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HomeMy WebLinkAboutORD 80-DW All ORDINANCE MITTITLED AN ORDINANCE AMENDING SECTION 4 OF AN ORDINANCE ENTITLED 'TAN ORDINANCE DEFINING HACKS AND CA` RIIAGES, PROVIDING FOR THE LICENSENG OF SAME, REQUIRING BOLD TO BE EXECUTED BY THE OPERATORS OF HACKS AND CA3_LIAGES ; AND rROVIDING RULES AND=REGULA- TIONS FOR THE OPERATION THEREOF, UPON A21p OVER ARTY STREET IN THEA CITY OF B.EAUMONT; REGULATING THE RATES TO BE CHARGEIP BY THE OPERATORS OF SUCH HACKS AND CARRI.AG S;PRESCRIBING A. P uALTY; PROVIDING THAT THE INVALIDITY OF A PART SHALL NOT IIIVALIDATE THE :,giOLE 0F SAID ORDINANCE; AND DECLARING AN EITRGE11CY11 - PASSED ON THE 5TH DAY OF 7ULY, 192111 AS AKE11DED BY ORDINANCE PASSED SEPTELIBER 27TH, 19219 "PROVIDING FOR THE FILING OF A POLICY 03 2OLICIES 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 AIM PROPERTY DAIiAGE., IN .LIF` OF THE BOND OR BONDS HERETOFORE REQUIRED;? _MUCING THE AI:•IOUNT OF BOIH) OR POLICY OF INSURANCE REQUIRED FOR THE OPERATION OF "HACKS" TO 2500.00 i0OR BODILY INJURY TO ANYONE PERSON AND THE SUT-.r OF :5,000000 l0 AL!, PERSONS ITnJURED IN ANY ONE ACCIDEIIT 03 OCCASION A!TD 01,000.00 FOR PROPERTY DA1,..1AGE.AND DvCLARING ATT E1Ft,IRG::,1NCY. SECTION 1. hat Section 4 of the ordinance mentioned in the preamble hereof be and the same is hereby amended so that hereafter oection 4 of said Urdinance shall be and read as follows:- ` 'See. 4.- -Oefo-re any such license shall be issued, the amolicnnt shall pay the license fee required, by this-- ordinance, his--ordinance, and if it be .a carriage, as herein defined, for -which the license is desired, the applicant shall execute a mond for the sum of five hundred dollars (0500.00), payable to the City of Beaumont, -rrith two or more good --nd sufficient sureties, or a solvent surety or insurance company authorized to transact business in the State of Texas, condi- tioned that the driver of such carriage will faithfully carry and deliver all goods intrusted to him, at the establish- ed rates, and that he will comply with all the ordinances of the City and the general laws of this State concerning public. carriages and hacks -and other vehicles, which bond shall be approved by the City 2Ianager; provided that the owner of more than one such vehicle may give bond or take out a policy of insurance in Hazy amount necessary to cover all his vehicles at said rate; provided, further, that when the number of vehicles is more than ten mid less than twenty, said bond or policy shall be in the sum of Five Thousand Dollars ($5,000.00), and when made to cover twenty vehicles or more, said bond shall be in the sum of Ten Thousand Dollars ( 010,000.00). The said bond or policy shall be so conditioned that it 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 rer- Lt.y is recovered. And if it be a hack, as herein defin©d,, for .Lich the license is desired, then the applicant shall execute bond or policy of insurance conditioned that the holder of such lieense shall well and truly pay to the City of Beaumont, for the benefit of every person -injured, or ovmer of property damaged, other than the licensee or his employees operating such hack, through the negligent operation of such hack b; the licensee or his employee or will -well and. truly pay directly to any such person or persons injured in person or property any amount or amounts of money that, may be awarded 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 twenty-five hundred dollars 52500.00) or the sum of five thousand dollars (451000.00) for all persons injured in any one accident or occasion, and not exceeding the sum of one thousand dollars (1,000.00) for direct and material damages'to property resulting from any -one accident or 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 bonds or policy shall continue in effect. rrovided, however, that any such applicant may in lieu of the bonds above required, take out and file with the City Manager a policy or policies of a duly licensed and; solvent insurance company authorized under the lags of the State of Texas to insure the liability of automobile owners for personal injuries and property damage in the State of Texas, which policy or policies shall cover, in, the name of the liennsee; the amounts and limits for personal injury and property damage 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 same conditi-ons and circumstances as is respectively provided in ..the afore- mentioned bonds, - an:d such ' policy opolicies • shall'- e ontain an accurate' description of the vehicle covered therein, giving its motor number, and state license number; and provided, further, that such -policy or policies shall be subject to the approval of the City Manager and shall be kept on file In the office of the City Clerk at all times while in force, and shall at all times be sup j ect to cancellation rights on the part of both the insurance company and the licensee, which right, if .exercised and accompanied by notice to the City Manager of the City of Beaumont, shall operate tb suspend the license, of such vehicle covered therein until ano -her 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 heretofore required for licensing vehicles for Hire creates an imperative public emergency necessitating the .suapens,ion of the rule requiring ordinances to be read on three separate days before passage,; wherefore said rule is hereby suspended and this ordinance shall take 'effect upon its passage and signature of the 116yor: • i ON,�.rl'i Passed this�'? day of A.D. 1923..