Mt. Pleasant Daily Times (Mount Pleasant, Tex.), Vol. 32, No. 171, Ed. 1 Friday, November 9, 1951 Page: 4 of 6
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Mt. Pleasant, Texas, Daily Times, Friday Evening, November 9, 1951
as hereinafter provided. If said
dition, the Chief of Police shall
til the same passes the inspection
an appeal from the finding and I complaint.
each inspestion shall be paid by
the said decision
herein, however, shall prevent
Health
date
shall be sixty (60) days after its
franchise be u
final passage, each of the grantees
chise is issued, providing, how-
the franchise and may be sub-
may be deemed consistent and
(h) In accepting the provisions
the grantee
to the public.
tee may file or shall discharge
sions
of said ten-day period.
26, of the Constitution of the paid the fees herein provided.
State, the applicable state laws.
the
to the Constitution and the Char-
Furthermore, the governing body ber of taxicabs set opposite the
of the City of Mt. Pleasant re- name of each of said grentees.
claims for damages on account
public liability insurance in an
the demands for public conven-
application
(6)
which
the
the day of the publication or the
as herein-
Chauffeur’s License,
which application is made.
specify. However, no franchise
t
Pleasant granting
V
■
l
11-9
A
/
I
A
limits of the -City of Mt. Pleas-
ant without having first obtained
from the Chief of Police of the
granted by the City Council to
any person for the operation of
any taxicab until it shall have
first obtained a franchise, have
first determined that the public
of
be
ing moral turpitude, and viole-
tion of the liquor laws of the
State of Texas or the Federal
Government, and shall not be
re-issued if the holder of the
tion, or causing a mechanic to in-
spect, any taxicab at any reason-
able time he sees fit, and he is
expressly given power to do so,
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
over any
corporate
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-
written notice by personal deliv-
ery or by mail to any such gran-
tee and demand that said grantee
furnish new assurance by the ex-
piration of the ten-day period
above provided for, and shall dis-
charge from such first insurer
from any liability which shall ac-
crue after the time of approval of
such new policy that said gran-
granted by the City Council to
any person for the operation of
any taxicab in the City of Mt.
Pleasant until such person shall
f) A grantee shall be permit-
ted to optrate under one or more
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-
visions of this ordinance on or
(d) After the City Council has
made its findings, it shall either
grant or refuse the franchise, ex-
ercising its discretion in the mat-
ter. If the franchise is granted,
it shall be for such period of time
respectively.
Section 4:
GENERAL
provided,
the City
suspended
re-
for ■
the basis of all taxicabs owned by
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
either sustain, modify or reverse
the decision of the City Manager
and shall forthwith certify its
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.
(g) In the event that any in-
surer may desire to be released
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
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-
and the grantee shall have no
further right in and to the fran-
chise herein given.
until another franchise is grant-
ed.
ied for the opera-
reh
vehicle is still in a defective con-
and upon finding such taxicab
to be in a defective condition, he
before the above mentioned date, i h3jnessfcutaveperiyd. thethirh
shall not be taken into account
in calculating the residence of
such person.
(c) It shall be unlawful for
any person to drive or operate
shall order its use as a taxicab
discontinued until the same has
been approved by him.
(c) Should the Chief of Police
find any taxicab in a defective
condition, and order its use a 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
within five(5) days from the date
of said finding and order, and
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
decision of the Chief of Police is
perfected as herein provided, the
said decision of the Chief of Po-
lice shall not be suspended but
shall continue in effect unless re-
versed or modified by the City
Council. Upon receiving such ap-
peal and notice thereof, the City
11 +Hi eu ana •
cancelled and be null and vid grantee shall.haye
right to operate taxicabs in the
City of Mt. Pleasant unless and
be issued to.any owner or oper-
ator of a taxicab hereinabove de-
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
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
of insurance specified shall not',
as to each and every vehicle, be
less than Five Thousand ($5,000.-
00) Dollars for injury or 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
ate.
(f) Should the City Manager
operated over the streets of the
City of Mt. Pleasant. Nothing,
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.
