Ord. 0543-07 2009-04-13ORDINANCE NO. 543-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE
OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE
OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 32 of the City of Pearland Code of Ordinances,
Taxicabs, shall hereafter be amended to read as follows:
CHAPTER 32
TAXICABS
Sec. 32-1. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Driver or chauffeur means every person in actual charge of the operation of a
taxicab, as defined in this section, whether as owner or agent, servant or employee of the
owner, as defined in this section.
Limousine means any automobile or self-propelled vehicle used for transportation of
a passenger for hire over a public street of the city, whereby the rate for hire of such
vehicle is based solely upon the time the vehicle is used, with a minimum time being
charged of at least two hours, and the vehicle is routed to a destination under the direction
of the passenger or person hiring the vehicle.
Manifest means a daily record prepared by the taxicab driver of all trips made by
such driver showing place of origin, destination, number of passengers, the amount of fare
for passengers and the total number of hours driven.
Owner and taxicab operator means any person who has the control, direction,
maintenance and the benefit of the collection of revenue derived from the operation of
taxicabs on or over the streets or public ways of the city, whether as owner or otherwise,
except a driver.
1
ORDINANCE NO. 543-7
Permit means authority granted to the owner allowing such owner to operate a
taxicab, and the permit shall authorize such operator of a taxicab to engage in the business
of transportation by taxicab. The term "permit" includes the term "license."
Taxi sub terminal means any place other than a taxi terminal in which the drivers or
chauffeurs of taxicabs shall receive calls from a dispatcher and the calls are relayed from a
taxi terminal, and which shall likewise mean and embrace the space and area used by
taxicabs while waiting for passengers.
Taxicab means every automobile or self-propelled vehicle used for transportation of
a passenger for hire over the public streets of the city, irrespective of whether or not the
operations extend beyond the city limits, at rates for distance traveled, wait time or for both
or at rates per hour, whereby such vehicle is routed to a destination under the direction of
the passenger or person hiring the vehicle. However, the term "taxicab" shall not apply to
vehicles or motorbuses operating over a fixed or definite route under permit, franchise or
license issued by the city or other regulatory authority; school buses, either private or
public; church buses; authorized emergency vehicles; limousines or vehicles hired in
connection with funeral services; or to any vehicle for hire whose route originates outside of
the city and passes through the city without discharge or pickup of a passenger or whose
route is terminated within the city without picking up a passenger.
Taximeter means a machine adapted automatically to calculate, at a predetermined
rate, and to register the charge for hire of a taxicab. Such charges shall be indicated by
means of figures. Terminal means the taxi depot, at which place the taxicabs shall be
housed or parked, at which place the telephone calls and requests for service shall be
made and at which place a dispatcher shall dispatch the taxicabs to points of request for
taxicab service. This term shall likewise be synonymous with taxi terminal and shall mean
and embrace that space and area of land and buildings off the streets of the city and upon
private property and shall be and constitute the main office of the owner and taxicab
operator.
Waiting time means 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 or such time as may be consumed or lost due
to extreme traffic conditions.
2
ORDINANCE NO. 543-7
Sec. 32-2. Enforcement.
It shall be the duty of the city manager or his duly authorized subordinates,
particularly the chief of police and the police department, to enforce this article under their
police power and all sections of this article with respect to any violation of this article and to
the regulation of taxicabs in the city.
Sec. 32-3. Penalties.
Each violation of this article shall upon conviction be punishable as provided in section
1-11 of the City Code of Ordinances. This offense is hereby declared to be a strict liability
offense and the culpable mental state required by the Texas Penal Code is hereby
specifically negated and clearly dispensed with.
Sec. 32-4. Responsibility for solvency of insurer; suits on insurance policy.
Neither the city nor any officer thereof shall be held liable for the pecuniary
responsibility or solvency of any insurer or in any manner become liable for any sum on
account of any such claim or act or omission relating to any taxicab nor shall the liability of
the owner of any taxicab or his insurer be in any manner limited or changed in connection
with this article, but the judgment creditors having causes of action secured thereby shall
be authorized to sue directly on such policy of insurance without impleading the city. All
persons known to any insurer to have been injured or damaged in the same accident and
claiming damages thereunder may be parties without priority of claim on payment in any
suit had or instituted because of such matters.
Sec. 32-5. Taxi Cab Service Permit Required.
