Ord 116-97 11/18/1997f
ORDINANCE NO. 116-97
ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF
ORDINANCES WHICH REGULATES VEHICLES FOR HIRE
WHEREAS, Vernon's Rev. Civ. Stat. Art. 1269] -15 authorizes municipalities to
regulate passenger taxicab transportation services; and
WHEREAS, improving the quality of taxicab service within the city will enhance
the image of the city; and
WHEREAS, the current fees assessed for vehicle licenses and chauffeur's
permits are not sufficient to offset administrative costs to provide these services; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The following articles, which regulate vehicles for hire are hereby amended, in
their entirety, as follows:
"Chapter 31
VEHICLES FOR HIRE
Article II. Taxicabs
Statement of Policy. It is the policy of the City of Wichita Falls to provide for and
to promote adequate and efficient Taxicab service in the city. To this end, this chapter
provides for the regulation of Taxicab rates and services, to be carried out in a manner
that protects the public health and safety, promotes the public convenience and
necessity, and respects the concept of free enterprise.
Sec. 31-27. Definitions.
Chauffeur's Permit or Permit. The term "Chauffeur's Permit" or "Permit" as used
in this chapter shall mean that which is issued by the city to the applicant who complies
with all the requirements for drivers of this chapter.
Driver. The term "Driver' or "Chauffeur," as used in this article, shall mean every
person who actually drives or manipulates a vehicle used as a Taxicab, as herein
defined, whether as Owner or as agent, servant or employee of an "Owner," as herein
defined.
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Fit or Fitness of Applicant. icant. The term "Fit" or "Fitness" of applicants shall be
construed to mean that the applicant for a Franchise meets all financial requirements
and other qualifications prescribed in this article.
Franchise. An agreement between the city and another person, under which is
granted the privilege of operating a Taxicab service inside the city for a specific period
of time and in accordance with the specific terms and conditions of the agreement.
Franchise Holder or Holder. The terms "Franchise Holder" or "Holder" shall be
construed to mean any person, firm, corporation, association, partnership, or society
who obtains a Franchise from the city or has the control, direction, maintenance or 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 "Driver' as
herein defined.
Owner -O ep rator. Is a person who has a right of possession to a vehicle
operated as a Taxicab pursuant to a contractual agreement with a Franchise Holder
and who holds legal title to said vehicle in accordance with either of the following
circumstances:
(a) The legal title to said vehicle is registered exclusively to said person;
(b) The legal title to said vehicle is registered jointly to the person and to a
Franchise Holder and an affidavit evidencing said arrangement jointly executed by the
person and Franchise Holder (or its legal representative) has been filed with the city.
The affidavit must be notarized and must set out the following averments and
conditions:
(1) State the make, model and license number of the vehicle which is
jointly titled to the individual and the Franchise Holder:
(2) That the Franchise Holder assumes and is responsible for all
judgments against the Franchise Holder for any personal injury and property damage
arising from any accidents involving the vehicle that is the subject of the affidavit;
(3) That at the request of the individual Owner, the Franchise Holder
will transfer title or cause the title registration to be transferred solely to the individual
Owner or to any other party so designated by the individual Owner.
(4) That the Franchise Holder understands that following a written
request for return of title to the individual Owner, a refusal or failure to relinquish the title
or sign the necessary documents to cause the title to transfer as requested for a period
in excess of seven (7) days would constitute a violation of the Taxicab ordinance;
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(5) That both parties agree to abide by the conditions and averments
stated in the affidavit.
(c) The legal title to said vehicle is registered to the Franchise Holder and
there exists a lease purchase contract between the title holder(s) and the individual
operator as purchaser and said purchase contract has been reviewed and approved by
the city.
Police Chief. The term "Police Chief' as used in this article shall be construed to
mean that person who is appointed by the city manager to direct the operation of the
police department, or his /her designated representative.
Taxicab. A Chauffeured motor vehicle with a rated passenger capacity of eight
or less, used to transport persons for hire that typically operates on irregular routes,
irregular schedules, and a call- and - demand basis, but does not include ambulances,
buses, limousines or special service vehicles as regulated by other city ordinances.
Taximeter. The term "Taximeter," as used in this article, shall mean a machine
adapted automatically to calculate, at a predetermined rate or rates, and to register the
charge for the use of a Taxicab.
Taximeter Service Ins ep ctor. The term "Taximeter Service Inspector," as used in
this article shall mean the employee of the city that is designated by the city manager to
supervise the operation and checking of Taximeters and the operation of Taxicabs in
the City of Wichita Falls, Texas, whose duties shall be to see that the terms of this
article are carried out and to report violations of this article and to file complaints where
there is evidence of violations.
Taxi Subterminal. The term "Taxi Subterminal," as used in this article, shall
mean and include any place other than a taxi - terminal at which the Drivers or
Chauffeurs of Taxicabs, shall receive calls from a dispatcher as said calls are relayed
from a taxi - terminal or taxi - stand, and it shall likewise mean and embrace that space
and area used by Taxicabs while waiting for passengers.
Vehicle License or License. The term "Vehicle License" or "License" as used in
this chapter shall mean that which is issued by the city to the Holder or Owner Operator
for any authorized vehicle that complies with the vehicle requirements of this chapter.
Waiting Time. The term "Waiting Time," as used in this article, shall mean such
time as may be consumed or lost at the special instance and request of a passenger,
after such passenger has first engaged and entered a Taxicab to make a trip and
before reaching his /her final destination.
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Sec. 31 -27.1. Certain operations unlawful.
It shall be unlawful to operate a Taxicab service in the city except under authority
of a Franchise granted by the city, and it shall be unlawful to operate a Taxicab unless it
is licensed by the city.
Sec. 31 -28. Application for Franchise.
Every person, firm or corporation proposing to operate a Taxicab service in the
city shall make application, in writing, requesting that the council grant a Franchise to
operate a Taxicab service under this chapter, and filed with the city clerk, setting forth
full and complete information on the following matters:
(a) The full name, date of birth, telephone number, permanent residence and
mailing address of the applicant. If the person submitting the application represents a
partnership, then such information shall be given on all partners and persons having an
interest in the business. If a corporation, the name and location of its principal place of
business, the name, date of birth, telephone number and address of all the officers and
directors of the organization. If the applicant's business is a corporation or association,
a copy of the documents establishing the business and the name, address and
citizenship of each person with a direct interest in the business.
