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HomeMy WebLinkAboutORD 35-JORDINANCE PASSED BY THE CITY COMkSSION OF THE .CITY OF BEAUMONT, TEXAS, ON THE 11TH DAY OF SEPTEMBER, A. D., 1928, SAID ORDINANCE SO PASSED AND ENACTED UPON THAT DATE BEING KNOWN AND DESIG- NATED AS "AN ORDINANCE DEFINING HACKS AND CARRIA- GES, PROVIDING THAT IT a1ALL BE NECESSARY TO PRO- CURE A SPECIAL PERMIT FOR ,TJIIE OPERATION OF SAME .9 AND THE PROVISIONS UNDER WHICH A PERMIT MAY BE ISSUED, REGULATING THE OPERATION THEREOF IN THE CITY LIMITS OF THE CITY OF BEAUMONT, PROHIBITING THEIR OPERATION UNDER VARIOUS CONDITIONS, DECLAR- ING THE UNRESTRICTED OPERATION OF SAID HACKS AND CARRIAGES TO BE A NUISANCE AND UNLAWFUL, REPEAL- ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT HEREWITH IN SO FAR AS IN CONFLICT AND NO FURTHER AND PROVIDING A PENALTY FOR THE UNLAWFUL OPERATION THEREOF1. AND IN SO AMENDING SAID SEC- TIONS 2, 3, AND 4, PROVIDING SPECIFICALLY FOR THE SECURING OFCERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND LICENSES, AND THE PROCEDURE IIT SE- CURING EACH AND BOTH FOR THE OPERATION OF HACKS AND CARRIAGES IN THE CITY OF BEAUMONT, TEXAS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT; TEXAS: Section 1. That Section 2 of an Ordinance passed by .the City Corrmlission of the City of Beaumont, Texas, on the lith day of Sept., A. D. 1928, said ordinance so passed and enacted upon that date be- ing known and designated as "An Ordinance defining hacks and carriages, providing that it shall be necessary to procure a special permit for thecperation of same, and the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the City of Beaumont, prohibiting their operation under various conditions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordinance's and parts of ordi- -nances in conflict herewith in so far as in conflict and no further, and providing a penalty for the unlawful operation thereof", be and the same is hereby amended so that said "Section 211 hereafter reads as follows: "Section 2. (a) Certificate of Public Convenience and Necessity: No hack or carriage shall hereafter operate within the corporate limits of the City sof Beaumont, Texas, without -.first having obtain- ed from the City Commission of the City of Beau- wont, Texas, under the provisions of this #2• Ordinance, a certificate declaring that the public convenience and necessity requiring such operation exists, and without having a license as herein provided. (b) Application for a certificate of pub- lic convenience and necessity for the operation of hacks and carriages within the City of Beau- mont, Texas, shall be made to the City Commission, shall set forth the name and address of the appli- cant, the trade name under which the applicant does or proposes to do business, the number of vehicles the applicant desires to operate, the class, seating capacity, design, and color scheme of each vehicle, and the lettering and marks to be used thereon, the ownership of said vehicle and all interest therein, and whether the applicant has been convicted of the violation of any laws of the State of Texas, or of the City of Beaumont, Texas; and said application shall further set forth the financial ability and responsibility of the applicant and its organization and personnel and any other information which may be required by the City Commission of the City of Beaimiont, Texas. When an application is so filed for a certificate of public convenience and necessity, notice of same shall be given and published by the applicant, at his, their or its own expense, in some newspaper published in the City of Beaumont, Texas, once each week for two weeks prior to the date on which the application is heard; said publication shall fully set out the application itself and the information contained therein and shall further state the date, time and place of the hearing on such application; and no application shall be heard until said publi- cations, as_ required,._have-been made. (c) The City Commission (f the City of Beaumont shall make, or cause to be made, investigation, in- cluding any hearing which is deemed advisable, as to any application for such certificate of public conven- ience and necessity for hacks and carriages and shall determine whether or not the public convenience and necessity requires the operation of such vehicle or vehicles, and whether or not the applicant is fit to conduct such business and intends to bona fidely operate such business, and whether or not the appli- cant owns the vehicles so designated in such applica- tion, and the said Corunission may investigate the fit- ness of officers and stockholders of any corporation making such application; and in determining whether or not a certificate should be issued the said Commission shall give weight and due regard to, among other things; 1. Probable permanence and quality of the service offered by the applicant; 2. The financial ability and responsibility of the applicant and its organization and personnel; 3. The character of vehicles and the character and location of depots and termini proposed to be used; #3. 4. The experience of the applicant in the transportation of passengers for hire in automo- biles; and, 5. The adequacy of hack service and other forms of transportation for passengers and carri- age service already existing in said City; but the specification of such things that the City Commission shall or may consider shall not exclude the City Commission from considering other matters with reference to said applications that it shall deem pertinent in its deliberation and determina- r tion of whether or not the public convenience and necessity exists for the operation of said vehicle or vehicles, or hacks, or carriages." Section II. That Section 3 of an Ordinance passed by the City Commission Of the City of Beaumont, Texas, on the 11th day of September, A. D. 1928, said ordinance so passed and enacted upon that date being known and designated as 1°An Ordinance defining hacks and carriages, providirg that it shall be necessary to procure a special permit for the opera- tion of same, and the provisions under which a permit may be issued, regulating the operation thereof in the City limits of the City of Beaumont, prohibiting their operation under various conditions, declar- ing the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordinances and parts of ordinances in conflict herewith in so far as in conflict and no further and provid- ing a penalty for the unlawful operation thereof".. be and the same is hereby amended so that said Section 3 hereafter reads as follows: "Section 3. ( a) Issuance or refusal of Certificates: The City Commission shall have the authority to either grant an application for which an appli- cation is made, or to grant a certificate to the applicant for a lesser number of vehicles than specified in said application, provided the City Commission first finds that public convenience and necessity demand the granting of said certificate; if the City Commission finds that public convenience and necessity do not require the operation of any such hack or hacks, or carriages, as is specified in the application, or that the applicant is not fit to conduct such business, it shall forthwith refuse such application and no certificate of convenience and necessity shall be issued to such applicant. The burden shall be upon the applicant to establish the existence of a public convenience and necessity for the operation of the hacks or carriages designated in PUDL1.0 CollvCII U"UU ':;4Lc� operation of such hacks or carriages or a part thereof, and shall further determine that the applicant is fit to conduct such business, and the applicant shall within thirty (30) days thereafter furnish to the City Commission, or to such person as it may designate, information as to the particular vehicle for which certifi- cate was granted, such information to include the make, state license number, the length of time the vehicle has been in use, the motor power thereof, the names and addresses of the person or persons from whom the vehicle or vehicles were purchased, or any other informa- tion required by the Commission. If the said City Commission finds