(i) Before the franchises men-
tioned herein shall be effective,
the grantees shall furnish to the
City of Mt. Pleasant at the office
of the City Secretary, the insur-
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 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
numbered and shall state the
time for which it is issued, the
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-
order the same to be not used un-
for such franchise with the City
Secretary. Upon the filing of such
application., the City Secretary
shall cause a written notice to be
■mailed to each of the grantees
and other franchise holders, if
any, ten (10) days prior to the
date of the hearing. The City
Secretary shall likewise publish
at the expense of the applicant
a notice of the filing of the ap-
plication and of the hearing to
be held thereon in one issue of
some daily newspaper published
in the City of Mt. Pleasant,
which publication shall be made
ten (10) days prior to the date
of the hearing and not counting
(h) Notwithstanding what may ber of each year, the grantees
be said in any other portion of shall not be required to pay any
this ordinance with reference to additional fees for the operation
the termination thereof, this right, of the said taxicabs for the re-
fer of the City of Mt. Pleasant, grantees named herein the num- i shall at once report to the City
" —------- " -------i- hi3- he "oih "-----u- xu- secretary and the Chief of Po-
lice on the removal of the taxi-
any taxicab upon or
7 Whether applicant has been
convicted of violation of the law
in the operation of motor vehicl-
es, and if so. full information
concerning same.
8. The delivery to the Chief of
of this ordinance, which I
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 Citv of Mt. Pleasant
shall have the right to appeal to
the City Council of the City of
Mt. Pleasant within ten (10) days
I 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
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
shall exhibit the same to any of-
the beginning date of operation parts ____________
to the next September 1st; how- passed by the City Council of the
ever, if grantee removes a taxi- City of Mt,. Pleasant granting
cab from operation upon which permits to operate taxicabs upon
the fee has been paid and placesI the streets of the City of Mt. nane J ne operavr or owner, i uce a paovucu ... .-p-p-
another in lieu therof, no addi- Pleasant and regulating such op- and shall state the make and the (e) hereof, the grantee shall have
tional fee shall be required for erations are hereby specifically I current license numiber 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
but the grantee shall make due come null and void effective six- and shall further state that the within five (5) days from the
report of the removal of the cab ty (60) days after the final pass-’owner or operator has deposited date of said notice of finding and
of death or injury to person or
property must be given to the in-
the provisions hereof;
(6) To inspect any and all
equipment used or proposed to be
used by grantees for the purpose
of exercising any right or priv-
ilege under such franchises;
(7) To make such other rules
and regulations as may be rea-
sonably necessary to facilitate
the services to be rendered to the
public under such franchises,
which rules, when approved by
the City Council, shall become
binding on the grantees herein.
(k) The grantees shall prompt-
ly pay all lawful ad valorem tax-
es. and such other levies and as-
sessments if any, that may be law-
fully imposed upon them. Failure
to pay any such charges or either
of them shall be deemed a breach
of the privilege granted herein
and the City. upon the happen-., uay J, ne vuunca 1 JI ne
ing of such event, may declare । hearing. The City Council shall
the rights of the grantees here-1 hold a public hearing on the ap-
under forfeited for such breach., plication at the time stated in
(1) No assignment or sub-let- ■ said notices and at such hearing'
ting of said franchises, or any of the grantees herein, and any I
them, shall ever be made by the ther person who may be interes-
Grantees, or either of them, with- , ted: shall have the right to ap-
c. . i L -cenconfnf.1 . 24
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).
ICharles 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
Cab Company” (2 taxicabs).
(b) The taxicabs operated or
maintained under said franchise
shall be used for the purpose of
transportation of passengers and
the personal luggage of such
passengers.
(c) All cars or vehicles used in
connection with this taxicab ser-
vice shall be operated in accord-
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
shal these franchises in any way
interfere with the improvement,
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 fully
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-
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
third cab. $75.00; and for all a-
bove three (3) cabs, $50.00 each.
