Mt. Pleasant Daily Times (Mount Pleasant, Tex.), Vol. 32, No. 156, Ed. 1 Friday, October 19, 1951 Page: 4 of 6
This newspaper is part of the collection entitled: Mount Pleasant Area Newspapers and was provided to The Portal to Texas History by the Mount Pleasant Public Library.
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Mt. Pleasant, Texas, Daily Times. Friday Evening. October 19. 1951
1
reinstatement by
a request in
of the taxicab
tion
passengers
the person so appealing a hearing
fees. In the event of the sale of
such hearing, or recess thereof.
new fees on taxicabs in opera-
provided,
a be final. If no appeal is taken
within the time and by the meth-
Any City Chauffeur’s License
discontinued until the same has
the franchise and may be sub-
involv-
Tn the event this
ordinance
~+. +Ko,
versed or modified by the City i
Council. Upon receiving such ap-1
State, the applicable state laws,
(p) The City Council hereby
charter, provisions, and such fu- finds and declares that the pub-
ture laws as may be enacted by
“said
lice on the removal of the taxi-
granted to each of the following
all
taxicab service within the City
financial
Pleasant
may deem advisable or necessary
Pleasant until such person shall
application
an
I
I
Secretary. Upon the filing of such
I
drive or operate
any person to
ten (10) days prior to the date
City
as herein-
Chauffeur’s License,
granting of the franchise for
tions as the City Council
may
specify. However,
no franchise
and defects.
plicant has had
numbered and
time for which it is issued.
the
another in lieu therof, no
tional fee shall be required for
owner or operator has deposited date of said notice of finding and
—•
I
character of the applicant; the
number, kind, type, and owner-
ship of equipment, and the color
scheme to be used by the ap-
shall be suspended when any in-
dictment. complaint and/or in-
formation has been filed against
the holder therof on any felony
ing moral turpitude, and viol»
tion of the liquor laws of the
State of Texas or the Federal
Government, and shall not be
I issued if the holder of the
same is convicted on said charge;
however, if the holder of such
license is not convicted of such
charges, the Chief of Police may
re-issue the license, but his pow-
er to do so is entirely within his
discretion.
der of suspension or revocation
by the Chief of Police shall be
purposes, to-wit:
(1) To impose such additional
granted by the City Council to
any person for the operation of
any taxicab in the City of Mt.
said appeal shall be perfected by
a letter addressed to the Mayor
and City Council of the City of
Mt. Pleasant, stating that an ap-
peal from the ruling and order
of the Chief of Police is desired
to be made to the City Council as
a whole. If an appeal from said
of the grantees may have against
the City of Mt. Pleasant; and in
the event any of the said grantees
shall fail to file his acceptance
in writing of the terms and pro-
suance of such license. Such or-
der of suspension or revocation
shall be effective as of the time
of sending such notice; provided,
however, the person whose li-
cense has been suspended or re-
voked may within five (5) days
after the sending of such notice,
been approved by him.
(c) Should the Chief of Police
find any taxicab in a defective
condition, and order its use as a
taxicab discontinued, the owner
of such taxicab shall have the
right to appeal to the City Coun-
cil of the City of Mt. Pleasant
the holder of the franchise; which
is to say that the grantee shall
pay at the same rate as if all
cabs were operating under the
same trade name.
(g) The City of Mt. Pleasant
expressly reserves the right to
modify, amend, alter, change or
stituted for one permanently re-
moved from service by registra-
tion of such substitution with the
Chief of Police and receipt of his
certificate of inspection as to the
vehicle so substituted.
(g) If any grantee ceases to do
F(
la
th
go
I'I
F
n
l,i
perfected as herein provided, the
said decision of the Chief of Po-
lice shall not be suspended but
shall continue in effect unless re-
... ---- —.......-.....- ---- -----; of any prior ordinance,
prevent been paid until the beginning of
ter. If the franchise is granted,
it shall be for such period of time
and upon such terms and condi-
I
li
5
the termination thereof, this right' of the said taxicabs for the re-
is granted subject to the provi-; mainder of such fee year; pro-
sions of Article I, Section 17, and : vided the said grantee shall have
26, of the Constitution of the paid the fees herein provided.
On any taxicab put in use at
time after September 1st of
on wen- +he onerater there. *
passengers.
(c) All cars or vehicles used in
connection with this taxicab ser-
vice shall be operated in accord-
concerning same. | order of the Chief of Police. The
8. The delivery to the Chief of < action of the City Council shall
with the City of Mt. Pleasant an
insurance policy for the protec-
tees, save and except ad valorem
taxes, grantees shall, during the
life of said franchise, pay to the
City of Mt Pleasant at the office
of the Tax Collector annually on
or before the first day of each
September, the following fees,
to-wit:
For the first cab, $125.00; for
the second cab, $75.00; for the
such service. and if married or
single, and how many children
in his immediate family and the
spcific address of his mother and
father and where born.
