City Council Packet - 04/06/1981 TIGARD CITY COUNCIL
STUDY SESSION AGENDA
APRIL 6, 1931, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
1. ROLL CALL
2. TAXI ORDINANCE. A.MBNDMENT (FRA111CHISE) - City Administrator
3. DAVID CHURCH REQUEST - FINDINGS REGARDING DENIAL (12533 SW GRANT) - Planning Director
4 . TDC REQUEST FOR REVIEW OF PLANNING DEPARTMENT HOLD ON SUINQ4I:RFIELD #14
SUBDIVISION - .John Adams of TDC
5. RENEWAL INSURANCE FOR FIRE AND ROLLING EQUIPMENT - Finance Director
6. DISCUSSION - CITY ATTORNEY RESIGNATION AND SELECTION PROCESS FOR NEW ATTORNEY -
Request of Mayor
7. PROPOSAL. REGARDING COMPREHENSIVE SEWER STUDY - Director of Public Works
8. 1981 STREET OVERLAY PROGRAM - Director of Public Works
9. REVIEW CURRENT STATUS OF ANNEXATIONS & ISLANDS WITHIN THE CITY - Planning Director
10. AVAILABILITY OF ADDITIONAL CITY HALL RENTAL SPACE. - City Administrator
!I. O'1HER: (a) CONS!DE RAT lvI•- i1EMBERSHIP - NATIONAL LEAGUE OF CITIES - AS
REQUESTED BY LEAGUE OF OREGON CITIES - Request of Mayor
12. EXECUTIVE SESSION: The Council will go into executive session pursuant
to ORS 192.660 (2) (a) to discuss possible acquisition
of property.
13. ADJOURNMENT
T I G A R D C I T Y C O U N C I L
STUDY SESSION HINUTES - APRIL u , 1981 - 7 : 30
1 . ROLL CALL: Present : Mayor i,Tilbur Bishop , Councilmen Toni Brian ,
John Cook, Kenneth Scheckla ; Councilwoman Nancie
Stimler ; Legal Counsel , Joe Bailey ; City Administrator ,
Raeldon R . Barker; Public i,'orks Director , Franlc Currie ;
City Recorder/Finance Director , Doris Ilartig ; Planning
Director, Aldie Howard ( left 9 :45) .
2 . TAXI ORDINANCE AMENDMENT (FRANCHISE)
(a) City Administrator discussed the existing ordinance/ franchise
with Broadway Cab Company . lie further commented the City
Attorney had amended the ordinance , as requested by Council ,
to omit the criteria based on population and increased the
amount of insurance necessary for a taxi cab. The interested
taxi companies have been notified that Council was going to
consider this item tonight and suggested Council take input
regarding the proposed changes . Chuck Miles , representing
Broadway Cab Company explained the high cost of gasoline was
the reason it was not feasible to station cabs in the Tigard
area , but rather they rotate the cabs .
(b) Council and staff discussed adjusting the rate for a flat fee
per company for the entire fleet , inspection of cabs , difficulty
of administering the business license , permit and vehicle fees .
It was suggested this be combined into one rate . Concensus of
Council was to request staff to research and brim* back amend-
ments at a later date .
3 . DAVID CHURCH REQUEST - FINDINGS REGARDING DENIAL ( 12533 S .W. Crant)
(a) Planning Director stated it was not clear to him if Council
wished to send the matter back to Planning Commission for
rehearing or draft reasons for denial . Attorney Bailey stated
he had talked with Church ' s Attorney and is waiting further
word as to what they wanted to do . Bailey will attempt to get
more information and will bring back to Council on April 13 ,
1981 . Council concurred .
4. TDC REQUEST FOR REVIEW OF PLANNING DEPARTMENT HOLD ON SUMMERFIELD
#14 SUBDIVISION
(a) John Adams representing Tualatin Development Company spoke to
Council ; referring to his letter with attached exhibits , request-
ing Council re--affirm ordinance passed in 1973 regarding single
family housing and R-7 setbacks . He went on to say there were
12 lots involved and they proposed 10 ' setbacks with 5 ' side
yards and the issue is the front and sideyard setback.
(b) Planning Director explained his viewpoint stating it was a
matter of density and safety; he pointed out the development
in the area as it exists and how proposed. lie recommended 6
of the 14 lots have 20 ` front yard setbacks and adjust the
sideyard requirements. He referred to staff report dated
4/22/80. There was considerable discussion by staff? Council
and John Adams as to the status . ConcenSLIS of Council was to
have staff and Tualatin Development Company representative
try to reach a solution. Meeting was scheduled for Wednesday,
April 8 , 1981 at 11 :00 A.M.