On any taxicab put in use at
have first filed an
with the City of Mt. Pleasant an
insurance policy for the protec-
tion of the taxicab passengers
and of the general public for each
of said taxicabs, as provided for
in this ordinance, and it shall be
signed by the City Secretary and
। countersigned by the 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
appeal to the City Council for
reinstatement by a request in
writing for such relief directed
to the Mayor and the City Coun-
cil. The City Council shall give
the person so appealing a hearing
within fourteen (14) days after
receipt of such request and upon
such hearing, or recess thereof,
shall either sustain or reverse the
order of the Chief of Police. The
action of the City Council shall
be final. If no appeal is taken
within the time and bv the meth-
od here by provided, then the or*
der of suspension or revocation
by the Chief of Police shall be
final.
Any City Chauffeur’s License
shall be suspended when any in-
dictment, complaint and/or in-
formation has been filed against
the holder therof on any felony
charge, misdemeanor involv-
FRANCHISES IN
... _____________________________ . — — grantee, the trade name under
is granted subject to the provi-1 mainder of such fee year: pro- which the grantee shall operate, a x: - - xmam-
--- of Article 1, Section 17, and 1 vided the said grantee shall have the make, model and license such insurer after the expiration
" " 13-. number of the taxicabs operated of said ten-day period.
eral disease, or any disease or
disability which would seriously
impair his ability to drive and
operate a taxicab in a safe man-
ner upon the streets of the City
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
mummemmmmpememmemmmm
t names an in +1 owenhe mmtat --445 eaeno me rantees non ot any venicie, except tor
trade names and in the event the herein shall file with the City . the vehicle for which said fran
same person or persons own the > Serretayv in witine hie — ■ ______ , •______, _________>_____
! franchise and are operating un-1
until passed upon by the City 1 Officer of the City of Mt. Pleas-
Council. Upon receiving such ant showing that said applicant
is not afflicted with active ven-
expressly reserves the right to beire i aluve ----------------- consecutve aavs men me
modify, amend, alter, change or ] then all rights, privileges and ■ rAcisns held by such grantee
eliminate any of the provisions of , franchises herein granted to the shall be automatically terminat-
these franchises during the life I said person failing to accept thesan canceled and ttm said
the following, samensnal—b. Shaif"havenno"hurthei
(1) To impose such additional
conditions upon the grantees as
may be just and reasonable, such
conditions to be these as may be
card issued at the time of is-
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
yoked may within five (5) day
after the sending of such noti
judicious and
shall determine
Pleasant a City
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
License issued to the applicant, r ------- _ ____
(e) The Chief of Police shall same is convicted on said charges;
make, or cause to be made, such however, if the holder of such
investigation of the character of license is not convicted of such
the person, experience and ■ charges, the Chief of Police may
as re-issue the license, but his pow-
' l er to do so is entirely within his
discretion.
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
perfected as herein
from any insurance policy it may ' ..... .--------
give written notice of such de- ! qualifications of the applicant
may require new or additional
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 (32
days notice given a grantee and
the grantee, shall within five (o)
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 term in-
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
and defects.
certificate of the City
sire to the City Manager at least
ten (10) days before it desires its
liability released, and the City
Manager shall therupon give
' Police of said applicant of a
determine that any assurance
given has become impaired
and/or requires new or addition-
al insurance and has given no-
name of the operator or owner, tice as provided in Paragraph
n m 1 e L 11 ci ci. A— ---.1.. — - 1 4 L a / - \ L. — .-Ac 4 k A e.. e • 4 A ~ e k 11 h n XT e
ance without impleading the
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
St-, -ppHll -t l____, (p) The City Council hereby by grantee, and the colors to be
charter, provisions, and such fu- finds and declares that the pub- used, and in the event a report is
ture laws as mav be enacted by lie convenience and necessity I once made on a cab and the same
Tn the event this ordinance (h) In accepting
deemed necessary for the pur- becomes effective on a date other of this ordinance,
pose of insuring adequate service than the beginning of a fee year, ’ "
to the public. which is the first day of Septem-
Manager shall
drive or operate any taxicab
used in the business of carrying
passengers for hire upon the
streets of the Citv of Mt. Pleas-
ant must be a bona-fide citizen
of Titus County, Texas, above
requirement and said appeal shall
be perfected by a letter address-
ed by the addressee to the Mayor
and City Council of the City of
Mt. Pleasant, Texas, stating that I
whether or not the applicant is
a fit and proper person to drive
and operate a taxicab within the
corporate limits of the City of
Mt. Pleasant in a manner con-
sistent with the welfare of the
citizenry of the city of Mt.
Pleasant and of State law and
city ordinances. In the event the
application shall reveal that the
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
soever, then, and in that event,
written notice of any and all
and substitution of another as is age of this ordinance, and all
required elsewhere in this oxdin- rights and privileges of the gran-
ance. In the event any grantee . tees herein under said prior or-
ceases to do business or removes dinances shall cease, and the ac-
from operation one or more taxi- ' ceptance of the franchise herein
a -----. ---------------- cabs, the grantee shall not be en-I given to each of said grantees
of said mechanic. The cost of titled to any refund on the above shall operate as a surrender, can-
each inspestion shall be paid by fees. In the event of the sale of ■ cellation and release to the City
the owner. No taxicab found to|a franchise, the purchaser there- of Mt. Pleasant of all rights, priv-
be unsafe by said mechanic or of shall not be required to pay ileges, claims and demands which
by the Chief of Police shall be I new fees on taxicabs in opera- ! each of said grantees has under 1
tion at the time of the purchase | and by virtue of the provisions 1
and upon which the fees have of any prior ordinance.
a c,- . n u , - —been paid, until the beginning of (o) Ou or before the effective
said Chief of Police from inspec- the next fee year. ■ • -
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
„ _________ holder of such license to the ad-
5. The experience that 'he ap- dr hown on th identification
ience and necessity require such
proposed or such addition all
taxicab service within the City
of Mt. Pleasant; the financial
and moral responsibility and
character of the applicant; the
number, kind, type, and owner-
ship of equipment, and the color
scheme to be used by the ap-
plicant; the increased traffic
congestion of the streets of the
City of Mt. Pleasant which may
result and whether the safe use
of the public streets of tne City
by the public, both vehicular and
pedestrian, will be unduly en-
dangered by the granting of such
additional license; and such other
relevant facts as the City Coun-
cil of the City of Mt. Pleasant
may deem advisable or necessary
which may throw light on the
public necessity and convenience.
No franchise snail ever be
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,
and to the owner of such taxicab
for observance. If no appeal is
taken from 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
granted to each of the following
named persons who are doing
business under the firm name as
stated below, to operate taxicab
service for a period beginning
sixty (60) days after final pass-
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-
plicant has had in rendering
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
information concerning same;
City of Mt.
applicable regulations. He shall। convenience and necessity
likewise recommend to the gov- quire the taxicab service
tion of any vhicle, except for appeal, the Citv Council as
--ki‘- •— -lik -i3 »— I soon as practicable thereafter,
shall hear such appeal, and shall
street within
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 the age of 21 years, and must
suit for damages on account of | have resided within the County
injury to person or property oc- of Titus for at least six (6)
sasioned by the operation of anv months next preceding the date
such motor vehicle, such person, his license bears. provides that
firm, corporation, association, that any period during .
partnership, or society, within ten such person may have been out-
(10) days after the return of such side of the City because of service
execution unsatisfied, provided; in any branch of the Armed
that said judgment is still unpaid, I Services of the United States
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 is
secured or such judgment is fully
paid.
