HomeMy WebLinkAboutOrdinance - 9835-1995 - Amending Chapter 27 Operation Vehicles For Hire - 08/24/1995\.
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First Read~ng ~ili:r2~f ·~·:1995 ~i~m:J1i29~ ~
Second Reading
September 14, 1995
Item IF7
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ORDINANCE NO. __ 9_83_5_
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AN QRDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES
OF THE CI~ OF LUBBOCK, TEXAS, WITH REGARD TO THE PERMITTING AND
OPERATIO OF vEHICLES FOR HIRE WITHIN THE CITY OF LUBBOCK; ~ROVIDIN A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that it is
in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to
make the following amendments to Chapter 27 of the Code Ordinances with regard to the
permitting artd operation of vehicles for hire within the City of Lubbock; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECJION I. THAT the definition of"Limousine" contained in Section 27-1 of the
' Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows:
Limousine: Any unmetered late model luxury vehicle with a seating capacity
for a ~inimum of four (4) passengers or an antique vehicle which has a seating
capacity for a minimum of three (3) passengers and which vehicles are used for the I transj)ortation of passengers for hire to and from the Lubbock International Airport or
any s\lch vehicle exclusively chartered for a minimum of one hour per trip carrying
such ~harter passenger or passengers to and from designated points within the City.
For pUrposes of this section, "a late model luxury vehicle" shall be a full size model
of a commonly recognized manufacturer ofluxury automobiles, including, but not
limitcki to, such manufacturers as Cadillac, Lincoln, Mercedes and Rolls Royce,
whic~ vehicle shall not be more than ten (10) years old unless special permission for
the use of such vehicle is granted by the City Council. The term "antique vehicle"
shall mean any vehicle approved by the City Council which is at least forty ( 40) years
old. The term "limousine" shall not include vehicles rented without drivers, taxicabs,
touring vehicles, publicly franchised busses or vehicles owned and operated by
motels, hotels and other businesses for the transporting of their guests or employees
free of charge. A limousine shall not have a stoop light or taxi meter or in any way
repre~ent itself as a taxicab or be marked or operated in such a way as will cause it to
be confused with a taxicab.
Sec. 27-4. Transportation similar to taxicab; permit.
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I It shall be unlawful for any person owning, operating, driving or in charge of
any yehicle in the city to use or advertise in connection therewith the word "taxi,"
"taxicab" or "cab," or in soliciting trade from the public to mark, represent or exhibit
such ~vehicle as a "taxi," "taxicab" or "cab" unless such vehicle is operated subject I
to the control of an authorized taxicab permit holder.
SECTION 2. THAT Section 27-41 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 47-41. Transferability of franchises and other privileges.
1 No right, grant or privilege, whether by permit or otherwise, afforded any
person under the terms and conditions of this article shall be transferable to any other
person without written application to the City Manager for approval of such transfer.
i • SEC~ION 3. THAT Section 27-:53 of the Code of Ordinances of the City of Lubbock,
Texas, is heitby amended to read as follows:
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Sec. l7-53. Public liability and property damage insurance required.
1 Before the granting of any permit to operate a taxicab service in the City shall
become effective, the grantee shall procure and furnish to the City Secretary and
there8fter keep in full force and effect, a policy of public liability and property
damage insurance issued in the amounts and under the provisions of this article,
which insurance shall be evidenced by furnishing a certificate of insurance to the
City. Every such policy shall insure all of the taxicabs owned, lease, contracted for or
contJ1llled by the holder of the permit and used in the taxicab service for which a
pen.nit has been authorized. Such policy shall inure to the benefit of any person who
shall be injured or who shall sustain damage to property, proximately caused by the
negligence of a permit holder, his servants or agents. The insurer shall be obligated to
pay all final judgments which may be rendered on behalf of the public for loss or
damage resulting to persons or property from the negligent operation of any such
taxicab.