5 . RENEWAL INSURANCE FOR FIRE AND ROLLING EQUIPMENT
(a) Finance Director reviewed memo and proposals requested by
Leonard Adams Insurance Agency. Final quote from J . G. Newman
had not been received at time of Council meeting
displayed an
and Councilman
Scheckla felt that since they had not previousl
interest in giving a quote they should not be considered at this
time . Council discussed the quotes received and since the final
quote was not known the matter was set-over to next Council meet-
ing for consideration. Councilman Brian commented he would
like to see city go out for bids on the liability portion of
the insurance program. Staff commented this would require some-
one with expertise in preparing and evaluating bids . Concensus
was to run a study on overall insurance package and get some
comparisons again.
6 . DISCUSSION - CITY ATTORNEY RESIGNATION AND SELECTION PROCESS FOR NEI.,
ATTORNEY
(a) Mayor Bishop acknowledged letter of resignation from City
Attorney Bailey and requested discussion fxoui Council . Council
discussed 1975 process in attorney selection , noting an
independent committee had reviewed all applicants and recom-
mended firms for Council interviews . Discussion centered how
to make it known the city has a position to be filled , how to
screen applicants , or approach someone who has expressed an
interest in the position and experience in municipal matters .
Mayor Bishop commented the applicant should have a strong land
use background in view of the review of our comprehensive plan
and LCDC compliance .
(b) Bailey suggested a consideration would be someone nearby who
would be available to staff. Attorney Bailey stated he would
set procedure in motion making the position known so city may
start receiving applications .
7 . NPO #1 's CONCERN WITH CHAPTER 18 . 25 HOME FOR THE AGED A70/80PD
ORDINANCE
(a) Pat Hutchinson, NPO #1 Chairman, referring, to informational
letter in council packet, commented to Council the NPO was
taking their concerns to the Planning Commission and were
working through proper channels . They only wanted to keep
Council informed of their concerns .
y � PAGE 2 ,�
STUDY SESSION COUNCIL MINUTES - April 6, 1981
s
Fi . PROPOSAL REGARDING COMPREHENSIVE SEWER STUDY
(a) Director of Public Works commented on his memo stating there
was not sufficient revenue in the 1980-81 budget to fund the
special project engineering technician, . It had been anticipat-
ed to fund some of his salary through "in-house" engineering
but this was not feasible as it involved the entire engineering
staff. He requested Council to allow the sewer fund to fund
the comprehensive sewer study and major street capital improve-
ment fund for implementation of comprehensive street develop-
ment and maintenance program for the months of April , May and
June 1931 .
(b) Motion by Councilman Cook , seconded by Councilwoman Stimler to
accept recommendation and adjust funding for r
year. est of fiscal
Motion carried b_v unanimous vote of Council . Staff: will
prepare formal resolution for Council approval .
9 . 1981 STREET OVERLAY PROGRAM
NWAM (a) Director of Public Works reviewed proposed list of streets
to be improved noting specific areas that would include
pedestrian/bikeway paths . He also pointed out some proposed
street overlays in areas where the city has jurisdiction of
only one-half of the street . It- is staff ' s intenti6l, to
complete the estimated $179, 748 work by the end of June 1981 .
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to
instruct staff to prepare necessary specifications and go out
to bid .
Motion carried by unanitnous vote of Council .
10 . REVTF?1%7 CURRENT STATUS OF ANNEXATIONS & ISLANDS WITHIN THE CITY
(a) Planning Director pointed out areas recently annexed by the
Boundary Commission, various sinal ] islands subject to Council
consideration, areas where petitions have been received and
interest expressed for potential petitions Council gave
direction as to areas they wished to consider at next regular
meeting. Staff to prepare resolutions .
Meeting recessed 9 :45 PIN
=..=F Planning Director left
Meeting reconvened 9 :55 PM
s 11 . AVAILABILITY OF ADDITIONAL CITY HALL RENTAL SPACE
(a) City Administrator stated city had expressed interest in leas-
ing space next to city hall . Contact %.i.th the realtor had been
PACE 3 - STUDY SESSION COUNCIL MINUTES - April 6 , 1981
y
made who stated he would keep staff informed if there was
any positive interest by another party in signing a lease .
However, it was learned this date that the space had been
signed for a five year lease and was not now available to
the city. Discussion by Council and staff centered on
remodeling costs , square foot rental costs and other available
space . Staff to check out and report back to Council .