6. Whether applicant has been
convicted of a felony, and full
third cab, $75.00; and for all a-
bove three (3) cabs, $50.00 each.
date of the hearing. The City
Secretary shall likewise publish
at the expense of the applicant
ate
(f) Should the City Manager
of the hearing and not counting
the day of the publication or the
authority of the Citv Council, the
Chief of Police shall perfarm the
following normal functions of of-
fice affecting the grantees:
(1) To make reasonable orders
respecting character, extent, qual-
ity and standard of service;
(2) To recommend to be fixed
by the City Council such rates as
are not in conflict with the ex-
press provisions hereof and to
make reasonable orders respect-
of said taxicabs, as provided for
in this ordinance, and it shall be
signed by the City Secretary and
countersigned by th City Mana-
ger of the City of Mt. Pleasant,
Texas.
(f) No franchise issued under
the terms of this ordinance shall
•be transferred to any other per-
son except with the consent of
the City Council, nor shall such
franchise be used for the opera-
tion of any vehicle, except for
ORDINANCE
An ordinance granting fran-
chises to those individuals now
operating taxicabs in the City of
Mt Pleasant for a period of 25
said Chief of Police from inspec- the next fee year.
tion, or causing a mechanic to in-, f) A grantee shall be permit- |
spect, any taxicab at any reason- i ted to optrate under one or more
ance with the laws of the State
of Texas and ordinances of the
City of Mt. Pleasant, and such
future amendments thereof, or
either of them, relating to or re-
gulating the operation of motor
vehicles upon streets or high”
ways.
(d) The City of Mt. Pleasant, in
granting these franchises, fully
retains and reserves all the rights,
privileges and immunities that it
now has under the law to fully
patrol and police the streets, al-
leys, and public ways, within the
City, and the granting of these
franchises shall in no way inter-
fere with the right of the City of
Mt. Pleasant to fully use said
streets, alleys, and public ways
for any other public utility, nor
sha)l these franchises in any way
interfere with the improvement,
„ of Mt. Pleasant,
which publication shall be made
No franchise shall
transportation of passengers and
the personal luggage of such
shall ever be granted except after
fully complying with the provi-
sions of Article VIII of the Char-
ter of the City of Mt. Pleasant,
Texas.
(e) Each taxicab franchise is-
sued by the City Council shall be
hmmmmm
F
re
fi
st
in
o
at
cancelled and be null and void
and the grantee shall have no
further right in and to the fran-
acceptable insurance company
duly authorized to do business in
the State of Texas, and perform-
able in Titus County, Texas, in-
suring the public against any loss
or damage that may result to any
------ of property from the op-
ter of the City of Mt. Pleasant.
Furthermore, the governing body
of the City of Mt. Pleasant re-
serves the absolute right upon
notice and a hearing which said
note shall be given to the gran-
tees not less than five (5) days
before such hearing, to absolutely
terminate this grant for any vio-
lations of the terms and provi-
sions of this ordinance.
fined, the owner or operator
shall be required to file with the
City Council of the City of Mt.
Pleasant, and thereafter keep in
full force and effect a policy of
public liability insurance in an
l'(
i ■’
I'l
shall state the
+(
W
C<
Fo
t
tn
I..
ar
J’
!
(
so
>
herein, however, shall
age of this ordinance and ending
at the expiration of twenty-five
(25) years from such date, on the
streets, alleys and public ways
within the city limits of the City
of Mt. Pleasant, Texas, for trans-
porting passengers. Said persons
are herein referred to as “gran-
tees”. Each grantee shall be en-
titled to operate under his fran-
chise the number of taxicabs
specified below opposite his name
during the period of said fran-
chise: . .
A. J. Majors and Dean Red-
fearn, doing business under the
trade names of “Yellow Cab” (6
taxicabs) and “Safeway Cab” (5
taxicabs).
Charles Pope and Charlie Dil-
lard, doing business under the
trade name of “Friendly Service”
(2 taxicabs).
Marshall Dillard, Ralph Dil-
lard and Jasper Dillard, doing
business under the trade name
of “Day & Night Cab” (3 taxi-
cabs).
T. W. Miller, doing business
under the trade name of “Skyline
ever be
or maintenance, or any other
streets, alleys, and public ways,
and the rights of the grantees
herein to use said streets shall at
all times be subservient to the
right of the governing body of
the City of Mt. Pleasant to fullv
exercise its right's or control over
said streets, alleys, and public
ways.
(e) In lieu of all other com-
pensation and fees that may be
levied or assessed against gran-
of Mt. Pleasant; the
whether | les; provided the maximum a-
neneccit" mount of recovery in such policy
of insurance specified shall not,
as to each and every vehicle, be
less than Five Thousand ($5,000.-
00) Dollars for injury oi death
of one person and Ten Thousand
($10,000.00) Dollars for injury or
death of one person or more than
one person in any one accident:
and not less than Five Thousand
Dollars ($5,000.00) for the injury
or destruction of property in any
the City ' Police of said applicant of
of Mt Pleasant a City
eliminate any of the provisions of nancmses acen xranvu w me
these franchises during the life'said person failing to accept the
of the same, for the following same shall be, in all things,
proposed or such addition
responsibility and
applicant has been convicted of a
felony or a misdemeanor involv-
ing moral turpitude, or is under
indictment for a felony offense
or a misdemeanor offense involv-
ing moral turpitude, no license
shall issue; and further pro-
vided that if the application shall
reveal that the applicant has,
within two (2) years prior to
the making of the application.,
been convicted of an offense in
violation of the liquor laws of the
State of Texas or Federal Gov-
ernment, or at the time of the
presentation of the application is
under indictment or complaint
for such violation, no license
shall issue. If the Chief of Police
shall find that the applicant is a
fit person and properly qualified
to receive a City Chauffeur’s Li-
cense, he shall issue to the ap-
plicant such a license subject to
the terms and provisions herein
contained.
