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HomeMy WebLinkAbout06535 ORD - 05/29/1962AN ORDINANCE GRANTING TO INLAND LIMOUSINE SERVICE, INC:., DOING BUSINESS AS INLAND CADS, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY'ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL Off MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STRMS, ALLEYS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. The right and privilege is hereby granted to Inland Limousine Service, Inc., doing business as Inland Cabs, hereinafter called Grantee, in the form prescribed by Ordinance ' No. 4536, to operate a taxicab or taxicabs along and over the public streets, alleys and thoroughfares of the City of Corpus Christi, Texas. C3535 1K ORDINANCE NO. GRANTING INLAND LIMOUSINE SERVICE, INC. DOING BUSINESS AS INLAND C , A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC ­THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PRO- VIDING FOR A CHARGE OF TWO PER CENT (2,%) OF GROSS RECEIPTS, ON OR BEFORE THE IOTH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE WHEN THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH, SO AS TO REQUIRE THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH, AND PROVIDING FOR A DISCOUNT OF FORTY PER CENT (4o%) OF THE TWO PERCENT (2 %) IF PAID ON OR BEFORE THE 9TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPER- VISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFEC- TIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE RIGHT AND PRIVILEGE IS HEREBY GRANTED TO Inland Limousine Service. Inc., doing business-,as Inland Cabs , HEREINAFTER CALLED GRANTEE, FOR A PERIOD OF FIVE (5) YEARS FROM THE TO OPERATE A TAXICAB OR TAXICABS, AS SAME ARE HEREINAFTER DEFINED, ALONG AND OVER THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, UNDER AND SUBJECT TO THE TERMS AND RESTRICTIONS HERE- IN SET OUT. SECTION 2. (A) DURING THE OPERATION OF SAID TAXICAB OR TAXICABS OVER AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, UNDER THE TERMS OF THIS FRANCHISE, AND FOR THE PERIOD OF THIS FRANCHISE, THE OWNER THEREOF SHALL PAY TO THE CITY OF CORPUS CHRISTI, TEXAS, AT THE OFFICE OF THE TAX ASSESSOR - COLLECTOR, IN LAWFUL MONEY OF THE UNITED STATES, TWO PER CENT (2 %) OF THE GROSS RECEIPTS MEASURED BY THE TOTAL FARES COLLECTED AND OTHER INCOME INCLUDING ADVERTISING RECEIPTS DERIVED FROM THE OPERATION OF THE TAXICAB SERVICE, OR SUCH RATE AS MAY BE PROVIDED IN ANY REGULATORY ORDINANCE REGULATING THE OPERATION OF TAXICABS, WHICH EVER MAY BE THE GREATER. (8) SAID PAYMENTS SHALL BE MADE IN LAWFUL MONEY OF THE UNITED STATES, AT THE OFFICE OF THE TAX ASSESSOR- COLLECTOR OF THE CITY OF CORPUS CHRISTI TEXAS, AND SAID REMITTANCE SHALL BE MADE MONTHLY ON OR BEFORE THE LOTH DAY OF EACH CALENDAR MONTH BASED UPON THE GROSS RECEIPTS OF THE SAID BUSINESS FOR THE PRECEDING CALENDAR MONTH; PROVIDED THAT IN THE EVENT PAYMENT BE MADE ON OR BEFORE THE 9TH DAY OF EACH CALENDAR MONTH FOR THE PAYMENT DUE UPON THE GROSS RECEIPTS OF THE BUSINESS 'FOR THE NEXT PRECEDING CALENDAR MONTH, THAT A DISCOUNT OF FORTY PERCENT (40%) OF THE TWO PERCENT STREET RENTAL CHARGE PROVIDED IN SUBSECTION (A) HEREOF SHALL BE ALLOWED, MAKING A NET PAYMENT DUE AND PAYABLE, IF PAID ON OR BEFORE SAID 9TH DAY OF THE RESPECTIVE CALENDAR MONTHS OF ONE AND TWO - TENTHS PERCENT (1.2 %) OF THE GROSS RECEIPTS OF THE SAID BUSINESS FOR THE-PRECEDING CALENDAR MONTH. (C) IT IS UNDERSTOOD THAT THE PAYMENT OF'THE MONIES AS HEREIN PROVIDED SHALL NOT BE CONSIDERED SO AS TO AFFECT OR PREVENT ANY FORFEITURE OF PERMITS FOR NONUSER OR OTHERWISEI AS IS•NOW� OR MAY IN THE FUTURE BE PROVIDED FOR BY CITY ORDINANCE. THE COM- PENSATION HEREIN PROVIDED FOR SHALL BE IN LIEU OF ANY OTHER FEES OR CHARGES IMPOSED BY ANY OTHER ORDI- NANCE NOW IN FORCE DURING THE LIFE HEREOF, EXCEPT THAT IN EVENT OF CONFLICT THE HIGHER CHARGE SHALL BE PAID, BUT IN NO EVENT SHALL THE GRANTEE BE RE- LEASED FROM THE PAYMENT OF ANY AD VALOREM TAXES LEVIED, NOR IS THE CITY PROHIBITED HEREBY FROM COLLECTING THE FEES FOR CHAUFFEURS LICENSES AS PROVIDED IN THE TAXICAB