(b) A certificate of assumed name, if such is required by state law to be filed.
(c) A current financial statement of applicant. The same shall also be
furnished on each partner and if a corporation, the same shall reflect the financial status
of the corporation.
(d) A complete statement of the assets to be used in the Taxicab business for
which the application is being made together with full information on liabilities existing
against such assets.
(e) Number of vehicles and a general description of the vehicles the applicant
proposes to use in the operation of the Taxicab service; description of the operations of
the proposed Taxicab service and location of the fixed facilities to be used in the
operation.
(f) The trade name of the proposed Taxicab operation in this city (and
existing name if a company already providing Taxicab service in other jurisdictions).
(g) Description of the proposed insignia and color scheme for the applicant's
Taxicab and description of any distinctive item(s) of apparel to be worn by the
applicant's Taxicab Drivers.
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(h) Description of any past business experience of the applicant, particularly
in providing passenger transportation services; identification and description of any
Franchise, including any revocation or suspension thereof, held by the applicant or
business before the date of filing the application;
(i) The person signing the application shall indicate his /her position with the
company as individual Owner, partner or corporate officer authorized to sign the
document.
0) Such additional factual information as may be reasonable required in this
article or under authority of the city manager to afford complete information to the
council when presented to them in considering the application.
Whenever such application is made to the city clerk under the provisions of this
chapter it shall be the duty of the clerk to submit such application to the city council
within thirty (30) days following receipt of a completed application or.at the first
regular City Council meeting following the thirty (30) day period, and such
application shall be considered an application for a Franchise.
Sec. 31 -29. Franchise - investigation of application and approval.
(a) Upon receipt of an application for a Franchise, the director of traffic and
transportation shall conduct an investigation and make findings of fact concerning
public convenience and necessity and other relevant factors, including, but not limited
to:
(1) The number of Taxicabs presently in operation in the city;
(2) The public transportation needs of the city and the adequacy of
existing transportation services, including existing Holders, to meet those needs;
(3) Whether existing Holders can render the proposed additional
Taxicab service more efficiently or effectively than the applicant;
(4) The effect of the proposed additional Taxicab service on traffic
conditions, Taxicab Drivers' working conditions and wages, and existing Holders and
public mass transportation services; and
(5) The character, experience, and fiscal responsibilities of the
applicant.
(b) The applicant for a Franchise has the burden of proving that the public
convenience and necessity require the proposed Taxicab service and that the applicant
is qualified and financially able to provide the service proposed in the application.
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(c) Within fifteen (15) working days following the date of application, the
director of traffic and transportation shall report in writing his /her findings of fact and
recommendation to the city manager for transmittal to the city council. The city council
shall then hold a public hearing to consider whether a Franchise should be granted.
Sec. 31 -30. Franchise Hearing on application; requirement for issuance.
(a) Upon receipt of such application, the city council shall set a date for
hearing upon the same, and it shall be the duty of the city clerk to immediately notify
said persons interested in whether or not such Franchise shall be granted. Notice shall
be given by letter directed to the last known address of persons interested in said
application, at least three (3) days prior to the date set for the hearing by the council.
The notice shall state the number of taxi Licenses applied for by the applicant.
The council shall make or cause to be made investigations, including any
hearings deemed desirable as to any applications for such Franchises and shall
determine whether or not the public convenience and necessity require the operation of
such automobile or automobiles and whether or not the applicant is Fit to conduct such
business and may investigate the Fitness of the officers and stockholders of any
corporation making such application; and in determining whether or not a Franchise
should be granted the council shall give weight and due regard to among other things,
(1) probable permanence and quality of the service offered by the applicant; (2) the
financial ability and responsibility of the applicant and its organization and personnel;
(3) the character of automobiles; (4) the character and location of depots and
terminals proposed to be used; and (5) the experience of the applicant in transportation
of passengers.
(b) If the city council finds that the public convenience and necessity require
the operation of the number of vehicles specified, or a lesser number, and that the
applicant or Owner is Fit to conduct the business, and that the other requirements
herein have been complied with, it shall grant the Franchise by ordinance which shall
specify the number of Taxicabs authorized. If it finds that public convenience and
necessity do not require the operation of any such automobile or automobiles or that
the applicant is not Fit to conduct such business it shall forthwith refuse such
application and no Franchise shall be granted to such applicant.
Once granted, the Franchise shall remain in effect for a period of five (5) years
from the date granted. Upon expiration of the Franchise, the Franchise Holder shall be
required to resubmit the application information and be subjected to the application
process as prescribed in this article.
Sec. 31 -31. Multiple Franchise prohibited.
(a) No person shall have any pecuniary interest in more than one current,
valid [PCi]taxi Franchise in the City of Wichita Falls.
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(b) Pecuniary interest means money, property, or commercial interest, the
primary significance of which is economic gain but it shall not mean a security interest
in the stock or other assets of a Franchise that does not confer upon the Holder a
voting interest in the Franchise.
(c) Any person having any pecuniary interest in more than one current, valid
Franchise in the City of Wichita Falls or a current valid Franchise and a former valid
Franchise currently in operation on the effective date of this article, shall have a period
of six (6) months from the date of this article to comply with section 31- 31(a), by selling
all but one of the Franchises or merging the Franchises.
(d) Any person who obtains any pecuniary interest in a Franchise as a result
of the foreclosure of a security interest in the stock or other assets of that Franchise,
and thereby finds himself in violation of section 31 -31(a) shall have six (6) months from
the date of violation to reach compliance with that section.
Sec. 31-32. Transferability.
A Franchise may not be transferred to another unless the proposed transferee
and new transferor file a written application for the transfer with the city clerk, and the
transfer application is approved by the city council.
Sec. 31 -33. Amendments and revocation of Franchise.
(a) Amendment to reduce the number of vehicles authorized. A Franchise
may be amended by the city council to reduce the number of vehicles authorized under
the Franchise when the Holder fails to License and operate the number of vehicles
authorized.