(f) If the Chief of Police has
made his decision and declared
same, either the applicant for said
license or any duly qualified citi-
zen of the City of Mt. Pleasant
shall have the right to appeal to
the City Council of the City of
Mt. Pleasant' within ten (10) days
which appeal shall be perfected
by delivering same in writing to
the City Council, stating that an
appeal from the decision of the
Chief of Police is desired The
City Council will then, within a
period of not more than fifteen
(15) days after receiving such
notice of appeal, grant a hearing
therof, and after the hearing of
said appeal, shall within a period
of five (5) days sustain or reverse
the decision of the officer herein
mentioned. If no appeal is taken
by the findings made by the of-
ficer herein mentioned, within
the time provided above, the de-
cision of said officer shall be fin-
al. otherwise the decision of the
City of Mt. Pleasant shall become
final.
(g) The Chauffeur’s License
shall, when issued, not be trans- '
ferable and same shall be for a 1
period of twelve (12) months and '
shall expire automatically twelve ■
(12) months after date of issu-
ance. ।
(h) Any person holding a City
Chauffeur’s License shall at all
times while operating a taxicab
carry the same with him and I
shall exhibit the same to any of- ’
ficer or passenger asking to
examine the same, and upon his '
refusal to do so. any license so I
one accident.
(b) The above described pubic
liability insurance shall be for
the protection of the passengers
of said vehicle and for the public
but shall not cover personal in-
juries sustained by the servants,
agents or employees of the per-
son so filing the same.
(c) All policies of Public Lia-
bility insurance shall contain a
provision for a continuing liabili-
ty thereon up to the full amount
thereof, not withstanding any re-
covery thereon.
(d) In the event of the return
unsatisfied of any execution is-
sued on any final judgment or
on any judgment from which an
appeal may be taken without
bond, rendered against any such
person, firm, corporation, part-
nership, or society in any
suit for damages on account of
injury to person or property oc-
sasioned by the operation of any
such motor vehicle, such person,
firm,’ corporation, association,
partnership, or society, within ten
(10) days after the return of such
execution unsatisfied, provided
that said judgment is still unpaid,
shall increase the amount of their
insurance, and failing to do so
shall forthwith automatically
cease the operation of motor ve-
hicles in the City of Mt. Pleasant
until such additional insurance i$
secured or such judgment is fully
lie convenience and necessity
of Mt. Pleasant; and showing
specifically the condition of the
hearing and eyesight of the ap-
plicant.
9. The number and date of is-
suance of the State Chauffeur’s
License issued to the applicant.
(e) The Chief of Police shall
make, or cause to be made, such
of Police shall approve the same land substitution of another as is I age of this ordinance and al)
as hereinafter provided If said required elsewhere in this ordin-1 rights and privileges of’thekran-
vehicle is still in a defective con- ance. In the event any grantee'ties herein under said prior or-
dition,..the.Chief of Police shall ceases to do business or removes dinances shall cease, and the ac- andofthe general publicforeach
order the same to be not used un- | from operation one or more taxi- ceptance of the franchise herein ' ' • ' • -
til the same passes the inspection cabs, the grantee shall not be en
of said mechanic. The cost of......
and moral
grantees named herein the num- shall at once report to the City
ber of taxicabs set opposite the | Secretary and the Chief of Po-
name of each of said grentees, 1 ’ " " " 1
--------------—-----। given to each of said grantees
titled to any refund on the above] shall operate as a surrender, can-
- - —---- --.collation and release to the City
a franchise, the purchaser there- | of Mt. Pleasant of all rights, priv-
of shall not be required to pay i ileges, claims and demands which
I new fees on taxicabs in opera-l each of said grantees has under
j and by virtue of the provisions
____ _ (i) Before the franchises men-
named persons who are doing i tioned herein shall be effective,
business under the firm name as the grantees shall furnish t'o the
stated below, to operate taxicab city of Mt. Pleasant at the office
service for a period beginning1 of the City Secretary, the insur-
sixty (60) days after final pass- l ance policies described in other
sections of this ordinance.
(j) It shall be the duty of the
Chief of Police of the City of Mt.
Pleasant to enforce the provisions
of this ordinance and all other
shall have first obtained a fran-
chise thereof from the City Coun-
cil which is in full force and ef-
fect.
(b) No franchise shall be
granted by the City Council to
any person for the operation of
any taxicab until it shall have
first obtained a franchise, have
crue after the time of approval of
such new policy that said gran-
tee may file or shall discharge
such insurer after the expiration
of said ten-day period.