that the applicant is the owner of such vehicle or vehicles, and the same are fit and safe for the transportation of passengers, or property as the case may be, and conform to the requirements as the City Commiss- ion may make under authority of this Ordinance, it shall issue or cause to be issued to the applicant the certificate of convenience and necessity herein provided for. (c) Said certificate shall not be trans- ferable without the consent and approval of the City Commission had after application, published notice, and hearing as provided upon the original application, but the person to whom the certifi- cate is issued, may, by proper endorsement made thereon, under the direction of the City Commiss- ion omiss- ionsubstitute another vehicle or vehicles in the ` place of that for which the certificate was granted; 4; provided further that should the City Commission find that public convenience and necessity at any time require additional hack or carriage service, preference may be given to the persons or companies operating then existing service, should they be willing to furnish it. (d) Upon presentation of said certificate of convenience and necessity, if granted, within thirty days from the date same bears, and the fur- ther presentation by the holder of satisfactory evidence that all license fees have been paid in the City of Beaumont, Texas, the City Clerk of the City of Beaumont, Texas, shall issue to the applicant a license for each and every vehicle specified in said certificate; provided, however, that no license or renewal thereof for any vehicle shall be issued by the City Clerk unless and until the holder of said certificate shall present satisfactory evidence to the City Clerk that all taxes theretofore levied and assessed against said vehicle by the City of Beaumont. -if due, have been fully paid, and that said vehicle has been rendered for taxation to the City Assessor and Collector of taxes for the current year for which said license is sought. Any certifi- cate issued hereunder shall be effective until. canceled, and no additional certificate or certifi- cates of public convenience and necessity shall be required for the purpose of obtaining a license or the renewal of a license so long as the original certificate remains in effect ; provided, however, that such owner and operator of a public hack or lit1ZAj.IUlil U_L allu. UyPU v.L vpei-UU.LUn. as evlCLencea by such application. and as specified in such certificate and license. (e) The license herein provided for the hacks and carriages, when originally issued shall be in force and effect for the remainder of that calendar year, and said licenses shall be renewed by the holder of the certificate of public convenience and necessity, if he desires to continue to operate under same upon the first day of January of each succeeding year, by apply- ing to the City Clerk of the City of Beaumont, Texas, in the form and manner as provided for the original issuance: of the licenses under such certificate, (f) No license for the operation of a hack or carriage shall be issued, nor shall any hack or carriage be operated within the City of Beaumont, Texas, until the City Commission has issued a certificate of public convenience and necessity which requires the operation thereof; however, no parts of Section -2 and -Section 3_ and Section 4 of the hack and carriage ordinance as passed by the City of Beaumont on September 11th, 1928, and as here amended shall apply or be construed to &ffect specially chartered buses, sightseeing buses, driverless cars, or motor budes owned and operated by any street railway company under authority of the General Laws of the State of Texas. (g) No certificate of public convenience and necessity, as described in this Ordinance, shall be necessary for the licensing of the same number of hacks and/or carriages licensed for operation and operated by an applicant under the same name on the first day of June, A. D. 1932, or for the renewal of licenses for the same number of hacks or carri- ages for such applicant annually thereafter; how- ever, the persons, firms, and corporations now operating licensed hacks or carriages in the City of Beaumont shall comply and be governed by all other provisions of this Ordinance. (h) The provisions of this ordinance shall apply to, all applications for permits to operate hacks and carriages now pending before the City Commission of the City of Beaumont, as well as to all. applications to be made hereafter." Section III. That Section 4 of an Ordinance passed by the City Co=iss- ion of the City of Beaumont, Texas, on the 11th2 day of September, A. D. 1928, said ordinance so passed and enacted upon that date being known and designated as "An Ordinance defining hacks and carriages, providing that it shall be necess ary to procure a special permit for the operation of same, and -the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the tions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordinances and parts of ordinances in conflict herewith in so far as in con- flict and no further and providing a penalty for the unlawful operation thereof", be and the same is hereby amended so that Section 4 hereafter reads as follows: "Section 4. (a) The Chief of Police shall keep a record in which he shall enter 'the nares of all owners of hacks and carriages for which a permit or license to operate has been issued, together with the num- ber and date of said permit or licnese and shall furnish the owner thereof with a City license num- ber for each vehicle operating under the terms and provisions of this ordinance. (b) The City Commission of the City of Beau- mont, Texas, may, for good cause, cancel the certi- ficate of convenience and necessity of any holder thereof, or may,,for good cause, cancel the license or licenses issued to one or more hacks or carria es under a certificate of convenience and necessity. Section IV. ' There being a public emergency requiring that this Ordinance be passed finally on the date of its introduction, in view of the constantly increasing number of automobiles and other uehicles upon the streets of the City of Beaumont, Texas, thereby causing a dangerous condition and endangering public peace, property, health and the safety of the citizens of the City of Beaumont, Texas, and such emergency necessitates the suspension of the rule requiring ordinances to be read on three separate days before the final passage; WI-EREFORE, such rule is hereby suspended and this Ordinance shall be in force and effect innediately from and after its passage. PASSED this the �-� day of June, A. D. 1932, -71 MAYOR ATTEST: Commissioners City Clerk AMENDING SECTIONS THREE (3) AND FOUR (4) OF AN ORDINANCE PASSED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS, ON THE 11TH DAY OF SEPTEMBER, A. D. 1928, AS AMENDED BY AN ORDINANCE PASSED ON THE 17TH DAY OF JUNE, A. D. 1932, SAID ORDINANCE SO PASSED AND ENACTED UPON THE 11TH DAY OF SEPTEEBER, 1928, BEING KNOWN AND DESIGNATED AS 'TAN ORDINANCE DEFINING HACKS AND CARRIAGES; PROVIDING THAT IT SHALL BE NECESSARY TO PROCURE A SPECIAL PERMIT FOR THE OPERATION OF SANE AND THE -,PROVISIONS UNDER WHICH A PERMIT MAY BE ISSUED, REGULATING THE OPERATION THEREOF IN THE CITY LIMITS OF THE CITY OF BEAUMONT, PROHIBITING THEIR OPERATION UNDER VARIOUS CONDITIONS, DECLARING THE UNRES- TRICTED OPERATION OF SAID HACKS AND CARRIAGES TO BE A NUISANCE AND UNLAWFUL; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, INSOFAR AS IN CONFLICT AND NO FURTHER, AND PROVIDING A PENALTY FOR THE UNLAWFUL OPERATION THEREOF11, AND IN SO AMENDING SAID SECTIONS THREE (3) AND FOUR (4)2 PROVIDING FOR THE SUBSTITUTION AND TRANSFER OF HACKS AND CARRIAGES UPON THE PAYMENT OF A FEE THEREFOR, AND SETTING FORTH THE CONDITIONS AND CIRCUMSTANCES NECESSARY TO BE MET; PROVIDING FOR THE TERMINATION OF LICENSES OF HACKS AND CARRIAGES UPON THE LAPSE OR CANCELATION OF BONDS GANSUR POLICIESRING ID KS AND 27TH,R' 1933S AND REPEALING AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1. That Sub -section (c) of Section 3 of an ordinance pa ssed by the City Commission of the City of Beaumont, Texas, on the 11th day of September, A. D. 1928, said ordinance so passed on