12 . OTHER
(a) Mayor Bishop requested if Council was interested in joining
the National League of Cities . Cencensus was not to _loin.
(b) City Administrator reported the mee _'.r.g on flood insurance will
be held April 9 , 1951 at Fo/ler Jr . Hi�zh School . Also on the
same night the Community Development Block Grant Policy Advisory
Board will meet . Since neither Councilman Brian or the City
Administrator can attend this meeting , the City Administrator
suggested Council designate Linda Sargent , for the night only ,
to act as city representative to attend the Beaverton meeting .
Motion by Councilwoman Stimler to appoint Linda Sargent as
alternate representative for that night only; motion seconded
by Councilman Cook .
Motion carried by unanimous vote of Counc ' .
(c) Mayor Bishop announced there would be a meeting of interested
parties regarding the 72nd LID at Consolidated Supply Office
at 4: 30 P.M. Thursday, April 9 , 1951 . It is anticipated
Engineers Waker , Ginther, and Larry Rice of Washington County
will attend meeting .
(d) Director of Public Works requested Council direction regarding
several LID' s pending due to lack of city ' s ability to issue
warrants . S .W. Knoll Drive sewer , Tiedeman sewer and McDonald
Street street improvement , .Harvey King , S .W. 74th Street , LID
are projects pending . Recent developments have allowed city
to issue warrants and it was concensus of Councii to proceed
with projects .
`lotion by Councilwoman Stimler , seconded by Councilman Cool: to
proceed with mentioned LID' s to get work completed during the
1 summer months .
Motion carried by unanimous vote of Council .
(e) With respect to letter from NPO #1 , Councilman Brian pointed out
*: to Council , that the Assistant Planner had attended the meeting
and that the Planning Director had many other night meetings to
attend .
10 : 30 P.M. EXECUTIVE SESSION:
. { The Council went into executive session pursuant to
ORS 192 . 660 (2) (a) to discuss possible acquisition of
property.
r` PAGE 4 - STUDY SESSION COUNCIL MINUTES - April 6 , 1981
xr.
Council and staff discussed the possibility of acquiring additional
property for civic center complex . Consideration was given to need,
how to proceed , and gathering further data . Concensus was to dosign-
ate Councilperson to make contact and bring back further information.
13 . ADJOURNMENT: 10 :40 P .111.
City ecor-der
ATTEST:
Mayor
V:.
PAGE 5 - STUDY SESSION COUNCIL MINUTES - April 6 , 1981
`sir
THIS IS THE DRAFT OF A REVISED CHAPTER ON TAXICABS, WHICH WE DISCUSSED IN
FEBRUARY. THE OLD ORDINANCE, EDITED, HAS BEEN COPIED AND STAPLED TO THE NEW
DRAFT, SO THAT YOU CAN? SEE WHAT CHANGES HAVE BEEN 14ADE WITHOUT DOING A
PARALLEL READING OF THE DRAFT AND THE EXISTING ORDINANCE.
JOE BAILEY
t( Chapter 5.08
TAXICABS*
Sections :
5.08.010 Definitions.
5.08.020 Permit--Required.
5.08.030 Permit--Cancellation--Notice--Hearing required.
5.08.040 Permit--Issuance criteria.
5.08.050 Permit--Fees. `
5.08.060 Permit--Information requiring filing.
5.08.070 Permit--Application--Vehicle inspection.
5.08.080 Permit--Contents.
5.08.090 Rate schedule--Designated.
5.08.100 Rate schedule--Effective date. a
5.08.110 Refusal to pay rates unlawful.
5.08.120 Driver identification card.
5.08.130 Rate schedule--Posting requirements.
5.08.140 Permit--Transfer.
* For statutory provisions allowing cities to take all
i_ . action necessary or convenient for the governing of its
local affairs, see ORS 221. 410 .
46/47 (Tigard 7/15/'78)
5. 08 .010--5.08 .030
5.08.010 Definitions. (a) "Person" wherever used in
this apter means and includes natural persons of either
sex, firms, copartnerships, associations and corporations
whether acting by themselves or by servant, agent or employ-
ee, and the singular includes the plural and the masculine
pronoun includes the feminine.
(b) "Taxicab" wherever used in this chapter means and
includes every motor vehicle having a seating capacity of
five passengers or less as per manufacturer' s ratings used
for the transportation of passengers for hire and not oper-
ating exclusively over a fixed and definite ro-3te.