(b) Amendment to increase the number of vehicles authorized. A Franchise
may be amended by the city council to increase the number of vehicles authorized
under the Franchise at a public hearing and after finding that an increase is required for
public convenience and necessity.
(c) Revocation of Franchise. A Franchise is revocable by the city council
after notification and a proper hearing and finding that such Holder is in violation of this
article.
Sec. 31 -34. Application for Vehicle License and issuance thereof.
Upon the granting of the Franchise, the applicant shall within sixty (60) days
thereafter furnish to the city clerk information as to the particular automobile or
automobiles for at least fifty percent (50 %) of the number of vehicles for which the
Franchise is granted. Such information shall include the year, make, model, the Texas
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state license number and vehicle identification number (VIN), thereof. The applicant
shall also submit documentary evidence from the city tax assessor - collector that
advalorem taxes on all personal property and any other property which is to be used in
connection with the operation of the proposed Taxicab service have been paid. If the
city clerk finds that the applicant is the owner of such automobile or automobiles and
the same have been inspected and approved by the traffic and transportation
department and same conform to the requirements of the article and other ordinances
of the city applicable thereto, the city clerk shall, upon receiving payment of license
fees, issue such vehicle licenses as applied for.
Sec. 31 -35. Insurance.
(a) Before a Vehicle License is issued to operate a Taxicab in the city, the
Holder shall procure and furnish to the city clerk, and thereafter keep in full force and
effect, a liability and property damage insurance policy, or certificate of insurance, in the
amount of not less than the greater of
(1) the minimum requirements of the State of Texas, or
(2) the following:
(i) For damages arising out of bodily injury or to death of one
person in any one accident, one hundred thousand dollars ($100,000.00).
(ii) For damages arising out of bodily injury to or death of two
(2) or more persons in any one accident, three hundred thousand dollars
($300,000.00).
(iii) For injury to or destruction of property in any one accident,
fifty thousand dollars ($50,000.00). , or
(iv) A combined single limit policy of not less than three hundred
thousand dollars ($300,000.00) shall be acceptable.
(b) Every such policy shall insure all of the Taxicabs owned, leased,
contracted for or controlled by the Holder or such Franchise and used in such Taxicab
service for which a Franchise has been authorized. Such policy shall inure to the
benefit of any person who shall be injured or who shall sustain damage to property
caused by the operation of such vehicles.
(c) Every such policy of insurance shall be issued by an insurance company
organized and existing under the laws of this state, or having a valid permit to do
business in this state and having an agent or attorney for service of process in the city.
(d) Such policy shall name as additional insured the City of Wichita Falls, and
its officers and employees.
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(e) Such policy shall contain an endorsement that cancellation of such
insurance policy shall not become effective before thirty (30) days after notice from the
insurance company, in writing, to the city of such cancellation. All policies of insurance
shall contain a provision for continuing liability thereon up to the full amount thereof,
notwithstanding any recovery thereon.
(f) Upon discovery or determination that the required insurance has become
impaired and requires new and additional insurance, the city clerk shall require such
additional insurance as appears to him /her necessary and sufficient to insure payment
by such Holder, his /her agents, servants and employees, to persons injured by reason
of the neglect of such Franchise Holder, his /her agents, servants and employees, or by
reason of the violation by such Franchise Holder, individually or through his /her agents,
servants or employees, of any of the provisions of this Code or any other ordinances of
the city or any of the laws of the state or of the United States.
Sec. 31 -36. Vehicle License fees; term of License.
All operators of taxicabs in the city shall pay an annual license non - refundable
inspection fee of eighty -five - dollars ($85.00) for each and every car requested to be
licensed and operated, which fee shall be paid at time of application and prior to the
issuance of such license. If the vehicle fails to pass inspection, the operator shall be
given a list of the areas which failed. No additional fees shall be due for one
reinspection. If the vehicle fails to pass the reinspection of the same areas which failed
the initial inspection, a new inspection fee of eighty -five dollars ($85.00) shall be
required. It is further provided that all licenses issued for operators of taxicabs under
the terms of this article shall expire at 12:00 midnight, December 31st following the
issuance of the same. If a holder or owner - operator desires to renew or obtain a
license for any vehicle, the vehicle shall be inspected by the Traffic and Transportation
Department in the months of November or December preceding the license year.
Sec. 31 -37. License decals required.
When the clerk issues a License under the provisions of this article, he /she also
shall furnish a decal which shall be attached to the left rear of the body of the
automobile for which such License is issued and such decal shall be exhibited to all
persons when such car is in use and in the event the cars are operated without such
decal then that fact shall be prima facia evidence of the violation of this article and said
automobile is being operated without a License under the terms of the provisions
hereof.
Sec. 31 -38. Revocation of Vehicle Licenses.
All Licenses issued under the provisions of this article to operate Taxicabs upon
the streets of the city may be revoked by the city manager, or his /her designated
representative, after proper notice, hearing and findings, whenever any such Licensee
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shall willfully or persistently and negligently violate, or permit to be violated by any other
person, any of the provisions of this article, and after such revocation, the Licensee
shall not again under said revoked License be authorized or permitted to engage in the
business of operating Taxicabs within the city.
Sec. 31 -39. Chauffeur's Permit — Required for Drivers.
No person shall drive a Taxicab upon the streets of the city, unless such person
operating such Taxicab shall first obtain a Chauffeur's Permit to be issued by the city
clerk. It shall be the duty of every Driver of a Taxicab to apply to the city clerk for a
Chauffeur's Permit upon blanks to be furnished to the taxi companies by the clerk,
giving the name, age, present address, address and place of employment during the
past two (2) years with the reason for leaving, and whether or not applicant has been
convicted of a felony or misdemeanor offense. Such application shall be promptly
referred to the chief of police for his /her approval or disapproval. After evaluating the
application the chief of police shall notify the city clerk of his /her determination. If
approved by the police department, the applicant will be issued a Chauffeur's Permit by
the city clerk upon payment of the fee provided for in section 31 -43. If the chief of
police disapproves an application for Chauffeur's Permit referred to. the police
department by the city clerk the applicant shall be notified by the police chief and have
the right of appeal from the action of the disapproval by the police department to the
city manager, by notifying the city clerk in writing within five (5) days from the date
he /she receives notice from the city clerk that his /her application has been disapproved.
