Ord 1180 11/12/1934 f -
ORDIN ANCE NO. 1180
AN ORDINANCE ASgENDING SECTION 1 OF ORDINANCE NO. 7719 PASSED
AND APPROVED ON THE 31ST DAY OF MAY, 19269 ENTITLED: "AN O M INANC E FOR
THE LICENSING AND REGULATION OF AUfOMOBIIES FOR HIRE AIM PROVIDING
PENALTIES."
BE IT ORDAINED BY THE BOARD OF ALDEMIEN OF THE CITY OF
WICHITA FACES, TEXAS:
SECTION 1. That hereafter Section192oof Ordinance
No. 771,
follows•
passed and approved on the 31st dayof May, ,
That every person who may hereafter require a license to
operate an automobile for hire shall file with the City Clerk a written
application signed by such applicant and stating:
(a) The name and place of residence, sex, age, customary
calling or occupation of the applicant and the character and value of
his assets, and what portion, if any, of such assets are exempt from
forced sale, the liabilities of such applicant and how, if at all, such
liabilities are secured and whether any other person owns any title or
interest in the automobile for which such license is required;
(b) The name, usual trade description, equipment, rated horse
power and factory number of such automobile and as nearly as practicable,
the year in which said automobile was manufactured or first used;
(c) The stand or stands at which the automobile will remain
while not in actual service;
(d) The kind aP written assurance which said applicant
desired to furnish the city;
(e) The rated seating capacity of such automobile;
(f) If the applicant be a corporation, the name and place of
residence of the offices of such corporation; the amount of its capital
stock and the amounts thereof fully paid up; the character and value of
its assets, its liabilities and the security therefor and such corpora-
tion shall file with its said application a duly certified copy of its
charter and by-laws, and if it be a foreign corporation, ad my certi-
fied copy of its permit to do business in Texas.
Before a license shall issue, the applicant shall pay the
license fee required by law and furnish to the City for each such auto-
mobile to be licensed evidence of the issuance of an insurance policy,
or a good and sufficient bond as such may be approved by the City
At Lorney as to form, and approved by the Mayor as to sufficiency, and
in the amount hereinafter rekuired, and conditioned that the insurance
company or bond, shall well and truly pay to the Mayor of said City and
to his successors in office, for the benefit of any person or persons
injured by reason of the negligent operation of such vehicle, any
amount or amounts which may be awarded by the final judgment of any
court of competent jurisdiction against the owner or operator, not
exceeding, however, for any injury to any one person while traveling
in a vehicle not exceeding seven passenger capacity, the sum of Two
Thousand Five Hundred ($2,500.00) Dollars or the sum of Five Thousand
($5,000.00) Dollars for all persons injured in any one accident or
occastion.
It is further provided herein that the bond or insurance
company shall well and truly pay to the mayor of said City, and to
his successors in office, for the benefit of any person or persons amount
injured by reason of the negligent operation of such vehicle, any
oY
or amounts which may be awarded by the final judgment of any court
competent jurisdiction against the owner or operator not exceeding for
any injury to any one person while traveling in a vehicle which has a
capacity of more than f if teen p assengers the suss of Five Thousand
)ol-
lars($5,000.00) or the sum. of Fifteen Thousand Dollars ( ,
all persons injured in any one accident or occasion.
The insurance policy or bond, with the rider attached, shall
be filed in the office of the City Clerk of the City of Wichita Falls,
Texas.
Such insurance policy xtlatxi�Bxa�eextB�dsb$x�txse�taxtxzx$�e =
RMM]L XXxZ1xXX%±M=xkff.0 or bond shall provide that each such clain or
cause of action shall survive in case of the death of the p ers on injured
for the benefit of the legal beneficiaries of such person, and that such
insurance policy or bond shall not be exhausted by the first recovery,
but shall be subject to successive recoveries, and shall be subject to
any alterations of the route or termini of such xxk;txa:kxJ= vehicle as
herein provided, during the time which same shall continue in effect.
Said insurance policy or bond shall further provide and operate to the
benefit of any person suffering damage to his property through the
negligent operation of said vehicle in a sum not exceeding One Thousand
(41,000.00) Dollars.
Such insurance policy shall be executed by a solvent insurance
company qualified to transact business in the State of Texas, or in case
of a bond, it shall be executed by a solvent surety company, qualified
to transact business in the State of Texas, or such bond may be a per-
sonal bond if signed by two or more good and sufficient sureties, it
either are worth the amount of the bond above his exemptions as provided
by law. And it is further provided, that whenever the Board of Aldermen
shall deem that a new additional insurance policy or bond is necessary
for the public , it may require the giving of a new or additional insur-
ance policy or bond, and the owner or operator shall. within five days
after receiving written notice of such requirement provide a new or
additional insurance policy or bond with the terms, amounts, and condi-
tions as herein required and probide�ittenfurther,
demand�trequire insurance
a new
com-
pany or surety on any bond mays y w
policy or bond be given by the owner and operator within five days and
the city shall thereupon give notice of the same to the owner, and, upon
filing of such new insurance policy or bond, shall discharge such first
insurance company or surety on the bond from further liability to accrue
after the time of the approval of such new policy or bond.
No insurance company or sureties on a bond shall cancel any
policy or bond as herein provided unless such insurance company or
sureties has satisfactorily settled all claims arising under said policy
or bond.
The City shall not be deemed to have assumed any pecuniary
responsibility for the solvency of any insurance company or bond, or in
any manner to have become liable for any sum on account of any such claim
or on account of any act or mission of any officer or officers of the
City in connection with any matter relating to such vehicle or vehicles,
nor shall the lawful liability of the owner or operator be in any manner
either limited or enlarged, by anything in connection with tkis ordinance
or such permit or insurance policy or bond, but persons having any cause
Of action secubondred withouteby shall impleadingethe City ed to sue ofWichita Fpon alls,uch insurance
policy or Texas.
SECTION 2. The fact that the taxicabs now operating in
said City are without adequate bond or insurance policy covering
their public liability and property damage creates an emergency and
an imperative public necessity that the rule requiring ordinances to
be read on three separate days be suspended and the same is hereby
suspended and that this ordinance shall take effect and be in force
from and after its passage, and it is so ordained.
PASSED AND APPROVED this day of November, A. D. 1934.
Mayor
ATTEST.-
City Clerk