that date being amended by an ordinance passed on the 17th day of June, A. D. 1932, said ordinance so passed and enacted upon the lith day of September, 1928, being known and designated as "An Ordinance defining hacks and carriages, providing that it shall be necessary to procure a special permit for the operation of same, and the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the City of Beaumont, prohibiting their operation under various condi- tions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordi- nances and parts of ordinances in conflict herewith insofar as in conflict and no further, and providing a penalty for the un- lawful operation ,thereof", be and the same is hereby amended so that -Sub -section (c) of said.Se-etion 3 shall hereafter read as __fol -lows : 1].s11eu IIUL1Ce9 aau nea lug as p.c Uvlueu upon L LIU original application. Any person to whom the certi- ficate is issued, may, by -written application, under the direction of the City Commission and upon payment of a fee of $10.00, substitute another vehicle or vehicles in the place of one or more vehicles for which the certificate was granted. No duly licensed hack or carriage shall be transferred from one owner of such a certificate to another owner of such a certificate except with the consent of and approval by the City Commission obtained after a written application has been made therefor, and the payment of a transfer fee of $10.00. Said applications shall set forth substantially the information required in the application for a certificate of public convenience and necessity, and in addition thereto, shall give the names of the transferee and transferor, together with the city license numbers of the vehicles to be trans- ferred; providing, however, that the City Commission shall not permit the transfer or substitution of any hacks or carriages to or by any owner of a certificate which will increase the number of hacks or carriages for which said owner has a certificate, without first having the published notice and public hearing provid- ed for as upon an original application for a certifi- cate of public convenience and necessity; and, provid- ed further, that should the City Commission find that the public convenience and necessity at any time, re- quires additional hacks and carriages service, prefer- ence may be given to the persons or companies operating then existing service, should they be willing to fur- nish it." Section 2. That Section 4 of an Ordinance passed by the City Commission of the City of Beaumont, Texas, on the 11th day of September, A. D. 19285, as amended by an ordinance passed on the 17th day of June, A. D. 1932, said ordinance so passed and enacted upon the lith day of September, A. D. 1928, being known and designated as "An Ordinance defining hacks and carriages, providing that it shall be necessary to procure a special permit for the operation of same, and the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the City of Beaumont, prohibiting their operation under various conditions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordi- nances and parts of ordinances in conflict herewith insofar as in con- flict and no further, and providing a penalty for the unlawful opera- tion thereof". be and the same is hereby amended so that said Section 4 shall have added thereto Sub -section (c) as follows: #3. "Section 4 - ( c ) Whenever the bond or insurance policy required by this ordinance upon any hack or carriage shall lapse, be canceled or for any reason become ineffective and no renewal thereof shall be filed and accepted within five (5) days after the date of such ineffectiveness, then the license or licenses of the hacks or carriages so affected shall automatically termi- nate and be absolutely void, and no license shall thereafter be issued to any person for the opera- tion of any hack or carriage to fill the vacancy created by the termination of said license, except after compliance with the provisions of this ord:r- nance relating to the original application for a certificate of public convenience and necessity." Section 3. The Ordinance similar hereto, adopted by the City Commission on June 27th, 1933, is hereby repealed. Section 4. The fact that the present ordinances of the City of Beaumont contain no adequate provisions regulating the transfer and substitution of hacks and carriages, and the fact that said ordinances do not pro- vide adequate regulations relative to the term during which canceled insurance policies or bonds may be renewed, creates an imperative pub- lic emergency necessitating the suspension of the rule requiring 'ordi- nances rdi®nances to be read on three separate days before final passage; where- fore, said rule is hereby suspended, and this ordinance shall become effective from and after its passage and publication® Passed by the affirmative vote of all members of the City commission, this the 11th day of July, A. D. 1933. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SUB- SECTIONS (d) AND (e) OF SECTION 5 OF AN ORDINANCE PASSED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS, ON THE 11TH DAY OF SEPTEMBER, 19281, ENTITLED "AN ORDINANCE DEFINING HACKS AND CARRIAGES, PROVIDING THAT IT SHALL BE NECESSARY TO PROCURE A SPECIAL PERMIT FOR THE OPERATION OF SAME, AND THE PROVISIONS UNDER. WHICH A PERMIT MAY BE ISSUED, REGULATING THE OPERATION THEREOF IN THE CITY LIMITS OF THE CITY OF BEAUMONT, PROHIBITING THEIR OPERATIONS UNDER VARIOUS CONDITIONS, DECLARING THE UNRESTRICTED OPERATION OF SAID HACKS AND CARRIAGES TO BE A NUISANCE AND UNLAWFUL, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH INSOFAR AS IN CONFLICT AND NO FURTHER, AND PROVIDING A PENALTY FOR THE UNLAWFUL OPERATION THEREOF", AS AMENDED SEPTEMBER 26, 1933, DESCRIBING THE AMOUNTS AND CONDI- TIONS OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSUR- ANCE POLICIES OR BONDS TO BE DEPOSITED WITH THE CITY CLERK OF THE CITY OF BEAUMONT BY THE OWNERS OR OPERATORS OF HACKS AND CARRIAGES IN THE CITY OF BEAUMONT, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY -THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1. That Sub' -section (d) of Section 5 of the ordinance passed by the City Commission of the City of Beaumont on the 11th day of September, 1928, as amen- ded September 26, 1933, and described in the caption hereof, be, and the same is hereby amended so that said Sub -section (d) of Section 5 shall hereafter read as follows: "(d) To drive or operate any carriage upon any street in the City of_Beaumont unless and until the owner or operator thereof, or the person in whose name the permit is issued, shall have procured and deposited. with the City. Clerk of the City of Beaumont for each such carriage for which a permit is sought, a good and suf- ficient bond or public liability and prop- erty damage insurance policy as may be approved by the City Manager as to form ,,.• and efficiency in the amount hereinafter ' required, and conditioned that the holder of such permit, or the owner or operator of such carriage shall pay all legal dam- ages occasioned by the loss of goods, wares or merchandise arising while in his- its or their possession, and shall pay all legal damages for injury or loss to property on account of the negligent or wilful operation of said vehicle by any one operating same, which said bond or insurance policy shall be made payable to the City of Beaumont for the use and benefit of said City for any party or parties injured by a breach thereof, and it shall not be void upon one recovery, but may be sued upon from time to time, and said bond or insurance policy shall be at all times in force for the full amount, as hereafter provided for and specified: One horse dray or wagon, a property bond of $500.00 Two horse dray or wagon or other horse drawn vehicle, a property bond of 750.00 A motor driven vehicle or car- riage, a property bond of 1000.00 The holder of any such permit or the owner or operator of any such car- riage shall also deposit with the City Clerk of the City of Beaumont for each such carriage for which a permit is sought, a good and sufficient bond or public lia- bility insurance policy as may be approved by the City Manager of the. City