Loading...
HomeMy WebLinkAbout17372 ORD - 11/24/1982AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHARTER 57, VEHICLES FOR HIRE, ARTICLE II. TAXICABS, BY PROVIDING FOR GRANTING CERTIFICATES OF CONVENIENCE AND NECESSITY AND THE REGULATION OF TAXICAB OPERATIONS, AND RELATED PROVISIONS THERETO; AND PROVIDING FOR SEVERANCE AND PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 57, Vehicles for Hire, Article II. Taxicabs, of the Code of Ordinances of the City of Corpus Christi, Texas, be amended by amending Divisions 1 through 5 of said Article to read as follows: ARTICLE II. TAXICABS DIVISION 1. GENERALLY Sec. 57-20. Definitions. The following terms, as used in this article, shall have the meanings respectively ascribed to them: Certificate. A certificate of convenience and necessity for taxicab service issued pursuant to this article. Driver; chauffeur. The terms "driver" or "chauffeur" shall be held to include every person in actual charge of the operation of a taxicab, whether he is the owner or is an agent, servant or employee of the owner. For hire. The term "for hire" shall mean for money or other thing of value, gratuities, tips and free-will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Owner. The term "owner" shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab. The term "taxicab" shall mean every automobile or motor -propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" 17372 SEP 2 81984MIGROFILMED does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand. A public place alongside the curb or curbline of a street which has been designated by the director of transportation as reserved exclusively for the use 'of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter. The term "taximeter" shall mean a machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Waiting time. The term "waiting time" shall mean such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57-21. Enforcement and administration - Generally. Enforcement and administration of the provisions of this article shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57-22. Same - Police assistance. The taxicab inspector and such other employees as are designated by the city manager may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. 2 Sec. 57-23. Taxicab inspector - Appointment. Taxicabs shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57-24. Same - Duties generally. It shall be the duty of the taxicab applications for certificates to operate taxicabs inspector to receive all and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs, inspect the taxicab vehicles within the city, and such other duties as may be required of him in connection with the taxicab operations. Sec. 57-25. Same - Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder Secs. 57-26 - 57-29. Reserved. DIVISION 2. CERTIFICATES, FEES, BUSINESS REGULATIONS Sec. 57-30. Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. 3 Sec. 57-31. Certificate application - Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a non-refundable filing fee of one hundred dollars ($100.00) to cover administrative costs and the costs of publication of notices as required in this article. Sec. 57-32. Same - Information to be given. Every application for a certificate under this article shall include the following information: (1) (2) The name and address of the applicant. Financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments. (3) Experience of the applicant in the passengers. Any facts which the applicant believes public convenience and necessity require proposed certificate. The minimum and maximum number of vehicles proposed operated by the applicant. Location of proposed base of operations and The color scheme and insignia to be used vehicles of the applicant. (8) The probable age and condition of the vehicles to be used by applicant. The public telephone number to be used by the public to request service. (10) A description of the communications system to communicate requests from prospective passengers to the taxicab driver. (4) (5) (6) (7) transportation of tend to prove that the granting of the call box to be stands. to designate the (9) 4 Sec. 57-33. Same - Consideration of application. When application for a certificate has been made, the city manager or his designate shall determine if the public convenience and necessity will justify the granting of such certificate, taking into consideration the public demand for additional taxicab service. The ability of the applicant to comply with the regulatory ordinances of the city, including the equipment and service proposed to be furnished, shall also be considered. The matter of determining public convenience and necessity may be referred to the taxicab inspector for his advisory finding an such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 57-34. Same - Burden of proof at hearing. In all hearings pursuant to section 57-33, 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 the 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. Proof that the applicant seeks renewal of an existing certificate for operating taxicabs shall constitute prima facie proof of public convenience and necessity. Sec. 57-35. Same - Public notice of application; hearings. Upon any application for a taxicab certificate under the provisions of this article, the taxicab inspector shall cause a notice to be published in the official newspaper of the city. The notice shall state that an application has been filed for a taxicab certifiate, setting forth the name of the applicant, kind of equipment and the ownership of same and all other pertinent data set forth in such application which the city may deem necessary. Publication of such notice shall constitute a notice to all holders of the existing taxicab certificates that a public hearing will be held by the taxicab inspector at a public place in the city to be designated by the taxicab inspector in the notice and at a designated time given in the notice. Such designated time shall not be less than five (5) days nor more than fifteen (15) days after the date of the first publication of the notice, and the notice