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HomeMy WebLinkAboutOrdinance 2086 z ORDINANCE NO. 2-0 AN ORDINANCE DEFINING MOTOR CARRIER TRANS- PORTATION AGENT, PROVIDING FOR THE REGULATION, SUPERVISION AND LICENSING THEREOF; EXCEPTING CERTAIN PERSONS, FIRMS AND CORPORATIONS, PRE- SCRIBING A BOND, PROVIDING FOR THE KEEPING AND FILING AND INSPECTION OF CERTAIN RECORDS, PRO- VIDING THAT THE INVALIDITY OF A PART OF THIS ORDINANCE SHALL IN NO WAY AFFECT THE REMAINING PROVISIONS THEREOF, PROVIDING FOR THE ENFORCE- MENT OF SAID ORDINANCE, AND PROVIDING PENALTIES FOR THE VIOLATION OF ANY OF ITS PROVISIONS, AND PRESCRIBING THE EFFECTIVE DATE OF SAID ORDI- NANCE. WHEREAS persons, firms and corporations are engaging in or carrying on the business of selling, furnishing or pro- viding transportation for compensation or hire of persons over the public highways of the State of Texas which transportation is furnished and to be furnished by other than a motorbus com- pany as defined in Section 911-A., Revised Statutes 1925 of the State of Texas and which carriers are operating without a permit or certificate from the Railroad Commission of the State of Texas; and, WHEREAS certain of said persons engaging in said business make material false or fradulent representations to persons seeking such transportation regarding the character, reliability, reputation and dependability of the operators furnishing or to furnish such transportation; representing in many instances the operator furnishing or to furnish such trans- portation to be a sober, upstanding, reliable citizen when in fact they well know said representations are false; further re- presenting said operator to be reliable and that he will trans- port said persons to their destination when in truth and in fact said persons know that the operator of said automobile intends to abandon said passengers at the earliest opportunity, leaving them stranded and penniless at some point only a few ,r miles from Fort Worth; that as a result of the above practices and conditions it has resulted in many instances that aged and infirm persons of both sexes and women with small children have been abandoned and stranded and in a penniless condition at various points over the State; and, WHEREAS, in many instances persons engaging in said business will falsely and fradulently represent to persons seeking such transportation that they can inme diately secure for them such transportation in a late model automobile in safe condition, whereas in truth and in fact the transportation secured will be by a person engaged in the business for trans- porting persons for hire, in violation of the laws of the State of Texas and will be in an old worn automobile with worn, de- fective tires and inadequate brakes; and upon the refusal to accept such transportation will refuse to refund deposits made under such circumstances. f WHEREAS it is deemed expedient and in the interest of the public welfare to regulate and inspect such persons, firms or corporations engaged in the business above described; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS; SECTION 1. A motor carrier transportation agent within the meaning of this ordinance is a person, firm or corporation who for compensation sells or offers for sale or negotiates for and/or holds himself out as one who sells, fur- nishes or provides, as principal or agent, transportation for compensation or hire of persons over the public highways of the State of Texas, when such transportation is furnished or is offered or proposed to be furnished by other than a motor bus company as defined in Acts 1927, Fortieth Legislature, 2 page 399, Chapter 270, Section 1, as amended Acts 1929, Forty- first Legislature, First Called Session, page 196, Chapter 78, Section 11, and actually operating under said act by permit from the Railroad Commission of the State of Texas. This ordinance shall not apply to movements of per- sons when no compensation is paid by, or on behalf of, the per- son or persons so transported, nor to movements of persons Wholly within the corporate limits of the City of Fort Worth, nor to the operation of public vehicles and conveyances operat- ing under permit or license from the City of Fort Worth. The provisions of this ordinance shall apply regard- less of whether such transportation so sold or offered to be sold is interstate or intrastate. SECTION 2. It shall be unlawful for any person, firm or corporation to engage within the City of Fort Worth, Texas, in the business or act in the capacity of a motor car- rier transportation agent, within the meaning of this ordi- nance without first obtaining a license therefor. SECTION 3. No license issued under ize provisions of this ordinance shall give authority to do any act for which the license is issued to any person, firm or corporation other than the licensee mentioned in the license, and such license shall not be transferable or assignable. SECTION 4. Application for a license as a notor carrier transportation agent shall be made in writing to the City Secretary of the City of Fort Worth, which application shall state the name, age, residence, length of residence w ith- in the City of Fort Worth, and place of business of the appli- cant, where the applicant is a person; and as to firms and/or corporations the application shall state the name of the firm or corporation, the name of the principal officers or members and the address of each, and the place of business. 