(h) And, provided further, in
the event that any policy be so
cancelled upon the request of the
surety or insurer, and no insur-
ance policy is filed by said gran-
tee before the cancellation of said
original insurance, then the fran-
chise to operate taxicabs granted
to said grantee shall be auto-
matically revoked.
(i) And provided further, that
in the event any insurance policy
is cancelled for any reason what-
soever, then, and in that event,
written notice of any and all
claims for damages on account
of death or injury to person or
property must be given to the in-
surer and to the City Secretary
of the City of Mt. Pleasant with-
in ninety-one (91) days after the
date of such cancellation.
And provided, further, that
neither said City nor any officer
therof shall be held liable for the
pecuniary responsibility or sol-
vency of any insurer or in any
manner become liable for any
sum on account of any such claim
or act or omission relating to
any such motor vehicle, nor shall
the liability of the owner of any
such vehicle nor his insurer be
in any manner limited or chang-
ed in connection with this ordin-
ance or such franchise or assur-
ance. but the judgment creditors
having causes of action secured
thereby shall be authorized to sue
directly on such policy of insur-
ance without impleading the
(g) in the event that any in-. . . . _____— ________________
surer may desire to be released ! investigation of the character of
be issued to any owner or oper-
over any street in the City of ator of a taxicab hereinabove de-
Mt. Pleasant unless such person
from any insurance policy it may the person, experience and
give written notice of such de- : qualifications of the applicant as
sire to the City Manager at least ' may be deemed consistent and
ten (10) days before it desires its , judicious and shall determine
liability released, and the City ' whether or not the applicant is
Manager shall therupon give a fit and proper person to drive
written notice by personal deliv- i and operate a taxicab within the
ery or by mail to any such gran- corporate limits of the City of
tee and demand that said grantee Mt. PTesant in a manner con-
furnish new assurance by the ex-] sistent with the welfare of the
piration of the ten-dav period citizenry of the city of Mt.
above provided for, and shall dis- ; Pleasant and of State law and
charge from such first insurer i city ordinances. In the event the
from any liability which shall ac- 1 application shall reveal that the
conditions upon the grantees as -------- — —
'may be just and reasonable, such 'chise herein given.
3 • ■■ . .. cL: c , , ■ conditions to be these as may be;
decision of the Chief of Police is , deemed necessary for the pur- becomes effective on a date other
I pose of insuring adequate service i than the beginning of a fee year,
। to the public. which is the first day of Septem-
(h) Notwithstanding what may ber of each year, the grantees i
be said in any other portion of shall not be required to pay any
j this ordinance with reference to'j additional fees for the operation
after provided, which is in full
force and effect.
(d) To obtain a City Chauf-
feur’s License, each person shall
make a written, application there-
for, accompanied by $1.00 to the
Chief of Police for the City of
Mt. Pleasant, which said applica-
tion shall be made upon the form
provided therefor by the officer
mentioned and shall contain the
following information:
1. The full name, age and speci-
fic address of the applicant.
2. The full name of the person
or owner for whom the applicant
proposes to be employed.
3. The length of local residence
of the applicant in Titus County,
Texas and in the State of Texas
and if a citizen of the United
States.
4. A full personal description of
the applicant, including his age,
height, size, race, color of eyes,
complexion and color of hair,
body marks and facial marks
determine that any assurance
given has become impaired ।
and/or requires new or addition- j
1. i r-.....I” - --- -,. c Nr, mne un win n is issuea, me . al insurance and has given no-
5 ju- i the streels of the City of vi । name of the operator or owner, 1 tiee as provided in Paragraph
addi- Pleasant and regulating such oP- and shall state the make and the (e) hereof, the grantee shall have
- — erations are hereby specifically I current license number of each the right to appeal to the City of
the remainder of the fee year, repealed and the same shall be-, taxicab covered by the franchise, Mt. Pleasant to the City Council
and shall further state that the within five (5) days from the
in rendering
paid. . i-i-i
(e) In the event that the City
Manager of the City of Mt. Pleas-
ant shall at any time determine
that any assurance given by any
grantee has become impaired so
as to afford less protection to’ the
g public than when originally filed
any I or in the event said City Mana-
— I ger shall determine that any as-
' surance given by any grantee ac-
x ---------- ---- t first determined that the public
applicable regulations. He shall convenience and necessity re-
likewise recommend to the KOV: ; quire the taxicab service for person of property trom me op-
erning body reasonable rules and [ which application is being made, j eration of such vehicle or vehic-
regulations which, when approv-। (c) In determining Wieiel ' ...
ed by(the City Council by appro- | public convenience and necessity
priate measures, shall become require the granting of a fran-
binding upon the grantees herein. t chise for the operation of a taxi-
Without limiting .the power of cab for which application may
be made, the City Council shall
take into consideration whether
the demands for public conven-
ience and necessity require such
plicant; the increased traffic
congestion of the streets of the
City of Mt. Pleasant which may
result and whether the safe use
a , holder of such license to the ad-
5. The experience that the ap- d hnun n th ‘dontification
card issued at the Lime of is-
may require new
public liability insurance so as
to bring the protection of said as-
surance to its original amount, or
to the minimum requirements of
this ordinance as the case may
be. Such action may be taken
only after a hearing duly had by
the City Manager after three (3)
days notice given a grantee and
the grantee, shall within five (5)
days after receiving written no-
tice of such requirement, provide
the required new or additional
public liability insurance, failing
which the franchise of said gran-
tee shall automotically termin-
, within five(5) days from the date
of said finding and order, and
Section 8: FARES TO BE
CHARGED
The rate of fare to be charged
by each of the grantees for taxi-
cab service in the City of Mt.
Pleasant under the franchise here-
in granted shall hereafter be not
less and not more than the fol-
lowing:
For the first mile or fraction
thereof for one passenger 25c.
For all distances above one
mile (for each additional one-
fourth (%) mile) 5c.
If there be more than two pas-
sengers picked up at the same
place and going to the same
destination, the travel fare set
out above shall remain the same,
but there shall be an additional
charge of 5c for each person
above two; save and except this
additional charge shall not apply
to children under 12 years of age, ’
For each stop, other than picking
up or discharging a passenger, a
charge of 10c shall be made. If
a passenger requires a cab to
wait more than 5 minutes a
charge of 5c per -minute for all
minutes over five (5) shall be
made.
When there are passengers in a
taxicab going to different desti-
nations. the passenger leaving
first shall pay the rate from the
place where he was picked up to
the destination, and the next per-
son leaving the cab shall pay
the rate from where the previous
passenger was discharged to his
destination and so on for each
passenger. In the event a cab
already occupied by a passenger
picks up an additional passenger
or passengers and such addition-
al passenger leaves the cab be-
fore the initial passenger is dis-
charged, such additional pas-
senger shall be charged at the
rate of 25c regardless of the dis-
tance traveled, while the initial
passenger shall pay his full rate
from point of entry to point of
discharge.
In the event a person wishes
to hire a taxicab by the hour"or
by the day, such person and the
driver or owner of the cab shall
agree in advance on an hourly .
or daily rate.
It shall be unlawful for any
driver of a taxicab or owner
thereof to refuse to make a tall
or to refuse to pick, up a passenger
coming from any section of the
City because of excessive distan-
ce required to be traveled in rela-
tion to the amount charged of for
any other reason. It shall be un-
lawful for the driver of any taxi-
cab to charge more or charge
less than the fare set forth in
this ordinance. It shall be grounds
for revocation of the franchise
granted to the owner when such
owner charges more or less than
the rates herein provided, and
any driver of a taxicab other
than owner charging more or
less than the rates herein pro-
vided shall have his Chauffeurs
License revoked, and the same
shall not be reinstated for a
charge, misdemeanor
। sr “ ah ethitte
Fhanehises horelA .
information concerning same;
or to cause to be driven or
operated any taxicab upon or
period of one (1) year after
such revocation.
Section 9: TAXICAB SATIONS
Each grantee shall have a cab
station and when the taxicabs
are not being used in the actual
transportation of passengers,
they shall not be parked upon
the public streets and alleys
within the City of Mt. Pleasant
and the wilful violation of the
ondinance in this respect shall
be grounds to revoke the fran-
chise of the owner.
Because of the narrowness of
the streets in the City of Mt.
Pleasant, all drivers of taxicabs
shall not double park a taxicab
save except in loading or un-
loading passengers and in so
doing, shall remain so parked
only for such time as is reason-
ably necessary for the passengers
to load or unload.
Section 10: MISCELLANEOUS
PROVISIONS
(a) All taxicabs shall be paint-
ed a two-tone color and shall
have painted on each side of the
door in large and legible letters
the trade name under which the
grantee may be operating. All
taxicabs operating under a par-
ticular trade name shall be paint-
ed identical colors and the paint-
ing, as well as the lettering
thereon, shall be in durable paint. .
Failure on the part of any
grantee to comply with thishpro-
vision of the ordinance shall be
grounds to revoke the franchise
of the owner.
(b) It shall be unlawful for the
driver of any taxicab upon re-
ceiving full payment of a fare
to refuse to give a receipt updn
the request of any passenger
making said payment.
‘c) t* shn11 be unlawful for
the owner of or driver of any
taxicab to refuse to convey a
passenger at the rate specified,
or demand or receive an amount
in excess of, or less than, the
rates set by the terms of this
(See LEGAL NOTICE Page 6)
requirement and said appeal shall likewisc if applicant has a police appeal to the City Council for
be perfected by a letter address- | record with conviction of a mis- reinstatement by a request in
ed by the addressee to the Mayor demeanor, and full information writing for such relief directed
and City Council of the City of concerning same; and whether to the Mayor and the City Coun-
Mt. Pleasant, Texas, stating that applicant is under a criminal cil. The City Council shall give
an appeal from the finding and : complaint. 1. "__2____2 „
requirement of the City Manager 7. Whether applicant has been within fourteen (14) days after
S desired to the City Council convicted of violation of the law receipt of such request and upon
as a whole. If an appeal from in the operation of motor vehicl-
said decision of the City Manager es, and if so, full information shall either sustain or reverse the
is desired to the end and is 1 ........
perfected as herein
the provisions hereof;
(6) To inspect any and all
equipment used or proposed to be . .acan, unc suen peoun pnan
used by grantees for the purpose have first filed ’ an application
of exercising any right or P' 1 - for such franchise with the City
ilege under such franchises, Secretary. Upon the filing of such
(7) To make such other rules I application, the City Secretary
and regulations as may besre4, shall cause a written notice to be
sonably necessary to facmtate nailed to each of the grantees
the services to be rendered to the and other franchise holders, if
public under such francnses any, ten (10) days prior to the
which rules, when approved by • . - • • —
the City Council, shall become
binding on the grantees herein.
