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HomeMy WebLinkAboutOrdinance - 670-1941 - Regulate Transportation Agents. Defining Terms - 05/22/194105-2..2-/S~} No. ill 0 AN ORDINANCE TO REGULATE ctTRANSPORTATION AGENTS", DEFINING THE TERMS "PERSON" 1 "TRANSPORTATION AGENT" 1 "LICENSE"; REQUIRING SUCH TRANSPORTATION AGENTS TO HAVE LICENSE AND PRE- SCRIBING A lEE THEREFOR, TO FURNISH BOND; PROVIDING FOR THE ISSUANCE AND CANCELATION OF SUCH LICENSE BY THE CITY OF LUBBOCK; PROVIDING FOR THE KEEPING OF CERTAIN RECORDS AND FOR THE INSPECTION OF SAID RECORDS; PROVIDING THAT THE LICENSE FEE SHALL BE PAID INTO THE GENERAL REVENUE FUND OF THE CITY OF LUBBOCK; PRESCRIBING A F.EE FOR THE ISSUANCE OF LICENSE; PROVIDING PENALTIES FOR CER- TAIN VIOLATIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. DEFINITIONS: In this Ordinance, unless the context otherwise requires; {a) The term "person" when used in this Ordinance means an individual, firm or corporation. (b) The term "commission" When used in this Ordinance means the City Commission of the City of Lubbock, Texas. (c) The term "transportation agent" as used in this Ordinance means a person, acting, either individually or as an officer of a corporation, member of a partnership or association, or employee, agent or representative of a cor- poration, or otherwise, who or which shall sell or offer for sale within the corporate limits of the City of Lubbock for compensation, transportation for passengers of any character, . or who or ·which make any contract, agreement or arr~ngements to provide, furnish or arrange for such transportation, directly or indirectly, whether by sale of tickets or of information, or the introduction of parties where a consideration is recited or otherwise. or who or which shall hold himself or itself out ' by advertising, solicitation or otherwise as one who sells, ) provides, procures, contracts, or arranges for such transportation, information or introduction, where said transportation is to be performed by the use of motor vehicles by persons, firms, cor- porations, associations, inCluding lessees, trustees and receivers, not holding a certificate or certificates of conveyance and necessity from the City Commission of the City of Lubbock, Texas. (d) The term "license" as used in this Ordinance means a license issued to a transportation agent as that term is herein defined. SECTION 2. It shall be unlawful for any person to engage in the business or act in the capacity of a trans- portation agent within the corporate limita of the City of Lubbock, without first obtaining a license from the City of the Ci tv of ls:&eook. CQmmission SECTION 3. A license may be issued to any qualified applicant therefor by the City Commission of Lubbock, Texas, upon application to the Commission in suCh form as the Comndssion may pres~rlbe, and if it be found that the applicant is fit, willing and able to properly perform the services of a transportation agent, and to conform to the rules, requirements and regulations promulgated by the Railroad Commission of the State of Texas, and upon payment to the City of Lubbock of the fee herein provided and the filing of a proper bond as herein provided. Upon the compliance of the above and foregoing con- ditions and upon the finding by the City Commission that the applicant is fit, willing and able to properly perform the ser- vices of a transportat~on agent, the City Commission shall issue t~e license authorizing the applicant to engage in the business of transportation agent within the City limits ot the City of Lubbock, Texas; otherwise, the applicant for such license shall be denied license. Each _license granted shall contain: (1) The name of the licensee. (2)'· The location in the City of Lubbock Where 2 applicant will carry on the business of acting as transportation agent; and the license shall, after issuance by the City Commission, _) be displayed in a prominant place at the location named therein, and it Shall be unlawful for the licensee to do business as a transport agent at any other location in the City.of Lubbock. However, the holder of said license, with the approval and consent of the City Commission move his place of business to some other location within the City of Lubbock. No license shall be transferable or assignable. If any applicant operates or de- sires to operate at more than one location, he shall be required to procure a separate license for each such location. SECTION 4: The fee for a transportation agent's license shall be FIFTY ($50.00) DOLLARS per year, to be paid at the time of the application therefor or the renewal thereof, and every transportation agent's license shall expire on the 31st day of December of each year; provided licenses for a tractional part of the year may be issued by the Commission to expire on the 31st day of December of the year when issued upon the payment of the fee for the pro-rata part of the year, and upon the applicant complying with the terms of this Ordinance. The Commission shall furnish such forms for application for license, or a renewal of license, as may be necessary, and which may be had by application to the Co~ssion. SECTION 5: Before iss~ing a transportation agent's license, the Commission shall require the applicant to furnish bond, payable to the City of LubboCk, in the sum of t1ooo.oo, with