3 SECTION 5. After having filed said application and the bond hereinafter provided with the City Secretary and se- cured said license as herein provided for, the licensee shall pay to the Assessor and Collector of Taxes the sum of twenty- ' five dollars' ($25.00) as an annual license fee. All fees and collections under this ordinance shall be paid to the City Tax Collector and by him paid over into the General Fund to be used for the purpose of defraying the expenses of enforcement and supervision of this ordinance. SECTION 6. That before any license shall be issued as herein provided the applicant shall furnish in writing a good and sufficient bond in the sum of one thousand dollars ($1,000.00), to be approved by the City Manager. Such bond shall be conditioned that the holder of the license shall well and truly pay to the Mayor of the City of Fort Worth or his successors in office in Fort Worth, Tarrant County, Texas, any final judgment that may be rendered against such licensee not to exceed the amount of said bond, for the benefit of every person who may recover a final judgment against the licensee arising and growing out of any material false or fradulent re- presentation of licensee, his agents, servants or employees concerning said transportation to be furnished or the wilful failure fully to .reveal all material facts within the knowledge of licensee, his agents, servants or employees concerning the transportation to be furnished or the person furnishing such transportation in connection with the conduct of the business licensed under this ordinance; and further conditioned that any person laving a cause of action against the obligor of said bond arising and growing out of the conduct of the business licensed under this ordinance may sue in his own name and recover on said bond without the joinder of the City of Fort Worth or the Mayor of the City of Fort Worth therein; and further condition- 4 ed that such person or persons may sue and recover upon said bond from time to time until the full amount is exhausted. Whenever recovery has been had on said bond so that the same is depleted or exhausted, the licensee shall immediately file a new or additional bond as herein provided for the original bond so as to maintain at all tines a good and sufficient bond in the full amount of one thousand dollars ($1,000.00). SECTION 7. Every such motor carrier transportation agent shall, upon receipt of any deposit or money for transpor- tation to be provided, issue to the person paying such deposit or money a receipt showing the full amount of money received, the time at which such trip is to start, the destination there- of, and the route to be followed. SECTION 8. The license of each motor carrier trans- portation agent shall be displayed in the office of such motor carrier transportation agent, and no license Assued hereunder shall authorize the licensee to do business except from the location stipulated in the license. Notice in writing shall be given to the City Secre- tary of any change of business location by any licensee, whereupon the City Secretary shall issue a new license for the unexpired period for the new location without addition- al charge. Any change of business location without notification to the City Secretary and issuance by him of a new license shall automatically cancel the license theretofore issued. SECTION 9. Any license herein granted shall be sub- ject to revocation by the City Council of the City of Fort Worth after due notice to the holder of such license and hearing thereon, upon proof of the violation of any of the provisions of this ordinance. SECTION 10. It shall be the duty of all motor carrier transportation agents to keep an exact and permanent record in 5 duplicate of all transactions had by them as such agents, includ- ing the name and address of the person seeking transportation, the amount paid, the point of destination, and the name of the person, firm or corporation acting as carrier, the name of the operator of the vehicle in which such transportation is furnish- ed and a description of said vehicle, including the name, make and year model thereof and the license and motor numbers there- of, and showing the name of the person making said record. Each licensee hereunder shall file with the City Sec- retary of the City of Fort Worth on the first Monday of each month a sworn copy of all of the records kept by him during the preceding month under the provisions of Section 9 of this ordi- nance, and the failure to file such records shall constitute a violation of this ordinance. SECTION 11. Any person, firm, or corporation vio- lating any provision of this ordinance or any amendment there- of shall be deemed guilty of a misdemeanor, and, if such act be also a violation of any valid law of this State and be penalized thereby, he shall, upon conviction, be fined as provided in such State law; and any person, firm, or corporation violating any provision of this ordinance shall, if such act be not pro- hibited and penalized by any valid law of this State, be deem- ed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding two hundred dollars ($200.00), and each days operation without a license as herein provided for shall be considered a separate offense. SECTION 12. This ordinance shall not apply to any person, copartnership, association or corporation doing business under and as permitted by the laws of this State relating to motor bus companies or motor bus ticket brokers. SECTION 13. In the event the license of any person issued hereunder shall be revoked by the City Council of the 6 r City of Fort Worth, Texas, as provided in Section 9 hereof, no second or additional license shall be issued to said person hereunder within one year of the date such license was revoked. SECTION 14. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. SECTION 1.5. This ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law. PASSED AND APPROVED, this day of , A. D. 1940. Approved as to form 7-:5-a / - City Attorney 7 ORDINANCE 6� r Date File a o City Secretar