HomeMy WebLinkAboutOrdinance - 7565-1977 - Amending Chapter 31" Taxicabs And Other Vehicles For Hire" - 10/27/1977ORIDIN!ANCE NO . 7565
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~ . AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES,
· . ~IG:'Y OF LUBBOCK, TEXAS, ENTITLED "TAXICABS AND OTHER VEHICLES ~ w
1 .FOR HIRE, 11 BY AMENDING SECTION 31-4 THEREOF PROVIDING FOR PRO-
HIBITED FURNISHING OF TRANSPORTATION; AMENDING SECTION 31-5 THERE'
OF PROVIDING FOR AffiPORT UMOUSINE SERVICE; REPEALING THE
PRESENT ARTICLE II THEREOF AND ENACTING A NEW ARTICLE II,
ENTITLED "TAXICABS, 11 PROVIDING FOR THE PERMITTING OF TAXICABS.
REQUffiEMENT OF TAXIMETERS, IDENTIFICATION OF TAXICABS, INSPECTIO
OF TAXICABS, PERFORMANCE BONDS AND INSURANCE, UNLAWFUL ACTS; ... ,
ADDING A NEW ARTICLE V TO CHAPTER 31 ENTITLED ''LIMOUSINES, 'J PRO-
VIDING FOR THE PERMITTING OF LIMOUSINES AND TOURING VEHICLES;
PROV.IDING FOR CHARGE FOR SUCH PERMITS; PROVIDING FOR RECORDS
AND REPORTS; PROVIDING A SAVINGS CLAUSE AND PROV~ING FOB
PUBLICATION.
WHEREAS~ the City Council has determined that the changes in permits and
regulations for taxicabs and limousines as set forth below would be in the best
interest of the citizens of the City of Lubbock~ NOW THEREFORE:
BE IT DHDA!NED• BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sections 31-4 and 31-5 of Chapter 31 of the Code of
Ordinances, City of Lubbock BE and are hereby amended to read as follows:
"Sec. 31-4. Transportation similar to taxicab prohibited, except under
permit.
It shall be unlawful for any person knowingly to provide any transportati
by motor vehicle which is operated in the same or similar manner
employed by taxicab services~ unless such transportation provided
shall be by a duly authorized operation under a permit from the City
pursuant to this chapter."
"Sec. 31-5. Airport Limousine Service.
Any person desiring to operate a service of transportirtg:.passengers
to and from the Lubbock International ~port shall make an application
in writing to the Airport Board for such permit. Such service shall
be permitted only between the airport and hotels, motels and terminals
indicated in such permit. The fares for such service shall be set by
the Airport Board. Vehicles used in this service shall be clearly
marked 11Airport Limousine11 or "Airport Service Only, u Nothing in
this section shall prevent the operator or driver of any permitted taxi-
cab from transporting passengers to o.o from the airport at authorized
taxicab fares. 11
SECTION 2. THAT the present Article II, Entitled:11Taxicab Permits~" of
Chapter 31 of the Code of Ordinances, Cit;y of Lubbock BE and is hereby repealed,
that a new Article II, Entitled 11Taxicabs, • BE and is hereby enacted in its stead,
and shall read as follows:
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Article II. Taxicabs
Sec. 31-10. Required.
It shall be unlawful for any person to operate a taxicab business or
service for the transportation of passengers for hire, within the cor-
porate limits of the city, without first having obtained from the city
council a permit to do so.
Sec. 31-11. Hearing by the city council--To determine public
convenience and necessity.
Before any permit to operate taxicabs in the city will be granted by
the city council to any person applying under this article, the city
council shall hold a hearing to consider whether public convenience
and necessity require the proposed taxicab service for which applicatio
is made.
No permit for additional taxicab service will be granted by the city
council unless required by public convenience and necessity.
Sec. 31-12. Same--Notice of hearing; cost of notice.
When an application under this article is filed with the city secretary
i .treasurer; the city council shall fix a time and place for~hearing on the
application. Notice of such hearing shall be given, in writing, to the
applicant and to all persons holding permits for taxicab services in the
city. Due notice shall be given to the public by publication in a news-
paper published in the city, cost of such public notice to be borne by
the applicant in advance of publication to the city secretary-treasurer.