If the city manager disapproves such application, the applicant shall have the right of
appeal to the city council, by notifying the city clerk in writing within five (5) days from
the date he /she received notice from the city clerk that his /her application has been
disapproved by the city manager. If the appeal is approved by the city manager or City
Council, the approving party shall be designated as the approving authority.
Sec. 31-40. Qualification for Chauffeur's Permit.
(a) To qualify for a Chauffeur's Permit, an applicant must:
(1) be at least 18 years of age;
(2) be a legal resident of the United States;
(3) hold a valid Class C driver's license issued by the State of Texas;
(4) be able to communicate in the English language;
(5) not have more than three hazardous events, whereby hazardous
events include moving violations or traffic accidents arising out of separate transactions,
within any 12 -month period during the preceding 36 months;
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(6) not be under indictment for or have been convicted of a crime:
(A) involving:
(i) criminal homicide as defined in Chapter 19 of the
Texas Penal Code;
(ii) kidnapping as defined in Chapter 20 of the Texas
Penal Code;
(iii) a sexual offense as defined in Chapter 21 of the
Texas Penal Code;
(iv) an assaultive offense as defined in Chapter 22 of the
Texas Penal Code;
(v) robbery as defined in Chapter 29 of the Texas Penal
Code;
(vi) burglary as defined in Chapter 30 of the Texas Penal
Code;
(vii) theft as defined in Chapter 31 of the Texas Penal Code.
(viii) fraud as defined in Chapter 32 of the Texas Penal
Code, but only if the offense was committed against a person with whom the applicant
came in contact because of his /her occupation as a Taxicab Driver;
(ix) tampering with a governmental record as defined in
Chapter 37 of the Texas Penal Code;
(x) public indecency (prostitution or obscenity) as defined
in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying, or possession of a weapon in
violation of Chapter 46 of the Texas Penal Code;
(xii) a violation of the Dangerous Drugs Act (Article 4476-
14, Vernon's Texas Civil Statutes);
(xiii) a violation of the Controlled Substance Act (Article
4476 -15, Vernon's Texas Civil Statutes); or
(xiv) criminal attempt to commit any of the offenses listed
in Subdivision (6)(A)(i) -xiii) of this subsection;
(B) for which:
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(i) less than two years have elapsed since the date of
conviction or the date of release from confinement imposed for the conviction,
whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(ii) less than five years have elapsed since the date of
conviction or the date of release from confinement for the conviction, whichever is the
later date, if the applicant was convicted of a felony offense not classified as a crime
against persons; or
(iii) less than five years have elapsed since the date of
the last conviction or the date of release from confinement for the last conviction,
whichever is the later date, if, within any 24 -month period, the applicant has two or
more convictions of any misdemeanor offense or combination of misdemeanor
offenses;
(7) not have been convicted of, or discharged by probation or deferred
adjudication for, driving while intoxicated:
intoxicated;
(A) within the preceding 24 months; or
(B) more than one time within the preceding 5 years;
(8) not have criminal charges pending for an offense for driving while
(9) not be addicted to the use of alcohol or narcotics;
(10) be subject to no outstanding warrants of arrest;
(11) be clean and well - groomed in dress and person;
(12) be recommended by a Holder; and
(13) have successfully completed within the preceding 24 months a
defensive driving course approved by the National Safety Council, the Texas Safety
Association or the Texas Education Agency and be able to present proof of completion.
(b) An applicant who has been convicted of an offense listed in Subsection
(a) (6) or (7), for which the required time period has elapsed since the date of conviction
or the date of release from confinement imposed for the conviction, may qualify for a
Chauffeur's Permit only if the police chief determines that the applicant is presently Fit
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to engage in the occupation of a Taxicab Driver. In determining present Fitness under
this section, the following shall be considered:
(1) the extent and nature of the applicant's past criminal activity;
(2) the age of the applicant at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant's last
criminal activity;
(4) the conduct and work activity of the applicant prior to and following
the criminal activity;
(5) evidence of the applicant's rehabilitation or rehabilitative effort
while incarcerated or following release; and
(6) other evidence of the applicant's present Fitness, including letters
of recommendation from prosecution, law enforcement, and correctional officers who
prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and
chief of police in that community where the applicant resides; and any other persons in
contact with the applicant.
(c) It is the responsibility of the applicant, to the extent possible, to secure
and provide to the police department the evidence required to determine present
Fitness under Subsection (b) of this section.
Sec. 31-41. Investigation of application.
The police chief may conduct such other investigation as is considered
necessary to determine whether an applicant for a Chauffeur's Permit is qualified.
Sec. 31-42. Issuance and denial.
(a) When a determination is made by the chief of police as to the
qualifications of the applicant, the city clerk shall be notified.
(b) If the police chief determines that an applicant is qualified, the city clerk
shall issue the applicant a Chauffeur's Permit upon payment of all fees prescribed by
this article.
(c) The police chief may deny the application for a Chauffeur's Permit if the
applicant:
(1) is not qualified under Section 31 -40; or
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(2) makes a false statement of a material fact in his /her application for
a Chauffeur's Permit.
(d) If a determination is made to deny the applicant a Chauffeur's Permit, the
police chief shall notify the applicant in writing that his /her application is denied and
include in the notice the reason for denial and a statement informing the applicant of
his /her right of appeal.
Sec. 31-43. Fee; term; not transferable.
Before the application for a Chauffeur's Permit has been processed in
accordance with this article, the payment of an application fee of fifteen dollars
($15.00)) shall be collected by the city clerk. If the permit is approved in accordance
with this article, it shall be the duty of the city clerk to issue the Permit which shall run
for a period of one year from date of issuance. The Permit when issued shall not be
transferable. However, it shall be lawful for the Holder of such Permit to use the same
Permit provided he /she changes employment from one Franchise Holder or Owner -
Operator of Taxicabs to another.
Sec. 31-44. Duplicate Permit.