SECUON 4. THAT Section 27-61 of the Code of Ordinances of the City ofLubbock,
Texas, is her~by amended to read as follows:
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Sec. ~7-61. Same--Posting.
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1 A current rate schedule shall be posted at all times upon every vehicle
oper*ing under a City taxicab service permit. Such schedule shall be clearly visible
and shall be posted on the window of the rear door on the passenger side of each
taxicab.
SECTION 5. THAT Section 27-71 of the Code of Ordinances of the City of Lubbock,
Texas, is herbby amended to read as follows:
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Sec. 27-71. Permit required.
I It shall be unlawful for any person to operate a taxicab business or service for
the trimsportation of passengers for hire within the corporate limits of the City
without having first obtained a permit from the City to due so. If an initial application
for a permit has been made and denied by the City Council, the same applicant shall
wait ~ix (6) months before a new application may, be submitted. For purposes of this
sectidn, the same applicant means the same legal entity, the same person, or any legal
entity which shares at least 50% common ownership with the previous applicant.
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SEcnoN 6. THAT Section 27-72 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
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Sec. 27-72. Application required.
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i Applications for.a taxicab permit shall be filed with the City Secretary. Such
appli¢ations shall be submitted upon a form or forms to be furnished by the City
Secretary. The applicant shall furnish the following information and documents with
the application. Said application shall include a sworn affidavit taken by a notary to
the effect that the information contained therein is true and correct in every respect.
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I 1. The true name and owner of the taxicab service as well as the names of
officers, directors, and general managers .
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i 2. A statement that the applicant has obtained or will obtain liability insurance
in accordance with the requirements provided in the chapter before commencing taxic~b service in the City of Lubbock. No taxicab permit shall be issued until a
curreht certificate of insurance indicating that the applicant has obtained proper
insurance has been provided to the City Secretary.
3. A statement that the applicant, applicants or general manager have not been
convicted of a felony or of a misdemeanor involving moral turpitude within the last
ten (~0) years.
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1 4. A description of each vehicle that the applicant intends to use in the taxicab
bus~ess, including the make, model, year of manufacture, length of time the vehicle
has bben in use, the color scheme, insignia, name, monogram or other distinguishing
c~cteristics to be used to designate the applicant's vehicles, including the current
state license number and vehicle identification number. No taxicab permit shall be
issued until this information has been submitted to the City Secretary. A minimum
fleet pf 5 shall be required.
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1 5. A current financial statement of the applicant shall be attached to the
application. i
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i 6. A complete schedule of rates, charges and fees to be charged in the event a
permit is issued.
SECTION 7. THAT Section 27-73 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. ~7-73. Fees; issuance; appeal; notice.
l (a) Applications for a permit under this article shall be accompanied by a
permit fee of$40.00 per vehicle. In the event no permit is issued, the permit fee shall
be refunded to the applicant.
1 (b) The City Manager or his designee shall determine whether or not the
applicant is qualified for such a taxicab permit in consideration of the best interest of
public convenience and necessity as well as the best interest of the safety, comfort
and hktth of the general public. If the applicant has complied with all the
requirements of this article and if the City Secretary determines that the applicant
appears to meet the requirements of this article, the City Secretary shall forward a
recon!unendation to the City Manager to grant the permit.
(c) If the applicant is denied a taxicab permit, the applicant shall have the right
to appeal to the Permit and License Appeal Board within ten (1 0) days from date of
such tefusal, which shall be perfected by delivering to the City Secretary a letter
I stating that an appeal from the City Manager's decision is requested. The Permit and
Lice~e Appeal Board shall within thirty (30) days after receiving such notice of
appeal, hold a public hearing thereon, and after the hearing sustain or reverse the
decision of the City Manager. If no appeal is taken from the denial made by the City
Maruiger within the ten ( 1 0) day period provided, the decision of the City Manager is
final ..
(d) When a permit under this article has been denied and denial upheld by the
Permit and License Appeal Board, the applicant may request that the City Council
order. a public hearing to be held concerning the application and the proposed
oper~tion within thirty (30) days of denial of the Permit and License Appeal Board.