Such notice shall set out the name of the applicant and the nature of the
application, kind of equipment proposed to be used and all other
pertinent data deemed necessary properly to inform the public, as well
as the date, place and hour of the hearing which shall be not less than
thirty nor more than forty-five days after the date of first publication.
Sec. 31-13. Same--Complaints and protests may be filed.
Every holder of a permit for the operation of a taxicab service in the
city or any other citizen may file such complaints and protests as such
person may deem appropriate touching upon questions of public conven-
ience and necessity affected by the applicant's proposed operations.
Sec. 31-14. Same--Matters to be· considered.
In determining whether public convenience and necessity require the
granting of a permit for the proposed taxicab service, the city council
shall take into consideration the following matters:
(a) Whether the demands of public convenience and necessity requirE
such proposed or such additional taxicab service within the city.
(b) The financial responsibility of the applicant.
(c) The number. kind and type of equipment and the color scheme
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to be used by the applicant.
(d) The number of taxicabs already in operation in the city.
(e) Whether existing transportation is adequate to meet the public
need.
(f) The probable effect of increased service on local traffic
conditions.
(g) Whether the safe use of the streets of the city by the public,
both vehicular and pedestrian, will be endangered unduly by the grantin~
of the proposed additional taxicab service.
(h) The character, experience and responsibility of the applicant.
(i) Whether the applicant is fit, able and willing to perform trans-
portation by taxicab.
Sec. 31-15. Content~ of Permits.
Every permit submitted to the city council by which the operation
of a taxicab service in the city may be granted shall contain the
following provisions:
(a) That the permit is granted for one year from its effective date,
with renewal annually thereafter, unless upon review by the c~ty
council it is found that the permit has become subject to forfeiture or
cancellation for good cause. For the purpose of review by the city
council annually, the city manager shall submit a report as to the per-
formance of each permit holder together with such other pertinent
information as desired by council.
(b) That the holder of every permit shall pay to the city, in
quarterly installments, a city permit fee of one hundred dollars for
each taxicab permit authorized.
(c) That the permit holder will be required to comply with all the
applicable terms and provisions of this article and all amendments
hereafter made during the terms of the grant.
(d) That the permit will be subject to forfeiture and cancellation
upon conviction for any violations of thlsl article and upon proper
showing that the permit holder has substantially breached the terms
of the permit.
(e) That the permit will become subject to forfeiture and cancel-
lation upon the holder thereof becoming delinquent in the payment of
ad valorem taxes upon any vehicle, equipment or other property of
.tfte holder used or operated directly or indirectly in connection with
the taxicab service.
{f) That the permit holder will keep and maintain complete records
of all physical properties, daily records of revenues {segregated by
drivers and vehicles), daily manifests of all drivers, and. a complete
record of all expenses incurred in connection with the actual operation
of the taxicab business and maintenance of equipment and of all
revenues derived from such business.
I (e) That the permit holder will own, lease, contract for or other-
wise legally control every taxicab used in the taxicab service for which
the permit is authorized.
The provisions required above to be written into each permit are
not limitations.. and there may be incorporated in any permit such
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additional provisions as in the discretion of the city council properly
belong in such permit for the operation of a taxicab service in the City.
Sec. 31-16. Transferability of franchises and other privileges.
No grant, right, or privilege, whether by permit or otherwise,
afforded any person under the terms and provisions of this article shall
be transferable to any other person, without written apj)l.ication to the
city for such transfer and approval thereof by action of the city council.
Sec. 31-17. Taximeters--Required for all taxicabs; exception as to
airport service vehicles.
(a) It shall be unlawful for any taxicab, within the City, to be operat-
ing for public hire unless it is equipped with a taximeter, which taxi-
meter shall be used as provided in this article.
{l-) (b) It shall be unlawful for any person owning, operation, driving or
in charge of any taxicab within the City, to operate or drive such taxi-
cab unless a taximeter is used in determining the fare to be charged,
and no other or different fare shall be charged than the fare recorded
on the reading face of such taximeter for any trip and no other rates or
mehtods of measuring the distance or time charges shall be allowed,
except by taximeter as provided by this article.