shall be published for three (3) successive days. All holders 5 of taxicab certificates or any other citizens shall thereupon be entitled to file any comments, complaints or protests. Sec. 57-36. Same - Issuance. If it is determined from the investigation and hearing that the public convenience and necessity justify the granting of a certificate, a recommendation shall be made to the city council that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) years from the date of issuance. The applicant shall be notified of such recommendation. If it is determined from the investigation and hearing that the public convenience and necessity do not justify the granting of a certificate, the applicant shall be notified of such findings. Sec. 57-37. Street rental charges. (a) Each person holding a certificate to operate a taxicab upon or over the streets within the city shall pay to the city as a street rental charge the sum of two (2) percent per annum of the gross receipts of the taxicab operations measured by the total fares collected from passengers and all other gross income derived from the operation of the taxicabs. (b) It shall be the duty of the holder of the certificate to file with the director of finance a sworn statement showing all receipts of the owner from the operation of taxicabs, which verified statement shall be filed within ten (10) days following the end of each calendar month. The holder shall install and keep an adequate system of bookkeeping to be approved by the director of finance, which books shall be subject to inspection by any person whom the city manager may designate so as to enable the city to check the correctness of the accounts kept and the amount of street rental charges due to the city by virtue of this article. (c) If the holder of the certificate shall fail to comply with any of the requirements herein or shall willfully file any false statement of gross receipts, the same shall be cause for a forfeiture of the rights of the holder to engage in the business of operating taxicabs within the city. Sec. 57-38. Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for an pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render 6 for and to pay such ad valorem taxes to the city or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57-39. Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is, licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57-40. Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor. Sec. 57-41 - 57-55. Reserved. ' DIVISION 3. FINANCIAL RESPONSIBILITY Sec. 57-56. Liability Insurance - Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of public liability insurance with a company duly authorized to do business in the state and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000) for injury or death of one person and one hundred thousand dollars ($100,000) for injuries or deaths in any one occurrence; and not less than twenty-five thousand dollars ($25,000) for injury to or destruction of property in any one occurrence. Each 7 insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. Sec. 57-57. Same - Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57-58. Same - Compliance with Safety-Responsibility Act. The owner or operator of a taxicab may comply with the insurance provisions required in this article by obtaining approval from the Texas Department of Public Safety as a self-insured under the Texas Motor Vehicle Safety-Responsibility Act, Vernon's Annotated Texas Civil Statutes Article 6701h, and keep in full force and effect excess public liability insurance providing coverage not less than the limits specified in Section 57-56 above. A certificate from the Texas Department of Public Safety and an insurance certificate indicating coverage under the excess liability policies must be furnished the taxicab inspector and maintained in accordance with the provisions of Section 57-56 above. Sec. 57-59. Non-Liability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab. Secs. 57-60 - 57-74. Reserved. DIVISION 4. VEHICLES Sec. 57-75. License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. Sec. 57-76. Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a 8 taxicab. The application shall be accompanied by an inspection fee of ten dollars ($10.00) per vehicle to be licensed. Prior to the issuance of a license for a taxicab, the taxicab inspector shall conduct an inspection of the vehicle to determine that it complies with the requirements of this article and the regulations promulgated vehicle fails to pass this inspection, (10) days to remedy any defects and without the necessity of payment of an additional pursuant thereto. In the event a the certificate holder shall have ten submit the vehicle for re -inspection inspection fee. Section 57-77. Non -transferability of license. No license issued under transferred to any other vehicle. the terms of this division shall be No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57-78. Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57-79. Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of th Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward e city. such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57-80. Inspections - Generally. It shall be the duty of the taxicab inspector to inspect every licensed taxicab at least once every six (6) months for the purpose of 9 determining whether such vehicle is in a safe condition to be operated as a taxicab. The owner shall submit such vehicle to the taxicab inspector for inspection at the time and place specified by the inspector. If the taxicab inspector finds such vehicle to be in a safe condition, he shall paste a paper seal of a type and design adopted by him on some portion of such vehicle stating the date the vehicle was inspected and that the vehicle was approved by the inspector. No taxicab shall be operated in the city without the seal of the taxicab inspector indicating current inspection. If the taxicab inspector finds that the taxicab is in a defective condition and is unsafe to be used as a taxicab, he shall order such vehicle not to be used as a taxicab until the defect so discovered