No individual, firm or corporation shall drive or operate or cause to be driven or
operated any taxicab or taxicab service for the transportation for hire of persons upon or
over any street in the city unless there has first been obtained a permit duly issued by the
city. It shall be unlawful to drive or operate a taxicab or taxicab service without the permit,
which is in full force and effect.
Sec. 32-6. Application for permit.
(a) An application for a Taxicab Service Permit 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:
3
ORDINANCE NO. 543-7
(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 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;
(9) 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'/4 inches by 1 % inches of each driver
requesting an official identification or renewal of such.
4
ORDINANCE NO. 543-7
(b) The application shall include a sworn statement by the applicant that the
information provided in the application is true and correct.
Sec. 32-7. Permit fees.
Each application for a permit required by this division shall be accompanied by a
nonrefundable permit fee of $100.00 per vehicle if the application is for ten (10) or fewer
vehicles and a nonrefundable permit fee of $50.00 per vehicle if the application is for
greater than ten (10) vehicles. The initial application for permit shall be charged on a pro
rata basis for the then current calendar year. The permit fees established by this Section
shall automatically increase by five percent (5%) annually beginning January 1, 2009. Fees
collected pursuant to this Section shall be used to cover the expense of carrying out the
provisions of this chapter.
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.
(c) If the insurance policy is canceled and no insurance policy is filed by the owner or
5
ORDINANCE NO. 543-7
taxicab operator before the cancellation, the permit to operate taxicabs granted to such
person shall be automatically revoked.
Sec. 32-9. Inspection of Taxicabs.
(a) The chief of police or his designee shall have the right to inspect all taxicabs
permitted or to be permitted under this Section to determine if such vehicles meet the
following minimum standards:
(1) Each vehicle shall be equipped with a fire extinguisher that has a fire
extinguisher tag evidencing that the extinguisher was inspected by a
fire extinguisher service during the 30-day period immediately
preceding the application or renewal of such application for a taxicab
permit;
(2) Each vehicle shall be free from dirt or rubbish and shall be otherwise
clean and sanitary;
(3)
The Vehicle Identification Number and Vehicle Permit number shall
be compared to the numbers listed on the Taxicab Permit application
for accuracy;
(4) Each vehicle shall have the proper lettering painted on the door as
required by this Section;
(5)
Each vehicle shall display a valid and current vehicle inspection
sticker authorized by the State of Texas;
(6) Each vehicle shall be equipped with an air conditioner that is in good
working order and shall have windshields that are free from cracks;
and
(7)
Each vehicle shall be equipped with a taximeter and shall have a
certificate of calibration showing that such taximeter was calibrated
within the 30-day period immediately preceding the application or
renewal of such application for a taxicab permit and that the taximeter
is in good working order.
(b) The chief of police or his designee shall forward his findings to the
city secretary prior to the issuance or transfer of a taxicab permit so that a determination
can be made by the city secretary that all inspection requirements have been met.
6
ORDINANCE NO. 543-7
(c) Notwithstanding the foregoing, a person driving a taxicab upon the streets of
the City shall not be deemed to be in violation of this Section if such person has been
issued and holds a valid Vehicle Permit from the City of Houston.
(d) At no time shall any taxicab that is found to be unsafe by the chief of police or
his designee be operated over the streets of the city. Nothing in this section, however,
shall prevent the city from inspecting any taxicab at any time and if the city, through its
agents, servants or employees, finds that any taxicab is in a defective condition, the chief
of police or his designee shall order the use of the taxicab discontinued until the taxicab is
reinspected and approved.
Sec. 32-10. Issuance of Vehicle Permit and official identification.
(a) Under this chapter, the chief of police or his designee shall issue to each applicant a
Vehicle 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
fora 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 make of vehicle, the vehicle
identification number, the current permit number and that the vehicle is a taxicab.
(b) After the issuance of the Vehicle 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 two years 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.
(c) Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City
shall not be deemed to be in violation of this Section if such person has been issued and
holds a valid Vehicle Permit and current taxicab driver's license from the City of Houston.
7
ORDINANCE NO. 543-7
Sec. 32-11. Payment of ad valorem taxes.
It shall be the duty of every owner of a taxicab that is operated in the city limits to
pay all ad valorem taxes assessed by the city against such vehicle and all other personal
and real property used in such business. Failure to pay such ad valorem taxes before they
become 90 days delinquent shall operate as a revocation of the permit issued in
accordance with this division.
Sec. 32-12. Renewal; transferability.
