxicabs* and to the licensee-for observance.
If he „atppeal din- taken from the ruling .of 'the .Inapectet oY Taziosbee
in the tims to ro,3ded'borein,°the sa34 ruling of the °Inspector of
taxicabs' shall be final.
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SECTION 7. Transfer of License Prohibited.
No license issued under the terms of this ordinance
shall be transferred to any other person except with the written
consent of a majority of the City Council, nor shall such licenee
be used for the operation of any vehicle except for the vehicle for
which said license is issued; providing, however, a vehiole not
having any license may be substituted for one permanently removed
from service by registration of such substitution with the "Inepeotor
of Taxicabs" and receipt of his certificate of inspeotion as to the
vehicle so substituted.
SECTION 8. License Posted. The license issued for
the operation of a "driverlessautomobile" under the terms of this
ordinance shall be posted within paid "driverless automobile" in a
conspicuous place, and it shall be a violation of this ordinance for
a failure to do so.
SECTION 9. License Fees. In order to defray a part
of the expense necessary to provide surveillance, supervision and
inspection of "driverless automobiles ", provide license tags, record
books and enforce
inspection fee of
persons to whom a
•
the pr visions of this ordinance, a license and
i77 4.7.1/7e/L, — — — — Dollars
) per annum for each vehicle shall be paid by the
license is issued, and auoh fee shall be collected
by the Assessor and Collector of Taxes at the time of issuance of any
license or renewal thereof. Such fee shall be paid on an annual basis
and shall be paid in advance for each calendar year on or before the
10th day of January of each year. If a license is granted during
the current year, the fee shall be made pro -rata for the balance of
the current calendar year. All amounts received as fees, under the
provisions of this ordinance, shall be deposited and kept in the
general funds of the City and applied to the payment of expenses of
the Police and Traffic Departments.
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SECTION 10. Public liability Insurance.
(a) Before any license shall be iSSUC4.. to any
owner or operator of a "driverless automobile', hereinabove defined,
or before renewal of any license, the owner or operator shall be
required to file with the City Secretary of the City of Corpus Christi,
end thereafter keep in full force and effect, a policy of public
liability inurance in a company to be authorised to do business in
the State of Texas, and performable in Nueoee County, Texas, insuring
the public against any lose or damage thd: may result to any person
or property from the operation of snob vehicle or vehicles, with
unsafe brakes or otherwise defective, or negligence of the owner or
any person driving such vehicle. and ouch policy shall provide a
maximno amount of recovery in ouch policy as to each and every vehicle
to be not lees than Five Thousand Dollars ($6,000) for injny or
death of any one person and not lees than Ten Thousand Dollars
(210,000) in any one accident; and not less than Five Thousand
Dollars ($5,000) for the injury to or destruction of property in
any one accident.
(b) Provided, however, that such owner or operator
of such 'driverless automobile' may, in lieu of the aforesaid policy
of liability insurance, make a cash deposit or place 93 collateral
security with the City Secretary of the City of Corpus Christi, Texas,
United States Government Bonds, United States Treasury Certificates.
or bonds issued by the State of Texas, County of Nueoes, City of
Corpus Christi, or Corpus Christi Independent School District; and
the amount of said cash or securities ehall,be in the amount acoord-
ing to the mount of vehicles owned or offered for hire, according to
the following scale, to -wit;
Where such person awns or offers for hire or lease only
one, and not more than one such 'driverless automobile', such cash
or securities shall be in the minimum sum of Two Thousand Dollars
(22,000).
Where such person owns or offers for hire or lease
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more than one the for each 'driverless automobile' in excess of
one there shall be added to-the amount of said oash or securities
a sum of One Hundred Dollars (9100) for each and every additional
vehiole so owned or offered for hire or lease.
Upon deposit of such cash or securities, the City
Secretary of the City of Corpus Christi shall issue a receipt, copy
of which shall be furnished to depositor and another to the 'Inepeetor
of Taxicabs'.
That esid oash and /or seourities deposited with said
City Secretary in lieu of the aforesaid policy of liability insurance
shall stand and be liable for the amount of recovery on any vehicle
being owned or operated with defective brekes or other defective
equipment as a 'driverless automobile' and hired or leased, or
offered for hire or lease, by said depository such liability shall
be in amounts of not more than the following sums, tohriti
For injury to or death of spy one or more persons in
any one accident, Ten Thousand Dollars 010,000).
For injury or destruction of property in any one
accident, Five Thousand Dollars ($6,000).
The above - described public liability insuranoe, or
the cash and/or securities in lieu thereof, shall be for the protection
of all members of the public, save and except servants, agents or
employees of the person so filing or depositing the a0me, as to the
negligent acts of any owner, operator or driver.
(o) 611 polioiee of public liability insurance shall
contain a provision for a continuing liability thereon up to the full
amount provided as to each such vehicle and as to eaoh accident, not-
withstanding any recovery thereon.
(d) In the event of the return unsatisfied of any
execution issued on any final judgment, or on any judgment from which
ac appeal may be taken without bond, rendered against any such person
hiring or leasing, or offering for hire or lease, any 'driverless
automobile', in eW' suit for damages or against the lessee of any
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such "driverless automobile" on acooimt of injury to person or
property or death occasioned by the operation of any such "driverless
automobile ", then, within ten (10) days after the return of such
execution unsatisfied, if said judgment be still unpaid, the amount
of insurance, cash or securities shall be increased by the amount of
such judgment, and failing to do so, such owner or operator shall
forthwith cease the conducting of the business of hiring or leasing
"driverless automobiles" in the City of Corpus Christi until such
additional insurance, cash or securities are deposited, or such
judgment is paid.
(e) In the event that the "Inspector of Taxicabs"
of the City of Corpus Christi shall at any time determine that any
assurance given by any. licensee has become impaired so as to afford
less protection to the public than when originally filed, other than
as stipulated and provided for in the preceding paragraph, or in the
event said inspector shall determine that any assurance given by any
licensee actually affords less protection to the public then the
minima requirements of this ordinance, he may require new or addi-
tional public liability insurance, cash or securities so as to bring
the protection of said assurance to its original amount, or to the
minimum requirements of this ordinance as the case may be. Such
action may be taken only after a hearing duly had after three (3)
day's notice given a licensee; and the licensee shall, within five
(5) days after receiving written notice of such requirement, provide
the required new or additional public liability insurance, cash or
securities; failing which, the license of said licensee shall auto-
matically terminate.
Should the "Inapeotor of Taxiosbs" determine that any
assurance given has become impaired and/or requires new or additional
insurance, cash or securities and given notice as provided herein,
the lieeneee shall have the right to appeal to the City Council of the
City of Corpus Christi within five days from the date of said notice
of finding and requirement, and said appeal shall be perfected by a
letter addressed to the Honorable Mayor and City Council of the City
of Corpus Christi stating that an appeal from the finding and require-
went of the "Inspector of Taxicabs" is desired to the City Council as
a whole. I£ an appeal from said decision of the "Inspector of Taxicabs"
is perfected as herein provided, the said decision of the "Inspector
of Taxicabs" shall be suspended until passed upon by the City Council.
Upon receiving such appeal, the City Council, as soon as practicable
thereafter, shall hear such appeal, and shall either sustain, modify,
or reverse the decision of the "Inspector of Taxicabs" and shall
forthwith certify its decision to the "Inspector of Taxicabs" and to
the licensee for observance. If no appeal is taken from said decision
and requirement of the "Inspector of Taxicaba" in the time provided,
the said decision and requirement of the "Inspector of Taxicabs" shall
be final.
