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Ord. 0543-03 2005-12-12ORDINANCE NO. 543-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING FEES, FARES AND INSURANCE REQUIREMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-6, entitled Application For Permit, to read as follows: "Sec. 32-6. Application for permit. (a) An application for a permit for taxicab service within the city shall be filed with the chief of police or his designee on a form provided by the city. An application for renewal of an existing permit shall be filed on or before December 30 of each calendar year. Application for initial service may be made at any time. The applicant shall provide the following information: (1) The name of the company; (2) The address of the company; (3) The telephone number of the company; (4) If a corporation, the name and address of the major officers of the corporation and the major stockholders; (5) If a partnership, the names and addresses of partners; (6) If a sole proprietorship, the name and address of the owner; (7) A description of the make, vehicle identification number and license number of each taxicab; (8) The name, address, age, driver's license number, social security number, copy of a valid Texas driver's license and a state department of public safety driving record for the applicant and each driver. Such information shall be kept current during the permit period. The chief of police or his designee shall review the driving record for each driver. No driver who ORDINANCE NO. 543-3 (9) has been convicted of two or more traffic violations involving motor vehicle accidents within the past 12 months shall be allowed to drive a taxicab or taxicab service upon or over any street in the city. Failure to provide such information to the chief of police for each driver operating a taxicab within the city shall be grounds for denying or revoking the permit of the taxicab company; Written proof that the minimum standards for each vehicle as required in this article have been met or surpassed; (10) The seating capacity of each taxicab according to its trade rating; (11) The terminal location; (12) The standard color or combination of colors adopted by the applicant for the applicant's taxicab fleet; and (13) A color visa -sized photograph cut to 1'/ inches by 1% inches of each driver requesting an official identification or renewal of such. (b) The application shall include a sworn statement by the applicant that the information provided in the application is true and correct." Section 2. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-7, entitled Permit Fees, to read as follows: "Sec. 32-7. Permit fees. Each application for the permit required by this division shall be accompanied by a nonrefundable permit fee of $100.00 per vehicle for ten (10) and fewer vehicles and $50.00 for each additional vehicle thereafter, to cover the expense of carrying out the provisions of this chapter." Section 3. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-8, entitled Insurance Required, to read as follows: "Sec. 32-8. Insurance required. (a) Any applicant for a permit required under this chapter shall, before the permit can be issued, procure, maintain and furnish proof of financial responsibility as required by law and as prescribed in this section. The applicant shall keep in full force and effect 2 ORDINANCE NO. 543-3 during the entire term of his permit a policy of public liability and property damage insurance, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle. Specifically, such coverage shall be no less than $250,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, in the amount of $1,000,000.00 for bodily injury to or death to two or more persons in any one accident and in the amount of $250,000.00 for injury to or destruction of property of others in any one accident. Insurance coverage means an insurance policy or a certificate of insurance covering all taxicabs of the insured, insured by a company licensed to do business in the state. The insurance company shall be of sufficient assets, with an agent in the state upon whom service of process may be made, and shall be approved by the city attorney. Every insurance policy and certificate of insurance must contain a provision or an endorsement requiring that the chief of police or his designee shall be given at least 30 days' written notice prior to the date of cancellation before such policy may be canceled by the insurer for any cause. (b) If the city attorney determines that the public liability and property damage insurance policy provided for in subsection (a) of this section has become impaired and requires new and additional insurance, the city attorney shall require such additional insurance in such company as he may feel is required to insure a faithful performance by the operator of taxicabs and his agents, servants and employees, as well as a payment by such operator of taxicabs, his agents, servants and employees or because of the violation by the operator of taxicabs, individually or through his agents, servants or employees, of any city ordinance or any of the laws of the state or of the United States. (c) If the insurance policy is canceled and no insurance policy is filed by the owner or taxicab operator before the cancellation, the permit to operate taxicabs granted to such person shall be automatically revoked." Section 4. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-10, entitled Issuance of Permit and Official Identification, to read as follows: "Sec. 32-10. Issuance of permit and official identification. (a) Under this chapter, the chief of police or his designee shall issue to each applicant a permit or renewal for each vehicle upon the filing of written proof of insurance as required in this chapter, upon ensuring that all city taxes on each vehicle and on all other personal and real property used in such business have been paid and upon a determination that all requirements of this article have been met. Permits shall be issued for a 12-month period. Such period shall run from January 1 to December 31 of each year. Any new permit issued during the year shall begin on the date of issuance and shall end on December 31 of that year. The permit shall state the period for which the permit is issued, the name of the owner or operator of the vehicle, the 3 ORDINANCE NO. 543-3 make of vehicle, the vehicle identification number, the current permit number and that the vehicle is a taxicab. (b) After the issuance of the taxicab permit, the chief of police or his designee shall issue an official identification to each driver of the permitted taxicab company who has met all of the requirements in this chapter and is therefore authorized to operate a taxicab within the incorporated limits of the city. This official identification shall be entitled "Official Identification -- Pearland Taxicab Driver" and shall contain a photograph of the driver, the driver's name, the name of the taxicab company, the issue date of the official identification and the expiration date of such. The identification shall expire no later than one year after its issuance on December 31. It shall be the responsibility of the applicant for the permit to ensure that each driver's official identification is current." Section 5. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-15, entitled Driver Approval; Driving Limit; Display of Permit; Age of Driver, to read as follows: "Sec. 32-15. Driver approval; driving limit; display of permit; age of driver. (a) No person may drive or operate any taxicab unless and until the applicant has provided his name, address, age, driver's license number, social security number, a copy of a valid driver's license from this state, and his state department of public safety driving record to the chief of police or his designee. Further, during the term of the permit, if any driver is involved in a traffic accident, receives a ticket for a traffic violation which is reflected on such driver's state department of public safety driving record or commits any offense which is so reflected, the permittee shall immediately provide the chief of police or his designee an updated state department of public safety driving record for that driver. No operator or driver of any taxicab shall operate any motor vehicle for more than 12 hours in any 24-hour period. Every driver shall display upon request and shall have on his person a valid driver's license issued by this state. No person under 19 years of age shall operate a taxicab. (b) No driver shall operate a taxicab in the city unless he has signed an affidavit stating under oath that he has not been convicted of a felony crime within the preceding five years or a crime of moral turpitude. Further, such affidavit shall state that the driver has not been convicted of the following specific crimes: driving while intoxicated (a final conviction within the most recent two years of permitting), aggravated assault, rape or theft over $200.00. The applicant or permittee shall file such affidavit with the chief of police or his designee prior to the driver operating a taxicab in the city. (c) It shall be unlawful for any owner or taxicab operator to permit any taxicab to be driven or operated within the corporate limits by any person except the owner of the taxicab or a legally authorized agent or employee of the owner or operator who has satisfied all the requirements of this section." 4 ORDINANCE NO. 543-3 Section 6. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-16, entitled Posting of Permit and Identification of Driver, to read as follows: "Sec. 32-16. Posting of permit and identification of driver. Both the permit issued by the chief of police or his designee under this chapter and the official identification of each taxicab driver required shall be posted by the applicant within the vehicle in a conspicuous place, visible to all passengers, and it shall be unlawful to fail to do so." Section 7. That Chapter 32, Taxicabs, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 32-28, entitled Fares, to read as follows: "Sec. 32-28. Fares. (a) All fares charged by a taxicab must be posted within the vehicle in a conspicuous place, visible to all passengers. Waiting time shall be posted as "waiting time/traffic delays." Failure to post the fares as required in this section shall be a violation of this section. The city council shall, by ordinance, have the right to change or establish the rates and fares to be charged by taxicabs in the city at any time it deems necessary. Fares may be charged on a lump -sum basis per trip for governmental programs if specifically approved by ordinance. Until otherwise changed by the city council, the following taxicab rates and fares shall be effective as the maximum rates and fares in the city: (1) The rate of fare for one or more passengers picked up from the same point and delivered to a common destination shall be no more than $1.50 for the first one -tenth of a mile and $0.40 for each one -fifth of a mile thereafter; (2) Waiting time consumed by the taxicab at the instance of the passengers or due to traffic delays shall not exceed $18.00 per hour. Waiting time shall be registered on the taxicab's meter with the selector lever in the time position; (3) For trips that originate between the hours of 8:00 p.m. and 6:00 a.m., an additional fee not to exceed $1.00 shall be added to the metered rate; and (4) If two or more passengers are going to the same destination, the driver shall collect only one fare as recorded on the taximeter. If the passengers 5 ORDINANCE NO. 543-3 are going to different destinations, the driver shall clear his meter at the first destination and charge the first passenger the amount recorded on the taximeter and proceed to the next destination as though it were a completely new trip. Other destinations shall be treated likewise. (b) No taxicab shall be operated at any time with a passenger unless the meter is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take the taxicab to its terminal and not operate such taxicab until the meter has been fixed and adjusted. (c) It shall be the duty of the applicant or permittee to have the taximeter in each taxicab inspected during the 30-day period immediately preceding the application for the taxicab permit and to provide written proof that each taximeter is in good working order and free from mechanical defects. The city shall have the right to inspect the taximeter at any time it so desires." Section 8. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 10. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 11. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 12. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of 6 ORDINANCE NO. 543-3 Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the 28th dNovember, A. D., 2005. Q»zl lJ "-TO ' EID MAYOR ATTEST: UNG Y S `' RETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of December, A. D., 2005. ATTEST: UN , RMC ITY S CRETARY APPROVED AS TO FORM DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING DECEMBER 12, 2005 Voting "Aye" - Tetens, Owens, Cole, Marcott and Saboe. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: December 14, 2005 EFFECTIVE DATE: December 24, 2005 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 7 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 6�A - 54 3-3 State of Texas Brazoria and Harris Counties I,Lfoyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No: / Date No. Date No. Date No. Date No. Date Subscribe and sworn to before me this 20 L iUt A ANN.EMMONS NotNotan jr-lc, State of Texas CommIss1on Expires 09-09-200 VICK day of 20 0-5-- 20 20 20 20 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 14, 2005 ORDINANCE NO. 543.3 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING FEES, FARES AND INSURANCE REQUIRE- MENTS; HAVING A SAY- INGS CLAUSE, A SEVER - ABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLI- CATION, CODIFICATION, AND AN EFFECTIVE DATE. PASSED and APPROVED ON THE FIRST READING this the 28th day of November, A.D., 2005 /sl Tom Reid Mayor ATTEST: /s/ Young Lorfing, TRMC City Secretary PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of December, A. D., 2005. /sl Tom Reid Mayor ATTEST: /s/ Young Lorfing, TRMC City Secretary APPROVED AS TO FORM Isl Darrin M. Coker City Attomey VOTING RECORD SEC: OND AND FINAL READING QF(:FMRER 12. 2005 Voting "Aye" - Tetens, Owens, Cole, Marcott and Saboe. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: December 14, 2005 EFFECTIVE DATE: December 24, 2005 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS