Ord. 0543-04 2006-02-27ORDINANCE NO. 543-4
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 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 32-8, 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
during the entire term of his permit a policy of commercial auto liability insurance,
insuring the public against any loss or damage that may result to any person or property
from the operation of such vehicle. Such coverage shall be in amounts that are no less
than the minimum coverage specified in the Texas Motor Vehicle Safety Responsibility
Act as now in force or hereafter amended. 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.
ORDINANCE NO. 543-4
(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 2. 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 3. 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 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. 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 6. 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
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.
2
ORDINANCE NO. 543-4
PASSED and APPROVED ON FIRST READING this the 13th day of
February , A. D., 2006.
ATTEST:
41 7
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th
day of February , A. D., 2006.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
FEBRUARY 27, 2006
Voting "Aye" - Councilmembers Tetens, Owens, Cole,
and Saboe.
Voting "No" — Marcott.
Motion passes 4 to 1.
PUBLICATION DATE: March 1, 2006
EFFECTIVE DATE: March 10, 2006
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I,Lloyd Morrow, hereby y 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 J-/ 20.O(
No Date
20
No. Date 20
No .Date 20
No. Date 20
Subscribe and sworn to before me this
20_
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LAURA ANN EMMONS
Notary Public, State of texas
Commission Expires 09-09-2006
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Laura Ann Emmons, Publisher
Notary Public, State of Texas
Fire. 543-
Published March 1, 2006
DE.QINAKEKMA
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
INSURANCE REQUIRE-
MENTS; HAVING A SAV-
INGS CLAUSE, A SEVER -
ABILITY CLAUSE, AND A
REPEALER CLAUSE;
PROVIDING FOR PUBLI-
CATION, CODIFICATION,
AND AN EFFECTIVE
DATE.
PASSED and APPROVED
ON FIRST READING this
the 13th day of February, A.
D., 2006.
/s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing,TRMC
City Secretary
PASSED and APPROVED
ON SECOND AND FINAL
READING this the 27th day
of February, A. D., 2006.
/s/ Tom Reid
Mayor
ATTEST:
/S/ Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
/S/ Damn M. Coker
City Attomey
VOTING RFr.ORD FIRST
AND ONLY READING FEB-
RUARY 27.2006
Voting "Aye"
Councilmembers Tetens,
Owens, Cole, and Saboe.
Voting 'No" - Marcott.
Motion passes 4 to 1.
PUBLICATION DATE:
March 1, 2006
EFFECTIVE DATE: March
10,2006
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS