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HomeMy WebLinkAboutORD 97-CAli DRD INAU CE Entitled an Ordinance amending Section 4 of an Ordinance entitled "An Ordinance defining hacks and carriages, providing for the licensing of same, requiring bond to be executed by the operators of hacks -and carriages, and providing rules and regulations for the operation thereof, upon and over any street in the City of Beaumont; regulating - the -rates to -be charged by the operators of such hacks and carriages; prescribing a penalty; providing that the invalidity of a pa:i•t shall not invalidate the whole of said ordinof; and declaririg an emergency"- passed on the day 1921; providing for the filing of a polic o' Po ides of a duly licensed. and solvent insurance company authorized under the. laws of the State of Texas to insure the liability of automobile owners for personal injury and property damage, in lieu of the bond or bonds heretofore required; -and declaring an emergency. BE IT ORDAI MED BY THE CITY COIU dI S SI OIC OF THE CI TY OF BEAUi:iONT : Section 1. That Section -4 of an ordinance entitled "An Ordinance defining hacks and carriages, providing for the licensing of same, requiring bond to be executed by the operators of hacks and carriages and providing rules and regulations for the operation thereof, upon and over any street in the City of Beaumont; regulating the rates to be charged by the operators of such hacks :and carriages; prescribing a penalty; providing that the invalidity of a part shall not invalidate the whole of said ordinance; and declaring an emergency"- passed on the day of 1921, be and the same is hereby amended, so that hereafter Section 4 of said ordinance shall be and read as follows: Sec. 4.- Before any such license shall be issued the applicant shall pay the license fee required by this ordinance, and if it be a carriage, as herein defined, for which the license is desired, the applicant shall execute a bond for the sum of five hundred (0500.00) dollars, .payable to the City of Beaumont, with two or more good and sufficient sureties,- or a solvent .surety or insurance company authorized to transact busine s in the State �_i} Texas, conditioned that the driver of such carriage will f � 2. faithfully carry and deliver all good, intrusted to him, at the established rates, and that he will. comply with all the ordinances of the city and the general laves of this State concerning public carriages and hacks and other -vehicles, which bond shall be approved by the City Manager; provided that the owner of more than one such vehicle *may give bond in any amount necessary to cover all his vehicles at said rate; provided, further,' that when the number of vehicles is more than ten and less than twenty, said bond shall be in the. sum of Five Thousand (�p5,000.00) Dollars, and when made to cover twenty vehicles or more, said bond shall be in the sum of Ten thousand 0"10,000.00) Dollars. The said bond may be sued upon in the name of the party injured by a breach thereof, and it shall not -be void upon one - recovery, but may be sued on from time to time, until the whole amount of -the penalty is recovered; and if it be a hack, as herein defined, for which the license is desired, then the applicant shall execute a bond conditioned that the holder of. such license shall well and truly pay to the City of Beau -- o wont, for the benefit of every person injured, or. owner of property damaged, other than the licensee or his employees operating such hack, through the negligent operation of such hack by the licensee or his employee, or will well and truly pay directly to arty such person or persons injured in person or property, any amount or amounts of money that may be awarded 1 by final judgment of any court of competent -jurisdiction against such licensee on account of any such injury, not exceeding for bodily injury to any one person the sum of Five Thousand ($5,000.00) Dollars, or the sum of Ten Thousand ($10,000.00) Dollars for.all persons injured in any one accident or occasion, and not exceeding the sum of One Thousand Dollars for direct and material damages to property resulting from any one accident or 3. occasion. The said bond or policy shall provide that each such cause of action shall survive in case of death of the injured person, for the benefit of the heirs and legal representatives of such person, and.that such bond or policy shall be subject to successive recoveries during the time that such bond or policy shall continue in effect. Provided, however, that any such applicant may in lieu of the bonds above required, take out and file with the City Idanager a policy or policies of a duly licensed and solvent insurance company authorized under the laves of the State of Texas to insure the liability of automobile owners for personal injuries and property damege in the State of 'Texas, which policy or policies shall cover, in the name of the licensee, the amounts and limits for personal injury qnd property dam-;ge stipulated and required in -the aforementioned bonds, and shall be so conditioned and written that any person injured in person or property by the operation of such vehicle may sue thereon, and avail himself to the same extent and under the sane conditions and circumstances as is respectively provided in the afore-' mentioned bonds, and such policy or policies :shall contain an accurate description.of the vehicle covered therein, giving its motor number, and state license number; and provided, further, that such policy or policies sh ll be subject toLhe approval of the City Manager, and shill at all times be subject to cancellation -rights on the part of both -the insurance company and the licensee, which richt, if exercised and accompanied by notice to the City Manager of the City of Beaumont, shall operate to,suspend the license of such vehicle covered therein until another policy or policies shall be filed and approved as above provided for and substituted in the Place of the original policy or policies. Section 2.. .The fact that licensees of vehicles have heretofore been unable to procure certain of -the bonds here.tofore required-for;licensing vehicles for hire creates an imperative public- emergency -Aeyce_ssitating:;:the,,;auspenbiOn--of -tyre-=rule re quiring- ordinances to be -read on three separate days be fore passage, wherefore said � rule is hereby suspended and � ,this ordinance shall take effect upon its passage and signature of the mayor.