of Beau- mont as to form and efficiency in the sum of Twenty -Five Hundred ($2500.00) Dollars, conditioned that the holder of such per- mit shall and will, well and truly, pay all legal damages for injuries sustained by all persons, including injuries re- sulting in death, as a result of any one accident, where any or all of said in- juries are caused by, or on account of the negligent or wilful act of the owner or operator of such vehicle, or any agent, representative or servant of such owner, or the driver of such vehicle in the oper- ation thereof occurring, accruing or -that is occasioned during the period the said permit is in force and effect. Section 20 That Sub -division (e) of Section 5 of the ordinance passed by the City Commission of the City of Beaumont,. Texas, on the 11th day of September, 1928, as amended September 26, 1933, and described in the caption hereof, be, and the same is hereby amended so that said Sub -division (e) -of Section 5 shall hereafter read as follows: "(e) To drive or operate any hack on any street in the City of Beaumont un- less and until the oviner or operator there- of, or the person in whose name the permit is issued, shall have procured and deposited with the City Clerk of the City of Beaumont for each such hack for which a permit is sought, a good and sufficient bond or public liability and insurance policy such as may be approved by the City Manager of the City of Beaumont as to form and efficiency, pay- able to the City for the use and benefit of any person or persons entitled thereto; said bond shall not be void upon one recovery, but may be sued upon from time to time and shall at all times be in full force for the full amount as herein specified in the sum of Twenty-Five Hundred (2500.00) Dollars, conditioned that the holder of such permit shall and will, well and truly, pay all le- gal damages for injuries sustained by all persons, including injuries resulting in death as a result of any one accident, where any or all of said injuries are caused by, or on account of the negligent or wilful act of the owner or operator of such vehi- cle, or of any agent, representative or ser- -vant of such owner, or the driver of such vehicle in the operation thereof occurring, accruing or that is occasioned during the period said permit is in force and effect; and a further bond or policy of insurance in the sum. of One Thousand (1,000.00) Dol- lars, payable to the City for the use and benefit of any person or persons entitled thereto, which said bond or policy shall be conditioned that the owner of such permit shall pay all legal damages for loss or in- jury to property of any person or persons on account of the negligent or wilful opera- tion of said vehicle by any one operating the same with the knowledge and consent.expressed or implied by the owner of said permit. The bonds or policies of insurance required by this section and section (d) shall further provide that suit may be brought thereon dir- ectly in connection with the owner in any and all causes of action covered by its pro- visions. Should a recovery be had on such bonds or policies of insurance or either of them, and the liability thereunder decreased, a new bond or policy of insurance in the original amount herein provided for shall be at once substituted or else failure to so do shall automatically cancel the license certificate issued by the City herein, said policies shall be deposited and remain with the City Clerk at all times and shall be so conditioned that the insolvency or bankruptcy of assured shall not release the insurer from any payment otherwise due thereunder, and if because of such insol- vency or bankruptcy an execution of a judgment against the assured IldVU IIUU lrV 'VGVvVa6a].IoL L11C. 1I.1.O.u1V.L uuv. assured paid the judgment; and provided fur- ther that in the event the City Commission shall at any time and for any reason deem that a new or additional bond or insurance policy is necessary for the protection of the pub- lic, they may require a new or additional bond or insurance policy and the person own- ing or operating any such vehicle or vehicles shall within ten days after receiving written notice of such requirement provide a new and additional bond or insurance policy with terms, amounts and conditions as herein required; and provided further, that in the absence of special agreement, any surety or insurer may, by written demand, require of�the city that a new bond or insurance policy for any such vehicle or vehicles be.given by the licensee within thirty days, and the City shall thereupon give written notice by mail to such licensee and upon the filing of. such new bond or insurance policy, shall dis- charge such first sureties or insurers from further liability to accrue after the time of the approval of such new bond or insurance pol- icy; and provided further that the City shall not be deemed to have assumed any pecuniary re- sponsibility for the solvency of any such sure- ties or insurer, or in any manner to become liable for any such sureties or insurer, or in any manner to become liable for any sums on account of any-such claim or on account of any act or ommission of any officer or officers of the City in connection with any matter relating to such vehicle, or on account of any act or ommission of any person owning or operating any such vehicle; nor shall the lawful liabil- ity of any such person owning or operating any such vehicle be in any manner either limited or enlarged by anything in connection with this ordinance or such permit, bond or insurance pol- icy; but persons having any cause of action secured thereby shall be authorized to sue on any such bond or insurance policy without im- pleading the City; but the provisions herein contained for requiring new or additional bond or insurance policy if deemed necessary for the protection of the rights of the people shall, nevertheless, apply to every incorpor- ated company; or to continue the operation of said hack after said bond or insurance policy has been canceled or retired for any reason until another bond or insurance policy shall have been procured and deposited-with the City Clerk and approved as aforesaid. Before the filing of any such insurance contract, it shall first be presented to and approved by the City Manager of the City of Beaumont; provided fur ther that the applicant shall, before a permit is issued to him, file with the City Clerk a written statement agreeing that any suit filed against such applicant upon a cause of action arising out of the operation of such hack, may be instituted and maintained in Jefferson County, Texas, regardless of the place of residence of such applicant." Section 3. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. The fact that the sums of Five Thousand 055,000.00) Dollars and Ten Thousand ($10,000.00) Dollars insurance required of owners and operators of hacks and carriages by the amended ordinance of September 26, 1933, referred to in the caption hereof, is excessive, and such owners and operators are unable to procure the same, and the fact that the original ordinance described in the caption hereof requires inadequate and insuffi- cient insurance on hacks and carriages, resulting at this time in the owners and operators of hacks and carriages carrying inadequate and insufficient insur- ance for the protection of the public, and the further fact that numerous accidents have taken place in which the amount of insurance carried by the hacks or carri- ages involved was insufficient to cover the loss occasioned by said accidents, creates an imperative public emergency necessitating the suspension of the rule requiring all ordinances to be read on three separate days before pas- sage; wherefore, said rule is hereby suspended, and this ordinance shall be in full force and effect from and after its passage and publication. Passed by the affirmative vote of all mem- bers of the City Commission of the City of Beaumont, Texas, this the 7th day of November, A. D. 1933. f � - MAYOR ENTITLED AN ORDINANCE AM.TNDING SUB -SECTIONS (d_) AND (e) OF SECTION 5 OF AN ORDINANCE PASSED BY THE CITY COMMISSION OF THE ,I CITY OF BEAUMONT, TEXAS, ON THE 11TH DAY OF SEPTEMBER, 1928, ENTITL® ED "AN ORDINANCE DEFINING HACKS AND CARRIAGES, PROVIDING THAT IT SHALL BE NECESSARY TO PROCURE A SPECIAL PERMIT FOR THE OPERATION OF SAME, AND THE PROVISIONS UNDER. WHICH A PERMIT MAY BE ISSUED, REGU- LATING THE OPERATION THEREOF IN THE CITY LIMITS OF THE CITY OF BEAU - MONT, PROHIBITING THEIR OPERATIONS UNDER VARIOUS CONDITIONS, DECLAR- ING THE UNRESTRICTED OPERATION OF SAID HACKS AND CARRIAGES TO BE A NUISANCE AND UNLAWFUL, REPEALING ALL ORDINANCES AND PARTS -OF ORDI- NANCES IN CONFLICT HEREWITH INSOFAR AS IN CONFLICT AND NO -FURTHER, AND PROVIDING A PENALTY FOR THE UNLAWFUL OPERATION THEREOF" -DES- CRIBING THE AMOUNTS AND CONDITIONS OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE POLICIES OR BONDS TO BE DEPOSITED WITH THE CITY CLERK OF THE CITY OF BEAUMONT BY THE OWNERS OR OPERATORS OF HACKS AND CARRIAGES IN THE CITY OF BEAUMONT, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1: _That Sub -section (d) of Section 5 of the ordinance pass- ed by the City Commission of the City of Beaumont on the lith day - of September, 1928, and described in the caption hereof, be, and the same is hereby amended so that said Sub -,section (d) of Section 5 shall hereafter read as follows: °t(d) To drive or operate any carriage upon any street in the City of Beaumont unless and until the owner or operator thereof, or the person in whose name the permit is issued, shall have pro- cured and deposited with the City Clerk of the City of Beaumont for each such carriage for which a permit is sought, a good and sufficient bond or public liability and property damage insurance policy as may be approved by the City Manager as to form and efficiency in the amount hereinafter required, and conditioned that'the holder of such permit; or the owner or operator of such carriage shall pay all legal damages occasioned by the loss of goods, wares or merchandise arising while in his, its or their possession, and shall pay all legal damages for injury or loss to property on account of the negligent . or wilful operation of said ve- hicle by anyone operating same, which said bond or insurance policy shall be made payable to the City of Beaumont for the use and benefit of said City for any party or parties injured by a breach thereof, and it shall not be void upon one recovery, but may be sued upon from time to time, and said bond or insurance policy shall be at all times in force for the full amount, as hereafter provided for and speci- fied: One horse -dray or wagon, a property bond of 500.00 Two horse dray -or wagon or other horse drawn vehicle, a property bond of 750.00 A motor driven vehicle or carriage, a proper- ty bond of 1000.00. The holder of any such permit or the owner or operator of any such carriage shall also deposit with the City Clerk of the City of Beaumont for each such carriage for which a permit is sought, a good and sufficient bond or public liability insurance policy as may be approved by the City Manager of the City of Beaumont as to form and ef- ficiency in the surd of Five Thousand Dollars ($5,000000), conditioned that the holder of such permit shall and will, well and truly, pay all legal damages for injuries sustained by any one person, including injuries resulting in death, and in the sura of Ten Thousand Dollars ($10,000.00), conditioned that the holder of such permit shall and will, well and truly, pay all legal damages for injuries '- injuries sustained by all persons, including injur- ies resulting in death, as a result of any one accident where any or all of said injuries are caused by, or on account of the'negligent or wil- ful act of the ovmer or operator of such vehicle, or any agent, representative or servant of such own- er, or the driver of such vehicle in. the operation thereof occuring, accruing or that is occasioned during the period the said permit is in force.and effect. Section 2. That Sub -division (e) of Section 5 of the ordinance pass- ed_ by the City Corrmission of the City of Beaumont, Texas, on the 11th day of September, 1928, and described in the caption hereof, be, and the same is hereby amended so that said Sub -division (e) of Section 5 shall hereafter read as follmm.,s: "(e) To drive or operate any hack on any street in the City of Beaumont unless and until the owner or operator thereof, or the person in whose name the permit is issued, shall have procured and de- posited with the City Clerk of the City of Beaumont for each such hack for which a permit is sought, a good and sufficient bond or public liability and insurance policy such as may be approved by the City Manager of the City of Beaumont as to form and efficiency, payable to the City for the use and benefit of any person or persons entitled thereto; said bond shall not be void upon one recovery, but may be sued upon from time to time and shall at all times be in full force for the full amount as herein Recified in the sum of. Five Thousand Dollars 5000® 06), conditioned that the holder of such per- mit shall and will, well and truly, pay all legal damages for injuries sustained by any one person, including injuries resulting in death, and in the stun of Ten Thousand Dollars (10, 000,00), condition- ed that the holder of such permit shall and will, well and truly, pay all legal damages for injuries sustained by all persons, including injuries result- ing in death as a result of any one accidentphere any or all of.said injuries are caused by, or on account of the negligent or wilful act of the owner or operator of such vehicle, or of any agent, repre- sentative or servant of such owner, or the driver of such vehicle in the onerati cn thPrRnf nr.n„r; na bond or policy of insurance in the sum of One Thousand Dollars, payable to the City for the use and benefit of any person or persons entitled thereto, which said bond or policy shall be con- ditioned that the owner of such permit shall pay all.legal damages for loss or injury to.property of.any person or persons on account of the negligent or wilful operation of said vehicle by any one operating the same with the knowledge and consent expressed or implied by the owner of said permit. The bonds or policies of insurance re- quired by this section and section (d) shall fur- ther provide that suit.may_be brought thereon directly in connection with the owner in any and all causes of action covered by its provisions. Should a recovery be had on such bonds or policies of insurance or either of them, and the liability thereunder decreased, a new bond or policy of insurance in the original amount herein provided for shall be at once substituted or else failure to so do shall automatically cancel the license certificate issued by the City herein, said policies shall be deposited and remain with the City Clerk at all times and shall be so conditioned that the insolvency or bankruptcy of assured shall not release the insurer from any pay- ment otherwise due thereunder, and if because of such insolvency or bankruptcy an execution of a judgment against the assured is returned unsatisfied, the judgment creditor shall have.the right of action against the insurer to recover the amount of said judgment to the same extent that the assured would have had to recover against the insurer had assured paid the judgment; and provided further that in the event. the City Commission shall at any time and for any reason deem that a new or additional bond or in- surance policy is necessary for the protection of the .public, they may require a new or additional bond or insurance policy and the person owning or operating any such vehicle or vehicles shall within ten days after receiving written notice of such requirement provide a new and additional bond or insurance policy with terms, amounts and conditions as herein_required; and provided further, that in the absence of special agreement, any surety or insurer may, by written de- mand, require of the city that a new bond or insurance policy for any such vehicle or vehicles be given by the licensee within thirty days, and the.city shall thereupon give written notice by mail to such licensee and upon the filing of such new bond or insurance policy, shall discharge such first sureties or insurers from further liability