Loading...
HomeMy WebLinkAbout05815 ORD - 07/20/1960BWS:AH:7 -11 -60 AN ORDINANCE AMENDING CHAPTER 36, ARTICLE II OF THE CORPUS CHRISTI CITY CODE OF 1958 PERTAINING TO DRIVER- LESS AUTOMOBILES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. CHAPTER 36, ARTICLE II, SECTION 36 -92 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -92. DECLARATION OF POLICY. THE USE OF THE STREETS OR THOROUGHFARES OF THE CITY BY ANY PERSON FOR THE PURPOSE OF OPERATING OR CAUSING TO BE OPERATED THEREON ANY DRIVERLESS AUTOMOBILE IS HEREBY DECLARED TO BE A PUBLIC FRANCHISE OR PRIVILEGE IN THE NATURE OF A FRANCHISE, AND A BUSINESS, OCCUPATION AND PUBLIC UTILITY, THE EXERCISE OF WHICH IS CONDITIONED UPON AND SUBJECT TO THE GRANT, AUTHORIZATION, LICENSE AND REGULATION BY ORDINANCE OF THE CITY COUNCIL AND NO PERSON SHALL MAKE SUCH USE OF THE STREETS OR HIGHWAYS OF THE CITY OR EXERCISE THEREON ANY SUCH FRANCHISE OR PRIVILEGE OF OFFERING FOR HIRE OR LEASE, OR OF HIRING OR LEASING, FOR USE ON OR OVER ANY STREET, ALLEY OR THOROUGHFARE OF THE CITY, ANY SUCH DRIVERLESS AUTOMOBILE ON THE STREETS OR HIGHWAYS, UNLESS THE HIRING OR LEASING, OR OFFERING FOR HIRE OR LEASE, OF SUCH VEHICLE SHALL HAVE BEEN FIRST AUTHORIZED BY THE GRANT OF SUCH FRANCHISE OR PRIVILEGE, AND A WRITTEN LICENSE ISSUED UNDER THE AUTHOR- ITY OF AN ORDINANCE OF THE CITY COUNCIL AND UNLESS SUCH PERSON SHALL THEREAFTER COMPLY WITH ALL REGULATIONS OF SUCH MATTERS NOW OR HEREAFTER LAWFULLY ESTABLISHED AND IN EFFECT BY ORDINANCE OF THE CITY COUNCIL. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN THE BUSINESS IN THE CITY OF HIRING OR LEASING OR OF OFFERING FOR HIRE OR LEASE ANY DRIVERLESS AUTOMOBILE UNLESS A WRITTEN FRANCHISE BE SECURED, AND A PUBLIC LIABILITY INSURANCE POLICY OR CASH OR SECURITY IN LIEU THEREFOR, AS HEREIN PROVIDED, BE FIRST GIVEN BY THE HIRER OR LESSOR." SECTION 2. CHAPTER 36, ARTICLE 11, SECTION 36 -92 IS FURTHER AMENDED BY THE ADDITION THERETO OF SECTION 36 -92 -A, WHICH SHALL PROVIDE AS FOLLOWS: "SEC. 36 -92 -A. ADMINISTRATIVE FEE. AN ADMINISTRATIVE FEE OF $ PER YEAR IS HEREBY IMPOSED AGAINST EACH FRANCHISE HOLDER TO DEFRAY THE COST OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE." SECTION 3. CHAPTER 36, ARTICLE II, SECTION 36 -93 IS HEREBY REPEALED IN ITS ENTIRETY. 5815 t SECTION 4. CHAPTER 36, ARTICLE II, SECTION 36 -94 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -94. SAME -- APPLICATION; NOTICE OF HEARING. ANY APPLICANT FOR 'A DRIVERLESS AUTOMOBILE FRANCHISE UNDER THE PROVISIONS OF THIS ARTICLE SHALL MAKE PROPER APPLICATION THEREFOR ON BLANKS TO BE FURNISHED BY THE INSPECTOR OF TAXICABS AND IMMEDIATELY UPON FILING OF SUCH APPLICATION, THE INSPECTOR OF TAXICABS SHALL CAUSE A NOTICE TO BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE CITY. THE COST OF PUBLICATION OF SUCH NOTICE SHALL BE ADVANCED IN FULL BY THE APPLICANT. SUCH NOTICE SHALL STATE THAT APPLICATION HAS BEEN FILED FOR A DRIVERLESS AUTOMOBILE FRANCHISES SETTING FORTH THE