If a Chauffeur's Permit is lost or destroyed, the city clerk shall issue the Licensee
a duplicate Permit upon payment to the city of a duplicate Permit fee of $10.00.
31-45. Drivers to be fingerprinted and photographed.
No Chauffeur's Permit shall be issued to any Driver of a Taxicab until the police
department shall have taken fingerprints and a photograph of such applicant.
Sec. 31-46. Driver's Permit and photograph to be posted in vehicle.
It shall be the duty of the Driver of every Taxicab to have his /her Chauffeur's
Permit, together with his /her photograph, of a size no smaller than two inches by three
inches, affixed and visibly displayed in the driving compartment of the Taxicab.
Sec. 31-47. Revocation of Chauffeur's Permit.
The Chauffeur's Permits authorized to be issued in section 31 -42 may be
revoked by the city manager's office where it has been determined, after a proper
hearing, that such Chauffeur:
(a) Has been responsible, as a Driver, for any accident resulting in the death
or personal injury of another, or serious property damage.
(b) Has committed any offense for which his /her state license is suspended.
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(c) Is a habitually reckless or negligent Driver.
(d) Is a habitual violator of the traffic laws and ordinances.
(e) Has permitted an unlawful or fraudulent use of his /her city Chauffeur's
Permit.
(f) Has failed or refused to report any accident in which he /she is involved, as
required by state law and city ordinances.
(g) Has violated any of the provisions of this article.
(h) Has been guilty of operating a motor vehicle when under the influence of
intoxicating liquor or drugs.
(i) Has been convicted for a violation of any penal ordinance of the City of
Wichita Falls or any penal Statute of the State of Texas as enumerated in Section 31-
40 (7)(A) of this article.
(j) Has been guilty of possession or transporting of a controlled substance.
(k) No longer meets one or more of the qualifications under Sec. 31 -40.
When it shall come to the attention of the chief of police, any police officer, or
any other person, that any Chauffeur permitted under the provisions of this article has
been guilty of conduct that would justify the revocation of his /her Permit under the
provisions of this section, then such person shall file charges with the city manager, or
his /her designated representative, who shall cause such person to be notified to appear
for a hearing upon such charges. After service of such notice upon such person, the
city manager, or his /her designated representatives shall hold a hearing thereon and
make its findings as to the truth or falsity of such charges. In the event of an affirmative
finding, the city manager or his /her designated representative shall revoke such
Permits.
Sec. 31-48. Employment of Drivers; names to be filed with city.
It shall be unlawful for any Owner of a Taxicab to employ a Driver who has not
been permitted as a Chauffeur under the provisions of this article, and the names of all
Drivers shall be filed with the city clerk by the Franchise Holder or Owner - Operator.
Sec. 31-49. Appearance of Drivers.
(a) It shall be the responsibility of every Franchise Holder to require the
Drivers of such Taxicabs to be neat and clean in appearance while on duty.
16
(b) While on duty, all Drivers will be required to wear shirts with collars, shoes
with socks or stockings, and long pants.
Sec. 31 -50. Refusal to convey passengers.
(a) While operating a Taxicab, a Driver shall not refuse to convey a person
who requests service unless
(1) the person is disorderly;
(2) the Driver is engaged in answering a previous request for service;
(3) the Driver has reason to believe that the person is engaged in
unlawful conduct; or
(4) the Driver is in fear of his /her personal safety.
(b) While operating a Taxicab, a Driver shall not refuse service requested by
a radio dispatch when the location for pick up is within a reasonable distance from the
location of the Taxicab.
Sec. 31 -51. Passenger limitations.
(a) While operating a Taxicab, a Driver on duty may carry only a person who
is a paying passenger, unless the passenger is an employee of the taxicab service that
employs or contracts with the Driver, a governmental employee acting in an official
capacity, or unless it is authorized by the Holder's operating authority.
(b) A Driver may not carry at the same time more people than the designed
seating capacity of the Taxicab.
Sec. 31 -52. Carry passengers by direct route.
A Driver shall carry a passenger to his /her destination by the most direct and
expeditious route available unless otherwise directed by the passenger.
Sec. 31 -53. Solicitation of passengers.
A Driver may not solicit passengers:
(a) from a location other than the Driver's compartment or the immediate
vicinity of his /her Taxicab;
(b) in a way that annoys or obstructs the movement of a person.
17
Sec. 31 -54. Conduct of Drivers.
A Driver shall:
(a) conduct himself in a reasonable, prudent, and courteous manner;
(b) not respond to a radio dispatch call assigned to another Driver;
(c) not consume alcoholic beverage, drugs, or other substance which could
adversely affect his /her ability to drive a motor vehicle;
(d) not monitor the radio frequency of a Taxicab company other than his /her
own nor respond to a call for service dispatched by another company;
(e) not possess a radio equipped to receive the frequency of a Taxicab
company, other than his /her own;
Sec. 31 -55. Return of passenger's property.
(a) Upon finding property in a Taxicab left by a passenger, the Driver shall
immediately return the property to the owner. However, if the Driver is unable to locate
the owner or if the Driver does not know the identity or whereabouts of the owner, the
Driver shall, by the end of the Driver's shift, deliver the property to the Holder who
employs or contracts with the Driver.
(b) Upon return of property to the owner or delivery of property to the Holder,
the Driver shall prepare a written report, in duplicate, stating the description of the
property, the identity of the owner if known, the date the property was left in the
Taxicab, the circumstances relating to the loss, and the Taxicab number. The Holder
shall promptly submit one copy to the police department and keep the original report on
file for at least one year and shall hold the property for not less than three months.
Sec. 31 -56. Taxi sub - terminals and stands.
(a) There may be designated by the city cab operators and approved by the
director of traffic and transportation open parking stands for Taxicabs in such place or
places upon the streets of the city as may be deemed necessary for the use of
Taxicabs operated in the city. No open stands shall be established without taking into
consideration the need for such stands by the companies and the convenience to the
general public. No Subterminal and /or open stand shall be established in .front of any
place of business without the consent of the abutting property owner or in any place
where such stand would create a traffic hazard.
i
(b) Open stands shall be used by the different Drivers on a first come first
served basis. The Driver shall pull on to the open stand from the rear and shall
advance forward as the cabs ahead pull off. Drivers shall stay within five (5) feet of
their cabs; they shall not solicit passengers; or engage in loud or boisterous talk while
at an open stand. Nothing in this article shall be construed as preventing a passenger
from boarding the cab of his /her choice that is parked at open stands.