to accrue after the time of the approval of such new bond or insurance policy; and pro- vided further that the city shall not be deemed to have assumed any pecuniary responsibility for the solvency of any such sureties or insurer, or in any manner to become liabI6 for any such sureties or insurer, or in any manner to become liable for any sums on account of any such claim or on account of any act or ommission of any officer or officers of the city in connection with any matter relating to such vehicle, or on account of any act or ommission of any person owning or operating any such vehicle; nor shall the lawful liability of any such person owning or operating any such vehicle be in any manner either limited or enlarged by anytJ.ing in connection with this ordinance or such permit, bond or insurance policy; but persons having any cause of action #4. secured thereby shall be authorized to sue on any such bond or insurance policy without im- pleading the city; but the provisions herein contained for requiring new or additional bond or insurance policy if deemed necessary for the protection of the rights of the people shall, �neverless, apply to every incorporated company, or to continue the operation of said hack after said bond or insurance policy has been canceled or retired for any reason until another bond or insurance policy shall have been procured and deposited with -the City Clerk and approved. as aforesaid. Before the filing of any such insur- ance contract, it shall first be presented to and approved by the City Manager of the City of Beau mont; provided further that the applicant shall, before a permit is issued to him, file with the City Clerk a written statement agreeing that any suit filed against such applicant upon a cause of action arising out of the operation of such hack, may be instituted and maintained in Jefferson County, Texas, regardless of the place of residence of such applicant." Section 3. All ordinances and parts of ordinances in conflict here- with are hereby expressly repealed. Section 4. The fact that the present ordinances of the City of Beau- mont relating to hacks andcarriages are inadequate and insufficient as to the amount of insurance required to be carried on hacks and carriages, and the further fact that numerous accidents have taken place in which the amount of insurance carried by the hacks or carri- ages involved was insufficient to cover the loss occasioned by said accidents, creates an imperative public emergency necessitating the suspension of the rule requiring all ordinances to be read on three separate days before passage; wherefore, said. rule is hereby sus- pended, and this ordinance shall be in full force and effect from and after its passage and publication. Passed by the affirmative vote of all members of the City Commission of the City of Beaumont, Texas, this the 26th day of r3 - September, A. D. 1933® �30 Ilth DAY OF SEPTEI,ABER., A� D. .1928, vSAID I UPON TH..1--T DATE BEING .001':N AM-, D'Ej-'i'..)IGNATED 116 "AN ORD1Nj1]CE DEFINING HACKS AND CARRIAGES. PROVIDING TEJ.�T- IT LbHALL BE NLJCE;6b!,RY TO PROCURE A SPECT'R L PERi-JiIT FOR THE OPERATION OF Sjki�iE:l S -,ND THE PROVISIONS UNDER I WHICH 11 PERMIT 1AY BE IS'6UED., REGULATING TEE OPERkTION THEREOF IN THE CITY LI1VITS OF THE CITY OF BLAUMONT, PROHIBITING TF LIR OPERATION UNDER VARIOUS CONDITIONS.9 DECLARING T UNRESTRICTED OPIE-ORATION OF SAID HACKS , T AND C.IRRIAGE.S TO BP, A 110I�234NCE AND UNLAI-iFU.L. RSi-E!-�LING ALL ORDINANCES AND PARTS OF ORDIN.LNCE,�i 1N CONFLICT HERLV�!ITH IN60FLE AS IN CONFLICT AND NO FURTEER AND PROVIDING A P MALTY" FOR UhLAuVFUL 01)i!,Rx.TION THEREOF'i,, AND IN 80 ",.,-ilENDING 11) SECTIONS 2, 3. r-:,nd 4. PROVIDING SPECIFICALLY FOR THE SECURING OF CERTIFICkTLb OF PUBLIC CONVENIENCE 1-iND NECESSITY., AND LICENSES., AND THE rROCEDI)RE IN 8,1--,vCt1RIN G EAC:' I 111D BOTH FOR THE �1 - F BL i%101, T, TEXAS; D OPERATION OF ELM) L0 C!,RR1'1,G'f1;8 IN THE CITY 0- LS) IN DECLARING 1=:N &JiERGMCY. BE 'IT ORD-&11.IN-ED BY TEL CITY CO -l. Jv'-) 6ION OF T17L CITY OF BEAUi,'IONTo Rection I That Section 2 of an Ordinance passed by the City Commission of the City of Beaumont, Texas., on the --',.lth day of Sept, , 1:'I. D. 1928, said ordinance so passed and enacted upon that date beinE known and designated as "An. Ordinance defining hcicks and carriaf7es., providing the. C: it shall be necessary to procure a special per-i�.iit for the operation of same, and the provisions under (which a r.(:z:r-mit -,,-nay be issued, regulating the operation thereof in the city limits of the City of Bq-aui-.,Iont pro- hibiting their operation under various conditions, dec].Liring the un- restricted- operation of said hacks- and carriages to be- --. nuisance and unlawful, repealing all ordinances and parts of ordinances in conflict herewith insofar as in conflict and no further, and pro-viding a penalt,, for the unlawful operation thereof", be end the same is hereby amended so that said "Section 21" hereaftcr reads as follol;,Ts-- IiSection 2. (a.) Certificate of Public Convenience and Necessity.: No ' hack or carriage shall hereafter operate within the corporate limits' of the City of Beaumont, Teas, without first having obtained from the City Commission of the City of Beaumont, Texas, under the provisions of this Ordinances certificate declaring that the public convenience and necessity requiring such operation exists, and without having a license as herein provided. (b) Application for a cort-ificate of public convenience and necessity or- the operation of ht:cks and tarn !-:ilgp-s 41-ith-1n the City of B• aum on t., Texas, shall be "jade to the City Corfmi :sion, sh.all set forth the. na-r.-'e and address of the applicant, the trade name under (;hick the applicant does or proposes to do business, the number of vehicles the applicant desires to operate, the class, seating cL;pacity, �-.esign., ana C-- color scheuie of each vehicle, and the lettering and --.narks to be. used thereon, -L and the ownership'of said vehicle and all interest th, rein, 1,7diether the applic-nt has been convict, -,d of the violation of any lw',rs of the State of Texas., or of the City of Beaumont, Texas- and, said application shall further set forth t1le financial ability and respon- sibility of the applicrInt an( --i its orgm-ization and personnel 2-nd. tiny other information which may be roquired by the City Co.lt'nlsslon of the City of Beaumont, Texas> ',:,hen an a-,pplic,,-1.tion is so fiLed for a , certificate of public convenience and necessity., notice of same shall be giver and published by the applica-Jat, at his,, their or its ovm , expense, in some newspaper publishcd in the City of Ber,.umont, Texas, once each week for two weeks prior to the date on ti�,ihich the applicatior is heard; said publication shall fully set out the application itself and the information contained therein �r.0 further state the date.. time and place of the hearing on such -,j)-)lic.--tion-- and no -p-jialtca't'ion shall -�--.00h ear d until said publ.ic,--.itions., E;,.s req,--uired, h-.ve been made ­ � ..1G.,uuc_LL_ U.LIV :JjJ_U11U: -_ aTrlu 1.!eC�531zy ecuu1res ze ra. ope tion of such vehicle or veh.3.clos, and v�hother or not the= applicant is fit to conduct such business and�intene.s to bona fide operate such business, and «rheth.er or riot the a.pp'licant owns the vchicles so desig- nated in such application,' and the said Commission _day investi gate the fitness of off:icr�,rs .and stock holders of any- corporation inaking such application; axed in det-�rminin� �r,hether or not a certificate should be issued the said Commission shall give vreigPub and. due regard to, among other things: 1a Proba.b.le per,cianence and qua..lity of the service offered by the applicant,.