In the event a public hearing is ordered by the City Council, the applicant shall be
requited to deposit $50.00 with the City Secretary for payment of the costs of
publication of notice ofthe public hearing. The City Secretary shall refund to the
appli~ant any part of the deposit which is in excess of the cost of publication and in
the event such deposit is not sufficient, the applicant shall immediately upon the
request of the City Secretary pay the remaining sum of money necessary to pay such
publiCation costs prior to the day of such hearing. Non-payment shall result in
removal of the public hearing from the City Council's agenda.
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(e) Notice of the hearing shall be given in writing to the applicant and to all
persofis holding permits for taxicab service in the City of Lubbock. Notice shall be
given1 to the public by publication in a newspaper of general circulation in the City.
Such notice shall include the name of the applicant, the nature of the application, the
equipment proposed to be used and such other information as is deemed necessary to
properly inform the public of the public hearing, including the date, place and hour of
the hJaring. The publication of the notice shall be not less than fifteen (15) days prior
to thd day of the public hearing. ·
SECTION 8. THAT Section 27-74 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
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Sec. 27-74. Application--Complaints and protests.
i Every holder of a permit for the operation of a taxicab in the City or any other
citizep may file with the City Secretary such written complaints and protests as such
perso~ may deem appropriate touching upon questions of public convenience and
necessity affected by an applicant's proposed operation.
SECUON 9. THAT Section 27-75 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 'f7-75. Application--Matters considered.
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! In determining whether public convenience and necessity require the granting
of a permit for the proposed taxicab service, the following matters shall be
considered:
(1) Whether the demands of public convenience and necessity require
such proposed or additional taxicab service within the City.
(2) The financial history and condition of the applicant.
(3) The number, kind and type of equipment and the color scheme
proposed to be used by the applicant.
(4) The number of taxicabs already in operation in the City.
(5) The probable effect of increased service on local traffic conditions.
(6) Whether the safe use of the streets of the City by the public, both
vehicular and pedestrian, will be endangered by the granting of the
proposed additional taxicab service.
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(7) The character, experience and responsibility of the applicant and its
general manager.
(8) Whether the applicant and its geneml manager is fit, able and willing
to perform the service on a regular and continuous basis.
SECTION 10. TIIAT the first phrase of subsection (a) of Section 27-76 of the Code
of Ordinances ofthe City of Lubbock, Texas, is hereby amended to read as follows:
f (a) After a favorable determination of public convenience and necessity
has been made, every permit issued by the City Manager for the operation of a taxicab
service in the City shall contain the following provisions:
SECTION 11. THAT Section 27-103 of the Code of Ordinances of the City of
Lubbock, Tefas, is hereby amended to read as follows:
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Sec.17·103. Prerequisites to issuance generally; appeal; notice.
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i (a) No permit to operate a limousine, limousine service, touring vehicle or
touririg service shall be issued as hereinafter provided until the City Manager has
made' a favorable determination on the application of whether the public convenience
and necessity will be served by the issuance of said permit. However, no such
detetlnination shall be required of any person, owner or operator of a limousine,
limorlsine service, touring vehicle or touring service which held a valid City permit
issued prior to June 1, 1981.
i (b) The City Secretary shall determine whether or not the application appears
to mdet the requirements of this article. If the applicant appears to have complied
with all the requirements of this article, the City Secretary shall forward a favorable
recommendation to the City Manager to grant a permit.
(c) If applicant is denied a taxicab permit, the applicant shall have the right to
appe~ to the Permit and License Appeal Board within ten (1 0) days from date of such refus~l, which shall be perfected by delivering to the City Secretary a letter stating an
appecil from the City's decision as requested.
