Loading...
Ordinance No. 93• • ORDINANCE NO. 93 • AN ORDINANCE REGULATING TAXICAB TRANSPORTATION, DEFINING TERMS, PROVIDING FOR ENFORCEMENT, REQUIRING PERMIT AND INSPECTION, RE- QUIRING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, REQUIR- ING STATE CHAUFFEUR'S LICENSE, SPECIFYING RATES AND FARES TO BE CHARGED, REQUIRING TERMINALS, REQUIRING PERFORMANCE BOND AND INSURANCE, REQUIRING SPECIFIED SIGNS ON TAXICABS, REQUIRING PAY - MENT OF AD VALOREM TAXES, SPECIFYING NUMBER OF PERSONS WHO MAY RIDE IN TAXICAB, PROHIBITING CRUISING, PROHIBITING SOLICITING PATRONS, REQUIRING TAXI DRIVERS TO CONVEY PASSENGERS, SPECIFYING REGULATIONS ON DRIVERS, PASSENGERS, LOST ARTICLES, SPECIFYING LI= MITATIONS ON GRANT OF PERMIT AND PROVIDING FOR SUSPENSION, REVOCA- TION, TERMINATION OR CANCELLATION OF PERMITS, SPECIFYING PERMIT FEES, REQUIRING REPORTS AND RECORDS, PROVIDING FOR TAXI METERS, REQUIRING. PASSENGERS TO PAY FARES, PROVIDING FOR OPERATIONS THROUGH DIVISIONS, PROVIDING FOR PENALTIES, PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEALING CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF.THE CITY OF BATTOWN: SECTION 1: DEFINITIONS. • (a) The term "city" or "said city" as used in this ordinance shAll mean The City of Baytown, Texas. (b) The term "street" or "streets" as used in this ordinance shall mean and include any street, alley, avenue, boulevard, drive, or highway commonly used for the purpose of public travel within the incorporated limits of The City of Bay- town, Texas. (c) The term "taxicab" as used in this ordinance shall mean every auto- mobile or motor - propelled vehicle used for transportation of passengers for hire over the public streets of the City of Baytown, Texas, and not over a defined or fixed route, and irrespective of whether or not the operations extend beyond the city limitsof said City, at rates for distance travelled, or for wait time, or for • both, or at rates per hour, per week, or per month, which such vehicle is routed to destinations under the direction of such passenger or passengers, or such person or persons hiring the same; provided, however, the term "taxicab" shall not apply to motor buses operated within The City of Baytown under a franchise from The City of Baytown, over a fixed-or definite route, nor shall said term apply to motor buses regularly operated in The City of Baytown along fixed routes to and from points out- side the incorporated limits of the City of Baytown, Texas, nor shall said term apply to motor vehicles operated under a permit or certificate of the Railroad Com- mission of the State of Texas or the Interstate Commerce Commission. (d) The term "person" shall include both singular and plural, and shall mean and embrace any individual, firm, corporation, association, partnership or society. • (e) The term "cruise" or "cruising" as used in this ordinance shall mean • the movement of unoccupied taxicabs over the publid streets of the City of Baytown in search of or soliciting, prospective passengers for hire; except, however, un- occupied taxicabs proceeding to answer a call for taxicab service from an intended passenger, and taxicabs returning to a taxi terminal or sub -taxi terminal, by the most direct route, after having discharged a passenger or passengers, shall not be considered to be cruising. (f) The term "owner" and the term "taxicab operator" when used in this ordinance shall be construed to mean any person, firm, corporation, association, partnership or society who ha-s the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of the City of Baytown, whether as owner or otherwise, except 0 "driver" as hereinafter defined. (g) The term "driver" or "chauffeur" as used in this ordinance shall be held to include every person in actu4l charge of the operation of a taxicab, as herein defined whether as owner or agent, servant or employee of the "owner," as herein defined. (h) The term "taximeter" as used in this ordinance shall mean a machine adapted automatically to calculate, at a predetermined rate or rates, and to register, the charge for hire of a taxicab and such charges shall be indicated by means of figures. (i) The term "vraiting time" as used in this ordinance shall mean such time as may be consumed or lost at the special instance and request of a passenger • after such passenger has first entered the taxicab to make a trip and before reach- ing his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Q) The term "terminal" as used in this ordinance shall mean and include the taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi ter- minal and shall mean and embrace that space and area of land and buildings off,the streets of the City of Baytown, and upon private property, and shall be and consti- tute the main office of the owner and taxicab operator. (k) The term "taxi sub - terminal" as used in this ordinance shall mean and include any place other than a taxi terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and said calls are relayed from a taxi terminal, and which shall likewise mean and embrace the space and area used by -2- taxicabs while waiting for passengers. • (1) The term "license to operate" as used in this ordinance shall mean authority granted by the City Council of the City of Baytown, Texas, upon a finding that public convenience and necessity so require it, to operate a taxicab or..taxi- cabs and shall authorize such operator of a taxicab or taxicabs to engage in the business of transportation by taxicab, and shall include the term "permit." (m) The term "public convenience and necessity" as used in this ordinance shall mean a'public convenience which is fitting and suited to public need, and,a public necessity which embraces a great and urgent public convenience. This term as applied to a proposed service by an applicant shall mean that applicant is fit, able and willing to perform transportation by taxicabs in accordance with the re- quirements of this ordinance and that public convenience and necessity require the service proposed by such applicant. SECTION 2: ENFORCEMENP. It shall be the duty of the Chief of Police and the Police Department of the City of Baytown, Texas, to enforce this ordinance under their police power and all provisions of this ordinance and all amendments to this ordinance with respect to any violation of the ordinance and to the regulations of taxicabs in the City of Baytown, Texas. SECTION 3: PERMIT. It shall be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over, any street in the City, unless and until a permit therefor has been issued by the Tax Assessor and Collector of the City. No permit certificate therefor shall be issued by the City until the owner or person in charge or control of such taxicab shall make application in writ- ing to the City Council for such permit, on blanks to be furnished by the City Clerk, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor car to be used as a taxicab; the horse- power thereof, the factory number, and /or motor number thereof, the seating capacity, -� according to its trade rating, the owner thereof, and such other relevent information as may be deemed advisable and necessary by the City Council of said City. Such application shall be signed and sworn to by the applicant. If the applicant for a permit be a corporation, such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their•addresses, and its correct • corporate name; if the applicant for a permit be a partnership, or association, such application shall be made by some duly authorized officer, or agent, of said partner- ship, or association, and shall give the trade name, or partnership name, or association name of said partnership or association, together with the names and addresses of the partners or associates. -3- • Before any owner or operator of a taxicab permit allows any of his taxicabs • to be operated upon any street, alley, boulevard or highway within the City limits of the City of Baytown it shall be inspected to determine whether said vehicle is in a safe condition to be operated as a taxicab. The inspection of said taxicab shall be made by the -Chief of Police or by any competent mechanic that the City Council of the City of Baytown might designate to make the inspection of said taxi- cab, and it shall be the duty of every operator of taxicabs in the City of Baytown to have every taxicab granted a permit under the ordinance to be inspected at least once every thirty (30) daysr by the Chief of Police or competent mechanic that might be appointed by the City Council of the City of Baytown said monthly inspection to be for the purpose of determining whether or not said vehicle is in a safe condition to be operated as a taxicab, and upon notifying the owner or operator of such taxicab • or automobile for hire that it is not in a safe condition, the same shall not be used as a taxicab until the defects found in said taxicab are corrected and the same is re- inspected and found to be in a safe condition. If upon inspection of :said taxi- cab it is found that it is in a safe condition the Chief of Police or the mechanic shall paste a paper seal of a type and design adopted by the City Council upon the windshield of said vehicle, stating the date of said vehicle was inspected and that said vehicle was approved by said inspector. No taxicab shall be operated in the City of Baytown without a valid approval seal attached thereto. At no time shall any taxicab that is found to be unsafe by the Chief of Police or mechanic appointed by the City Council be operated over the streets of the City of Baytown. Nothing herein, however, shall prevent the City of Baytown from inspecting any taxicab at any time that they may see fit and if The City of Baytown, through its agents, ser- vants, and employees, should find that it is in a defective condition, the Chief of Police shall order the use of said taxicab discontinued until the same is approved. SECTION 4:: NOTICE OF FILING OF APPLICATION FOR PERMIT. No taxicab shall be given a permit unless the City Council of said City shall first declare by resolu- tion that public convenience and necessity require the proposed taxicab service for which the application is made. Upon the filing of an application for a permit to operate taxicabs, the City Clerk shall give at least five (5) days notice by one publication in the official newspaper of the said City, of the filing of such appli- cation and that same shall be heard at the next regular meeting of the City Council • of said City, provided said notice may be given for the length of time herein pro- vided for before the next regular meeting, and if not, then notice shall state that it will be heard at the following meeting. In determining whether public convenience and necessity require the permits of such taxicabs for which application may be made, the City Council shall take into consideration whether the demands of public convenience and necessity require such proposed or such additional taxicab, or taxicabs, within the city; the finan- cial responsibility of the applicant; the number, kind and type of equipment to be used, the increased traffic congestion on the streets of the city which might result; whether the safe use of the streets by the public, both vehicular and pedestrian, .>- will be preserved by the granting of such additional permits; and such other relevent facts as the City Council may deem advisable or necessary. If the City Council f ind-s from investigation or hearing that public -convenience and necessity will not be served by the operation of the taxicab or taxicabs for which the - permit is desired, such application shall be denied and the City Clerk shall immediately give notice to the applicant of the action of the City Council. It shall be unlawful for the owner of any taxicab to operate the same where a permit has not been issued therefor under the provision of this ordinance and a violation of this section shall be sufficient reason to revoke the permit;.df such owner or operator with respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or over the streets of the City of Baytown has been granted, in accordance with this ordinance, it shall be the duty of the Tax Assessor and Collector to issue a.permit therefor to such applicant. All permits issued hereunder shall run for the calendar year. Each permit issued hereunder may be renewed from year to year by the holder of said permit provided same has not been cancelled for any violation under this ordi- nance. The permits issued under this ordinance shall be deemed personal to the holder thereof and shall not be transferable or assignable except by permission of the City Council of the City of Baytown. All holders of valid legally issued taxi permits which are actually and legally being operated by the holder thereof on the effective date of this ordinance shall have the right to secure the same number of such permits that they are so holding and using, by accepting all the terms and provisions of this ordinance and by comply- ing with the same, and it will not be necessary for these holders to file application for public hearing and necessity, but the City Council shall have the right to issue such permits upon hearings already held and had. 0 SECTION 5: CHAUFFEUR'S LICENSE. No person shall drive a taxicab upon the streets of The City of Baytown unless such person operating such taxicab shall first obtain a chauffeur's license as required by the laws of the State of Texas. -5- • SECTION 6:: RATES AND FARES TO BE CBARGED. The City Council of the City of 0 Baytown shall have the right to change or establish the rates and fares to be charged by taxicabs in the City of Baytown at any time it deems necessary by ordinance. Until otherwise changed by the City Council the following taxicab rates and fares shall be effective in the City of Baytown: (1) The rate or fare for one passenger shall be thirty -five (35¢) for the first one mile, or fraction thereof, traveled by him, and five (5¢) cents for each additional one -half mile, or fraction thereof, traveled by him, and for each additional passenger transported'.on the same trip from the same point of origin the charge shall be ten (10¢) cents for each additional passenger, regardless of the distance traveled. (2) For each one minute of waiting time consumed by the taxicab at the instance of the .passenger, the rate shall be five (5¢) cents. (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the fare shall be three dollars (93.00) for each and every hour. For each quarter hour in excess of each completed hour the rate shall be seventy -five (75¢) cents for each quarter hour the taxicab is so engaged. No taxicab shall be operated any time with a passenger or passengers unless said meter on said taxicab is correctly operating and showing the rates that are being charged. If at any time said taximeter stops or fails to operate or is operat- ing incorrectly it shall be the duty of the operator of said taxicab to immediately take said taxicab to its terminal and not operate the same until said meter has been fixed and adjusted. It shall be the duty of the operator of each taxicab under this ordinance to have the taximeter inspected at the same time said car is inspected by the city to see that same is in good working order and free of mechanical defects. The City shall have the right to inspect said taximeter at any time it so desires. Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and the Council shall have the power and authority to cancel the license of the person so operating said taxicab. in viola= tion of this section. SECTION 7: TERMINALS. Every operator of a taxicab shall maintain within the City limits of the City of Baytown a terminal or terminals of sufficient size to accommodate all of the owner's taxicabs, and he shall maintain twenty -four (24) hour per day public telephone service at not less than one of such terminals. Sub- terminals at hotels, depots and other places shall be designated by the Chief of Police. When any taxicab is at any rail, air, or bus depot within the City of Baytown, • it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depot or go upon the sidewalk or private property of any railroad company, air field or bus station for the purpose of soliciting the transportation- of any passenger or passengers arriving on the trains, planes or buses at said depot. The drivers of taxicabs using sub - terminals shall remain seated in their vehi- cles at all times while such vehicle is at a sub - terminal, provided, however, such drivers may leave their vehicles when actually necessary to assist passengers to enter or leave same, or in any case of accident, necessity, or emergency beyond the control of such driver. The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of trans- portation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the terminal shall be reflected in an application to the City Council. The equipment, site and place of a terminal must be found by the Chief of Police to best meet public convenience and necessity prior to an authoriza- tion to a permit - holder to operate such terminal.. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any terminal shall be considered as having an established prima facie case thereon, upon it appearing within the application that the operator of taxicabs is presently operating for his own exclu- sive use such terminal now being operated in the commercial areas of the City of Baytown. The location of any taxi - terminal may be condemnedcby the City Council of the City of Baytown, after a hearing is first had upon an affirmative finding by it that • such taxi - terminal no longer meets public convenience and necessity by reason of its location to the public, its inaccessibility to the public, its inadequacy of housing facilities, its inadequacy of dispatcher facilities, its unsafe conditions, or its lack of proper sanitation. SECTION 8: INSURANCE AND PERFORLIANCE BOND. Before a permit to operate taxi- cabs shall be granted, the holder thereof shall furnish to the City a good and suffi- cient performance bond, written by an insurance company having an agent or attorney for service in Texas, upon whom service of process may be served and which bonds shall be in such form and of sufficient financial stability as may be approved by the City Attorney of Baytown. Said performance bond shall be conditioned that the • holder of the permit shall well and truly pay to the City all amounts due under and pursuant to the rental charge, as prescribed in Section 18 of two (2 %) per cent of the gross proceeds received from the operation of said taxicab, and that such holder of the permit shall pay all fines and assessments levied against it in corporation court of the City, by the City,-the Tax Assessor, and by such other officials of _7- the City authorized to levy such fines, taxes or charges. Said bond likewise shall • be conditioned that the grantee shall perform each and every of the duties of an operator of taxicabs and a holder of a permit, as exists within n his ordinance and as it may be supplemented by rules and regulations of the Chief of Police. Said performance bond shall be in the.following amounts: (1) If the operator of taxicabs operates less than eight taxicabs,then said bond shall be in the sum of $51000.00. (2) If the operator of taxicabs operates more than seven and less than sixteen taxicabs,then said bond shall be in the sum of $10,000.00. (3) If the operator of taxicabs operates at least sixteen taxicabs,then said bond shall be in the sum of $20,000.00. Before the permit shall be effective the operator of taxicabs shall procure ® and furnish to the City a policy of insurance covering public liability and property damage in the standard amounts and under the standard provisions of such public liability and property damage policy of insurance on each and every automobile to be operated by such operator of taxicabs, with the minimum amounts of liability thereunder as follows:: $2,500.00 for any one single personal injury of one person, and $5,000.00 for personal injuries in any one single accident, and $2,500.00 pro- perty damage.of any one single accident. Said policy of insurance'shall be one issued by a company of sufficient assets, with an agent in Texas, upon whom service of process may be made and shall be one approved by the said City Attorney.. Should the City Attorney of Baytown determine that either the performance bond provided for above, or that the public liability and property damage insurance policy provided for above should become impaired, and requires new and additional insurance or new and additional bond, then and in such event the said City Attorney shall require such additional insurance and bonds in such company or companies as he may feel required to' insure a faithful performance by the operator of taxicabs, his agents, servants and employees, as well as a payment by such operator of taxi- cabs, his agents, servants and employees, or -,by reason of the violation by said operator of taxicabs, individually or through his agents, servants or employees, -of any of the ordinances of the City, or any of the laws of the State of Texas, or of the United States of America. SECTION 9: SIGNS. Every taxicab shall have printed on each side and in the 0 rear of said taxicab the name of the owner or the assumed name under which the owner operates, together with the Company's telephone number and the cab number. All of lettering mentioned in this paragraph shall not be less than two and one half (22) inches in height and not less than five sixteenths (5/16) inch in stroke and such 0. paint shall be either enamel or oil paint that will weather the elements and must be kept legible at all times. SECTION 10: AD VALOREM TAXES. It shall be the duty of every owner of a taxi- cab that is operated in the city limits of the City, to pay all ad valorem taxes assessed by the City against such vehicle and other equipment used in such business and a failure to pay such ad valorem taxes before they become ninety (90) days de- linquent, shall operate as a revocation of the permit issued in accordance with this ordinance. SECTION 11: NO MORE THAN SIX PERSONS TO RIDE IN TAXICABS. No driver or owner of any taxicab, licensed under the provision of this Article shall permit or allow more than six (6) persons in addition to the driver, to ride in said taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of said taxicab. SECTION 12:- STANDARD COLORS TO BE USED. All taxicab permit owners shall adopt a standard color or combination of colors and shall not operate a taxicab until all of said taxicabs are painted the color or combination of colors adopted by the permit owner. SECTION 13:. CRUISING. No-driver shall cruise, as defined herein at any time and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the nearest terminal or taxi sub - terminal; or if dispatched by radio, it shall proceed at once by the most direct route to place directed by the radio dispatcher. SECTION 14 z SOLICITING PATRONS. It shall be unlawful for any driver, or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any such taxicab over, through, or on, any public street or public place of the City of Bay- town, or while same is parked on any public street or alley of the City of Baytown, Texas, (o r to repeatedly or persistently drive any taxicab through, over, or on, any public streets or places of the' City of Baytown, Texas0except in response to calls by patrons for said taxicab or while actually transporting passengers therein, or returning to a taxi terminal as provided in Section 1, (e) hereof. It shall be unlawful for any person or persons to speak or call out in a lout • manner "taxicab," "automobile for hire," "hack," "carriage)" "bus," "baggage," or "hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, air terminal or bus station, or upon any sidewalk or street in front of any passenger M • depot of any railroad company, air terminal or bus station within the City of Baytown. • SECTION 15: REFUSING TO CONVEY PASSENGERS. If any owner, driver, or operator of any taxicab shall refuse to convey a passenger, over the most direct route prac- tical, the rate specified on the rate card displayed in said taxicab, or shall demand or receive an amount in excess of the rates displayed on said cards, free -rill tips excepted, he shall be deemed guilty of a misdemeanor. SECTION 16: REGULATIONS. It shall be unlawful for any owner or taxicab opera- for to permit any taxicab to be driven or operated within the corporate limits of the City of Baytown by any person except the owner of said taxicab or the legally authorized agent or employee-of the owner or operator; and it shall be unlawful for any person to drive any vehicle as a taxicab upon the streets of the City of Baytown in violation of any provisions of this ordinance. ® It shall be unlawful for any driver of a taxicab, knowingly to transport any person to the abode of a prostitute, or to knowingly transport any person, criminal, narcotic peddler, prostitute, or bootlegger, for the purpose of aiding in the com- mission of a crime or the violation of the law in any manner, or to act in any manner as a pimp for prostitutes, or to act as a contact -man for any unlawful estab- lishment of any character. It shall be the duty of every taxicab driver to return immediately to the owner, if known, all luggage, merchandise, or other property left in his taxicab. If the owner of such property is not known, the driver shall immediately turn over to the manager of the taxi terminal from which he operates all property whatsoever • left in his taxicab, giving a complete report of when and where it was left in his taxicab. All of said property shall be tagged for identification purposes, and if it is not called for by the owner within seven days, it shall be placed in storage by the taxicab owner, ,where it shall be held for at least ninety (90) days, after which, if not called for by its owner, it may be sold for storage charges according to existing State laws pertaining to public sales. SECTION 17: LIMITATIONS ON PERIUTS AND REVOCATION OF SAME. The City Council of the City of Baytown expressly reserves the right to modify, amend, alter, change or eliminate any of the provisions of any license to operate during the life of the same, for any of the following purposes, to-wit: (1) To eliminate or delete from the same any conditions as might prove . obsolete or impractical. or (2) To impose any additional conditions upon any owner, operator, or licenses as may be just and reasonable, and which are deemed necessary for the purpose of promoting adequate, efficient, safe, taxicab ser- vice to the public. -10- Notwithstanding anything that may be said in any other portion of this ordi- nance with reference to the termination hereof, every permit to operate granted hereunder shall be subject to the Constitution and all applicable laws of the State of Texas, all City Charter provisions, and all such future laws and amendments to the State Constitution and the Charter and ordinances of the City of Baytown. Fur- thermore, the governing body of the City of Baytown reserves the absolute right, upon notice and a public hearing which notice shall be given to the permit holder in writing not less than 10 days prior to such hearing, to suspend, revoke, termi- nate, or cancel any and all permits issued to or held by any such owner under the terms of this ordinance for the violation of any of any provision or provisions of this ordinance. .Every permit of convenience and necessity held under the provisions of this ® ordinance by the owner or operator of a taxicab may be cancelled, unless taxicabs are operated thereunder in accordance with the provisions of this ordinance on at least twenty (20) days out of each calendar month. SECTION 18: PERMIT FEE. Any person, firm or corporation operating any taxi- cab or taxi under a permit granted to it by the City of Baytown shall pay at the office of the Tax Assessor and Collector of the City of Baytown, Texas, in lawful money of the United States two (2%) per cent of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which said remittance shall be made monthly on or before the 15th day of each calendar month for the proceeding calendar month. The compensation provided for in this section shall be in lieu of any other fees or charges imposed by any • other ordinance now in effect and said charge is made in accordance with Article 6698 as amended and all amendments thereto, and said two (2%) per cent gross receipts permit fee is made in lieu of a street rental charge, but said charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property it owns. SECTION 19: REPORTS AND RECORDS. It shall be the duty of each permit holder to file with the City Manager of the City of Baytown, Texas, and a copy with the Tax Assessor and Collector of the City of Baytown, Texas, a sworn statement showing all receipts, which said verified statement shall be filed within fifteen (15) days following the end of each month. The permit holder herein shall be required to install and adequately keep a system of bookkeeping, to be inspected by the Auditor of the City of Baytown, Texas, which books shall be subject to approval by the City Council of the City of Baytown, so as to enable the City of Baytown to check the correctness of the accounts kept and in order to enable it to compute the amount of gross receipts tax that may be due to the City. -11- Any neglect, omission or refusal by said permit holder t.o file said verified • statement or to pay the said percentage of the said gross - receipts at the time and in the manner herein provided shall ipso facto work as a forfeiture of said permit and of all rights and provisions thereunder to the City of Baytown. SECTION 20: TAXI METERS. All holders of permits for taxicabs operating upon the streets in the City of Baytown shall within ninety (90) days from the effective date of this ordinance install and equip all taxicabs with a taxi meter, which said taxi meter shall be set upon the rates hereinabove established in this ordinance and said taxi meters shall be subject to inspection at any and all reasonable times by the City of Baytown, its servants or employees. All taxicabs now operating in the City of Baytown shall be permitted to operate upon the same rates they ncnv have filed with the City for the ninety (90) day period ® only that is granted to said permit holder to secure and install taxi meters in their taxicabs. After said-ninety (90) day period all taxicabs shall operate under the terms, rates and provisions of this ordinance only. SECTION 21: PASSENGERS TO PAY FARE. It shall be unlawful for any passenger to refuse to pay the legal fare due from him for the use of any taxicab mentioned in this ordinance after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired, and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. SECTION 22:: OPERATION THROUGH DIVISIONS. -In the performance of his duties and privileges under this grant, a holder of a permit to operate may provide for the conduct of his taxicab service by operating the same through divisions, or units, • under trade names, or through operating companies, provided each such mode of opera- tion shall first be approved by the City Council of the City of Baytown, by resolu- tion duly adopted; and provided no transfer, assignment or subletting of any right under his license shall ever be made without the express permission of the City Council. SECTION 22: PENALTY. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction shall be fined in any sum not to exceed two hundred (200.00) Dollars. Each day's violation shall constitute a separate offense. SECTION 24: SAVINGS CLAUSE. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be'd eclared or adjudged invalid or uncons- full force and effect just as though the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. -12- titutional, such adjudication shall in no means affect any other section, subsection, sentence, clause, or phrase of this ordinance, but all the rest thereof shall be in full force and effect just as though the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. -12- repealed. SECTION 26: EFFECTIVE DATE. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby di- rected to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 2nd day of October, 1950• ATTEST: Inez ndenhall, Acting City Clerk -13- 2J.A.' Ward, Mayor SECTION 25: CONFLICTS. All ordinances or parts of ordinances inconsistent or ® in conflict with the provisions of this ordinance shall be and the same are hereby repealed. SECTION 26: EFFECTIVE DATE. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby di- rected to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 2nd day of October, 1950• ATTEST: Inez ndenhall, Acting City Clerk -13- 2J.A.' Ward, Mayor