(k) The grantees shall promrt- a notice of the filing of the ap-
ly pay all lawful ad valorem ta - plication and of the hearing to
es. and such other levies ana as- be held thereon in one issue of
sessments if any, thatmay be la - some daily newspaper published
fully imposed upon them. Failure in. the City - — -
to pay any such charges or either ■ • •
of them shall be deemed a breach
of the privilege granted herein
and the City, upon the napren. me uay or tne puvncauon or tne
ing of such event, may declare । hearing. The City Council shall
the rights of the grantees her - | hold a public hearing on the ap-
under forfeited for such breach, plication at the time stated in
(1) No assignment or ‘ j said notices and at such hearing
ting of said franchises, or ^nv the grantees. herein, and any
them, shall ever be made DYatne ether person who may be interes-
Grantees, or either of the • ‘ ted; shall have the right to ap- i surance given Dy any grane ay-
out first receiving the consenl । pear and support or oppose the 1 tually affords less protection to
the City Council. | granting of the franchise applied lthe public than the minimum re-
(m) That any unwarranted and | for. After the hearing the City quirements of this ordinance, he
intentional neglect, failure. r Council shall make its finding as may require new or additional
fusal of either of said grantees to I to whether the public convenien- '
comply with any of tne. nmice and necessity require the
tions and stirulations,containea gianiing or ine franchise for
in said franchises of this oidi which application is made.
ance shall thereupon immediat, (d) After the City Council has
ly. ipso facto., effest asforevutsjmade its findings, it shall either
thereof, and the said v. • । grant or refuse the franchise, ex-
City Council, may thereupon I - ercising its discretion in the mat-
clare said fronchise forfeited, and' --
may exclude said grantee from
further use of the streets of said
City under said franchise, and
said grantee shall thereupon and
immediately surrender all rights
any time after September 1st oi in and to the same and said
any fee year, the operator there- franchise shall become null and
of shall pay the proportionate void and of no effect.
part of the fees due thereon from (n) All previous ordinances or
the beginning date of operation ' parts of ordinances heretofore
to the next September 1st; how- passed by the City Council of the
ever, if grantee removes a taxi- ’ Cty of Mt. Pleasant granting
cab from operation upon which permits to operate taxicabs upon
the fee has been paid and placer the -• i- - fit- n
City of Mt. Pleasant; and all per-
sons known to any insurer to have
been injured or damaged in the
same accident and claiming dam-
aged thereunder may be parties
without priority of claim on pay-
ment in any suit had or institut-
ed on account of such matters.
Section 6: OPERATOR OF TAXI-
CABS AND CHAUFFER’S LI-
CENSES
(a) No taxicab for which a
franchise shall have been granted
shall be operated by anyone ex-
cept the grantee, or his assigns,
thereof, or any employee of the
grantee.
(b) Every person who may
drive or operate any taxicab
used in the business of carrying
passengers for hire upon the
streets of the City of Mt. Pleas-
ant must be a bona-fide citizen
of Titus County, Texas, above
the age of 21 years, and must
have resided within the County
of Titus for at least six (6)
months next preceding the date
his license bears, provides that
that any period during which
such person may have been out-
side of the City because of service
in any branch of the Armed
Services of the United States
shall not be taken into account
in calculating the residence of
such person.
(c) It shall be unlawful for
। (o) On or before the effective
I date of this ordinance, which
j shall be sixty (60) days after its
v, .. • . . . final passage, each of the grantees
able time he sees-fit, and he is trade names and in the event the heroin shall file with . Fitl. .. u- , - c u- u , c
expressly given power to do so,1 same person oi persons own the 1 Secretary in writing his accent- I the vehicle for which said fran-
and upon finding such taxicab i franchise and are operating un-Snc of the terms and isascept-chise is issued, providing, how-
to be in a defective condition, he 1 der more than one trade name, n^dinXe ever, a yehicle not covered by
shall order its use as a taxicab in making payment of the annual Dhih S.cErantnca shall linancerithe franchise may be substituted
.......... ■ feeg hereinabove nrovhled thelwmien acceptance shall operate for one permanently removed by
tees neremnanove provtded,, tn. as a release of all clatms, rights, L *----L -- ■ ------ 1
Payment shall be computedI on > privileges and demands of every
the basis of all taxicabs owned by kind and character which each
years beginning sixty (60) days
after final passage of this ordin-
ance; defining certain terms; each inspestion shall be paid by
proxiding that the chief of police | the owner. No taxicab found to
shall be the inspector of taxicabs I be unsafe by said mechanic or
ana defining his duties, provid-1 by the Chief of Police shall be..w ____ J .aao ... opa-,
ing for the inspection of taxicabs; I operated over the streets of the tion at the time of the purchase
providing that the public con-! City of Mt. Pleasant. Nothing, and upon which the fees have
venience and necessity shall re- • “
respectively.