- 2. pplicant,2. The financial ability and responsibility of the applicant and its organization and personnel; 3. The character of vehicles and the character and location of depots and termini pro -posed to be used; 4. The experience of the applicant in the tri nsporta.tion of passengers for hire in automobiles; arid, 5. The adequacy of hack service and other forir.s of trans- portation for passengers :and ca:rr.iarre service already existing in said City; but the specification of such things th_,.t the City Commission shall_ or may consider shall not exclude the City Comiiii.ssion fron con- sidering other matters with reference to said applic�ltio_:ls that it shall deers pertinent in its deliberation and determination of ,,hether or, no -t- the- -, convenience and. necessity exists for the operation of said vehicle or vehicl,Ds, or hac':s, or carria:ges.4l Section II. That jection 3 of an Ordinance passed by the City Commission of the City of Beaumont, Texas, on the 11th day of Sentember, A.D. 1028 said ordinance so passed and enacted upon the-I.t. da°.te being kno!Tiai and designated as rein Ordinance defining hacks and carria€-es, providing that it shall be necessary to procure a. special pernii_t forthe opera- tion of same, and the provisions under vihi. ch .a rer:ni t m_a.y be issued, regulating the operation thereof in the City limits of th^ City of Beaumont, prohibiting their op. ration under various conditions, declar- ing the unrestricted operation of said ha..cks and carri aEe's to be a nuisance and unlawful, repealin€ all ordinances ;end p_�rts of ordinances in conflict herev;ith insofar as in conflict and no furt�,.er and providi.nj a, penalty for the unlawful opera -.tion thereof", be arid. t�,e some is hereby amended so the.t said S"ection 5 her- a.f'ter reads as f_ollov-rs: IIS ection 3. (a) Issuance or refusal of Certificati�s. Th E:; C,.ty Commissior. ,: hall have the author. i ty to either grant an application for which an `.pplication is made, or to grant a. certificate to the applicant for a :Lesser number of vehicles than specified in said app]Li cation, provided the City Commission first finds th^t public convenience axid necessity demand the granting of said certificate; if the City Cor7ilission finds that public convenience anal necessity do not .require the operation of any such hack or hac}�s, or ca,.rriai es,- as is specified. in th_: application or that the applicant is not fit to conduct such busin•:.:ss, it shall forthwith refuse such application and no certificat-e of convenience and necessity shall_ be issued to such applicLoat. The burden shall be upon the applicant to establish th.e existence of a public convenience and necessity for the operation of the hacks or carriages designated in the application, it 11 (b) If it shall be determined thc_t the public convenience and necessity requires the operation of sue:Ll Lacks or carriages or a part thereof, and shall further deter-»ir_e that the applicant is fit to conduct such business, and the applicant shall uii.thin thirty (30) days thereafter furnish to the City Cor-Pili.sLAon, or to such person as it may designate, information -s to the particular. vehicle for v.ihich certifi- cate was ;ranted, such info_rni tion to include the moke, state license number, the length of time the vehicle has been in use, the Motor pourer thereof, the names and addresses of the person or persons from �,,Thom the vehicle or vehicles were purchased, or any other information required by the Coinnii scion. If the said City Coi-nmliss i.on finds that the applicant is the ovmer of such vehicle or vehicles, and the same are fit and safe for the- trans-oo.rta.tion of pcssengers, or property as the case faay be, cnd conforrl to the requirci7i,,ents as the City Coaly ission may make under authority of this Ordinance, it shall -i_ ssue or cause to be issued to the applicant the certificc..te of convenience and necessity herein provided for,. C Said certificaten � ,�h�ll not be transferable without the consent anC: approval of the City Commission had �.,f.ter c.pplication, pub- lished notice, and h --:;grin` as provided upon the original application cation, but the person to whom the certificate is issued, rr_a-y, by ;Iroper en- ., lc.d.e thereon, under the direction of the City Coruiii ssion, substitute another vehicle or vehicl=es in the place of that for '.,!hick the certificate i;;as granted; provided further that should tl]e city Com_,aission find that public convenience and necessity at _,ny time require adOitiona.l hack or carriage service, proference -play be given to th ei ersons -or co npani es operating them existing service, should the, be willing to furnish it. (C-) Upon presentation of said cortifl.cc:te of convenience and_necessi_t if ranted-. v..,ithi.n--thirty days from the d�..te salie bears ---- --- Y-9-� g � Y y 9 and the further presentation by the holder of satisfactory evidence that all license fees have been paid in the City of Beau:-aont, Texas, the City Clerk of the City of :Beaumont, Texas, shall i..sue to the applicant a license for each and every vehicle specified in said cer- ti ficate, provided, hots ever, that no license or rene,-ial thereof for any vehicle shall be issued by the City Clerk unless and until the holder of said certificate shall present satisfactory evidence to the and. City Clerk that all taxes theretofore levied aassessed a.a,inst said vehicle by the Ci.ty of Beaumont., if c'ue, have been fully paid, and that said vehicle has been ren<Lered for tax_ tion to the City Assessor and Collector of taxes for the current year for ti�hi. ch said li. c en se is ! sought. Axiy certificate issued hereunder shall be -affective until i canceled, and no additional certificate or certificates of public con- i vehience and necessity shall be required for the purpose of obtaining license or the renewal of a license so longi- as the original certi.fi- cate remains in effect; provided, ho<r.!ever, tlz_ t such ov;n r and operator of a public hack or carriage shall be str i ctly litlited to the character and type of o p oi,Ea ti on as evidenced by such anCt as specified in such c ertif i ce to _tnd license. - - -- (e) The license- herein provided for hacks e,.nd c_..r_riages, ,. en originally issued shall be in force, and effect for the rel-_lainder ,f that calendar ye�ir, and said licenses shall be renewed by the holder of the certificate of public convenience and nece=ssity, if he desires to continue to op^rate under sar,le upon the first d�a.y of January of each succeeding year, by applying to the City Clerk of the City of Beaumont, Texas, in the form and : i3_nner as provided for thy.;, original issuance of the licenses under such c•ertificateo (f) No license for the operation of a hack or ccrriage shall be issued, nor shall any h Icr or carric.ge be of Brat --d within the City of Beaumont, Texas, until the City Cor,:rnission has issued c. certificate of public convenience and necessity v:hiclla recuir,_�s the operr?tion there- of; however, no parts of Lection w end. I'Secti.on 3 and ":iection 4 of the hack and carriage ordinance as passed by the City of Beaui;lont on under authority of the Genera]_ Laws of the 6tGte of Texas. (g) No certificate of public convenience anC necessity, as described in this Ordin nce, shall be necessary for the licensing of the same nu: ber of hacks and/or carriages licensed for operation and operated by an aJ )licant under the same name on the first day of June, A.D. 1932, or for the ren.ek.7_,.1 of licenses for the sa._rie numbcr of hacks or carriag^s for such applicant arinually thereafter.; however, the persons, firr,:s, arid corpor•�.tions now opera -Ling licensed hacks or carriages in the City of B3Dauinont shall comply arid be governed by all other provisions of this Ordinance. (h) The provisions of this ord.:irlance shall apply to all applications for per ---zits to operate hacks and carriages noi,,1 pending before the City Commission of the City of i3eeumont, as well as to all applications to be made hereafter." bection II10 That oection 4 of an Ordinance passed by the City Com -;fission of the City of 13^aumont, Texas, on the 11th day of Ceptember., A.D. 1028, said ordinance so passed and enacted upd X, that rite being knoTnm and designated as ',An Ordinance defining hacks :lmnd carriages, providing that it shall 'be necessary to procure a special permit for the operation of same, and the provisions under vihi ch. a laer iii t may be issued, regu- lating the operation thereof' in the city 1ii^iits of the City of Beaumont; prohibiting their operation under various conditions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlavi.ful, repealing