(c) For transportation of passengers to and from the Lubbock Inter-
national Airport10 any holder of an airport permit to provide service at
the municipal airport may put into service vehicles not equipped with
taximeters, such vehicles to be used for such service exclusivelY-··
between the airport and hotels and motels and terminals indicated in
such permit plainly marked "AmPORT SERVICE ONLY," or "AmPORT
LIMOUSINE11 and fares may be charged which are set by the Airport
Board. Nothing in this section shall prevent the operator or driver of
any taxicab from transporting passen~ers to the Lubbock International
Airport in a taxicab equipped with a taximeter at the rates and fares
prescribed by this article.
(d) qp.arges may be made for passenger assist·ance with parcels.
Sec. 31-17.1 Same--Specifications.
Every taxicab having affixed thereto a taximeter shall use a taximeter
of a size and design approved by the City Manager and such taximeter
shall conform to the following specifications:
(a) The taximeter shall be a mechanical instrwnent or device by
which the charge for hire of a taxicab is mechanically calculated for
distance traveled, for waiting time# if any-10 and upon which such charge
shall be indicated by means of clearly legible figures which are elec-
trically lighted each time the taximeter jlag is thrown from non-earning
to earning position.
(b) Every taximeter shall register upon visual counters the following
items:
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(1) Total miles (unless shown by accurate registration on the
odometer, tested and in good working order on the taxicab).
(c) No taximeter shall be in such condition as to be more than five
percent incorrect to the prejudice of any passenger.
Sec. 31-17.2. Taxicabs to be numbered; display of numbers;
number plates.
The Permit Holder shall designate a block of consecutive numbers
for the taxicabs of each permit holder and from such designation shall
give each taxicab a number. The chauffeur license of the driver of
the taxicab shall be placed in a location visible to the occupants of the
taxicab and shall remain posted there while he is on duty.
Sec. 31-17.3. Name of Permit holder to be painted on taxicabs.
Every taxicab operated in the City shall bear on the outside of each
rear door, or front door, in painted letters not less than two and one-
half inches in height and not less than five-sixteenth inch stroke, the
name of the taxicab service of such holder, together with the telephone
number of the service, and the number of the taxicab. All lettering
and designs shall be painted in colors contrasting the colors of the
taxicab so that the lettering and designs shall be clear and legible.
Sec. 31-17.4. Requirements for electric identification sign on top
of taxicabs.
On the top of every taxicab there shall be an electric light sign with
the company name or identification sign thereon.
Sec. 31-17.5. Each permit holder to have standard colors for taxicabs
operated by him.
Every permit holder shall adopt standard colors, or combinations
of colors, for the taxicabs of such service and shall not operate any
taxicab until such taXicab has been painted the colors or combinations
or colors adopted by the permit holder. The colors or combination of
colors# after being approved by the City, shall not be changed without
permission.
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Sec. 31-17.6. No taxicab color scheme to conflict with or imitate
any other color scheme.
No taxicab operated under the terms of this article shall bear a
color scheme, identifying design, monogram or insignia used on the
taxicabs of a permit holder already operating under this article in
such manner as to be misleading or tend to deceive or defraud the
public.
Sec. 31-17.7. Advertising on taxicabs permitted.
Subjec t to requirements of identification and provisions of this
article, this Code and any other Ordinances of the City regulating
the use of the public streets, holders of permits for taxicab services
may permit advertising matter to be affixed to or installed.in or on
any taxicab of such services.
Sec. 31-17. 8. Inspection of vehicles; removal from service of
unsafe, unsanitary, unproperly operated, etc." taxi-
cabs.
Every taxicab may be in spec ted periodically and such intervals
shall be established by the City Manager. No taxicab shall be
operated which does not comply with all of the following minimum
standards:
(a) Each taxicab shall conform to all state minimum safety
standards.
(b) Each taxicab shall be reasonably free of dust, dirt or
rubbish, and be otherwise clean and sanitary.
(c) No part of the body of such taxicab shall be missing or
unreasonably bent or unreasonably dented out of shape.