(f) In the event that any insurer may desire to be
released from any insurance policy, it may give written notice of
such desire to the "Inspector of Taxicabs" at least ten (10) days
before it desires its liability released, and the "Inspector of
Taxicabs" shall thereupon give written notice by personal delivery
or by mail to any such licensee, and demand that said licensee furnish
new assurance by the expiration of the ten (10) day period above pro-
vided for, and shall discharge such first insurer from any liability
which shall accrue after the time of approval of such new policy that
said licensee may file, or shall discharge such insurer after the
expiration of said ten (10) day period.
And provided further, is the event any policy be so
cancelled upon the request of the insurer, and no insurance policy,
cash or securities are filed by said licensee before the canoellation
of said original insurance, then the license to hire or lease, or
offer for hire or lease, any "driverless automobile" granted to said
licensee shall be automatically revoked.
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(g) And provided further that neither said City
nor any officer thereof shall be held liable for the pecuniary
reeponeibility or eolvenoy of any insurer, or in any manner become
liable for any mum on account of any such claim or aot or omission
relating to the owner or driver of any such motor vehicle, nor shall
the liability of the owner of any much motor vehicle be in any manner
limited, enlarged, or changed in oonoection with this ordinance or
such license or assurance, but the judgment creditors having onuses
of action secured thereby shall be authorized to sue direotly on
such policy of insurance without *pleading the City of Corpus Christi;
and all persons known to any insurer to have been injured or damaged
in the same aooident and claiming damages thereunder may be parties
without priority of claim on payment in any suit had or instituted
on account of such matters.
(h) And provided further that any licensee who eleote
to comply with the ;sane of this section by depositing oaeh or securities
as are authorized hereunder, upon the expiration or Cancellation of the
license, or if euoh licensee shall cease to do business in accordance
with the term and provisions of this ordinance, may secure the with-
drawal of such cash or aeouritiea on deposit after the expiration of
three (S) months from the date of cancellation, expiration or failure
to continue business, upon furnishing the City Council of the City of
Corpus Christi satisfactory proof to them that the licensee has oomplied
with all the terms of this ordinance, that there are no outstanding
claims against him which may result in judgment upon which suite
could be filed subsequently by judgment oreditore of the licensee
against the cash or securities, and in no event shell such cash or
securities be held for a period of more than two years from the date
of expiration, oanoellation or failure to the licensee to continue
business, unless there is then pending an undisposed of suit or suits
against said licensee.
(i) Upon presentation to the City Secretary of a
certified Dopy of the order of any court of competent jurisdiction
directed to the said City Secretary, or upon delivery to said City
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Secretary of a certified copy of a final judgment in any suit for
damages on account of injury or death to person, or destruction of
property, occasioned by the operation of any auoh "driverless automo-
bile" or against any person having on deposit cash or securities,
as hereinabove provided, together with auoh certificates as may be
required by said City Secretary establishing the finality of such
judgment, the said City Secretary shall pay to the person named in
such judgment, or his assignee, the amount recovered in said judgment,
not to exceed the amount on bposit in the name of said judgment debtor.
In the event the deposit, or may part thereof, be in securities, such
securities shall be reduced to cash within ten (10) days from the date
of demand for py ment after five (5) day's notice to the depositor of
theintended action, unless the depositor shall, before the expiration
of said ten (10) days, substitute for said security the amount of Dash
to Which said security can be converted. Upon the payment by the said
City Seoretary of all or any part of any deposit under the provision
hereof, he shall immediately notify the "Inspector of Taxicabs" of
auoh payment and said " Inspeotor of Taxicabs" shall immediately notify
the licensee in whose name such deposit existed with the demand to
deposit additional cash or securities to replace such payment or pay-
ments, and upon failure of such licensee or licensees so to deposit
such additional cash or securities within five (5) days after such
notification by said "Inspector of Taxicabs ", the license of said
licensee shall be revoked, Notwithstanding any other provision hereof,
notice to the City Secretary or the "Inspector of Taxicabs" by delivery
of a certified copy of a judgment against any licensee, together with
supporting certificate that such judgment has been final for ten (10)
days and unpaid, shall be grounds for revocation of the license of said
lioensee named as judgment debtor and said " Inspector of Taxicabs"
shall immediately revoke said license and give notice of such revocation
to said licensee.