NAME OF THE APPLICANT, KIND OF EQUIPMENT AND THE OWNERSHIP OF THE SAME, AND ALL OTHER PERTINENT DATA SETFDRTH IN THE APPLICATION WHICH THE CITY COUNCIL MAY DEEM NECESSARY. SUCH PUBLICATION SHALL CONSTITUTE A NOTICE TO ALL HOLDERS OF THE EXISTING DRIVERLESS AUTOMOBILE FRANCHISES THAT A PUBLIC HEARING WILL BE HELD BY THE INSPECTOR OF TAXI- CABS AT A PUBLIC PLACE IN THE CITY TO BE DESIGNATED BY THE INSPECTOR OF TAXICABS IN SUCH NOTICEI AND AT A DES- IGNATED TIME GIVEN IN SUCH NOTICE. SUCH DESIGNATED TIME SHALL NOT BE LESS THAN FIVE DAYS NOR MORE THAN FIFTEEN DAYS AFTER THE DATE OF THE FIRST PUBLICATION OF THE NOTICE; AND NOTICE SHALL BE PUBLISHED FOR THREE SUCCESSIVE DAYS. ALL HOLDERS OF DRIVERLESS AUTOMOBILE FRANCHISES, OR ANY OTHER CITIZEN, SHALL THEREUPON BE ENTITLED TO FILE ANY COMPLAINTS OR PROTESTS THAT THE PARTY MAY SEE FIT. IN ALL SUCH HEARINGS, THE BURDEN OF PROOF SHALL BE UPON THE APPLICANT TO ESTABLISH BY CLEARS COGENT AND CONVINCING EVIDENCE THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED SERVICE." SECTION 5. CHAPTER 36, ARTICLE III SECTION 36 -95 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -95. SAME -- PUBLIC CONVENIENCE AND Nrrrclll, ­­,- IN DETERMINING WHETHER PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FRANCHISE FOR SUCH DRIVERLESS AUTOMOBILE BUSI- NESS FOR WHICH APPLICATION MAY BE MADE, THE INSPECTOR OF TAXICABS SHALL TAKE INTO CONSIDERATION WHETHER THE DEMANDS FOR PUBLIC CONVENIENCE AND NECESSITY REQUIRE SUCH PROPOSED OR ADDITIONAL DRIVERLESS AUTOMOBILE SERVICE WITHIN THE CITY; THE FINANCIAL RESPONSIBILITY OF THE APPLICANT; THE NUMBERI KIND] TYPE AND OWNERSHIP OF EQUIPMENT] AND THE COLOR SCHEME TO BE USED BY THE APPLICANT; THE INCREASED TRAFFIC CONGESTION ON THE STREETS OF THE CITY WHICH MAY RESULT AND WHETHER THE SAFE USE OF THE PUBLIC STREETS OF THE CITY BY THE PUBLIC2 BOTH VEHICULAR AND PEDESTRIAN, WILL BE UNDULY ENDANGERED BY THE GRANTING OF SUCH ADDITIONAL FRANCHISE; AND SUCH OTHER RELEVANT FACTS AS THE CITY COUNCIL MAY DEEM ADVISABLE OR NECESSARY WHICH MAY THROW LIGHT ON THE PUBLIC NECESSITY AND CONVENIENCE." -2- SECTION 6. CHAPTER 36, ARTICLE III SECTION 36 -96 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36,96. SAME -- ISSUANCE GENERALLY. IF THE INSPECTOR OF TAXICABS FINDS FROM HIS INVESTI- GATION AND HEARING THAT THE PUBLIC CONVENIENCE AND NECESSITY JUSTIFY OR REQUIRE THE FRANCHISE FOR WHICH APPLICATION IS MADE, HE SHALL NOTIFY THE APPLICANT AND THE EXISTING FRANCHISE HOLDERS OF HIS FINDINGS AND WITHIN FIVE DAYS THEREAFTER THE APPLICANT SHALL PRO- VIDE OR CAUSE TO BE PROVIDED A WRITTEN FRANCHISE PREPARED IN THE FORM AUTHORIZED HEREIN, WHICH FRANCHISE SHALL THEN BE PLACED ON THE AGENDA OF THE NEXT REGULAR CITY COUNCIL MEETING TO BE READ THE FIRST TIME, AND THERE - AFTER, SAID FRANCHISE SHALL BE CONSIDERED IN THE SAME MANNER AS ANY OTHER FRANCHISE WHICH MAY BE CONSIDERED BY THE CITY COUNCIL. NOTHING HEREIN SHALL BE CONSTRUED AS IMPOSING ANY RESTRICTIONS ON THE CITY