(c) "Motor vehicle" when used in this chapter means
and includes every self-propelled vehicle by or upon which
any person or persons may be transported or carried upon any
public highway, street or alley, excepting vehicles used ex-
clusively upon stationary rails or tracks.
(d) "Taxicab business" when used in this chapter means
a business entity consisting of a sole proprietorship, co-
partnership or corporation engaged in the operation of one
or more powered vehicles as a taxicab as hereinabove defined.
(e) ���%rmit" when used in this chapter means a
franchise to co=nduct a taxicab business, and _-Na�1
e"'be&i'�'®S"'�e zcc-
b J-bQ l_.aC} Cens,is_taad
5.08.020 Permit--Required. It is unlawful for any per-
son to engage in-ataxicab business within the city without
first securing a permit for the conduct of a taxicab business
under the provisions of this chapter, ---a-
s ,
5.08. 030 Permit--Cancellation--Notice--Hearing required.
Any permit issued for the conduct of a taxicab business under
the terms of this chapter may be cancelled by the city council
after notice to the permittee and affording permittee a hear-
ing before the city council if requested in writing, for any
of the following causes:
(1) Wilful violation of the terms and conditions of
this chapter;
(2) Knowingly authorizing or permitting any person to
operate a taxicab in the city in, violation of regulatory or
statutory requirements pertinent to the registration or li-
censing of vehicles or operators;
(3) Knowingly employing a person of ill-repute or dis-
repute, or of known criminal' propensities, or who is under
t r
48
5.08 .040--5 .08.060
suspension of his driver' s credentials by the state of Oregon
for any reason. (Ord. 69-76 53, 1969)1.
5. 08.040 Permit--Issuance criteria. The city recorder
may issue a business permit for the operation of a taxicab
business in the city subject to the following criteria:
�.t. r%ems t £rte car-13 Tou 1 a'-i e; iani—:.'e
F—ee i a -per-tie t
n f QrP$g -
( t)(�) A permittee holding - permits- in
go o$ standing to operate a taxicab business in the city, whose
application for renewal is received on or before June 20th of
each year with respect to the next forthcoming fiscal year,
shall be entitled to renewal of the permit (} then in effect.
1--have the right of `i rs - - o
mayla a c cm a a >>i
a—p r*- +koro,.r
Z.)4-3� All applications. from prospective operators of a
taxicab business who do not hold a permit in good standing
at the time of applicatior}k shall be subject to prior ap-
proval of the city councilt
(vj�t� All permits to operate a taxicab business in
thec ty shall expire at the close of June 30th of each cal-
endar year, subject to renewal as -hereinabove stated;
_ baseEl _ of
rive
�m�-� t O'�-�P'lai�'r'�- `-- --_ ^f� �G1 6LtiC�-.f.�.Qra+•nr ($�..
5. 08.050 Permit--Fees. All "t permits to conduct a
taxicab business in the city shall be issued, where otherwise
authorized hereunder, on an annual basis at the rate of
twenty-five dollars.
_L
L
In addition, each permittee shall pay the further sum of
five dollars per vehicle for each vehicle to be operated by
the permittee,
-s-tet �ermits shall not be prorated as to any portion of
a fiscal year; provided, however, that vehicle permits shall
be issued at the rate of fifty percent of the annual fee per
vehicle for vehicles placed into service January 1st or
thereafter for each fiscal year. (Ord. 69-76 S5, 1969) .
5.08.060 Permit--Information requiring filing. Any
person holding a permit to operate a taxicab business within
the city shall file with the city recorder the following,
49
i
08 . 070--5.08 -080
JIL
r which shall a maintained on a current status as a provision
of franchis ,
(1) Th license number o vehicles so used, along with
the serial d/or motor number make and model of the vehicles;
(2) 'T e names, ages and hauffeur's license number of
each operat r or driver; %
(3) C rtificate of irsur nce showing liability coverage
in an amou not less than '� thousand dollars for one
person, thousand dollars for one accident, and twenty
thousand dollars for property damage, together with proof
that current premiums are paid and that the policy is in full
force and effect. (Ord. 69-76 S6, 1969) .
5:08.070 Permit--Application--Vehicle inspection. All
applications for a permit to operate a taxicab business in
the city shall be filed with the city recorder, and if the
granting of the application shall be authorized under the
terms of this chapter, the recorder shall proceed to have
each vehicle as described in the application examined by the
chief of police, or such other person as the city administra-
tor shall designate, to determine its adequacy and suitability
for use as a taxicab in the city. If the applj•cant's equip-
ment is suitable for the purpose and in safe condition for
use as a taxicab, in the opinion of the police chief, and the
applicant otherwise meets the requirements hereof, the appli-
cation may be approved 'by the city administrator and the
recorder may thereupon issue the permit to operate a taxicab.
business.