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SECTION 11.
(a) After the "Inspector of Taxicabs' has issued
his certificate to the City Assessor and Colls otor, ae provided for
in paragraph (e) of Section 6 of this ordinance; and before any
license -, or regal of license to operate -a taxicab shall be issued,
the Aeseaeor and Collector of Taxes shell ermine the -tax records
and ascertain whether or not the ad valorem taxes assessed by the City
of Corpua Christi against the vehicle or vehicles and other egaipment
to be used in the business of the applicant have been fully paid. If
said ad valorem taxes have -not been paid, said Assessor-and Collector
of Taxes shall refuse to issue -the applicant such license or renewal
until all of said ad valorem taxes have been paid. If said ad valorem
taxes have been paid. said aeeeesor and Collector of Taxes shall issue
to eaid applicant for license a license or renewal thereof for each
and every vehicle ae shown by the certificate, as provided for in
Section 6, paragraph (e) of this ordinance, filed with him by the
"Inepaotor of Taxicabs" to hire-or lease, of offer for hire or lease,
such vehicle or vehicle" over the streets of the City of Corpus Christi
es a "driverless automobile'. In no event shall a- license certificate
or the two (2) metal tags be issued without the Certificate of Public
Convenience and Necessity having been iaaoed for same, and if any
license is issued without said certificate, said license shall be void
and of no effect.
(b) Said license shall state the year for which said
license is issued, the name of the owner or operator of said vehicle,
ahall designate that said vehicle is a 'driverless automobile ", shall
state the make of said vehicle, the engine number of said vehicle,
and current license number of "aid vehicle, and "hall further state
that the owner or operator of said vehicle hes deposited with the City
of Corpus Christi an ineuranee policy, Dash or securities for the
protection of the passengers thereof end of the general public, as
provided for in this ordinance, and said license shall be signed
by the Assessor and Collector of Taxes and countersigned by the
Mayor of the City of Corpus Christi..
SECTION 12., It shall be the duty of every owner
offering for hire or lease any 'driverless automobile" within
the City of Corpus Christi to render for ad valorem taxes to the
City of Corpus Christi all vehicles or other equipment used in
such business, and a failure to render for`end to pay such ad
valorem taxes to the City of Corpus Christi before they become
delinquent shall operate es a revocation of any license or permit
authorising the hiring or leasing, or offering to hire or lease,
for use over or on the public streets, alleys and ways of the
City of Corpus Christi of any suoh "driverless automobiles.'
SECTION 1S. No permit or license or renewal thereof
authorising the owner to hire or lease, or to offer to hire or lease,
for use over or on the streets, alleys, end ways of the City of Corpus
Christi shall ever be issued if eny delinquent taxes are due the
City of Corpus Christi upon any "driverless automobile' for which
such permit or license or renewal thereof is sought, or if the
owner thereof has failed to render same for ad valorem taxation.
SECTION 14. Any "driverless automobile" mey
have painted on the door of said automobile the name of the owner
or the assumed name under which the owner operates, together with
the company's telephone number and the vehicle number. and further
provided that the number of the automobile and the telephone number
of the owner may be painted upon the rear of any such vehicle.
SECTION 15. Fares to be Charged. The rate of fare
for one (1) or more persons shall be not exceeding Three Collars
($5-00) per hour for each hour or fraction thereof.
SECTION 16. Receipts for Fares Paid. It shall be
unlawful for the owner or operator of any "driverless automobile"
upon receiving Rill payment of a fare to refuse to give a receipt
upon the request of any lessee making said payment.
SECTION 17. Core of Property Left in Vehicle.
All owners or operators of "driverless automobiles" shall promptly
deliver to the police department, or to authorised agencies of their
companies, all property left in such vehicles by passengers. Who-
ever violates the provisions of this section shall be guilty of a
misdemeanor.