COUNCIL, WHICH BY LAW CANNOT BE IMPOSED, IN CONNECTION WITH THE GRANTING OR REFUSING OF ANY FRANCHISE; AND NOTHING HEREIN SHALL PREVENT ANY FRANCHISE HOLDER FROM OPPOSING THE APPLICANT BEFORE THE CITY COUNCIL." SECTION 7. CHAPTER 36, ARTICLE III SECTION 36 -97 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -97. SAME -- INSPECTION OF VEHICLES AND PAYMENT OF AD VALOREM TAXES REQUIRED. AFTER THE FRANCHISE HAS BEEN GRANTED AFTER THREE READINGS THEREOF THE TAXICAB INSPECTOR SHALL IMMEDIATELY BE NOTIFIED BY THE CITY SECRETARY, AND THE TAXICAB IN- SPECTOR SHALL, AS SOON AS POSSIBLE, EXAMINE AND INSPECT THE AUTOMOBILES TO BE USED BY THE FRANCHISE HOLDERS AND; IF IN GOOD OPERATING CONDITION, AND THE NEW FRANCHISE HOLDER HAS DELIVERED THE INSURANCE POLICIES OR CASH DEPOSITS REQUIRED UNDER THIS ORDINANCE; AND HAS FURTHER COMPLIED WITH ALL RELEVANT ORDINANCES RULES AND REGU- LATIONS ESTABLISHED TO MORE EFFECTIVELY CARRY OUT THE PURPOSE AND INTENT OF THIS ORDINANCE, THE FRANCHISE HOLDER SHALL THEN BE ENTITLED TO BEGIN BUSINESS. "THE INSPECTOR OF TAXICABS SHALL PROVIDE THE ASSESSOR AND COLLECTOR OF TAXES WITH A LIST OF THE AUTOMOBILES BEING USED BY EACH DRIVERLESS AUTOMOBILE FRANCHISE HOLDER AND THE ASSESSOR AND COLLECTOR OF TAXES SHALL EXAMINE THE TAX RECORDS AND ASCERTAIN WHETHER OR NOT THE AD VALOREM TAXES ASSESSED BY THE CITY AGAINST THE VEHICLES HAVE BEEN FULLY PAID_. IF IT BE DETERMINED THAT THE AD VALOREM TAXES HAVE NOT BEEN PAIDI BUT HAVE BECOME DELINQUENT, THE ASSESSOR AND COLLECTOR OF TAXES SHALL NOTIFY THE INSPECTOR OF TAXI - CABS, WHO SHALL HAVE AUTHORITY TO ORDER THE FRANCHISE HOLDER TO IMMEDIATELY CEASE THE USE OF EACH VEHICLE FOR WHICH THE TAXES HAVE BECOME DELINQUENT. NO HOLDER OF A DRIVERLESS AUTOMOBILE FRANCHISE SHALL USE OR ALLOW TO BE USED, A VEHICLE IN HIS BUSINESS ON WHICH AD VALOREM TAXES HAVE BEEN ASSESSED AND HAVE BECOME DELINQUENT." -3- SECTION 8. CHAPTER 36, ARTICLE 11, SECTION 36 -96 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS; RSEC. 36 -98. SAME -- CONTENTS. THE FRANCHISE CONTEMPLATED BY THIS ARTICLE SHALL BE FOR A PERIOD OF FIVE YEARS. PROVIDED, HOWEVER, THE CITY COUNCIL MAY GRANT DRIVERLESS AUTOMOBILE FRANCHISES FOR SHORTER PERIODS OF TIME." SECTION 9. CHAPTER 36, ARTICLE 11, SECTION 36 -99 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE As' FOLLOWS: KSEC. 36 -99. SAME -- MECHANICAL INSPECTION REQUIRED. EACH FRANCHISE HOLDER SHALL, ON THE FIRST DAY OF EACH CALENDAR MONTH, AFTER THE ISSUANCE OF ITS FRANCHISE, PRE- PARE A LIST OF THE AUTOMOBILES OWNED OR USED BY THE FRANCHISE HOLDER HEREUNDER, AND SAID LIST SHALL BE SUB- MITTED TO THE INSPECTOR OF TAXICABS PRIOR TO THE TENTH DAY OF EACH MONTH. THE CITY SHALL HAVE THE RIGHT TO INSPECT ANY AND ALL OF THE VEHICLES OWNED OR USED BY EACH FRANCHISE HOLDER HEREUNDER AND IF ANY VEHICLE IS FOUND TO BE IN AN UNSAFE CONDITION, THEN THE SAME SHALL NOT BE USED IN SAID BUSINESS UNTIL IT IS PROPERLY RE- PAIRED AND FOUND BY THE INSPECTOR OF TAXICABS TO