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Every such performance bond required by this article shall be in an
amount fixed by the foUowing schedule:
(a) If the permit holder is authorized to operate five taxicabs
or less, the bond shall be in the sum of one thousand dollars.
(b} If the permit holder is authorized to operate more than five
taxicabs and not more than ten taxicabs, the bond shall be in the sum
of two thousand dollars.
(c) If the p~rmit holder is authorized to operate more than ten
taxicabs and not more than fifteen taxicabs, the bond shall be in the surr
of three thousand dollars.
(d) If the permit holder is authorized to operate more than fif-
teen taxicabs and not more than twenty-five taxicabs, the bond shall be
in the sum of four thousand dollars.
(e) If the permit holder is authorized to operate more than
twenty-five taxicabs, the bond shall be in the sum of five thousand
dollars.
Sec. 31-18.1. Public liability and property damage insurance--.f "~:. ~:.:.
Required; qualification as self-insurer in lieu of
insurance.
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 clerk, and thereafter keep in full force and effect, a
policy of public liability and property damage insurance, to be approved
by the city attorney, and issued in the amounts and under the pro-
visions of this article. Every such policy shall insure all of the taxi-
cabs owned, leased, contracted for or controlled by the holder of
such permit and used in such taxicab service for which a permit has
been authorized. Such policy shall insure to the benefit of any person
who shall be injured or who shall sustain damage to property, prox-
imately 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 in behalf of the public for loss or damage resulting
to persons or property from the negligent operation of any such taxicab.
Every such policy~.d'f.:.insurance shall be issued by an insurance
company organized and existing under the laws of the state, or havilig
a valid permit to do business in the state, and having an agent o.r
attorney for service in the city.
Any permit holder may, in lieu of furnishing such public liability
and property damage insurance, qualify under the applicable pro-
visions of the laws of the state as a self-insurer for such types of
insurance and for the amounts of coverage required in this section,
but such permit holder so qualifying shall furnish to the city manager
proof of such approval and qualification as a self-insurer.
The minimum amounts of liability of public liability and property
damage insurance required shall be the following sums:
For damages arising out of bodily injury to, or death
of, one person in any one accident •••.••••••••••.•••••• $ o:Q,.OOO
For damages arising out of bodily injury to, or death
of! two or more persons in any one accident .•...••..••• $100,-~000
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For injury to, or destruction of, property in any one
accident ...••••..•.•......•.......•..........•....•..•.... $50, 000
Every performance t;>ond required by this article shall provide, and
every insurance policy required under this article shall contain an en-
dorsement,. that termination of the obligations of such bond and cancella-
tion of such insurance policy shall not become effective before fifteen
days after notice, in writing, to the city of such termination or cancella-
tion. Every bond and every policy of insurance shall run concurrently
with the life of the permit held by the person so bonded and insured. All
policies of insurance shall contain a provision for continuing liability
thereon up to the full amount thereof,. notwithstanding any recovery
thereon.
Upon discovery of determination that either the performance bond
required of permit holders under this article, or the public liability and
property damage insurance required of such holders, has become impair-
ed and requires new and additional bond or new and additional insurance,
as the case may be, then and in such event the city manager shall require
such additional bonds and insurance in such company as appears to him
necessary and sufficient to insure a faithful performance by the permit
holder, his agents, servants and employees, as well as payment by such
holder, his agents, servants and employees, to persons injured by reason
of the neglect of such permit holder .. his agents. servants and employees,
or by reason of the neglect of such franchise holder, his agents, servants
and employees, or by reason of the v,.iolation by such permit holder, in-
dividually or through his agents, servants or employees. of any of the pro
visions of this Code or any other ordinances of the city of any of the laws
of the state or of the United States.
Sec. 31-18.2. Records to be kept by Permit holder; reports to be made;
tax to be paid.
Every holder of a permit to operate a taxicab service in the city under
provisions of this article shall establish, keep and maintain a uniform
system of records of such business and its operations. The following
specific requirements are hereby prescribed:
(a) Accurate records of receipts from operations, operating and
other expenses.. capital expenditures and such other operating information
as may be required by the city manager shall be kept and maintained.