SECTION 16. Records of "Driverless Automobiles':
*written record shall be kept and preserved by every lieeneee
under ordinance, subject to the inspection of any police officer
or the "Inspector of Texioabs" of the city. showings
(a) The date and hour of each hiring or leasing.
(b) The city license number of the vehicle.
(o) The name end place of residence of the person
engaging or leasing such vehicle.
(d) The name and address of the person driving the
vehicle.
(e) The date and hour of the return of the vehicle.
• Dopy of the record shall be furnished to the "Inspector
of Texiaabe" and any police officer of the city upon request, covering
not more than one vehicle and not more then one date in any one
request.
SECTION 19. Inspection. The "Inspector of Taxicabs",
on application for the operation of said "driverless automobile"
under license, shall cause to be made a complete examination of
ease to determine if lights, horn, brakes, end general mechanical
condition is consistent to the eafety of the public, and if such
condition is found to be safe. then such license may be issued.
SECTION 20. General Provisions Fixing Penalty.
Any person, firm, corporation, association, partnership, or society
violating sap provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punished by
a fine of not lees than Five Dollars (95.00) nor more then One
Hundred Dollars (5100.00), and each day such violation continues
shall constitute a separate offense; and the City Council mey, in
addition to the penalty herein prescribed, suspend or revoke the
license to operate any "driverless automobiles or 'driverless
Automobiles stand . Each act done in violation of this ordinance,
or any provisions thereof, shall constitute a separate offense and,
upon conviction, be punishable as such.
SECTION 21. Saving Clause. If any section, or pro-
visions of any section, of this ordinance shall be deolared to be
void, ineffective. or unconstitutional, the holding of such section,
or provision of any election. to be void, ineffective, or unconstitu-
tional for any pause whatsoever shall not affeot the validity of the
remaining sections and provisions of thia ordinance.
SECTION 22. Ordinances Repealed. All ordinances or
parts of ordinances in conflict herewith shall be and ere hereby
repealed, especially repealing Ordinance No. 768, Ho. 1129, No. 1388,
and No. 1393, and including any and all amendments.
SECTION 23. Cuanlative. This ordinanoeehall be cum-
ulative of all ordinances not expressly repealed and not in conflict
herewith of the City of Corpus Christi, and of all lave of the State
of Texas.
UNCTION 24. The fact that motor vehicles are being
hired or leased, or offered for hire or lease, within the corporate
limits of the City of Corpus Christi without sufficient regulation
and to the detriment of the general welfare of the citizens of Corpus
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Christi, oreates a public emergency, and an imperative public
necessity requiring the suspension of the Charter rule or require-
ment that no ordinance or resolution shall be passed finally on
the -date of its introduction, and that said ordinance or resolution
shall be read at three several meetings of the City Council, and the
Mayor having declared that such emergency and imperative public
necessity exist, and requested that said Charter rule be suspended,
and that this ordinance be passed finally on the date of its intro-
duction, and take effect and be in full force and effect from and
after its passage, IT IS SO ORDAINED.
PASSED AND APPROVED this day of
A. D. 1944.
ATTEST'
MAYOR. City of Corpus Christi, Texas
APPROVED AS TO LEAH, PORMs
City
h' o neq y
7.,:t.
CHRISTI, TEXAS
/, 1944
TO THE MEMBERS OF TEE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause
of the foregoing ordinance, a public emergency and an imperative
public necessity exist for the suspension of the Charter rule or
requirement that no ordinance or resolution shall be passed finally
,on the date it is introduced, and that ouch ordinance or resolution
shall be read at three several meetings of the City Counoiij
therefore, hereby request that you suspend said Charter rule or require-
ment and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Counoil.
Respectfully
MAYOR, City of Corpus Christi,
Texas
The Charter rule was suspended by the following votes
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
E. O. Moffett
The above ordinance was passed by the f. lowing votes
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segreet
H. 0. Moffett
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