Each permit issued under this chapter may be renewed from year to year by the
holder of the permit, provided the permit has not been canceled for any violation of this
chapter. The permit issued under this chapter shall be deemed personal to the holder and
shall not be transferable or assignable.
Sec. 32-13. Alteration of terms by city council.
The city council expressly reserves the right to modify, amend, change or eliminate
any of the provisions of any permit issued under this division, during the life of the permit,
to:
(1) Eliminate or delegate any conditions that might prove obsolete or impractical;
or
(2) Impose any additional conditions upon any owner, as may be just and
reasonable, and which are deemed necessary for the purpose of promoting
adequate, efficient, safe taxicab service to the public.
Sec. 32-14. Revocation.
Every operator of a taxicab in the city shall be permitted in accordance with state
laws. In addition to the penalties as provided in this Code for the violation of any section of
this Code or any city ordinance, any owner or operator of a taxicab service who violates
any section of this chapter, including permitting drivers to operate or drive any vehicle while
not properly permitted, is subject to the immediate cancellation of his permit to operate in
the city by the chief of police. However, not less than ten days before such cancellation,
the owner shall be given written notice and an opportunity to be heard before the chief of
police as to why the permit should not be canceled. No such notice or hearing shall be
deemed necessary prior to the revocation of a permit for failure to maintain proper
insurance as required in section 32-8.
8
ORDINANCE NO. 543-7
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 citation or arrested 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.
(d) Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City
shall not be deemed to be in violation of this Section if such person has been issued and
holds a valid and current taxicab driver's license from the City of Houston.
Sec. 32-16. Posting of permit and identification of driver.
Both the Vehicle 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. Notwithstanding the foregoing, a person driving a taxicab upon the streets
of the City shall not be deemed to be in violation of this Section if such person displays a
valid Vehicle Permit and current taxicab driver's license from the City of Houston.
9
ORDINANCE NO. 543-7
Sec. 32-17. Lettering on vehicle.
Each vehicle permitted under this Chapter shall have on each side and in the rear or
viewable from the rear of the taxicab the name of the owner or the assumed name under
which the owner operates, together with the company's telephone number and the taxicab
number. All of the lettering mentioned in this section shall not be less than 2.5 inches in
height and not less than 5/16 of an inch in stroke. The letters shall be of such a nature that
will weather the elements, and they must be kept legible at all times. Notwithstanding the
foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be
in violation of this Section if such person has been issued and holds a valid Vehicle Permit
from the City of Houston.
Sec. 32-18. Uniform coloring.
Each taxicab owner shall adopt a standard color or combination of colors and shall
not operate a taxicab until all of the taxicabs are painted the color or combination of colors
adopted by the permit holder.
Sec. 32-19. Overcrowding.
It shall be unlawful for any person engaged in the taxicab business to overcrowd the
taxicab and thereby endanger the passengers carried therein. As used in this section, the
term "overcrowded" shall mean that the driver is transporting a greater number of people in
the vehicle than has been recommended by the manufacturer of the vehicle or for whom
there is not a seat belt, inclusive of the driver.
Sec. 32-20. Passenger's right of exclusive occupancy.
When a taxicab is engaged, the passenger shall have the exclusive right to the full
and free use of the passenger compartment, and it shall be unlawful for the taxicab driver
or permittee to solicit or carry additional passengers therein, except with the consent of the
passenger who engaged the taxicab originally.
Sec. 32-21. Soliciting prohibited.
(a) It shall be unlawful for any driver or operator of any taxicab or for any other
person to seek or solicit passengers for any such taxicab by word or by sign, directly or
indirectly, while driving on any public street or public place of the city or while parked on
any public street or alley of the city.
(b) It shall be unlawful for any driver or operator to speak or call out in a loud
manner the term "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage" or
10
ORDINANCE NO. 543-7
passenger depot platform, grounds or premises of any railroad company, air terminal or
bus station, or upon any city sidewalk or street.
(c) It shall be unlawful for any driver or operator of any taxicab to respond to a
call unless he is properly dispatched. A taxicab is properly dispatched when a customer or
his designee requests service:
(1) From a taxicab company and the company upon which such request
is made directs one of its taxicab drivers or operators to respond to
such request; or
(2) Of a taxicab driver or operator and such taxicab driver or operator
contacts the taxicab company for which he works to advise the
company that the taxicab driver or operator is responding to the
request.
Sec. 32-22. Transportation for unlawful purposes.