BE IN A SAFE CONDITION. THE CITY SHALL ALSO HAVE THE RIGHT TO DESIGNATE OTHERS IN ADDITION TO THE INSPECTOR OF TAXICABS TO INSPECT THE VEHICLES HEREUNDER. THE IN- SPECTOR OF TAXICABS OR OTHER DESIGNATED CITY AGENT SHALL NOTIFY THE FRANCHISE HOLDER IN WRITING OF EACH VEHICLE FOUND TO BE IN AN UNSAFE CONDITION AND SHALL ORDER ITS USE DISCONTINUED UNTIL THE DEFECT OR DEFECTS SO FOUND SHALL BE REMEDIED. UPON RECEIPT OF SAID NOTICE, THE FRANCHISE HOLDER SHALL IMMEDIATELY CEASE THE USE OF SAID VEHICLE UNTIL THE SAME HAS BEEN REPAIRED AND FOUND TO BE IN A SAFE CONDITION. SHOULD THE INSPECTOR OF TAXICABS OF OTHER DESIGNATED AGENT FIND ANY DRIVERLESS AUTOMOBILE TO BE IN AN UNSAFE OR DEFECTIVE CONDITION AND ORDER ITS USE DISCONTINUED, THE FRANCHISE HOLDER OWNING OR USING SUCH VEHICLE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI WITHIN TEN DAYS FROM THE DATE OF SAID FINDING AND ORDER, AND SAID APPEAL SHALL BE PERFECTED BY LETTER ADDRESSED TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, STATING THAT AN APPEAL FROM THE RULING AND ORDER OF THE INSPECTOR OF TAXICABS OR OTHER DESIGNATED AGENT IS DESIRED TO BE MADE TO THE CITY COUNCIL AS A WHOLE. -IF AN APPEAL FROM SAID DECISION OF THE IN- SPECTOR OF TAXICABS IS PERFECTED, AS HEREIN PROVIDED, THE CITY COUNCIL SHALL, AS SOON AS IT IS REASONABLY CONVENIENT THEREAFTER, HEAR SUCH APPEAL AND SHALL EITHER SUSTAIN, MODIFY OR REVERSE THE DECISION OF THE INSPECTOR OF TAXICABS OR OTHER DESIGNATED AGENT AND SHALL FORTHWITH CERTIFY ITS DECISION TO THE INSPECTOR OF TAXICABS OR OTHER AGENT AND TO THE FRANCHISE HOLDER FOR OBSERVANCE. IF NO APPEAL IS TAKEN FROM THE RULING AND ORDER OF THE INSPECTOR OF TAXICABS OR OTHER AGENT WITHIN THE TIME PROVIDED HEREIN, THE SAME SHALL BE FINAL." —4— SECTION 10. CHAPTER 36, ARTICLE II, SECTION 36 -100 IS HEREBY REPEALED IN ITS ENTIRETY. SECTION 11. CHAPTER 36, ARTICLE 11, SECTION 36 -101 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -101. SAME -- TRANSFERABILITY. NO FRANCHISE ISSUED UNDER THE TERMS OF THIS ARTICLE SHALL BE TRANSFERRED TO ANY OTHER PERSONS EXCEPT WITH THE WRITTEN CONSENT OF THE CITY COUNCIL." SECTION 12. CHAPTER 361 ARTICLE II, SECTION 36 -102 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -102. SAME- -RIGHT OF APPEAL UPON DENIAL OF APPLICATION. AFTER THE INSPECTOR OF TAXICABS HAS MADE HIS FINDING AND HAS DECLARED THE SAMEy EITHER THE APPLICANT FOR THE FRANCHISE REQUIRED BY THIS ARTICLE OR THE OPPONENT OF THE APPLICATION SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL WITHIN TEN DAYS FROM THE DATE OF SUCH FINDING, AND THE APPEAL SHALL BE PERFECTED BY A LETTER ADDRESSED TO THE MAYOR AND CITY COUNCIL STATING THAT AN APPEAL FROM THE DECISION OF THE INSPECTOR OF TAXICABS IS DESIRED TO THE CITY COUNCIL AS A WHOLE. THE CITY COUNCILS AS SOON AS PRACTICABLE, AFTER RECEIVING THE NOTICE 0'F APPEAL. FROM THE FINDINGS OF THE INSPECTOR OF TAXICABS., SHALL GRANT THE APPELLANT A HEARING, AND AFTER THE HEARING OF THE SAID APPEAL, SHALL