shall be remedied. After the owner of such vehicle has remedied the defect, he shall again offer the same for inspection, and if the taxicab inspector shall find such vehicle to be safe for public use, he shall approve the same as hereinbefore provided. No additional fee for the inspection shall be charged. Nothing contained herein, however, shall prevent the taxicab inspector from inspecting any taxicab at any reasonable time that he sees fit, and he is expressly given power so to do, and upon finding such taxicab to be in a defective condition, he shall order its use as a taxicab discontinued until the same has been approved by him. Sec. 57-81. Same - Right of appeal from decision of inspector. Should the taxicab inspector find any taxicab in a defective condition and order its use as a taxicab discontinued, the owner of such taxicab shall have the right to appeal to the city manager within ten (10) days from the date of such finding and order, and the appeal shall be perfected by letter addressed to the city manager stating that an appeal from the ruling and order of the taxicab inspector is desired. Upon receiving such appeal and notice thereof, the city manager or his designate shall within five (5) days hear such appeal and shall either sustain, modify or reverse the decision of the taxicab inspector. If no appeal is taken from the decision of the taxicab inspector in the time as provided herein, the decision of the taxicab inspector shall be final. 10 Sec. 57-82. Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article. Sec. 57-83. Identification on taxicabs. Every taxicab shall have placed on the front door on each side of the cab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. The number of the cab and the telephone number of the owner shall also be placed upon the rear of any such vehicle. All of the lettering mentioned in this section shall not be less than two and one-half (2 1/2) inches in height and not less than five -sixteenths (5/16) stroke with such paint or decalcomania as will weather the elements. Such lettering and paint must be kept legible at all times. Sec. 57-84. Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages andenters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Sec. 57-85. Two-way communications. Each vehicle used as a taxicab shall be equipped with an operable two-way communications system to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. Sec. 57-86. Taxicab Stands - Use regulations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Secs. 57-87 - 57-95. Reserved. 11 DIVISION 5. DRIVERS Sec. 57-96. Taxicab driver's permit required. Every person desiring to drive a taxicab in the city shall apply for and obtain a taxicab driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector. Sec. 57-97. Application for taxicab driver's permit. To obtain a city taxicab driver's permit, each person shall make written application therefor to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed. (3) The applicant's place of residence for the past five (5) years. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and three (3) prints of the applicant's photograph. (5) Whether applicant has had experience driving a taxicab or in a related type of work. (6) Whether applicant has been convicted of a felony, misdemeanor or other traffic law violation and, if so, full information concerning the same. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. 12 (8) The number and date of issuance of applicant's Texas chauffeur's license. (9) The most recent date of completion of a certified defensive driving course. Upon receipt of such application, the taxicab inspector shall send a copy of the application to the chief of police for his investigation of the applicant. Sec. 57-98. Character investigation of applicant. The chief of police shall make or cause to be made investigation of the character, experience and qualifications of the applicant for a taxicab driver's permit and shall determine whether or not the applicant is fit to operate a taxicab within the city in a manner consistent with the welfare of the citizens of the city. Sec. 57-99. City's geography test required. The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc., to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's permit to such applicant. Sec. 57-100. Identification cards. After the applicant's fingerprints have been cleared through the respective federal and state bureaus and he has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) identification cards, one of which shall contain the full view photograph of the applicant, police identification number, and further, such card shall read "TO THE PASSENGER OF THIS CAB: If the description of the driver of this cab does not conform to the photograph hereon, you will please leave the cab and notify the department of police immediately, giving the number of cab and the operating name of the company." The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and each taxicab in operation within the city under the provisions of this article will be required to purchase a container to receive this card, which container will be permanently attached to each taxicab. 13 faith to determine whether, in the judgment of the prospective employer, the driver should be employed to drive taxicabs in the city. Sec. 57-103. Duration and renewal of driver's permit. The taxicab driver's permit, when issued, shall not be transferable and same shall be valid for a period of twelve (12) months and shall expire automatically unless renewed. No renewal shall be issued after thirty (30) days after a permit has expired. No renewal of any taxicab driver's permit shall be issued unless and until the applicant for renewal shall have shown proof of satisfactory completion of a certified defensive driving course within the two year period immediately prior to the application for renewal; and provided further, that the accident record of such applicant for renewal shall not show three (3) or more convictions involving accidents with property damage or personal injury within the preceding six (6) months. Sec. 57-104. Suspension or revocation of taxicab driver's permit. Any taxicab driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this article. Such permit may also be revoked or suspended if the holder of the permit is charged with any felony or misdemeanor involving moral turpitude or is negligent or careless in the operation of a motor vehicle. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the time of sending such notice; provided, however, that the person whose permit has been suspended or revoked may, within five (5) days after the sending of such notice, appeal to the city manager for reinstatement by a request in writing for such relief. The city manager or his designate shall set a date not later than five (5) days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain or reverse the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. 15 Sec. 57-105. Neat and clean appearance of drivers; drivers' uniforms. It shall be the responsibility of every person operating a taxicab service in the city to require and insure that the drivers of taxicabs of such service are neat and clean in appearance while on duty. Sec. 57-106. Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty-four (24) hour period. Sec. 57-107. Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. Sec. 57-108. Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57-109. Most direct route to be used. Any driver of a taxicab employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57-110. Delivery of articles left in taxicabs to police. All drivers of taxicabs shall promptly deliver to the police department or to authorized agents of their companies all property left in such vehicles by passengers. Sec. 57-111. Parking restrictions. No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57-112. Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57-113. Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person 16 or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 57-114 - 57-126. Reserved. SECTION 2. That Chapter 57, Vehicles for Hire, Section 57-134, of the Code of Ordinances of the City of Corpus Christi, Texas be amended to read as follows: No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. SECTION 3. This ordinance shall be effective as of the date of its final passage; provided, however, that the increased insurance requirements contained in Division 3, Fiscal Responsibility, of Section 1 of this ordinance shall not become effective as applied to current holders of taxicab franchises until March 1, 1983; and current holders of taxicab franchises shall have until such date to procure the required additional coverage and present proof of same to the taxicab inspector pursuant to the requirements of this ordinance. Any person making application for a certificate of convenience and necessity for a taxicab operation not currently the holder of a valid taxicab franchise shall comply with the new requirements for insurance in Division 3, Fiscal Responsibility, as of the date of final passage of this ordinance. SECTION 4. If any provision of this ordinance or the application thereof shall be held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without of this the invalid provision or application, and ordinance are declared to be severable. SECTION 5. Publication shall be made to this end the provisions one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance stating in substance the purpose, intent, and effect of this ordinance. 17 In addition to the card required for the taxicab, a driver's permit in card size will be issued which shall contain the photograph, full description, residence address and police identification number of the applicant. Such card shall be carried on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector, or any police officer of the city. Sec. 57-101. Appeal from issuance or denial of taxicab driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager within ten (10) days, which appeal shall be perfected by delivering, in writing a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than five (5) days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal shall, within a period of five (5) days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57-102. Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab within the city in a manner consistent with the welfare of the citizens. The file of any taxicab driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder for employment as a driver. Every application for a driver's permit as a taxicab driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good 14 fj That the foregoing ordinance wasreadfor tfirst timed passed to its second reading on this the /0- lay of _ 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance...vg read for / third reading on this the day of following vote: Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance v. on this the day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles N. Kennedy Cliff Zarsky PASSED AND APPROVED, this the �2 day of ATTEST: time aij�l passed to its 1912 , by the read for the t rd time and passed finally , 19g i , by the following vote: 1 Ci Secreta° ' . AP ROVED: ,{/�,, / �'� +... DAY OF AIONu % ,, 195-✓ J. BRUCE .Y L K, ITY ATTORNEY By Assi�ant City Attorney MAYOR 1772 A41( ft THE C TY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, }ss. Before me, the undersigned, a Notary public, this day personally C ROSALES who being first duly sworn, according to law. Says that he is the County of Nueces. #17329 CITY OF C.C. /732 of the Corpus Christi Caller and The Corpus .......... _ nrrnTtNT7SIG...GL ......................................... of Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publics NOTICE OF PASSAGE OF ORDINANCE CORPUS CHRISTI CALLER -TIMES ________ of which the annexed is a true copy, was published 9th ' N�--VEMBER __.1982 -, and once each...... DAY__._.__..thereafier for.. ONE , on the._......._ day of-- consecutive _..pa- RICA C. NG CLERK ' .. -"' - -_• — 27.00 ' _...__.._. DECF;MBE.R_•..__ 1882 b- -- ubs ACCOUNTING CLERK 10h day ot.—_•---• ••— Subscribed and sworn to before me this......1...01 --•- Nu County, T EUGENIA S. CORTEZ