Section 4: FRANCHISES IN
GENERAL
(a) It shall be unlawful for
any person to drive or to operate
any taxicab upon or over any
street within the corporate
limits of the City of Mt. Pleas-
ant without having first obtained
from the Chief of Police of the
cab and give the same informa-
tion with reference to the cab so
substituted.
Section 5: INSURANCE OR
DEPOSIT
(a) Before any franchise shall
the said decision of ____________ ______ __ ___________ _ ___ .______ ____
Manager shall be suspended certificate of the City Health within the time and by the meth-
until passed upon by the City I Officer of the City of Mt. Pleas- od here by provided, then the or
Council. Upon receiving such j ant showing that said applicant
appeal, the City Council as is not afflicted with active ven-
soon as practicable thereafter, ' eral disease, or any disease or final,
shall hear such appeal, and shall disability which would seriously1 A-
either sustain, modify or reverse , impair his ability to drive and
the decision of the Citv Manager operate a taxicab in. a safe man-
and shall forthwith certify its ner upon the streets of the City
decision to the City Manager and - --
to the grantee for observance. If
no appeal is taken from said de-
cision and the requirements of
the City Manager in the time
provided, the said decision and
requirement of the Citv Manager
shall be final.
Cab Company” (2 taxicabs). public necessity and convenience;
(b) The taxicabs operated or j (4) To inspect any and all
maintained under said franchise equipment used or 1 ‘ uangecucy ulegiazczgosucn
shall be used for the purpose of be used by grantees for the pur- additional license; and such other
pose of exercising any right or relevant facts as the City Coun-
privilege under such franchises, cil of the City of Mt. —
(5) To require examination - ■ - ■
and recommend the licensing of: which may throw light on the
all drivers or operators of any public necessity and convenience,
cab or vehicle operated or main-
tained by such grantees under
me remamaer 01 ine tee year, repeased and tne same snail oe-1
but the grantee shall make due come null and void effective six-
report of the removal of the cab ty (60) days after the final pass- ’
the Legislature, or amendments require the taxicab service which
to the Constitution and the Char- is to be furnishsed by the
quire any proposed taxicab ser-
vice for which a franchise is
sought and providing for a hear-
ing thereon and procedure; pre-
scribing the contest of a fran-
chise and making it non-transfer-
able without the consent of the
City Council of the City of Mt.
Pleasant, Texas, providing for
liability insurance to be provid-
ed on each taxicab operated; pro-
viding for the payment to the
City of Mt. Pleasant of certain
fees by the grantees of said fran-
chises; providing for the issuance
of chauffeur’s licenses and pre-
scribing prodedure therefor and
for renewals, revocations and
suspensions; establishing fares to
be charged for taxicab service;
providing for the termination and
cancellation of franchises for vio-
lations of the ordinance; provid-
ing certain miscellaneous provi-
sions; providing a penalty and
method of prosecuting individu-
als and others violating this or-
dinance; enacting necessary pro-
visions incident to the objects
and purposes of the ordinance
whether mentioned in detail in
caption or not; repealing all prior
ordinances granting taxicab per-
mits and regulating same; con-
taining a saving clause: and pro-
viding that this ordinance shall
take effect sixty (60) days after
its final passage.
Be it ordered by the City Coun-
cil of the City of Mt. Pleasant,
Texas:
Section 1: DEFINITIONS
ed and cancelled and the said
grantee shall have no further
right to operate taxicabs in the
City of Mt. Pleasant unless and
until another franchise is grant-
ed.
(h) In accepting the provisions
of this ordinance, the grantee
shall file with the City Secretary
and the Chief of Police a state-
ment in writing, signed by the
said grantee, giving the name
and permanent address of the
grantee, the trade name under
which the grantee shall operate,
the make,- model and license
number of the taxicabs operated
by grantee, and the colors to be
used, and in the event a report is
once made on a cab and the same
is removed from service and an-
other substituted, the grantee
City” as used in this ordinance
shall mean the City of Mt. Pleas-
ant, Texas. The term “Council"
shall mean the City Council of
the City of Mt. Pleasant. Texas.
(b) The term “street” or
“streets” as used in this ordin-
ance 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 Mt. Pleasant.
(c)The term “taxicab” as used
in this ordinance shall mean eve-
ry car or motor-propelled vehi-
cle used for the transportation
of passengers for hire over the
public streets of the City of
Mt. Pleasant and not over a
defined or fixed route, and ir-
respective of whether or not the
operations extend beyond the
City Limits of said City, at rates
for distance traveled, or for wait-
time. or for both, or at rates per
hour, per day, per week, or per
month, and such vehicle is rout-
ed under the direction of such
passenger or passengers or such
person or persons hiring the
same.