MODIFY, SUSTAIN OR REVERSE THE FINDINGS MADE BY THE INSPECTOR OF TAXICABS, AND SHALL FURTHER CERTIFY ITS DECISION TO THE INSPECTOR OF TAXICABS AND TO THE APPLICANT FOR OBSERVANCE. IF NO APPEAL IS TAKEN FROM THE FINDING MADE BY THE INSPECTOR OF TAXICABS WITHIN THE TIME PROVIDED HEREIN] THE DECISION OF THE INSPECTOR OF TAXICABS SHALL BE FINAL. "IF THE INSPECTOR OF TAXICABS FINDS FROM SUCH INVESTI- GATION AND HEARING, THAT THE PUBLIC CONVENIENCE AND NECESSITY DO NOT JUSTIFY THE FRANCHISE] HE SHALL FORTHWtTH NOTIFY THE APPLICANT OF SUCH FINDING." SECTION 13. CHAPTER 36, ARTICLE III SECTION 36 -103 IS HEREBY REPEALED IN ITS ENTIRETY. SECTION 14. CHAPTER 36, ARTICLE III SECTION 36 -1011 IS HEREBY AMENDED TO AND SHALL HEREI'N'AFTER PROVIDE AS FOLLOWS: "SEC. 36 -104. SAME -- REVOCATION OR SUSPENSION GENERALLY. UPON COMPLAINT AGAINST A FRANCHISE HOLDER FILED BY ANY PERSON WITH THE INSPECTOR OF TAXICABS, OR UPON HIS OWN MOTION CHARGING VIOLATION OF ANY OF THE TERMS OF THIS ARTICLE OR ANY OTHER ORDINANCE OF THE CITY OR LAWS OF THE STATE REGULATING MOTOR VEHICLES, THE INSPECTOR OF TAXICABS AFTER GIVING FIVE DAYS' NOTICE OF THE GROUND OF THE COMPLAINT -5- TO SUCH FRANCHISE HOLDER AGAINST WHOM COMPLAINT IS MADE, MAY HEAR EVIDENCE WITH REFERENCE TO SUCH COMPLAINT, AND AFTER SUCH HEARING, THE INSPECTOR OF TAXICABS 14AY REVOKE OR SUSPEND THE FRANCHISE OF SUCH OWNER FOR GOOD CAUSE SHOWN." r SECTION 15. CHAPTER 36, ARTICLE 11, SECTION 36 -105 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -105. SAME -- SAME -- APPEAL. AFTER THE INSPECTOR OF TAXICABS HAS HEARD THE COMPLAINT FOR THE REVOCATION OR SUSPENSION OF THE FRANCHISE OF ANY OWNER OF A DRIVERLESS AUTOMOBILE, HE SHALL MAKE HIS FINDINGS, AND DECLARE THE SAME, AND EITHER THE OWNER OF SUCH DRIVERLESS AUTOMOBILE OR THE COMPLAINANT SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL WITHIN TEN DAYS FROM THE DATE OF SUCH FINDINGS, AND THE APPEAL SHALL BE PERFECTED BY A LETTER ADDRESSED TO THE MAYOR AND CITY COUNCIL, STATING THAT AN APPEAL FROM THE RULING OF THE IN- SPECTOR OF TAXICABS IS DESIRED TO THE CITY COUNCIL AS A WHOLE. IF AN APPEAL FROM THE DECISION OF THE INSPECTOR OF TAXICABS IS PERFECTED, AS HEREIN PRO- VIDED, THE DECISION OF THE INSPECTOR OF TAXICABS SHALL BE SUSPENDED UNTIL PASSED UPON BY THE CITY COUNCIL. UPON RECEIVING SUCH APPEAL, THE CITY COUNCIL SHALL, AS SOON AS PRACTICABLE THEREAFTER, HEAR SUCH APPEAL, AND SHALL EITHER SUSTAIN, MODIFY, OR REVERSE THE DECISION OF THE INSPECTOR OF TAXICABS AND SHALL FORTHWITH CERTIFY ITS DECISION TO THE INSPECTOR OF TAXICABS AND TO THE FRANCHISE HOLDER FOR OBSERVANCE. -IF NO APPEAL IS TAKEN FROM THE RULING OF THE INSPECTOR OF TAXICABS IN THE TIME AS PROVIDED HEREIN, THE RULING OF THE INSPECTOR OF TAXICABS SHALL BE FINAL.P SECTION 16. CHAPTER 36, ARTICLE 11, SECTION 36 -106 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: HSEC. _36 -106. LIABILITY INSURANCE OR CASH SECURITIES. (A) BEFORE ANY FRANCHISE SHALL BE ISSUED TO ANY