Every permit holder shall maintain the records containing such informa-
tion and other data required at a place readily accessible for examination
at all reasonable times by the city manager or other authorized repre-
sentatives of the city having a legitimate official interest in the enforce-
ment and administration of this article.
(b) Beginning January 1, 1978, each permit holder shall pay to
the city, a city permit fee of one hundred dollars for each taxicab permit
authorized, payable in quarterly installments in advance. Until January
1, 1978, each permit holder shall continue to pay the same fees as were
required to be paid by the ordinances of the city by permit holders prior
to the enactment of this article.
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(d) The exterior and interior paint shall not be unreasonably
rusted, flaked or scqtped.
(e) The coverings of floors, seats and back and arm r ests shal
be repaired of all rips. tears and places where wear through the
covering material has occurred.
(f) Each taxicab shall be operated by drivers who comply with
the requirements of this article.
(g) Each taxicab shall be equipped with two-way radio communi
cation equipment in proper operating condition capable of transmitting
and receiving vocal communication between such taxicab and the
dispatching office of the permit holder.
If the operation of any taxicab is found not to comply with the requirE -
ments of this section, the city manager, any designated city official.
or any police officer, may direct that the vehicle be taken out of
service until it can be operated in compliance; provided, that the
failure of any order of such vehicle to be taken out of service shall
not be a defense (bo the violation of this section by the driver and the
permit holder when so charged; and that the operation of such taxicab
from the place at which the order was issued to the destination re-
quired by passengers in the taxicab at the time such order was issued
shall not constitute a separate offense. The city manager or his
authorized agent will notify the permit holder in writing of such failure,
identifying the taxicab by number, the name of the driver and the
specific complaint.
Sec. 31-18. Performance bond--Required.
Before the grant of any permit to operate a taxicab service in the
city shall become effective, the grantee shall furnish to the city a
good and sufficient performance bond, written by an insurance company
organized and existing under the laws of the state of having a valid
permit to do business in the state, and having an agent or attorney for
service in the city upon whom service of process may be had, and such
bond shall be in such form and of sufficient financia l stability as may
be approved by the city attorney. The right to operate under a permit
shall be conditioned upon the existence and maintenance in full force
and effect of a performance bond as hereinabove described.
The performance bond required by this article shall be conditioned
as follows:
(a) That the holder of the permit shall pay to the city all
amounts due under the terms of this article.
(b) That the holder of such permit shall pay all fines, assess-
ments and judgment levied against the holder by any court, by the
city tax assessor and collector or by direction of the city council, and
by such other officials authorized to levy such fines. taxes, charges,
assessments or judgments.
(c) That the holder of such permit shall perform every duty
of an operator of taxicabs and a holder of a permit as exists within
this article and as this article may be supplemented by regulations
duly approved by the city council.
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Sec. 31-lS.,i. Unlawful to transport persons to abode of prostitute, etc.
It shall be unlawful for any driver of a taxicab knowingly to transport
any passenger to the abode of a prostitute or knowingly to transport any
criminal, narcotic peddler, prostitute or bootlegger in the commission
of a crime or infraction of the law in any manner. or act in any manner
as a panderer or pimp for prostitutes, or a contact for unlawful establish-
ments of any character. Violations of this section shall be b~ought to the
attention of the permit holder in writing whose service the taxicab driver
is employed and repeated occurrences, by the same or other drivers.
shall be grounds for revocation and cancellation of the holder's permit.
SECTION 3. THAT a new Article V, entitled "Limousines" BE and is
hereby added to Chapter 31 of the Code of Ordinances, City of Lubbock, and shall
read as follows:
Article V. Limousines.
Sec. 31-56. Definitions.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Limousine. Any vehicle other than one rented without a driver, or a
taxicab or a touring vehicle or publicly franchised bus used for the trans-
portation of passengers for hire, other than for funeral services, not up-
on a fixed schedule or over a fixed route. the charge for which is deter-
mined by the length of time for which the vehicle is engaged. the distance
traveled, a fixed fee or any combination of such me.thods of determining
such charge. This shall not include vehicles owned or operated by Motels
Hotels and other businesses for the transporting of their guests or em-
ployees, but shall include the vehicles of other companies or individuals
providing such service under a Contract.