(d)The term “person” shall
include both singular and plu-
ral, and shall mean and embrace
any . individual, firm, corpora-
tion," association, partnership or
society and where criminal pro-
secution may lie the officers of
any corporation shall jointly
and severally be subject to pro-
secution as being included with-
in the term “person”.
(e) The term “owner” when
used in this ordinance shall mean
any person or firm, corporation,
partnership or society who has
the control, direction, mainte-
nance or the benefit of the col-
lection of revenue derived from
the operation of taxicabs on or
over the streets or public ways
of the City of Mt. Pleasant whe-
ther as owner or otherwise, ex-
cept “driver” as hereinafter de-
fined.
(f) The term “driver” or
“chaffeur" as used in this ordi-
nance shall be held to include
every person in actual charge of
the operation of a taxicab, as
herein defined, whether as owner,
or as agent, servant or employee
of the “owner” as herein defin-
ed.
(g) Said taxicabs shall be un-
der the supervision of the Chief
of Police of the City of Mt. Plea-
sant.
Section 2: DUTIES OF CHIEF
OF POLICE
(a) It shall be the duty of said
Chief of Police, in addition to his
other duties, from time to time
to inspect the operations of taxi-
cabs within the incorporated lim
its of the City of Mt. Pleasant,
and to perform such other duties
as may be required of him in
connection with said taxicab
business by this ordinance, the
City Manager, or the City Coun-
cil.
(b) It shall be the duty of the
Chief of Police to cause a quali-
fied mechanic to inspect every
operated taxicab which is or may
be operating under the provisions
of this ordinance at least once
every three months for the pur-
pose of determining whether said
vehicle is in a safe condition to
be operated as a taxicab; and the
owner of each such vehicle shall
submit said vehicle to said me-
chanic for inspection at the time
and place specified by said Chief
of Police and if the mechanic
finds it to be in a safe condition,
he shall issue a certificate to that
effect. No taxicab shall be oper-
ated in the City of Mt. Pleasant
without such certificate of the
Chief of Police. If said mechanic
finds that said taxicab is in a
defective condition, and is un-
safe to be used as a taxicab, he
Shall so certify to said Chief of
Police, and the Chief of Police
shall order said vehicle not to be
used as a taxicab until said de-
fect or defects so discovered shall
be remedied. After the owner of
said vehicle has remedied said
defect or defects, he shall again
offer the same for inspection, and
if said mechanic shall find said
vehicle to be safe for public use
he shall so certify and the Chief
held by said operator shall be
cancelled and no other license
shall be issued to said operator
until after a period of one (1)
year from the date of cancella-
tion.
(i) Any person driving a taxi-
cab as herein defined, and prior
to the passage and approval of
this ordinance, shall have thirty
(30) days from and after its pas-
sage and approval within which
to make application for a Chauf-
feur’s License herein provided,
and no fines or other penalties
shall be assessed against such
person during such period for
violation of any provisions herein
contained, with reference to ob-
taining a Chauffeur’s License.
Section 7: REVOCATION AND
SUSPENSION OF CHAUF-
FEUR’S LICENSES
Any City Chauffeur’s License
may be either suspended or re-
voked by the Chief of Police for
a violation of any ordinance of
the City of Mt. Pleasant or any
traffic law of the State of Texas
by the holder of said license, and
said license may also be revoked
or suspended if the holder of said
license may also be negligent or
careless in the operation of a mo-
tor vehicle in the opinion of the
Chief of Police, regardless of
whether the holder of the license
has been charged or convicted in
court for said careless or negli-
gent operation of said motor ve-
hicle, an,i license may be revoked
by said Chief of Police if the
license has given false informa-
tion in his application for a li-
cense. Every suspension or revo-
cation of said license shall be in
writing and state the reason for
such suspension or revocation
and be dated. A notice in writing
shall immediately be sent to the
peal and notice thereof, the City
Council, as soon as practicable
thereafter, shall hear such ap-
peal, and shall either sustain,
modify or forthwith reverse the
decision to the Chief of Police,
ann to the owner of such taxicab
for observance. If no appeal is
taken fiom the said decision of
the Chief of Police, in the time
as provided herein, the said de-
cision of the Chief of Police shall
be final.
(d) The Chief of Police may
suspend or revoke City chauf-
feur’s licenses as hereinafter pro-
vided.
Section 3 FRANCHISE
(a) A Franchise is hereby
(a) The term, "citv
ing the same;
(3) To recommend to the City
Council the number of cabs to be
operated by each grantee, apply-
ing there to the princirles_nf_the of the public streets of the City
.. ] by the public, both vehicular and
any and an । pedestrian, will be unduly en-
proposed 1 1 dangered by the granting of such
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Mt. Pleasant Daily Times (Mount Pleasant, Tex.), Vol. 32, No. 156, Ed. 1 Friday, October 19, 1951, newspaper, October 19, 1951; Mount Pleasant, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1483645/m1/4/?q=%22%22~1: accessed July 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Mount Pleasant Public Library.