OWNER OR OPERATOR OF A DRIVERLESS AUTOMOBILE, OR BEFORE RENEWAL OF ANY SUCH FRANCHISE, THE OWNER OR OPERATOR SHALL BE REQUIRED TO FILE WITH THE CITY SECRETARY AND THEREAFTER KEEP IN FULL FORCE AND EFFECT, A POLICY OF PUBLIC LIABILITY INSURANCE. WHICH POLICY MUST MEET THE APPROVAL OF THE CITY SECRETARY AND CITY ATTORNEY AS BEING ADEQUATE AND SUFFICIENT TO PROTECT THE PUBLIC WITHIN THE INTENT AND PURPOSE OF THIS ARTICLE, IN A COMPANY TO BE AUTHORIZED TO DO BUSINESS IN THE STATE, AND PERFORMABLE IN THE COUNTY, INSURING THE PUBLIC AGAINST ANY LOSS OR DAMAGE THAT MAY RESULT TO ANY PERSON OR PROPERTY FROM THE OPERATION OF SUCH VEHICLE, WITH UNSAFE BRAKES OR OTHERWISE DE- FECTIVE, OR NEGLIGENCE OF THE OWNER OR ANY PERSON DRIVING SUCH VEHICLE, AND SUCH POLICY SHALL PROVIDE A MAXIMUM AMOUNT OF RECOVERY IN SUCH POLICY AS TO EACH AND EVERY VEHICLE TO BE NOT LESS THAN FIVE THOUSAND DOLLARS FOR INJURY OR DEATH OF ANY ONE PERSON -6- AND NOT LESS THAN TEN THOUSAND DOLLARS IN ANY ONE ACCIDENT; AND NOT LESS THAN FIVE THOUSAND DOLLARS FOR THE INJURY TO OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENT. (B) SUCH FRANCHISE HOLDER MAY, IN LIEU OF THE AFORESAID POLICY OF LIABILITY INSURANCE, MAKE A CASH DEPOSIT OR PLACE AS COLLATERAL SECURITY WITH THE CITY SECRETARY UNITED STATES GOVERNMENT BONDS, UNITED STATES TREASURY CERTIFICATES, OR BONDS ISSUED BY THE STATE, COUNTY, CITY OR CORPUS CHRISTI INDEPEN- DENT SCHOOL DISTRICT; THE AMOUNT OF CASH OR SECURITIES SHALL BE, WHERE SUCH PERSON OWNS AND OFFERS FOR HIRE ANY NUMBER OF SUCH DRIVERLESS AUTOMOBILES, SUCH CASH OR SECURITIES IN THE SUM OF TEN THOUSAND DOLLARS. UPON DEPOSIT OF SUCH CASH OR SECURITIES, THE CITY SECRETARY SHALL ISSUE A RECEIPT, COPY OF WHICH SHALL BE FURNISHED TO THE DEPOSITOR AND ANOTHER TO THE INSPECTOR OF TAXICABS. THE CASH OR SECURITIES DEPOSITED WITH THE CITY SECRETARY IN LIEU OF THE AFORESAID POLICY OF LIABILITY INSURANCE SHALL STAND AND BE LIABLE FOR THE AMOUNT OF RECOVERY ON ANY VEHICLE BEING OWNED OR OPERATED WITH DEFECTIVE BRAKES OR OTHER DEFECTIVE EQUIPMENT AS A DRIVERLESS AUTOMOBILE AND HIRED OR LEASED, OR OFFERED FOR HIRE OR LEASE, BY THE DEPOSITOR; SUCH LIABILITY SHALL BE IN AMOUNTS OF NOT MORE THAN THE FOLLOWING SUMS; FOR INJURY TO OR DEATH OF ANY ONE PERSON IN ANY ONE ACCIDENT, FIVE THOUSAND DOLLARS. 'FOR INJURY TO OR DEATH OF MORE THAN ONE PERSON IN ANY ONE ACCIDENT, TEN THOUSAND DOLLARS. FOR INJURY OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENT, FIVE THOUSAND DOLLARS. THE ABOVE DESCRIBED PUBLIC LIABILITY INSURANCE, OR THE CASH OR SECURITIES IN LIEU THEREOF, SHALL BE FOR THE PROTECTION OF ALL MEMBERS OF THE PUBLIC, SAVE AND EXCEPT SERVANTS, AGENTS OR EMPLOYEES OF THE PERSON SO< FILING OR DEPOSITING THE SAME, AS TO THE NEGLIGENT ACTS OF ANY OWNER, OPERATOR OR DRIVER. 'FOR THE PURPOSE OF DETERMINING THE AMOUNT OF LIABILITY INSURANCE OR DEPOSIT OF CASH OR SECURITIES IN LIEU THERE- OF, ALL FRANCHISES NOT ACTUALLY SURRENDERED FOR CANCELLATION SHALL BE TAKEN INTO ACCOUNT." SECTION 17. 