Ord 1188 1/16/1935 (t *....
f f d
ORDINANCE NO. _
AY ORDINANCE A`.ENDING SECTION 4 PARAGRAPH 'IF" OIL 01:0IT'ATTCE
NO. 331, OF THE ORDIJMNCE RECORDS OF THE CITY OF 'KICHITA FAILS, BY
AMMMING SECTION 4 PARAGRAPH "F" SO AS TO REDUCE THE AMOUNT OF THE
BOND AND/OR SECURITIES IN LIEU OF A BOND TO BE FURNISHED BY PERSONS
OPERATING TAXICABS, AND BY ADDI1iG TO SAID ORDINANCE 331 SECTION 4
PARAGRAPH "F" , PROVIDING FOR THE PAYMENT OF A LICENSE FEE TO BE PAID
BY THE OPERATORS OF PUBLIC VEHI CI.:ES FOR HIRE, PROM D-:l;G FOR A PENALTY
AND DEC I ARING AN EMERGENCY.
BE IT ORDAINED BY THE, CITY COUNCIL 07' THE CITY 07 `IICHITA
FALLS;
SECTION 1. That Section 4, Paragraph 'IF" of Ordinance T?o.
331, recorded in the Ordinance Records of the City of `Vichita Falls,
shall be amended so as to hereafter read as follows:
"Section 4, Paragraph "H" . That before any license shall
be insured as herein above provided, the applicants, namely Homer
Humphris, Clint Humphris, & E. C. Hottinger, dba Yellow Cab Co; L. R.
Abbott dba Cadillac Auto Rent Co C. Als
b a�? s Taxi ,
Dr. A. E. Roark, dba Roark' s Taxi, es � �a�ating
taxicabs in the City of -Wichita Falls, Texas, shall furnish to the
City of Wichita Falls for such automobile or automobiles to be licensed
a good and sufficient bond or public liability insurance policy in
writing, such bond shall consist of a good and sufficient bond, or
public liability policy in the sum of Twenty---'ive Hundred ($2, 500.00)
Dollars, to be approved by the City Manager as to form and efficiency,
conditioned that the holder of the license shall well and truly pay to
the TYayor of the City, or his successor in office, for the benefit of
every judgment creditor who has been injured or whose property has
been damaged, other than the licensee, or his employees, through the
negligent operation of such automobile or automobiles by the licensees,
named herein, or their employees, or will well and truly pay directly
to any such judgment creditor who has been injured, or whose property
has been damaged, any amount or amounts of money that shall have been
awarded by final judgment of any court of competent jurisdiction,
against such licensees, named herein, on account of such injury, not
exceeding, for bodily injury to any one person, the sum of '2,500.00
and/or not exceeding the sum of Yr.1,000.00 for direct and material
damages to property resulting from any one accident or occasion.
Provided, however, that the aggregate liability on the bond for both
personal injury and/or property daimge shall not be in excessi of
-i�2, 500.00 to any one person or his property. The said bond or public
liability policy shall provide that each such cause o�' action shall
survive in case of death o- the injured person for the benefit of the
beneficiary of such person, and that such bond or policy shall be
subject to successive recoveries during the time that such bond or
policy rrja.y continue in effect.
Said bond or public liability policy shall further provide
that no action lie thereon or against the sureties or surety thereon
until more than thirty days after a final judgment in favor of said
judgment creditor against the principal, not pending on appeal or
writ of error, is and remains unsatisfied. No action 'or the indemnity
against loss provided by said bond or said public liability policy
shall lie against the sureties on said bond or against the surety
unless brought within two years from the date of said final judgment .
The said bond or public liability policy shall be executed by two or
more good and sufficient sureties, one of who shall be a resident of
dichita Falls lichita County, Texas, and the other a solvent surety
company or insurance company authorized to do business in the =)'tate
of Texas.
Provided, however, that in lieu of the bond or public
liability policy provided for by this ordinance, said persons , named
herein to whom such license is granted to operate an automobile for
hire may deposit with the City Auditor T='. S'. Covernment Fonds, or T.T.P .
Government Treasury Certificates or Texas IVKunicipal Corporation ?fonds
in the same amount as the bond or public liability policy, and upon
receipt of such securities it shall be the duty of the City Auditor
to issue a receipt therefor, a copy of which shall be furnished to the
depositor and another to the Cit,� _'ecretary. The City Secretary, upon
presentation of such receipt , shall issue the license after the sane
has been granted in accordance with the ordinance.
±'rovided, however, that in lieu of the bond or public liability
policy or in lieu of depositing U.S. Governriient Fonds, or U.S. Treasury
Certificates, State of Texas Bonds or Texas Municipal Corporation Bonds,
said persons , named herein, to whom such license is granted to operate
automobiles for hire uLay deposit the sum of = 2,500.00 in cash with the
City Auditor and upon receipt of such security, it shall be the duty of
the City Auditor to issue a receipt therefor, a copy of which shall be
furnished to the applicant and another to the City `secretary . The City
Secretary, upon presentation of such receipt , shall issue the license
after same has been granted in accordance with this ordinance, and
provided, further that such persons, named herein, to whom a license
has been ranted desire to make a deposit of the sum of Twenty-Five
Hundred ( 2,500.00) Dollars, that they shall have the privilege of
doing so in depositing an amount of not less than Ten ;` 10.00) Dollars
per month per car licensed until the full amount is deposited. In such
event the persons electing to accrue the full amount of Twenty- , ive
Hundred (42,500.00) Dollars, shall have such license issued to them
upon the deposit of the first twenty dollars per car and each successive
month thereafter they shall deposit the sum of e{10.00 until the full
amount is deposited. The failure to make a deposit any successive
month shall operate as a revocation of the license or licenses issued
to such persons. `, henever the persons, named herein, elect to deposit
cash in lieu of a bond or securities, the City shall not be liable for
any interest on said money whatsoever .
The cash fund so received by the City Auditor shall be
deposited with the City Treasurer in a fund to be known as "Taxicab
Deposit Fund" .
Provided, however, that in the event the City 1.anager shall
at any time and for any reason deem that any assurance given by any
licensee is insufficient for the protection of the public, he may re-
quire a new or additional bond or public liability policy and the
licensees or the persons owning or operating any such automobiles
shall within three days after receiving written notice of such re-
quirement provide the required new or additional bond or public
liability policy; and, provided, further, that in the absence of special
agreement, any surety or insurer may by written demand require of the
City Manager that a new assurance of any such automobile be furnished
by the licensees within five days, and the City Tanager shall thereupon
give written notice by personal delivery or by mail to any such licensees
and the approval of such new assurance, or the expiration of the five
day period above provided for, shall discharge such first sureties or
insurers from any liability which shall accrue after the time of approval
of such new bond or policy or the expiration of the said period; and
provided, further, in the event any bond or policy be so canceled upon
the request of the sureties or insurers because of the default of the
licensee in the payment of the premium, if any, specified and provided
for in such bond or policy, such caneellation shall be sufficient cause
for the revocation, and termination of such license held by such
licensee as provided by this ordinance; and provided, further, that
neither said City nor any officer thereof shall be held liable for the
pecuniary responsibility or solvency of any such surety or insurers or
in any manner become liable f or any sum on account of any such claim
or any act or omissions relating to any such automobile, nor shall the
liability of the persons, named herein, owning or operating such auto-
mobiles be in any manner limited or changed by anything in connection
with this ordinance or such license or assurance, but judgment
creditors having cause of action secured thereby shall be authorized
to sue directly on such bond or policy without impleading the City;
and all persons known to any surety or insurer to have been injured or
damaged in the same accident and claiming damage therefor may be made
parties without priority of claim for payment in any suit had or
instituted on account of such matter. And provided, further, that any
licensees who elect to comply with the terms of this section by
depositing such securities as are authorized hereunder, upon the
expiration or cancellation of the license, or if such licensees shall
cease to do business in accordance with the terms and provisions of
this ordinance, may secure the withdrawal of such securities on deposit
after the expiration of six months from the date of cancellation,
expiration or failure to continue business, upon the furnishing to the
City 11anager proof that the licensee bas complied with all the terms
of this ordinance, and that there are no outstanding claims against
him which may result in judgments upon which suits could be filed
subsequently by judgment creditors of the licensee against the
securities, and in no event shall such securities be held for a period
longer than two years from the date of expiration, cancellation of
such license, or failure of the licensee to continue business, unless
there is then pending an undisposed of suit against such licensee.
Una TION 2. That any person who shall violate any of the
provisions of this ordinance shall be guilty of a misdemeanor and upon
conviction shall be fined in any sum not exceeding One Hundred ($100.00)
Dollars, and each day such violation continues shall constitute a
separate offense.
SECTION 3. That if any section, paragraph, clause or phrase
of this ordinance be for any reason declared invalid by the court of
competent jurisdiction, then such action of the court shall not affect
the validity of the remaining portion of the ordinance.
SECTION 4. 'Whereas, the present ordinance regulating the
operation of the vehicles for hire upon the streets of the City of
'11ichita Falls is inadequate to protect the life and property of the
public using the streets of the City of -Wichita. Falls and the lack of
adequate regulations creates an urgency and emergency for the immediate
preservation of the public peace, health, and safety and requires that
this ordinance become effective immediately upon its passage, and it
is accordingly so ordained.
PASSED AND APPROVED this day of _�, 1935.
ATTEST:
ty Clerk _.._