It shall be unlawful for any driver of a taxicab to knowingly transport any person to
the abode of a prostitute or to knowingly transport any person, criminal, narcotic peddler or
prostitute for the purpose of aiding in the commission of a crime or the violation of the law
in any manner or to act in any manner as a pimp for prostitutes or to act as a contact
person for any unlawful establishment of any character.
Sec. 32-23. Lost or misplaced property.
(a) It shall be the duty of every taxicab driver to return immediately to the owner,
if known, all luggage, merchandise or other property left in the taxicab. If the owner of such
property is not known, the driver shall immediately turn over property to the manager of the
taxi terminal from which he operates, giving a complete report of when and where it was
left in the taxicab.
(b) All of such property shall be tagged for identification purposes. If it is not
called for by its owner within seven days, it shall be placed in storage by the taxicab owner,
where it shall be held for at least 90 days, after which, if not called for by its owner, it may
be sold for storage charges according to state law pertaining to public sales.
Sec. 32-24. Daily manifest.
Every driver of a taxicab shall maintain a daily manifest upon which is recorded all trips
made each day, showing the place of origin and destination of each trip, the number of
passengers, the amount of the fare and the total number of hours driven. All such
completed manifests shall be returned to the owner of the taxicab by whom the driver is
11
ORDINANCE NO. 543-7
employed at the conclusion of the driver's tour of duty of the day. It shall be the duty of the
owner to furnish the forms for such manifest record and to see that such manifest is kept
daily by each driver. Notwithstanding the foregoing, a person driving a taxicab upon the
streets of the City shall not be deemed to be in violation of this Section if such person has
been issued and holds a valid and current taxicab driver's license from the City of Houston.
Sec. 32-25. Taximeters.
Every taxicab operating upon the streets in the city shall be installed and equipped
with a taximeter, which taximeter shall be in good working order and subject to inspection
at any and all reasonable times by the city.
Sec. 32-26. Refusal to pay fare.
It shall be unlawful for any passenger to refuse to pay the legal fare due for the use
of any taxicab after having hired the taxicab. It shall be unlawful for any person to hire any
taxicab with the intent to defraud the person from whom it is hired and, after using the
taxicab, to fail or refuse to pay the taxicab fare due.
Sec. 32-27. Terminals and sub terminals.
(a) Every taxicab operator shall maintain 24-hour-per-day toll -free public
telephone service for customers to request taxicab services.
(b) The driver of a taxicab using a sub terminal shall remain seated in his vehicle
at all times while such vehicle is at a sub terminal. However, such driver may leave the
vehicle when actually necessary to assist passengers to enter or leave the taxicab or in any
case of accident, necessity or emergency beyond the control of the driver.
(c) The form and type of terminals, if any established within the city, shall be of
such a nature that affords a safe, sanitary and lawful operation of transportation by the
taxicabs. The site, location and type of proposed buildings and the sanitary conditions of
the terminal shall be reflected in the application.
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
12
ORDINANCE NO. 543-7
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 $2.50 for the
first two -elevenths of a mile and $0.17 for each one -eleventh 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 $20.00 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 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.
Sec. 32-29. Overcharging.
It shall be unlawful for any owner, driver or operator of any taxicab to refuse to
convey a passenger over the most direct route practical or to demand or receive an
amount in excess of the rates displayed on the rate cards displayed in the taxicab or the
rate shown on the meter, freewill tips excepted."
13
ORDINANCE NO. 543-7
Section 2. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
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. 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 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 and penalty, 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 and penalty, in
the official City newspaper.
14
ORDINANCE NO. 543-7
PASSED and APPROVED on First Reading this the 23rd day of March, A. D., 2009.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED on Second and Final Reading this the 13th day of April,
A. D., 2009.
ATTEST:
15
TOM REID
MAYOR
VOTING RECORD SECOND ANF FINAL READING
APRIL 13, 2009
Voting "Aye" - Councilmembers Owens, Saboe, Beckman,
Kyle, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: April 15, 2009
EFFECTIVE DATE: April 24, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
ORDINANCE NO. 543-7
APPROVED AS TO FORM:
6I4%..L2 It . `o
DARRIN M. COKER
CITY ATTORNEY
16
CITY OF PEARLAND
TAXICAB DRIVER APPLICATION
Taxicab Company:
Date:
Address:
Telephone Number:
Fax Number:
Email Address:
In the spaces below, please provide your name, address, age, social security number, and driver's
license number. In addition, please attach a copy of your valid Texas driver's license, a copy of a Texas
Department of Public Safety Driving Record, and a color visa -sized photograph cut to 1 '/4 inches by 1 '/4
inches. (Under Pearland City Ordinance 32-10 (c); if the taxicab driver holds a taxicab license with the
City of Houston they will not need a taxicab identification card through the City of Pearland.) (Please
attach a photocopy of the Houston Taxicab license with the application.)
