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MEMORANDUM
To: Mayor, City Council, and City Manager y y~,(~^
From: Valecia R. Tizeno, First Assistant Cit Attorne ~(~,
Date: April 16, 2009
Subject: P. 0. No. 5987; Council Meeting April 21, 2009
Attached is P. O. No. 5987 amending Section 114-76 of
the Code of Ordinances as it pertains to the issuance of
taxicab drivers permits.
VRT:ts
Attachment
cc: Chief Blanton
Director of Human Resources
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P. O. No. 5987
04/16/09 is
ORDINANCE N0.
AN ORDINANCE AMENDING SECTION 114-76 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO THE
ISSUANCE OF TAXICAB DRIVERS PERMITS
WHEREAS, Section 114-76 delineates the City's requirements for
the issuance of permits for taxicab drivers; and
WHEREAS, it is deemed in the best interest of the citizens of
Port Arthur to revise the requirements for issuance of permits in
order to further consider the criminal record of applicants and
current permit holders.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That Section 114-76 of the Code of
Ordinances is herein amended, as delineated in Exhibit "A",
attached hereto.
Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
Section 4. That this being an Ordinance amending an
Ordinance which does not carry a penalty, and does not require
publication, it shall take effect immediately from and after its
passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
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AYES: Mayor
City Council
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
V
CITY ATTORNEY (2R,{/~ @~,
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
Sec. 114-76. Taxicab Driver's Permits.
(a) It shall be unlawful for any person to drive or operate a
taxicab unless they have a taxicab driver's permit issued by
the director.
(b) A person desiring the issuance of a taxicab driver's permit
shall make written application to the director upon a form
furnished by the director, which form shall contain the
following information:
(1) Full name, social security number and date of birth.
(2) Residence address and telephone number.
(3) The length of present residence of the applicant.
(4) State driver's license number and expiration date.
(5) Name of the taxicab business at which the applicant
proposes to be employed.
(6) The experience the applicant has had in driving a
taxicab.
(7) Whether the applicant has been convicted of a felony or
misdemeanor.
(8) Whether the applicant has read in full and understands
all applicable provisions of this article.
(9) Signature of applicant asserting the above information
to be true and correct.
(c) The director shall make an investigation of the character,
experience and qualifications of an applicant for a taxicab
driver's permit. Such investigation shall contain, but is
not limited to, the following:
(1) Full name, residence address, height, weight, eye
color, hair color, body and facial marks, physical
defects.
(2) Full fingerprints.
(3) Photograph, both front and side view.
(4) Driver's license record.
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(5) Local criminal record check.
(6) Current criminal history report.
(d) Any of the following criteria shall require denial or
revocation of a taxicab driver's permit:
(1) The applicant has made any materially false or
inaccurate statement on the application for such
permit;
(2) The applicant has three or more final convictions for
violation of any class C misdemeanor traffic laws or
ordinances (not to include parking violations) within a
12-month period immediately preceding the date of
application or during the term of the permit;
(3) The applicant has been convicted of a felony or any
crime involving moral turpitude.
(4) The applicant has been convicted of any crime
pertaining to the operation of a motor vehicle, within
the three years immediately preceding the date of the
application or during the term of the permit; or
(5) Whether the applicant now stands charged with the
commission of a felony or misdemeanor;
(6) The applicant has had a taxicab driver's permit revoked
within the two years immediately preceding the date of
application or during the term of the permit.
(e) If the director determines that the applicant is qualified
to drive or operate a taxicab within the city consistent
with such requirements, he shall issue a taxicab driver's
permit upon payment of fees as set forth in section 114-77.
{f) If the director verifies that an applicant has been
convicted of an offense which requires him to register as a
sex offender pursuant to Chapter 62 of the Texas Code of
Criminal Procedure, he shall immediately disqualify said
applicant from consideration.
{g) Once a permit has been issued, the director is required to
perform an annual criminal background check on all taxicab
permit holders.
(h) If the director verifies that a current permit holder has
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been convicted of an offense which requires him to register
as a sex offender pursuant to Chapter 62 of the Texas Code
of Criminal Procedure, he shall immediately notify the city
manager and conduct a hearing in connection with the
suspension or revocation of the existing taxicab permit.
(i) Appeal from an adverse decision by the director shall be
made in writing to the city manager within ten days of such
decision. The city manager shall review the investigation
made by the director. He may, in his discretion, hold a
hearing upon written notice to the appealing party. The city
manager shall make a written decision upholding or reversing
the decision of the director. The decision of the city
manager shall be final.
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