(A) Before any permit shall be issued to any owner of any taxicab or limousine, or before any renewal or permit shall be granted, such owner shall be required to file with the City Secretary and thereafter keep in full force and effect, a motor vehicle liability insurance policy insuring the public against any loss or damage that may result to any person, persons, or property in the operation of each permitted vehicle.
(1) The policy shall be issued by an insurance company duly authorized to do business in Texas and performable in Bell County, Texas, and shall name the City of Harker Heights as a certificate holder. The policy shall be endorsed to provide that the issuing company will mail written notice to the City Secretary not less than 30 days prior to any cancellation of the policy which occurs before the expiration date thereof.
(2) The maximum amount of recovery in such policy of insurance shall not, as to each and every vehicle, be less than the amounts specified in the Texas Motor Vehicle Safety Responsibility Act, as then amended.
(3) The City Council shall have the right to approve: the form of the policy; all endorsements, certificates, and other evidence of coverage; the amount of any deductibles or self-insured retention amounts under the insurance; and the creditworthiness and ratings of the company issuing such insurance.
(B) The above-described public liability insurance shall be for the protection of the passengers of such vehicles and for the public and need not cover personal injuries sustained by the servants, agents, or employees of the policy-owner. All policies of insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon.
(C) Such public liability insurance shall further provide that no action shall lie thereon against the insurance company until after a final judgement in favor of the injured or damaged person or persons, and against the owner of the taxicab or limousine, not pending an appeal or writ of error, is, and remains, satisfied.
(D) In the event that the Council shall deter- mine, after a hearing, and after three day's notice given a permit holder, that any insurance given by any permit holder has become impaired, so as to afford less protection to the public than is required by this chapter, it may require a new or additional policy, so as to bring the protection of such insurance to its required amount, and the permit holder shall, within five days after receiving written notice of such requirement, provide the required new or additional policy, failing which, the permit shall automatically terminate. In the event that any insurer may desire to be released form any policy, he must give written notice of such desire to the City Manager at least ten days before he desires his liability released, and the City Manager shall thereupon, by personal delivery or by mail, give written notice to any such permit holder and demand that such holder furnish new insurance by the expiration of the ten-day period provided.
(E) In the event any policy shall be cancelled, upon the request of the insurer, and no new policy is filed by the permit holder before the cancellation of the original insurance, then the permit to operate taxicabs or limousines granted to such permit holder shall be automatically revoked; neither the city nor any officer thereof shall be held liable for the pecuniary responsibility of solvency of any such insurer, or in any manner become liable for any sum on account of any such claim or act or omission relating to any such taxicab or limousine, nor shall liability of any person owning or operating any such taxicab or limousine be in any manner limited or changed in connection with this chapter or such permit or insurance.
(Ord. 94-36, passed 8-23-94; Am. Ord. 2006-08, passed 4-11-06) Penalty, see § 118.99