In the event that the equipment shall not be approved by
the chief of police, or if the city administrator shall dis-
approve the application for any reason within the purview of
this chapter, the city administrator shall place the applica-
tion on the agenda for consideration by the city council at
its next scheduled meeting.
Any additional vehicles proposed to be operated as taxi-
cabs by a permittee hereunder shall be subject to inspection
by the chief of police and shall not be placed into service
unless so approved. (Ord. 69-76 97, 1969) .
5.08.080 Permit--Contents. Each permit issued to oper-
ate a taxicab business in the city, shall have printed or
typed thereon the number of the business permit, the period
for which the permit fee is paid, the name of the permittee,
and the following data with respect to each taxicab to be
operated under authority of such permit:
Make Legal owner of vehicle
Serial number Registered owner of vehicle.
State license number
(Ord. 69-76 58, 1969) .
r '
50
5. 08. 090--5.08. 100
5.08.090 Rate schedule--Designated. The following
schedule of rates shall be charged and collected for the
transportation of pas5engers in taxicabs for trips within
the city and within three miles from the city limits, and it
is unlawful for any charge in excess thereof to be made.
All fares shall be determined by a taximeter, to be
inspected by the chief of police annually, except those
allowed by subsection (6) of this section.
(1) An initial flag-drop charge of one dollar;
(2) Subsequent to the initial flag-drop charge provided
for in subsection (1) , the maximum rate shall be ten cents for
each one-twelfth mile or fraction thereof and/or waiting time
for each one minute or less;
(3) For each extra passenger over twelve years of age,
fifty cents additional charge;
(4) Waiting time at the rate of twelve dollars per hour
shall include the time when the taxicab is not moving, begin-
ning with the time of arrival at the place to which the taxi-
cab has been called, or the time consumed while the taxicab
is standing or waiting at the direction of the passenger, or
forced to stand because of prevailing traffic conditions.
NO %hcai g t z. � do 0" �c=cc un L. ---
yc s„a�1 be i«d c�i time lost on account
of inefficiency of the taxicab or its operation, or time
i consumed by premature response to a call;
(5) No charge shall be made for traveling without
passenger, unless the taxicab has been engaged for messen-
ger service, in which event the rates applicable to a single
passenger shall be the maximum charge therefor. Delivery
service rate shall be four dollars for the first mile and
one dollar per mile up to fifteen miles and one dollar and
twenty cents thereafter;
(6) A service charge of one dollar shall be made for
calls refused after being ordered. (Ord. 79-99 Schedule A,
1979: Ord. 79-94 Schedule A, 1979 : Ord. 77-82 Schedule A
1977: Ord. 76-19 Schedule A, 1976 : Ord. 72-64 Schedule A,
1972: Ord. 69-76 Schedule A, 1969) .
5.08. 100 Rate schedule--Effective date. The rates set
forth in Section 5.08. 090 fo'r taxicab service to be rendered
by any business permittee pursuant to the terms of this chap-
ter are effective October 27 , 1969 , and remain in effect
until modified or changed by amendment to this chapter, and
no other or different rates shall at any time be charged or
collected for taxicab service hereunder either directly or
indirectly. (Ord. 69-76 §9 , 1969) _
51 (Tigard 1/15/80)
• 5. 08.110
S 08 110 Refusal to pay rates unlawful. it is unlawful
for any person to fail or refuse to pay zre rates herein fixed
and provided for after having hired taxicab service. A phone
order for taxi service at a given address shall constitute
the hiring of a taxicab. A person, or persons, refusing to
d
�l •
51_1 (Tigard 1/15/77).
5 _ 08 .120--5. 10. 010
i
! ride after hiring a taxi must pay a service charge in accord-
i
" ance with Section 5. 08. 090. (Ord. 69-76 §10, 1969) .
5.08. 120 Driver identification card. All persons em-
ployed by the holder of a business permit hereunder to oper-
ate taxicabs under the terms and provisions hereof, shall
meet all requirements of the Oregon Motor Vehicle Code for
taxicab operators and shall at all times conduct themselves
in a respectful and courteous manner. An identification card,
to be approved by the chief of police, including the name and
photograph of all operators, shall be posted in each vehicle
so as to be readily visibld to any passenger. (Ord. 69-76
§Il, 1969) .
1
5.08. 130 Rate schedule--Posting requirements. Each ve-
hicle shall have posted in a conspicuous place a card listing
the rates and charges as established by this chapter where
such. rates may be easily read and understood by passengers .
(Ord. 69-76 §12, 1969) .
5.08. 140 Permit--Transfer. Any permit issued hereunder
snail be nonassi amble. except tLi= t if the proposed assignee
shall make similar application to the city recorder and shall
f- meet all terms and conditions hereof, upon approval of the
proposed assignment by the city council a transfer of all
rights and privileges may be authorized. (Ord. 69-76 §13,
1969) .
Chapter 5.10
DETECTIVES .AND DIE RCHAN POLICE
Sections :
5. 10. 010 De 'nition
5. 10. 020 Lice e.
5 . 10. 030 Qualif ations of applicant and employees
and t rmi ation of employees.
5. 10. 040 Inv tigati of applicants.
5. 10. 050 1 uance of 1 ' ense.
5. 10. 060 ond.
5 . 10. 070 Revocation of lic se.
5. 10. 0 Notice of terminate by licensee .
5 . 10. 90 Uniform.
5.1 . 100 Cooperation with police partment.
5. 0. 110 Compliance.
5. 10. 010 Definitions. (a) "Private de ctive" means
a etective engaged by an individual, firm or co oration
52 (Tigard 2/25/74 )
CITY OF TIGARD, OREGON
ORDINANCE NO. 81-
AN ORDINANCE AMENDING CHAPTER 5.08 OF THE TIGARD MUNICIPAL CODE RELATING
TO TAXICABS, DISCONTINUING THE CITY'S CONTROL OF THE NUMBER OF TAXICABS
AND TAXICAB BUSINESSES FOR WHICH PERMITS MAY BE ISSUED BY THE CITY
The City Council has received applications from persons other
than the owners of the one existing taxicab business permittee within
the City, and after deliberation has decided to discontinue the City's
former policy of issuing taxicab permits to only a certain number of
taxicabs, the number being based on one taxicab for each five thousand
residents of the City.
The City Council has also determined that it is advisable to
require liability insurance limits higher than those presently imposed
under 5.08.060.
NOW, THEREFORE, the City of Tigard does ordain as follows:
Chanter 5.08 of the Tigard Municipal Code, Taxicabs, is amended
to read as follows:
S '
See Exhibit "A"
PASSED: by vote of the City Council this day of ,
1981.
City Recorder
APPROVED: by the Mayor this day of , 1981.
Mayor
ORDINAJNCE No. 81-
EXHIBIT "A"
� Chapter 5.08
TAXICABS*
Sections :
5.08.010 Definitions.
5.08.020 Permit--Required.
5.08.030 Permit--Cancellation--Notice--Hearing required.
5.08.040 Permit--Issuance criteria.
5.08.050 Permit--Fees.
5.08.060 Perrzit--Information requiring filing.
5.08.070 Permit--Application--Vehicle inspection.
5.08.080 Permit--Contents.
5.08.030 Rate schedule--Designated.
5.08.100 Rate schedule--Effective date.
5.08. 110 Refusal to pay rates unlawful.
5.08.120 Driver identification card.,
5.08 .130 Rate schedule--Posting requirements.
5.08. 140 Permit--Transfer.
* For statutory provisions allowing cities to take all
action necessary or convenient for the governing of its
local affairs, see ORS 221. 410 .
46/47 (Tigard 7/15/78)
5.08.010--5.08.030
7
t 5.08.010 Definitions. (a) "Person" wherever used in
this chapter means and includes natural persons of either sex,
firms, copartnerships, associations and corporations whether
E acting by themselves or by servant, agent or employee, and
the singular includes the plural and the masculine pronoun
includes the feminine.
(b) "Taxicab" wherever used in this chapter means and
includes every motor vehicle having a seating capacity of
five passengers or less as per manufacturer's ratings used
for the transportation of passengers for hire and not oper-
ating exclusively over a fixed and definite route.
(c) "Motor vehicle" when used in this chapter means
and includes every self-propelled vehicle by or upon which
any person or persons may be transported or carried upon any
public highway, street or alley, excepting vehicles .used
exclusively upon stationary rails or tracks.
(d) "Taxicab business" when used in this chapter means
a business entity consisting of a sole proprietorship, co-
partnership or corporation engaged in the operation of one
or more powered vehicles as a taxicab as hereinabove defined.
(e) "Permit" when used in this chapter -means a fran-
chise to conduct a taxicab business.