'CHAPTER 36, ARTICLE 11, SECTION 36 -107 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -107. 'DUTY OF OWNER TO RENDER VEHICLE, ETC., FOR _ AD VALOREM TAXES. 'IT SHALL- BE THE DUTY OF EVERY FRANCHISE HOLDER OFFERING FOR HIRE OR LEASE ANY DRIVERLESS AUTOMOBILE WITHIN THE CITY TO RENDER FOR AD VALOREM TAXES TO -7- THE CITY ALL VEHICLES OR OTHER EQUIPMENT USED IN SUCH BUSINESS, AND A FAILURE TO RENDER FOR AND TO PAY SUCH AD VALOREM TAXES TO THE CITY BEFORE THEY BECOME DELINQUENT SHALL OPERATE AS A REVOCATION OF ANY FRANCHISE OR PERMIT AUTHORIZING THE HIRING OR LEASING, OR OFFERING TO HIRE OR LEASE, FOR USE OVER OR ON THE PUBLIC STREETS, ALLEYS AND WAYS OF THE CITY OF ANY SUCH DRIVERLESS AUTOMOBILES. NO FRANCHISE AUTHORIZING THE OWNER TO HIRE OR LEASE, OR TO OFFER TO HIRE OR LEASE, FOR USE OVER OR ON THE STREETS, ALLEYS AID WAYS OF THE CITY SHALL EVER BE ISSUED IF ANY DELINQUENT TAXES ARE DUE THE CITY UPON ANY DRIVERLESS AUTOMOBILE FOR WHICH SUCH LICENSE OR RENEWAL THEREOF IS SOUGHT, OR IF THE OWNER THEREOF HAS FAILED TO RENDER THE SAME FOR AD VALOREM TAXATION." SECTION 18. CHAPTER 36, ARTICLE 11, SECTION 36 -106 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS; "SEC. 36 -108. INSPECTION OF VEHICLES GENERALLY -- APPROVAL OR DISAPPROVAL. DRIVERLESS AUTOMOBILES SHALL BE UNDER THE SUPER- VISION OF THE INSPECTOR OF TAXICABS OF THE CITY AND THE DUTIES AND AUTHORITY HEREIN PROVIDED SHALL BE IN ADDITION TO THE DUTIES AND AUTHORITY ALREADY IMPOSED AND INVESTED UNDER ANY OTHER ORDINANCE OR ORDER OF THE CITY COUNCIL. IT SHALL BE THE DUTY OF THE INSPECTOR OF TAXICABS TO INSPECT EVERY DRIVERLESS AUTOMOBILE WHICH IS OR MAY BE USED UNDER THE PROVISIONS OF THIS ARTICLE REGULARLY, FOR THE PURPOSE OF DETERMINING WHETHER SUCH VEHICLE IS IN A SAFE CONDITION TO BE OPERATED UPON THEISTREETS OR THOROUGHFARES OF THE CITY, AND THE OWNER, HIRER OR LESSOR OF EACH AND EVERY SUCH VEHICLE SHALL SUBMIT THE VEHICLE TO THE INSPECTOR OF TAXICABS FOR INSPECTION AT THE TIME AND PLACE SPECIFIED BY THE INSPECTOR. NOTHING HEREIN, HOWEVER, SHALL PREVENT THE INSPECTOR OF TAXICABS FROM INSPECTING ANY DRIVERLESS AUTOMOBILE AT ANY REASONABLE TIME THAT HE SEES FIT, AND HE IS EXPRESSLY GIVEN POWER SO TO DO, AND IF, UPON ANY SUCH INSPECTION, HE FINDS SUCH DRIVERLESS AUTOMOBILE TO BE IN A DEFECTIVE CON- DITION, HE SHALL ORDER ITS USE AS A DRIVERLESS AUTO- MOBILE DISCONTINUED UNTIL THE DEFECT SO FOUND SHALL BE REMEDIED. NO DRIVERLESS AUTOMOBILE FOUND TO BE UNSAFE OR IN A DEFECTIVE CONDITION BY THE INSPECTOR OF TAXICABS SHALL BE OPERATED OVER ANY STREET OR THOROUGHFARE OF THE CITY, OR PERMITTED TO BE OPERATED; NOR SHALL THE SAME BE HIRED OR LEASED, OR OFFERED FOR HIRE OR LEASE." SECTION 19. CHAPTER 36, ARTICLE 11, 'SECTION 36 -109 IS HEREBY REPEALED IN ITS ENTIRETY 1 AND THERE IS SUBSTITUTED THEREFOR, A NEW SECTION, 36 -109, PROVIDING AS FOLLOWS; "SEC. 36 -109. PAYMENT OF PARKING VIOLATIONS. IT SHALL BE UNLAWFUL FOR ANY FRANCHISE HOLDER