all ordinances and parts of ordinances in conflict herevaith insofar as in conflict and no further and providing a penalty for the unlaviful operation thereof", be and the same is hereby amended so that Soction 4: hereafter reads as folloviso "Section 4, (a) The Chief of. Police shall keep a record in i�:.Thich he shall enter the names of a1.1 omners of hacks and carriages for ;�Ihich a permit or license to operate has been issued, together vti'ith the number and date of said permit or license and shall furnish the o�,ner thereof viith City license number for each vehicle operating under the terms and provisions of this ordinance. (b) The City Commission of the City of Beaumont, Texas, may, for good cause, cancel the certificate of convenience and necessi t; of any holder thcreof_, or mu, for good cause, cancel the license or licenses issued to one or more hacks or carria es under a certificate o. convenience and necessity h vection IVo There being: a public emergency requiring that this Ordinance be passed finally on the date of its introduction, in view of the con- tantly increasing number of automobiles and other vehicles upon the streets of the City of Beaumont,, Texas, thereby causing a dangerous condition and endangering public peace, property, health and the safety cf the citizens of the City of Bea.unaont, Texas, and such emergency ne- cessitates the suspension of the rule requiring ordinances to be read on three separate days 'before the final passage° lh�HEREFORE, such rule is hereby suspended. anif this Ordinance shall be in force and effect i imediately from and after its passage. PASSED this the 17th day of June, A.D. 1932, E. L. FLETCu ER, _�dayor. 82x,, '0` r1 Z� ? 1: TELL .9Co.- i-,ii GEO r,_ %:.ELLS-, C o-,-ariission�;r. AMENDING SECTIONS THREE (3) AND FOUR (4) OF AN ORDINANCE PASSED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS, ON THE 11TH DAY OF SEPTEMBER, A. D. 1928, AS AMENDED BY AN ORDINANCE PASSED ON THE 17TH DAY OF JUNE, A. D. 1932, SAID ORDINANCE SO PASSED AND ENACTED UPON THE lith DAY OF SEPTEMBER, 1928, BEING KNOWN AND DESIGNATED AS "AN ORDINANCE DEFINING HACKS.AND CARRIAGES; PROVIDING THAT IT SHALL BE NECESSARY TO PROCURE A SPECIAL -PERMIT FOR THE OPERATION OF SAME AND THE PRO- VISIONS UNDER WHICH A PERMIT MAY BE ISSUED, REGULATING THE OPERATION THEREOF IN THE CITY'LIMITS OF THE CITY OF BEAUMONT, PROHIBITING THEIR OPERATION UNDER VARIOUS CONDITIONS, DECLARING THE UNRESTRICTED OPERATION OF SAID HACKS AND CARRIAGES TO BE A NUISANCE AND UNLAWFUL; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, INSOFAR AS IN CONFLICT AND NO FURTHER AND PROVIDING A PENALTY FOR THE UNLAWFUL OPERATION THEREOF?t, AND IN SO AMENDING SAID SECTIONS THREE (3) AND FOUR (4), PROVIDING FOR THE SUBSTITUTION AND TRANSFER OF HACKS AND CARRIAGES UPON THE PAYMENT OF A FEE THEREFOR, AND SETTING FORTH THE CONDITIONS AND CIRCUMSTANCES NECESSARY TO BE MET; PROVIDING FOR THE TERMINATION OF LICENSES OF HACKS AND CARRIAGES UPON THE LAPSE OR CANCELATION OF BONDS OR INSURANCE POLICIES COVERING SAID HACKS AND CARRIAGES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1. That Submsection (c) of Section 3 of an ordinance passed by the City Commission of the City of Beaumont, Texas, on the 11th day of September, A. D. 1928, said ordinance so passed on that date being amended by an ordinance passed on the 17th day of June, A. D. 1932, said ordinance so passed and enacted upon the 11th day of September, 1928, being known and designated as "An Ordinance defining hacks and carriages, providing that it shall be necessary to procure a special permit for the operation of same, and the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the City of Beaumont, prohibiting their operation under various conditions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordinances and parts of ordinances in conflict herewith insofar as in conflict and no further, and providing a penalty for the unlawful operation there- of"', be and the same is hereby amended so that said Sub -section (c) of said Section 3 shall hereafter read as follows: U.LULL g as �p p ' p s e notice, and hearin g provided upon the original application® Any person to whom the certificate is issued, may, by written -application, under the direc- tion of a© e City Commission and upon payment of a fee substitute another vehicle or vehicles in the p acl a of one or more vehicles for which the certificate was granted. No duly licensed hack or carriage shall be transferred from one owner of such a certificate to another owner of such a certificate except with the consent of and approval of the City Commission obtained after a written application has been made therefor and the payment of a transfer fee tis of , Said applications shall set forth su stantially the information required cation for a certificate of public convenienceaandl necessity, and in addition thereto, shall give the names of the transferee and transferor, together with the city license numbers of the vehicles to be trans- ferred; providing, however, that the City Commission shall not permit the transfer or substitution of any hacks or carriages to or by any owner of a certificate which will increase the number of hacks or carriages for which said owner has a certificate, without first having the published notice and public hearing provid- ed for as upon an original application for a certifi- cate of public convenience and necessity; and, provid- ed further, that should the City Commission find that the public convenience and necessity at any time, re- quires additional hacks and carriages service, prefer- ence may be given to the persons or companies operating, then existing service, should they be willing to furnish it. 11 Section 2. That Section 4 of an Ordinance passed by the City Commission Of the City of Beaumont, Texas, on the 11th day of September, A. DB 1928, as amended by an..ordinance passed on the 17th day of June, Am D. 1932, said ordinance` so passed and enacted upon the llth day of September, A, D. 1928' being known and designated as "An Ordi- nance defining hacks and carriages, providing that it shall be necessary to procure a special permit for the operation of same, and the provisions under which a permit may be issued, regulating the operation thereof in the city limits of the City of Beaumont, prohibiting their operation under various conditions, declaring the unrestricted operation of said hacks and carriages to be a nuisance and unlawful, repealing all ordinances and parts of ordi- nances in conflict herewith insofar as in conflict and no further, and providing a penalty for the unlawful operation thereof", be and #3. the same is hereby amended so that said Section 4 will have added thereto Sub -section (c) as follows: "Section 4 (c) Whenever the bond or insurance policy re- quired by this ordinance upon any hack or carriage shall lapse, be canceled or for any reason become in- effective and no renewal thereof shall be filed and accepted within days after the date of such in- effectiveness, then the license or licenses of the hacks or carriages so affected shall automatically terminate and be absolutely void, and no license shall thereafter be issued -to any person for the operation of any hack or carriage to fill the vacancy created by the termination of said license, except after compliance with the provisions of this ordinance relating to the original application for a certificate of public convenience and necessity" Section 3. The fact that the present ordinances of the City of Beaumont contain no adequate provisions regulating the transfer and substitu- tion of hacks and carriages, and the fact that said ordinances do not provide adequate regulations relative to the term during which canceled insurance policies or bonds may be renewed, creates an im- perative public emergency necessitating the suspension of the rule requiring ordinances to be read on three separate days before final passage; wherefore, said rule is hereby suspended, and this ordi- nance shall become effective from and after its passage and publica- tion. Passed by the affirmative vote of all members of the City Conmission, this the day of A. D. 1933° V