5.08.020 Permit--Required. It is unlawful for any per-
son to engage in a taxicab business within the city without
first secu__r-enc a permit for t::c conduct of a taxicab
business under the provisions of this chapter.
5.08.030 Permit--Cancellation--Notice--bearing required.
Any permit issued for the conduct of a taxicab business under
the terms of this chapter may be cancelled by the city council
after notice to the permittee and affording permittee a hear-
ing before the city council if requested in writing, for any
of the following causes:
(1) Willful violation of the terms and conditions of
this chapter;
(2) Knowingly authorizing or permitting any person to
operate a taxicab in the city in violation of regulatory or
statutory requirements pertinent to the registration or
licensing of vehicles or operators;
(3) Knowingly employing a person of ill repute or
disrepute, or of known criminal propensities, or who is under
48
5.08.040--5.08.060
suspension of his driver's credentials by the state of Oregon
for any reason. (Ord. 69-76 53, 1969) f.:.
5.08.040 Permit--Issuance criteria. The city recorder
may issue a business permit for the operation of a taxicab
business in the city subject to the following criteria:
(1) A permittee holding a permit in good standing to
operate a taxicab business in the city, whose application for
renewal is received on or before June 20 of each year with
respect to the next forthcoming fiscal year, shall be entitled
to renewal of the permit then in effect.
(2) All applications from prospective operators of a
taxicab business who do not hold a permit in good standing
at the time of application shall be subject to prior
approval of the city council.
(3) All permits to operate a taxicab business in the
city shall expire at the close of June 30 of each calendar
year, subject to renewal as hereinabove stated.
5.08.050 Permit--Fees. All permits to conduct a taxi-
cab business in the city shall be issued, where otherwise
authorized hereunder, on an annual basis at the rate of
twenty-five dollars.
In addition, each permittee shall pay the further sum of
five dollars per vehicle for each vehicle to be operated by
the permittee.
Permits shall not be prorated as to any portion of a
fiscal year; provided, however, that vehicle permits shall
be issued at the rate of fifty percent of the annual fee per
vehicle for vehicles placed into service January 1 or there-
after for each fiscal year. (Ord. 69-76 SS, 1969)
5.08.060 Permit--Information requiring filing. Any
person holding a permit to operate a taxicab business within
the city shall file with the city recorder the following,
which shall be maintained on a current status as a provision
of franchise:
49
5.08.070--5.08.080
(1) The license number of vehicles so used, along with
the serial and/or motor number, make and model of the vehicles;
(2) The names, ages and chauffeur 's license number of
each operator or driver;
(3) Certificate of insurance showing liability coverage
in an amount not less than one hundred thousand dollars for one
person, three hundred thousand dollars for one accident, and
twenty thousand dollars for property damage, together with
proof that current premiums are paid and that the policy is in
full force and effect. (Ord. 69-76 S6, 1969)
5.08.070 Permit--Application--Vehicle inspection. All
applications for a permit to operate a taxicab business in the
city shall be filed with the city recorder, and if the granting
of the application shall be authorized under the terms of this
chapter, the recorder shall proceed to have each vehicle as
described in the application examined by the chief of police,
or such other person as the city administrator shall designate,
to determine its adequacy and suitability for use as a taxi-
cab in the city. If the applicant's equipment is suitable
for the purpose and in safe condition for use as a taxicab,
in the opinion of the police chief, and the applicant other-
wise meets the requirements hereof, the application may be
approved by the city administrator and the recorder may
" thereupon issue the permit to operate a taxicab business_
In the event that the equipment shall not be approved by
the chief of police, or if the city administrator shall dis-
approve the application for any reason within the purview of
this chapter, the city administrator shall place the appli-
cation on the agenda for consideration by the city council at
its next scheduled meeting.
Any additional vehicles proposed to be operated as taxi-
cabs by a permittee hereunder shall be subject to inspection
by the chief of police and shall not be placed into service
unless so approved. (Ord. 69-76 §7, 1969. )
5.08.080 Permit--Contents. Each permit issued to
operate a taxicab business in the city, shall have printed or
typed thereon the number of the business permit, the period
for which the permit fee is paid, the name of the permittee,
and the following data with respect to each taxicab to be
operated under authority of such permit:
Make Legal owner of vehicle
Serial number Registered owner of vehicle
State license number
(Ord. 69-76 S8, 1969. )
50
5.08.090--5. 08. 100
5.08.090 Rate schedule--Designated. The following
schedule of rates shall be charged and collected for the
transportation of passengers in taxicabs for trips within
the city and within three miles from the city limits, and it
is unlawful for any charge in excess thereof to be made.