solvent sureties to be approved by the Commission, conditioned that the applicant will faithfully perfor.m all the duties and undertakings of a transportation agent. Such bond shall be for the benefit of the City or Lubbock as well as for all persons dealing with such transportation agent. Any 3 person who suffers injury or damage by reason of any negligent act of a transportation agent, or by reason of the breach by such transportation agent of any of the conditions of his license, or any duties imposed upon such transportation agent by the terms of this Ordinance, may bring suit in any court of competent juris- diction in Lubbock County, Texas, and recover upon such bond. Provided, further, that if any such bond shall, for any reason, be canceled, annulled, exhausted or partly exhausted, then the license of such transportation agent shall stand suspended until an addi tiohal bond o'l like amount and tenor shall be filed with and approved by the Commission. SECTION 6. RECORDS: Every transportation agent shall maintain and keep for not less than two (2) years an exact record on forms to be provided by the Commission, all of the transactions as such agent, including: (1) Amount to b~ paid by each person trans- ported, and by any motor carrier, and name of each such payor; (2) Point of destination; (3) Name of motor carrier; (4) Name of driver of the vehicle used; and (5) License number or other identification plate number, and make and motor number of the vehicle. Every transportation agent shall, by the tenth (lOth) day of each month file with the City Secretary of the City of Lubbock, a verified copy of the above record lor the month next preceding the date of such filing, and the City Secretary shall keep sud& records for not less than two (2) years from date of filing; and the same shall be subject to inspecti~n by any person as public records. SECTION 7: All license fees paid or to be paid for licenses as herein provided, shall be paid and PQt into the general fund. 4 \.._.) SECTION 8. Any person acting as a transportation agent as that ter.m is herein defined, without a license duly issued by the City Commission, or any licensed transportation agent violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by fine of not less than FIFTY ($50.00) DOLLARS nor more than ONE HUNDRED ($100.00) DOLLARS, and each day the .violation con- tinues shall constitute a separate offense. SECTION 9. The City Commission may, at its discretion, after ten (10) days' notice and a hearing, cancel any license issued under the provisions of this Ordinance for the violation of this or any other Ordinance of the City of Lubbock, the violation of any laws, orders, rules or regulations promulgated by the Railroad Commission of the State of Texas, or for any failure of any transportation agent to discharge any or all just claims or demands of any member of the public for Which such transportation agent may be legally liable, by reason of any act of such transportation agent in selling, providing, procuring, contracting, or arranging for suCh trans- portation, information or introductions under the terms of this Ordinance. SECTION 10: It any section, subsection, clause, sentence or phrase of this Ordinance is, for any reason, held to be unconstitutional and invalid, sueh decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 11: The .fact that there are at the present time, many persons in the City of Lubbock, acting as transportation agents, as this ter.m is herein defined. and that 5 .. the City of Lubbock bas no Ordinance regulating such transportation agents, and the fact that such transportation agents have been c=) known to introduce persons to ~rivers of motor vehicles and collected commissions and fees, and said persons after paying said co~ssions and fees have been ~eft stranded in tbe City of Lubbock far away from home and without means to secure transportation and the further fact that it bas been known that passengers, after securing transportation through local trans- portation agents and after beginning their journey, are often required to pay additional money or buy supplies in order to complete their journey; tbe further fact that there has developed in the City of Lubbock, a class of irresponsible persons who operate automobiles to transport persons as passengers, for hire, who . have no insurance to protect persons from personal injury or loss or damage to property and Who are unable to respond in damages; that passengers are subjected to indignities and insult; that irregularities, abuses and injuries to the traveling public have arisen which are dangerous to the welfare, health, morals and safety of the general public; and that the regulations of transportation agents in the City of Lubbock is essential and necessary to the proper regulation of motor vehicle transportation, creating an emergency and an imperative public necessity that the rule providing all ordinances be read twice before passage be suspended; that said rule is hereby suspended, this Ordinance shall take effect and be in full force and effect from and after its passage and publication, and IT IS SO ORDERED • .tt~ PASSED and approved this the J;O:th day of~ ?Jtry A. D. 1941. t~ Passed and approved seeond reading this 25kao:-yt~ ' Mayor of the City of Lubbock,Texas ATTEST: ~·d < City Secretary 6