Sec. 31 -57. Rates and Fares.
(a) The city council shall have the right to change or establish the rates and
fares to be charged by Taxicabs or vehicles used for public transportation in the city at
any time it deems necessary by separate ordinance.
(b) Any measurement of distance shall be made by the Taximeter of the
vehicle operating as a Taxicab; provided, that such Taximeter shall have been
inspected and tested for accuracy and shall be in good working order at the time such
rate or fare is charged.
Sec. 31 -58. Request for rate change.
(a) Requests for an increase in rates may be submitted to the city clerk and
forwarded to the director of traffic and transportation for recommendation to the city
council, upon a joint request by a majority of the Franchise Holders. It shall be the
responsibility of the applicants for a rate change to coordinate the application and prove
that the rate change is necessary to maintain safe and responsive public transportation.
The application shall include the following:
(1) Cover letter stating the reason for the request of an increase in
rates.
(2) Comparison of the operating condition of the industry over the past
two (2) years to include:
a. Gross operating revenues;
b. Operating expenses;
C. Total miles operated;
d. Total paid miles operated;
e. Number of passengers carried; and
f. Total number of trips.
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19
(3) A summary analysis of the above items identifying major operating
expense changes necessitating the need for the rate change and the impact on the
industry if such change is not granted.
(4) Upon receiving an application for a rate change from the Franchise
Holders, the city council will hold a public hearing within sixty (60) days after receipt of
the application on the proposed rate change.
(b) All operational or financial data used in the analysis will be based on the
city fiscal year of October 1 to September 30 or by the calendar year.
Sec. 31 -59. Joint trips.
(a) When a Taxicab is not originally engaged for a joint trip, nothing herein
shall authorize the carrying of additional passengers without the consent of the
passenger who first engaged the Taxicab.
(b) When more than one passenger occupies a Taxicab at the same time
nothing herein shall prevent the passengers from dividing the cost of the trip in any
manner that they may voluntarily agree upon.
(c) A Driver shall not charge a fare for operating a Taxicab in the city that is in
excess of the rates on file with the city clerk.
Sec. 31 -60. Display of rate card.
A schedule of the rates prescribed by city ordinance shall be permanently posted
in each Taxicab so as to be clearly visible to all passengers herein.
Sec. 31 -61. Computation of fares.
(a) A Driver shall not charge a fee in excess of that amount which is
computed by the Taximeter.
(b) A Franchise Holder may authorize a Driver to make a flat rate charge for a
trip to a destination which is not covered in the Franchise Holder's approved rates of
fare, outside the corporate city limits, if the Taximeter is kept in operation while the
Taxicab has a passenger within the corporate limits of the city.
(c) No charge shall be made against a passenger for any time lost on
account of any delay other than that which is defined as Waiting Time hereinbefore.
Sec. 31 -62. Refusal to pay legal fare; hiring Taxicabs with intent to defraud.
20
It shall be unlawful for any person to refuse to pay the legal fare of any Taxicab
after having hired the same, and it shall be unlawful for any person to hire any Taxicab
with intent to defraud the person from whom it is hired of the value of such service.
Failure to pay the legal fare shall be presumptive of intent to defraud.
Sec. 31 -63. Taximeters — Required for all Taxicabs.
(a) It shall be unlawful for any Taxicab within the city to be operated for public
hire unless it is equipped with a Taximeter to be used as provided in this article.
(b) It shall be unlawful for any Taxicab to be operated within the city unless a
Taximeter is used in determining the fare to be charged, and no fare shall be charged in
excess of the fare recorded on such Taximeter for any trip.
(c) It shall be unlawful for any person owning, operating, driving or in charge
of any Taxicab for hire in the city to drive or operate such Taxicab, or to use or
advertise in connection therewith the word "taxi," "Taxicab" or "cab," or in soliciting trade
from the public to represent or exhibit such vehicle as a "taxi," "Taxicab" or "cab," unless
such vehicle is equipped with a Taximeter according to the provisions of this article.
Sec. 31 -64. Taximeters - General Specifications.
Every Taxicab having affixed thereto a Taximeter shall use a Taximeter of a size
and design approved by the director of traffic and transportation. Such Taximeter shall
conform to the following specifications:
(a) The Taximeter shall be an electronic or mechanical instrument or device
by which the charge for hire of a Taxicab is electronically or mechanically calculated for
distance traveled, for Waiting Time, if any, and upon which such charge shall be
indicated by means of clearly legible figures which are electrically lighted each time the
Taximeter flag thrown or the meter is electronically activated, from nonearning to
earning position.
(b) Every Taximeter shall register upon visual counters the following items:
(1) Total Miles.
(2) Paid miles.
(3) Number of trips.
(c) Each Taximeter shall be furnished with a tamperproof switch and system
of electrical distribution so that when the Taximeter flag is in the "high" or on
electronically operated meters in the "off' or "nonearning" position, the electrically
controlled advertising, or company identification, sign mounted on the top of the
21
Taxicab will be automatically lighted and when the Taximeter is on "mileage" or "time,"
both of which are revenue earning operations, one (1) amber, tell -tale light on top of the
cab, or on the company sign, will be automatically lighted and will be visible from all
directions.
(d) Each mechanical Taximeter shall be driven from the Taxicab
transmission, not merely from a connection with the speedometer driving shaft, to the
Taximeter head using a flexible shaft and flexible housing so connected and sealed as
to be nontamperable. Each electronically operated Taximeter shall have the sending
unit and rate change unit sealed as to be nontamperable.
Sec. 31 -65. Taximeters - Inspection and testing.
(a) No person shall drive or operate a Taxicab to which is attached a
Taximeter which has not been duly tested, inspected and approved as required by this
article and it shall be unlawful to change the size of the wheels or tires of any Taxicab,
or the gears operating the Taximeter unless the Taximeter is again tested, inspected
and approved before being used.