TO HIRE OR LEASE OR OFFER FOR HIRE OR LEASE ANY VEHICLE ON WHICH THERE IS A DELINQUENT VIOLATION FOR ILLEGALLY PARKING OR STOPPING SAID VEHICLE WITHIN THE CITY, RE- GARDLESS OF WHO THE DRIVER OF THE VEHICLE WAS AT THE TIME OF THE VIOLATION." m-Am SECTION 20. CHAPTER 36, ARTICLE 11, SECTION 36 -111 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -111. SAME -- RECEIPT. AT SHALL BE UNLAWFUL FOR THE OWNER OR OPERATOR OF ANY DRIVERLESS AUTOMOBILE'UPON RECEIVING FULL PAYMENT FOR A RENTAL OR LEASE TO REFUSE TO GIVE A RECEIPT UPON THE REQUEST OF ANY PERSON MAKING SUCH PAYMENT." SECTION 21. CHAPTER 36, ARTICLE 11, SECTION 36 -113 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: "SEC. 36 -113. RECORDS TO BE KEPT; INSPECTION. A WRITTEN RECORD SHALL BE KEPT AND PRESERVED BY EVERY FRANCHISE HOLDER UNDER THE PROVISIONS OF THIS ARTICLE, SUBJECT TO THE INSPECTION OF ANY POLICE OFFICER OR THE INSPECTOR OF TAXICABS OR OTHER AUTHORIZED AGENT OF THE CITY, SHOWING: (A) THE DATE AND HOUR OF EACH HIRING OR LEASING. (Bj THE CITY LICENSE NUMBER OF THE VEHICLE. (Cj THE NAME AND PLACE OF RESIDENCE OF THE PERSON RENTING OR LEASING SUCH VEHICLE. (D) THE NAME AND ADDRESS OF THE PERSON DRIVING THE VEHICLE. - (E) THE DATE AND HOUR OF THE-RETURN OF THE VEHICLE. A COPY OF THE RECORD SHALL BE FURNISHED TO THE IN- SPECTOR OF TAXICABS AND ANY POLICE OFFICER OR OTHER AUTHORIZED AGENT OF THE CITY UPON REQUEST, COVERING NOT MORE THAN ONE VEHICLE AND NOT MORE THAN ONE DATE IN ANY ONE REQUEST." SECTION 22. CHAPTER 36, ARTICLE 11, SECTION 36 -115 IS HEREBY AMENDED TO AND SHALL HEREINAFTER PROVIDE AS FOLLOWS: {. "SEC. 36 -115. STANDS. EVERY DRIVERLESS AUTOMOBILE, WHEN NOT EMPLOYED,- SHALL REMAIN IN THE GARAGE OR STAND DESIGNATED THEREFOR IN THE APPLICATION FOR FRANCHISE, AND SUCH STAND OR GARAGE SHALL NOT BE CHANGED UNLESS AND UNTIL SUCH CHANGE HAS BEEN DULY MADE ON THE RECORDS OF THE CITY SECRETARY, SHOWING THE CHANGED STAND OR GARAGE WHERE SUCH DRIVERLESS AUTOMOBILE SHALL THEREAFTER REMAIN AND BE FOUND WHEN NOT EMPLOYED." SECTION 23. THE IMMEDIATE NECESSITY OF AMENDING THE CODE COVERING THE DRIVERLESS AUTOMOBILE BUSINESS SO THAT LEASES MAY BE FINALIZED FOR THE OPERATION OF THE DRIVERLESS AUTOMOBILE BUSINESSES AT THE NEW CORPUS CHRISTI INTERNATIONAL AIRPORT, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC -9- NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE *READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF JULY, 1960. ATTEST i' t Cc.e CITY SECRETARY. APPROVED AS TO LEGAL FORM THIS THE_ ( DAY OF JULY, 1960: CITY ATTOR NEY MAYOR THE CITY 0 G RPUS CHRIS , TEXAS CORPUS CHRISTI, TEXAS Q� / D DAY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FUR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, MAYO THE CITY OF OR S CHR IST6 TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEARI JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VO E: ELLROY KING JAMES L. BARNARD- MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.