The Permit and License Appeal Board shall within thirty (30) days after
receiying such notice of appeal, hold a public hearing thereon, and after the hearing
sustam or reverse the decision of the City Manager. If no appeal is taken from this
deni8,1 made by the City Manager within the ten (1 0) days provided, the decision of
the dity Manager is fmal.
i (d) In determining whether or not the public convenience and necessity will be
servcil, the following factors m~y be considered:
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(1) The financial history and condition of the application.
(2) The number, kind, age and type of equipment and the color scheme to
be used by the applicant.
(3) The probable effect of increased service on local traffic conditions.
( 4) Whether the safe use of the streets of the City by the public, both
vehicular and pedestrian, will be endangered unduly by the granting of
the proposed additional service.
(5) The character, experience and responsibility of the applicant and its
general manager.
1 ( 6) Whether the applicant and its general manager is fit, able and willing
to perform the service on a regular and continuous basis.
: (e) When a permit under this article has been denied and denial upheld by
the Permit and License Appeal Board, the applicant may request that the City Council
order a public hearing to be held concerning the application and the proposed
operation within thirty (30) days of denial of permit being upheld by the Permit and
License Appeal Board. The public hearing shall be held in accordance with Section
27-73.
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SECTION 12. TIIAT Section 27-104 of the Code of Ordinances of the City of
Lubbock, Tefxas, is hereby amended to read as follows:
Sec. 27-104. Additional vehicles or services.
i (a) Approval of additional vehicles not exceeding the number allowed in the
applicant's approved performance bond category may be granted by the City Manager
or hi~ designated representative.
I (b) No permit for additional limousine or touring vehicles or services will be
granted by the City if the total number of permitted vehicles will move the license
holdt?r from one performance bond category to a higher performance bond category as
specified by Section 27-107 of this article until a determination as to whether public
convenience and necessity will be served has been made by the City Manager in
accordance with Section 27-103.
SEC~ON 13. THAT violation of any provision of this Ordinance shall be deemed a
misdemean punishable in accordance with the provisions of Section 1-4 of the Code of
Ordinances fthe City of Lubbock, Texas.
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SECTION 14. THAT should any section, paragraph, sentence, clause, phrase or word
of this Ordinlmce be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
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SECtiON 15. THAT the City Secretary is hereby authorized and directed to cause
publication qfthe descriptive caption of this Ordinance as an alternative method of
publication j)rovided by law.
AND IT IS SO ORDERED.
Passed by th~ City Council on flrst reading this '24th day of_....:A:.::u:s;g~.::u.::::..st=----'' 1995.
Passed by the City Council on se
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ATTEST:
! I~ ' M_ .B~~~
I APPROVED AS TO CONTENT:
~~!d( OS<IJ•Dire ~
Managemeni Services
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APPROVED AS TO FORM: I
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DGV:da I
ccdocs\taxi.ord I
rev. June 15, 1995'
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Before m otary Public in and for Lubbock County, Texas on this day
personally appeare . r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say, that aid newsp r as been published continuously for more than fifty-two weeks pri-
or to the flrst insertion of this ...J.d~\!:!W'---'Uo£.1.l..-'::~~---------------------
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspape~ Corporation
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-'dio£.A--Udo£L.---<~t Lubbock County, Texas and the attached print-
Y of the _original and was printed in the Lubbock
NOTA Y PUBLIC in and lor the State ol Texas
My Commission Expires .................. __ _
Subscribed and sworn to lefore me this, _ ___;;):::sd{J;JL..----'day of Sepkmbe,: 19 9£
FORM5S.IO
THE STATE OF TEXAS
COUNTY ~\WBO~~ l/ _
Before mt>~fu ~. -~ '=~!ptary Public in and for Lubbock County, Texas on this day
personally appeared _ -~~~ l I, {JYJ.;r:::rl>..}JL!. r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that s id new pa r § been published continuously for more than fifty-two weeks pri-
or to the first insertion of ~is .......,=::TJad...-...P::~r-u~==----------------------
NOTP< Y PUBLIC in and for the State of Texas
My Commission Expires .................. ---
FORMSS-Ul