(b) No approval shall be given for any Taxicab until the Taximeter attached
thereto shall have been tested and inspected and found to be accurate and in
conformity with the specifications required of such Taximeters under the terms of this
article.
(c) Inspections and tests of Taximeters shall be under the supervision of the
traffic and transportation director and use of any such Taximeter is prohibited until such
tests and inspections shall have been made verifying the accuracy and good working
order of such Taximeter.
Sec. 31 -66. Taximeters - Regulations for use.
(a) No person shall use or permit to be used or driven for hire a Taxicab
equipped with a Taximeter the case of which is unsealed and not having its cover and
gear intact.
(b) No Driver of a Taxicab equipped with a Taximeter while carrying a
passenger, or while under employment, shall display the signal affixed to such
Taximeter in such a position to denote that the vehicle is not employed at a rate of fare
which the use of the Taxicab legally justifies under the provisions of this article.
(c) It shall be the duty of the Driver to call the attention of passengers to the
amount registered on the Taximeter and the Taximeter shall not be changed to the
"vacant" position until after the fare is paid.
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22
Sec. 31 -67. Inspection of vehicles; removal from service of unsafe, unsanitary,
improperly operated, etc., vehicles.
(a) Every Taxicab may be inspected periodically and such intervals shall be
established by the city manager or his /her designated representative. No Taxicab shall
be operated which does not comply with all of the following minimum standards:
(1) Each Taxicab shall conform to all safety standards established by
the director of traffic and transportation.
(2) Each Taxicab shall be free of dust, dirt or rubbish, and be
otherwise clean and sanitary.
(3) No part of the body of such Taxicab shall be missing, bent, or
dented out of shape.
(4) The exterior and interior paint shall not be unreasonable rusted,
flaked or scraped.
(5) The coverings of floors, seats and back and arm rests shall be
repaired of all rips, tears and places where wear through the covering material has
occurred.
(6) Each Taxicab shall be equipped with two -way radio communication
equipment in proper operating condition capable of transmitting and receiving vocal
communication between such Taxicab and the dispatching office of the Franchise
Holder.
(b) If the operation of any Taxicab is found not to comply with the
requirements of this section, the city manager, director of traffic and transportation
department, 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 to issue an order for such
vehicle to be taken out of service shall not be a defense to the violation of this section
by the Driver and the Franchise Holder when so charged; and the operation of such
Taxicab from the place at which the order was issued to the destination required by
passengers in the Taxicab at the time such order was issued shall not constitute a
separate offense. The city manager or the director of traffic and transportation will
notify the Franchise Holder in writing of such failure, identifying the Taxicab by number,
the name of the Driver and the specified complaint.
Sec. 31 -68. Replacement, Removed and additional vehicles.
Replacement and additional vehicles within the total number of authorized
Taxicabs of any Franchise may be made. Every such replacement or addition shall be
reported promptly in writing by the Franchise Holder to the city clerk, must meet all
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23
safety inspection requirements prescribed by this article, and must be Licensed
hereunder. Upon replacement, the License of the replaced vehicle shall be canceled.
The Franchise Holder shall notify the city clerk of the permanent removal of a vehicle
from service not later than the next city work day after the vehicle is taken off the street.
Sec. 31 -69. Display of name of Franchise Holder.
Every Taxicab operated in the city shall bear on the outside of each rear door, or
front door if approved by the director of traffic and transportation, and on the rear of
such Taxicab, in letters not less than two and one -half (2 -1/ 2) inches in height and not
less than five- sixteenths -inch stroke, the name of the Franchise Holder, or the
registered assumed name of the Taxicab service of such Holder, together with the
telephone number of the service, upon the grant of the Franchise. There may also be
an identifying design (logo) of such Franchise Holder's business as approved by the
director of traffic and transportation. All lettering and designs shall be in colors
contrasting the colors of the Taxicab so that the lettering and designs shall be clear and
legible.
Sec. 31 -70. Requirements of lettering and signs.
Lettering and signs on Taxicabs may be of adhesive decal or letters as approved
by the director of traffic and transportation. If painted they shall be in enamel or oil
paint that will weather the elements and shall be kept legible at all times. The lettering
on all Taxicabs owned or controlled by the same Franchise Holder shall be the same
working, color, size letters and at the same place on each Taxicab for such service.
Sec. 31 -71. Color scheme.
(a) Every Franchise Holder shall adopt standard colors, or combination of
colors, for the Taxicabs of such service and shall not operate any Taxicab until such
Taxicab has been painted the colors or combinations of colors adopted by the
Franchise Holder. The colors or combination of colors, after being approved by the city,
shall not be changed without permission. All vehicles will be nearly as possible the
same shade of color approved for said Franchise with no distinctive stripes or logos to
identify one vehicle from other vehicles operating under the same Franchise. Franchise
Holders desiring to change the color combinations on their vehicles shall submit an
eight -inch by ten -inch color panel not more than one - eighth inch thick, for approval of
colors. All vehicles operating under the Franchise shall be repainted within ninety (90)
days of the date of approval of the color scheme or be removed from service until such
time as they are painted to meet the new Franchise color requirements.
(b) 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 Franchise
Holder already operating under this article in such manner as to be misleading or tend
to deceive or defraud the public.
Sec. 31 -72. Vehicle design and age requirements.
(a) Station wagon model design vehicles may be used as Taxicabs, provided
that a physical barrier approved by the city is securely anchored between the
passenger and luggage compartments.
(b) Every vehicle used as a Taxicab shall have a minimum of four (4) doors,
with front and rear seats.
(c) No vehicle that has been licensed and in service immediately prior to August
18, 1995 that is more than one hundred twenty (120) riioriths old at the time of
inspection shall be issued a license; age to be calculated from the first day of January
from the model year of the vehicle.
(d) Any vehicle that was not licensed and in service immediately prior to August
18, 1995, shall be eligible for licensing if that vehicle is no more than ninety -six (96)F-,,,
months old at the time of inspection; age to be calculated from the first day of January
from the model year of the vehicle; and complies with Section 31- 72(e).