Touring vehicle. Any vehicle other than one rented without a driver.
or a taxicab or a limousine. or a publicly franchised bus used for the
transportation of passengers for hire for sight-seeing or other pruposes
other than for tunenaJ:.: services. the charge for which is determined by
the length of time for which the vehicle is engaged, the distance traveled.
a fixed fee or any combination of such methods of determining such charge
Sec. 31-57. Applicability of article; compliance with article required.
It shall be unlawful for any limousine or touring vehicle to be rented,
hired or operated upon the streets of the city, unless the provisions of
this article have first been complied with.
Sec. 31-58. Permit to operate--Required; application; fee.
Every person desiring to engage in the business of operating any
limousine or touring vehicle shall make application, in writing, to the
city manager on a form provided for that purpose, for a permit to
engage in the business specified. Such application shall contain the name.
address and telephone number of the true owner of the business
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and the number" types and seating capacity of each vehicle to be
operated; shall be sworn to by the applicant and shall be accompanied
by a permit fee of ten dollars for each vehicle for which a permit is
requested. If the state license number of any vehicle is changed
during the permit period such changed number shall be immediately
reported to the city manager.
Sec. 31-59. Same--Prerequisites to issuance; issuance.
The city manager shall issue a permit to all applicants complying
with the provisions of this article and shall issue a permit for the
operation of all vehicles complying with the requirements of this
article. No permit shall be issued unless every vehicle proposed to be
used complies with the following minimum requirements:
(a) Each vehicle shall comply with all the safety requirements
imposed by all state, federal or local laws applicable to the vehicle
involved.
(b) Each applicant shall procure and keep in full force and
effect, a policy of public liability and property damage insurance
issued by a casualty insurance company authorized to do business in
the state,and·· :::. iri.Jhe1standarrl..fov.m required pursuant to the laws of
the state, with the insured provision pf such policy including the city as
an insured, and the coverage provision insuring the public from any
loss or damage that may arise to any person or property by reason of
the operation of a vehicle of such applicant, and providing that the
amount of recovery on each such vehicle shall be in limits of not less
than the amounts set aut.isl Se~tiop 31-18.1 of this Code.
(c) The owner shall have rendered each vehicle for which a
permit is sought for ad valorem taxation and shall have paid all
delinquent tax charges owing the city upon every such vehicle.
Sec. 31-60. Charge for regulation and use of streets--Amount.
In addition to all other charges and payments, every person main-
taining and operating within the city a limousine or touring vehicle
shall pay to the city for the use of the streets and other thoroughfares
of the city, and on account of the expense of regulating the activities of
such vehicle, two per cent of all gross annual receipts from operations.
Sec. 31-61. Same--Payment; to be in addition to regular taxes.
AU payments required to be made under this art.l.cle shall be made
quarterly., on the tenth day of the months of January. April., July and
October for the quarter ending the last day of the month next preceding
the month for payment. All payments required to be made under
section 31-60 shall be exclusive of and in addition to all ad valorem
taxes upon the value of the property of the person operating such
vehicle.: and in addition to all lawful occupation taxes imposed upon the
occupation or calling of the legal entity operating such vehicle.
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Sec. 31-62. Required records and reports.
Every operator of a limousine or touring vehicle shall issue a
receipt, in writing, to every person using the services of such
operator, .showing the date, time, place of origin and destination, and
amount of consideration paid for all such services. One copy of each
such receipt issued during the applicable period shall be filed with
each report specified in section 31-61. All records and reports
prescribed to be maintained and kept under this article shall be pre-
served by the operator of every limousine and touring vehicle in a
safe place for at least two years after such date and all such records
shall be available for examination and inspection at all reasonable
times by the director of finance, chief of police and other authorized
officials of the city as may be designated by the city manager.
SECTION 4. THAT should any section, paragraph, sentence, clause, plu:ase
or word of this Ordinance be declared unconstitutional or invalid for any reason,
the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 27th day of October
Passed by the Counc il on second reading this !Oth.day of November
ROY BASS, JlfAYQR
ATTEST:
By:?YJ.'Y:f n. ~ ary • Lindsey
APPROVED AS TO FORM:
, 1977
, 1977