Name:
Address:
Age:
Social Security No.:
Driver's License No.:
Pearland Police Department
Approved / Denied
Date:
By:
Taxicab Driver Permit
Date Issued:
Date Expires:
Taxicab Permit Application Form
Revised 09/10/09
THE STATE OF TEXAS §
§
COUNTY OF §
KNOWN ALL MEN BY THESE PRESENTS:
AFFIDAVIT
Before me, the undersigned authority, on this the day of , personally
appeared , who, after being by me duly sworn, deposed as
follows:
"My name is . I am over the age of 18 and hereby affirm that
the statements made in the attached Taxicab Permit Application, including the fact that 1 have not been
convicted of a felony or a crime of moral turpitude within preceding five years are true and correct to the
best of my knowledge and belief.
Further Affiant sayeth not.
Printed Name:
Taxicab Permit Application Form
Revised 09/10/09
CITY OF PEARLAND
TAXICAB PERMIT APPLICATION
Taxicab Company:
Date:
Address:
Telephone Number:
Fax Number:
Email Address:
In the spaces provided below, please provide (1) the names and addresses of the major officers and
majors stockholders if the applicant is a corporation, OR (2) the names and addresses of the partners if
the applicant is a partnership, OR (3) the name and address of the owner if the applicant is a sole
proprietorship. (Attach additional sheets if more space is needed.)
Name: Name:
Title: Title:
Address: Address:
Name: Name:
Title: Title:
Address: Address:
Name: Name:
Title: Title:
Address: Address:
Taxicab Permit Application Form
Revised 09/10/09
In the spaces below, please provide us the names, addresses, ages, social security numbers, and
driver's license numbers of all drivers who will be operating taxicabs for the applicant. (Under Pearland
City Ordinance 32-10 (c); if the taxicab driver holds a taxicab license with the City of Houston they will
not need a taxicab identification card through the City of Pearland.) (Please attach a photocopy of the
Houston Taxicab license with the application) You may attach additional sheets of more space is
needed. In addition, for each driver, please attach a copy of valid Texas driver's license and copy of a
Texas Department of Public Safety Driving Record.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Taxicab Permit Application Form
Revised 09/10/09
(Attach additional sheets if more space is needed.) See Appendix A
Please provide the following information for each vehicle to be permitted under this application:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
(Attach additional sheets if more space is needed.) See Appendix B
List Standard Color or
Combination of Colors
of Vehicles:
Please note that all vehicles to be permitted under this application must be inspected and passed by the
Pearland Police Department. It is your responsibility to arrange for said inspection. (Under Pearland City
Ordinance 32-9 (d); taxicabs that hold a current taxicab permit through the City of Houston will not have
to be inspected.)
Taxicab Permit Application Form
Revised 09/10/09
Please attach proof of financial responsibility as required under Pearland City Ordinance 32-8.
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.
(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.
Taxicab Permit Application Form
Revised 09/10/09
THE STATE OF TEXAS
COUNTY OF
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
AFFIDAVIT
Before me, the undersigned authority, on this date day of
, personally appeared , who after being be me duly sworn,
deposed as follows:
"My name is . I am over the age of 18 and hereby affirm
that the statements made in the attached Taxicab Permit Application are true and correct to the best of
my knowledge and belief."
Further Affiant sayeth not.
THE STATE OF TEXAS
COUNTY OF
§
§
§
Printed Name:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed.
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
Commission Expires:
Taxicab Permit Application Form
Revised 09/10/09
Appendix A
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name: Age:
Address: Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name:
Address:
Age:
Social Security No.
Driver's License No.
Phone No.
Name: Age:
Address: Social Security No.
Driver's License No.
Phone No.
Please make additional copies as needed.
Taxicab Permit Application Form
Revised 09/10/09
Appendix B
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model:
Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Vehicle No.
Year/Make/Model: Passenger Capacity:
Please make additional copies as needed.
Taxicab Permit Application Form
Revised 09/10/09