(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
public than when originally filed
- . --------- --------■ ----- —J 'or in the event said City Mana-
them, shall ever be made by tne ther person who may be intcres- ger shall determine that any as-
Grantees, or either of them. Wathzi ted: shall have the right to ap- surance given by any grantee ac-
out first receiving the consent of pear and support or oppose thetually affords less protection to
the City Council. I granting of the franchise applied the public than the minimum re-
(m) That any unwarranted and ■ for. After the hearing the City quirements of this ordinance, he
intentional neglect, failure or re- Council shall make its finding as ---------dditinnal
fusal of either of said grantees to | to whether the public convenien-
comply with, any of the conai- I ce and necessity require the
tions and stipulations contained granting of the franchise for
in said franchises of this ordin- which application is made,
ance shall thereupon immediate-
ly, ipso facto, effect a forfeiture
thereof, and the said City, by its
City Council, may thereupon de-
clare said fronchise forfeited, and
may exclude said grantee from
further use of the streets of said
of Police shall approve the same 1
titled to operate under his fran-
chise The number of taxicabs
likewise if applicant has a police
record with conviction of a mis-
demeanor, and full information
concerning same; and whether
applicant is under a criminal
, and upnn snch terms and rondi-
City under said franchise, andltions as the City Council may
said grantee shall thereupon and ----ie- E--------- _ •------•
_____________immediately surrender all rights
any time after September 1st of ■ 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
of ordinances heretofore
(a) It shall be unlawful for
any person to drive or to operate
or to cause to be driven or
operated any taxicab upon or
over any street in the City of
Mt. Pleasant unless such person
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
ORDINANCE
An ordinance granting fran-
chises to those individuals now
operating taxicabs in the City of
Mt. Pleasant for a period of 25
years beginning sixty (60) days
after final passage of this ordin-
ance; defining certain terms;
providing that the chief of police
shall be the inspector of taxicabs
and defining his duties, provid-
ing for the inspection of taxicabs;
providing that the public con-
venience and necessity shall re-
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-
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 I
Section 1. DEFINITIONS
(a) The term “citv or “said
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
tor 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~«nder 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 9 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.
(t) 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
businass 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 inspecition 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
requirement of the City Manager
is desired to the City Council
as a whole. If an appeal from
said decision of the City Manager
is desired to the end and is I
ficer or passenger asking to
examine the same, and upon his
refusal to do so, any license so
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
I 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 anv 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, and 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
fice affcting 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-
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 principles of the
public necessity and convenience;
(4) To inspect any and all
equipment used or proposed to
be used by grantees for the pur-
pose of exercising any right or
privilege under such franchises;
(5) To require examination
and recommend the licensing of
all drivers or operators of any
cab or vehicle operated or main-
tained by such grantees under
I 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 wighes
to hire a taxicab by the hour or
by the day, such person and the
driver or owner or 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 aacall
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
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
ordinance 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 th'
door in large and legible lett
the trade name under which
grantee may be operating,
taxicabs operating under '
ticular trade name shall b i
ed identical colors and t’ 4
ing, as well as the 8
thereon, shall be in du AV/
Failure on the pr V
grantee to comply 49
vision of the ord' •
grounds to revo’ •
of the owner. •
(b) It shall ’ F
driver of ar A
ceiving ful’ •
to refuse ‘ •
the requ A
making •
(c) A
‘.he r • A
r < A
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
cab and give the same informa-
tion with reference to the cab so
substituted.
Section 5: INSURANCE OR
DEPOSIT
(a) Before any franchise shall
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
------— ---------- . - — —----- - — । person of property from the op- ___________________________ _______
erning body reasonable rules anaiwhich application is being made, eration of such vehicle or vehic- or act or omission relating to
regulations which, when approv- ■ (c) In determining whether ' les; provided the maximum a- i any such motor vehicle, nor shall
ed by the City Council by appro-1 public convenience and necessity mount of recovery in such policy
priate measures, shall become require the granting of a fran-
binding upon the grantees herein. I chise for the operation of a taxi-
Without limiting the power of cab for which application may
authority, of the City Council, the ! be made, the City Council shall
Chief of Police shall perfarm the | take into consideration whether
following normal functions of of- f ’ • *
(h) And. provided further, in
the event that any policy be so
____________ ________ — ______________ ____ _________ emu ™ .__.u __________ cancelled upon the request of the
Legislature, or amendments require the taxicab service which is removed from service and an- surety or insurer, and no insur-
ie Constitution and the Char- is to be furnishsed by the 1 other substituted, the grantee [ ance policy is tiled by said gran-
• Cit- a- ------ "—*—----- i—min xi------ ■ •• ■ ----------- h- Cit tee before the cancellation of said
Secretary in writing his accept- c... . ___.... ____________ _____
tst-msamnusmgansc.nma i re
payment shall be computed on j privileges and demands of every
kind and character which each
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Mt. Pleasant Daily Times (Mount Pleasant, Tex.), Vol. 32, No. 171, Ed. 1 Friday, November 9, 1951, newspaper, November 9, 1951; Mount Pleasant, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1483669/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Mount Pleasant Public Library.