All fares shall be determined by a taximeter, to be
inspected by - the chief of police annually, except those
allowed by subsection (6) of this section.
(1) An initial flag-drop charge of one dollar;
(2) Subsequent to the initial flag-drop charge provided
for in subsection (1) , the maximum rate shall be ten cents for
each one-twelfth mile or fraction thereof and/or waiting time
for each one minute or less;
(3) For each extra passenger over twelve years of age,
fifty cents additional charge; 0.
elve dollars per hour
(4) Waiting time at the rate of tw
shall include the time when the taxicab is not moving, .begin-
ning with the time of arrival at the place to which the taxi-
cab has been called, or the time consumed while the taxicab
is standing or waiting at the direction of the passenger, or
forced to stand because of prevailing traffic conditions.
No charge shall be made on account of time lost on account
of inefficiency of the taxicab or its operation, or time
consumed by premature response to a call;
(5) No charge shall be made for traveling without
passenger, unless the t?xi .cab has been engaged for messen-
ger service, in which event the rates applicable to a single
passenger shall be the maximum charge therefor. Delivery
service rate shall be four dollars for the first mile and
one dollar per mile up to fifteen miles and one dollar and
twenty cents thereafter;
(6) A service charge of one dollar shall be made for
calls refused after being ordered. (Ord. 79-99 Schedule A,
1979: Ord. 79-94 Schedule A, 1979 : Ord. 77-82 Schedule A
1977: Ord. 76-19 Schedule A, 1976: Ord. 72-64 Schedule A,
1972: Ord. 69-76 Schedule A, 1969) .
5.08. 100 Rate schedule--Effective date. The rates set
forth in Section 5.08.090 for taxicab service to be rendered
by any business permittee pursuant to the terms of this chap-
ter are effective October 27, 1969 , and remain in effect
-until modified or changed by amendment to this chapter, and
no other or different rates shall at any time be charged or
collected for taxicab service hereunder either directly or
indirectly. (Ord. 69-76 g"9 , 1969) .
51 (Tigard 1/15/80)
5..08.110
5 08 110 Refusal toffy rates unlawful. it is unlawfIll
for any person ,to fail or refuse to pay the rates herein fixed
and provided for after having hired taxicab service. A phone
order for taxi service at a given address shall constitute
the hiring of a taxicab. A person, or persons, refusing to
4
r
1 J �
51-1 (Tigard 1/15/77)
5 . 08 . 120--5. 10 . 010
ride after hiring a taxi must pay a service charge in accord-
ance with Section 5. 08. 090. (Ord . 69-76 X10, 1969) .
5.08. 120 Driver identification card. All persons em-
ployed by the holder of a business permit hereunder to oper-
ate taxicabs tinder the terms and provisions hereof, shall
meet all requirements of the Oregon Motor Vehicle Code for
taxicab operators and shall at all times conduct themselves
in a respectful and courteous manner. An identification card,
to be approved by the chief of police, including the Name and
photograph of all operators, shall be posted in each vehicle
so as to be readily visible to any passenger. (Ord. 69-76
§11, 1969) .
5.08.130 Rate schedule--Post-',ng requirements . Each ve-
hicle shall have posted in a conspicuous place a card listing
the rates and charges as established by this chapter where
such. rates may be easily read and understood by passengers.
(Ord. 69-76 §12, 1969) .
5.08. 140 Permit--Transfer. Any permit issued hereunder
shall be nonassignable, except that if the proposed assignee
shall make similar application to the city recorder and shall
meet all terms and conditions hereof, upon approval of the
proposed assignment by the city council a transfer of all
rights and privileges may be authorized. (Ord. 69-76 §13;
1969) .
Chapter 5.10
\ DETECTIVES AND MERCHANT PICE
Sections :
5. 10. 010 Defi "tions.
5 . 10. 020 Licens
5 .10. 030 Qualifi ions of applicant and employees
and t mina "on of employees.
5. 10. 040 Inv tigation f applicants.
5 = 10. 050 I uance of lice e .
5 . 10. 060 ond.
5 . 10. 07 Revocation of license.
5. 10. 0 Notice of termination b licensee .
5 . 10 90 Uniform.
5. . 100 Cooperation with police depa ent.
.10. 110 Compliance.
5 . 10. 010 Definitions. (a) "Private detectiv " means
detective engaged by an individual, firm or corpora on
52 (Tigard 2/25/74 )