(e) Any vehicle that was not licensed and in service immediately prior to August
18, 1995 shall be eligible for licensing if that vehicle has not been licensed and in
service for more than sixty (60) cumulative months and complies with Section 31- 72(d).
(f) Special service vehicles shall be exempt from age limitations, but shall be
kept in good mechanical condition and repair at all times.
Sec. 31 -73. Use of scanners prohibited.
No person shall use, or permit to be used, a scanner or other type of electronic
device to monitor radio transmission of any Franchise Holder other than the one the
Taxicab is being operated under.
Article Ill. Limousines and special service vehicles
Sec. 31-74. Definition.
For purposes of this article, a "special service vehicle" is any chauffeured motor
vehicle for general passenger use which operates within the city on a prearranged
appointment basis only, whereby such arrangement is made not less than one (1) hour
in advance of the time transportation is to begin. A "limousine" is any chauffeured
motor vehicle manufactured by a commonly recognized manufacturer of luxury
automobiles, including but not limited to, Cadillac, Lincoln, Mercedes, Lexus and Rolls
Royce, which operates within the city upon request made by a customer at the
IL
24
Sec. 31 -72. Vehicle design and age requirements.
(a) Station wagon model design vehicles may be used as Taxicabs, provided
that a physical barrier approved by the city is securely anchored between the
passenger and luggage compartments.
(b) Every vehicle used as a Taxicab shall have a minimum of four (4) doors,
with front and rear seats.
(c) No vehicle that has been licensed and in service immediately prior to August
18, 1995 that is more than one hundred twenty (120) riioriths old at the time of
inspection shall be issued a license; age to be calculated from the first day of January
from the model year of the vehicle.
(d) Any vehicle that was not licensed and in service immediately prior to August
18, 1995, shall be eligible for licensing if that vehicle is no more than ninety -six (96)F-,,,
months old at the time of inspection; age to be calculated from the first day of January
from the model year of the vehicle; and complies with Section 31- 72(e).
(e) Any vehicle that was not licensed and in service immediately prior to August
18, 1995 shall be eligible for licensing if that vehicle has not been licensed and in
service for more than sixty (60) cumulative months and complies with Section 31- 72(d).
(f) Special service vehicles shall be exempt from age limitations, but shall be
kept in good mechanical condition and repair at all times.
Sec. 31 -73. Use of scanners prohibited.
No person shall use, or permit to be used, a scanner or other type of electronic
device to monitor radio transmission of any Franchise Holder other than the one the
Taxicab is being operated under.
Article Ill. Limousines and special service vehicles
Sec. 31-74. Definition.
For purposes of this article, a "special service vehicle" is any chauffeured motor
vehicle for general passenger use which operates within the city on a prearranged
appointment basis only, whereby such arrangement is made not less than one (1) hour
in advance of the time transportation is to begin. A "limousine" is any chauffeured
motor vehicle manufactured by a commonly recognized manufacturer of luxury
automobiles, including but not limited to, Cadillac, Lincoln, Mercedes, Lexus and Rolls
Royce, which operates within the city upon request made by a customer at the
IF' 4- ► r
25
dispatching office or principal place of business of the franchise holder. The definition
of limousines or special service vehicles shall not include "courtesy vehicles" which are
utilized by hotels or motels.
In the event an application for a special service vehicle franchise comes before
the City Council and either the applicant or the City Council desires to restrict the
franchise to a defined customer base, the City Council may specify these restrictions in
the approving ordinance. Examples of customer bases may include but not be limited
to Elderly /Disabled Transport only, Medical related transport only, General Transport.
Sec. 31 -75. Licenses; compliance.
Any person operating a limousine or special service vehicle as a vehicle for hire
upon the streets of the city shall comply with all provisions of Article II, "Taxicabs," such
provisions being incorporated by reference herein, as if the terms 'limousine and
special service vehicle" and "taxicab" were used interchangeably except that Article II,
sections 31- 28(g), 31 -46, 31- 50(b), 31 -56 through 31 -61, 31 -63 through 31 -66, 31-
67(a)(6), 31 -71, 31 -72(a) through 31 -72(e) shall not apply to limousines or special
service vehicles."
Sec. 31 -76. Rates and fares.
Limousines and Special Service Vehicles shall operate only on a prearranged
contract basis. A schedule of current rates shall be filed with the city clerk for each
licensed vehicle.
Sec. 31 -77. Penalties and fines.
It shall be an offense punishable by a fine not to exceed amounts prescribed in
Sec. 1 -5 of the Code of Ordinances for any violation of this Chapter."
PASSED AND APPROVED this the 18th day of November, 1997.
ATTEST:
YA AYOR
ORDINANCE NO. 114.97
AN ORDINANCE APPRO-
PRIATING MONEY RE-
CEIVED FROM THE U.S.
JUSTICE DEPARTMENT
TO FUND THE WEED
AND SEED PROGRAM;
FINDING AND DETER -
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS R E -
QUIRED BYLAW
ORDINANCE NO. 115-97
AN ORDINANCE APPRO- '
PRIATING $10,000 IN THE i
POLICE DEPARTMENT
FROM GENERAL FUND
EQUITY FOR PURPOSES
OF A FACILITIES PLAN-
NING WORKSHOP FOR
THE PROPOSED PUBLIC
SAFETY TRAINING CEN-
TER, POLICE FIRING
RANGE AND FIRE
TRAINING FIELD
ORDINANCE NO. 116.97
j ORDINANCE AMENDING
CHAPTER 31 OF THE
CODE OF ORDINANCES
WHICH REGULATES VE-
HICLES FOR HIRE
ORDINANCE NO. 117-97
ORDINANCE AUTHORIZ-
ING THE TRANSFER OF
THIRD PARTY REVENUE
IN THE AMOUNT OF
568,575 FROM THE SPE-
CIAL REVENUE FUND
o!j[i FUND THE GENERAL
ORDINANCE NO. 118-97 F
ORDINANCE WAIVING
APPENDIX A. SUBDIVI- t
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA #745151
Here)
2nd December
On this day of
AD 1997
..... personally appeared before me, the undersigned authority
Courtney Howard bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one ( 1 ) issues thereof on the following dates:
November 30, 1997
Wj- A�k *rvo)azd
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: