Ordinance No. 9,261ORDINANCE NO. 9261
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
102 "VEHICLES FOR HIRE" ARTICLE 11 "TAXICABS," DIVISION 2 "LICENSE,"
SECTION 102 -59 "INSURANCE," OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, AUTHORIZING SELF - INSURANCE AS ALLOWED BY LAW TO BE
SUFFICIENT FOR THE ISSUANCE OF A PERMIT; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1. That Chapter 102 "Vehicles for Hire" Article H "Taxicabs," Division 2 "License,"
Section 102 -59 "Insurance," of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 102 VEHICLES FOR HIRE
ARTICLE H TAXICABS
DIVISION 2 LICENSE
Sec. 102 -59. Insurance.
(a) Any applicant for a license required under this division shall, before the license can be issued,
procure, maintain and furnish proof of financial responsibility as required by law and as
prescribed in this section. The applicant shall keep in full force and effect during the entire
term of his license a policy of commercial automobile liability insurance, insuring the public
against any loss or damage that may result to any person or property from the operation of
such vehicle. Specifically, such coverage shall be no less than $20,000.00 for bodily injury to
or death of one person in any one accident and, subject to such limit for one person, in the
amount of $40,000.00 for bodily injury to or death to two or more persons in any one
accident and in the amount of $15,000.00 for injury to or destruction of property of others in
any one accident. Insurance coverage means an insurance policy or a certificate of insurance
covering all taxicabs of the insured, insured by a company licensed to do business in the state.
The insurance company shall be of sufficient assets, with an agent in the state upon whom
service of process may be made, and shall be approved by the city attorney. Every insurance
policy and certificate of insurance must contain a provision or an endorsement requiring that
the city clerk shall be given at least 30 days' written notice prior to the date of cancellation
before such policy may be cancelled by the insurer for any cause.
(b) In lieu of the insurance required in subsection (a) of this section, an applicant for a license
required under this division may provide proof that the applicant has qualified as a self -
insurer, as the term is defined in the Texas Motor Vehicle Safety Responsibility Act as now
in force or hereafter amended, and has all required limits as mandated by such act.
(c) If the city attorney determines that the commercial automobile liability insurance provided
for in subsection (a) of this section or the self - insurance allowed in subsection (b) of this
® section has become impaired and requires new and additional limits or coverage, the city
attorney shall require such additional limits or coverage in such company as he may feel is
required to insure a faithful performance by the operator of taxicabs and his agents, servants
® and employees, as well as a payment by such operator of taxicabs, his agents, servants and
employees or because of the violation by the operator of taxicabs, individually or through his
agents, servants or employees, of any city ordinance or any of the laws of the state or of the
United States.
(d) If the insurance coverage or limits required in subsections (a) or (b) of this section is
cancelled or reduced and no insurance policy or certificate is filed by the owner or taxicab
operator before the effective date of such cancellation or the reduction, the license to operate
taxicabs granted to such person shall be automatically revoked.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 6'' day of November, 2001.
ATTEST`
'J"' , " //
G�4Y WJSM1-rH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., i Attorney
c:klh2 80 \Counci1\ 0rdinances \Taxi In suranceRevisions
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'i� c. dX1'-4'
PETE C. ALFARO, Mayor