ORDINANCE AS IT NOW EXISTS, OR SUCH LIKE FEES AS MAY IN THE FUTURE BE PRO- VIDED BY ORDINANCE.' _Q_ SECTION 3. IT SHALL BE THE DUTY OF THE GRANTEE TO FILE WITH THE DIRECTOR OF FINANCE OF THE CITY OF CORPUS CHRISTI A SWORN STATEMENT SHOW- ING ALL RECEIPTS OF SAID GRANTEE, WHICH SAID VERIFIED STATEMENT SHALL BE FILED WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH MONTH. THE GRANTEE SHALL INSTALL AND KEEP AN ADEQUATE SYSTEM OF BOOKKEEPING TO BE APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY; WHICH BOOKS SHALL BE SUBJECT TO IN- SPECTION BY THE GOVERNING BODY OF THE CITY AND ANY PERSON OR PERSONS THE SAID CITY MAY DESIGNATE, OR EITHER OR THEM, SO AS TO ENABLE THE CITY TO CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RE- CEIPTS, STREET RENTAL, FEE OR CHARGE DUE TO IT BY VIRTUE HEREOF. 'SECTION 4. A TAXICAB, AS USED IN THIS ORDINANCE SHALL MEAN EVERY AUTOMOBILE OR MOTOR PROPELLED VEHICLE USED FOR THE TRANSPORTATION OF PASSENGERS AND /OR PERSONAL LUGGAGE, FOR HIRE OVER AND ON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, AND NOT OVER A DEFINED OR FIXED ROUTE, AND IRRESPECTIVE OF WHETHER OR NOT THE OPERATIONS EXTEND BEYOND THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AT RATES FOR DISTANCE TRAVELED, OR FOR WAIT TIME, OR FOR BOTH, OR AT RATES PER HOUR, PER WEEK OR PER MONTH. SECTION 5. ALL TAXICABS OPERATED BY GRANTEE UNDER THIS FRANCHISE SHALL BE OF MODERN, SAFE AND ADEQUATE CONSTRUCTION, SHALL BE KEPT IN GOOD REPAID AND KEPT CLEAN, AND IF THE GRANTEE DOES NOT COMPLY WITH THE SPIRIT OF THIS PARTICULAR PROVISION OF HIS FRANCHISE THEN SUCH FAILURE TO DO $0 SHALL'BE CAUSE FOR A FORFEITURE HEREOF. SECTION 6. THE GRANTEE SHALL COMPLY WITH ALL TRAFFIC REGULATIONS AND ORDINANCES NOW IN FORCE IN THE CITY OF CORPUS CHRISTIj AND THE LAWS OF THE STATE OF TEXAS NOW IN FORCE, AND SHALL COMPLY WITH SUCH ORDINANCE AND STATE LAWS WHICH IN THE FUTURE MAY BE ENACTED. THE GRANTEE SHALL NEVER PERMIT THE CABS OPERATED HEREUNDER TO BE USED IN VIOLATION OF ANY CRIMINAL STATUTES, STATE OR FEDERAL, BUT THE GRANTEE SHALL KEEP REASONABLE SUPER- VISION OVER THE CABS OPERATED HEREUNDER FOR THE PURPOSE OF PREVENTING SUCH -3- CABS BEING USED IN VIOLATION OF ANY LAWS. FAILURE OF GRANTEE TO COMPLY WITH THE SPIRIT OF THIS SECTION SHALL BE CAUSE FOR FORFEITURE OF THE FRANCHISE. SECTION 7. GRANTEE MUST CARRY SUCH PUBLIC LIABILITY SECURITY AS IS PROVIDED BY ORDINANCE. BEFORE THIS FRANCHISE SHALL BECOME EFFEC- TIVE THE GRANTEE SHALL FURNISH TO THE CITY OF CORPUS CHRISTI A GOOD AND SUFFICIENT ASSURANCE IN WRITING THAT SUCH AUTOMOBILE WILL BE OPERATED WITH DUE CARE AND CAUTION FOR THE PUBLIC SAFETY. SUCH ASSURANCE SHALL CONSIST OF A GOOD AND SUFFICIENT POLICY OF INSURANCES BOND, OR CASH BOND AS NOW PROVIDED BY THE EXISTING TAXICAB ORDINANCE; AND SHOULD THE CITY COUNCIL, BY ORDINANCES REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCE, OR REQUIRE THAT ALL TAXICAB COMPANIES CARRY A POLICY OF INSURANCEI OR INCREASE THE FACE AMOUNT OF SUCH BOND OR INSURANCE, THEN THE GRANTEE SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF THE PASSAGE OF SUCH ORDINANCE IN WHICH TO COMPLY WITH THE TERMS THEREOF. BY ACCEPTANCE OF THIS FRANCHISE THE GRANTEE AGREES TO COMPLY WITH ALL THE PROVISIONS OF THIS FRANCHISE. SECTION 8. AT THE TERMINATION OF THE FIVE (5) YEAR PERIOD HEREINBEFORE SET OUT, THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT. SECTION 9. ANY INFRACTION OF THE TERMS OF THIS FRANCHISE OR ANY ORDINANCE OF THE CITY OF CORPUS CHRISTI REGULATING THE BUSINESS OF OPERATING TAXICABS OR THE OPERATION OF SAID VEHICLES USED IN SUCH BUSINESS SHALL BE DEEMED A FORFEITURE OF THIS FRANCHISE IRRESPECTIVE OF ANY NOTICE OR ACTION BY THE CITY COUNCIL; PROVIDED, HOWEVER' UPON THE CITY'S GIVING NOTICE TO GRANTEE THAT IT CONSIDERS THE FRANCHISE TO BE FORFEITED, SETTING FORTH GENERALLY,THE REASONS THEREFOR, GRANTEE SHALL HAVE TEN (10) DAYS WITHIN WHICH TO CORRECT OR REMEDY SUCH DEFAULT OR DEFAULTS AND TO APPEAL TO THE CITY COUNCIL TO WAIVE SUCH DEFAULT OR DEFAULTS AND REINSTATE GRANTEES FRANCHISE AFTER WHICH TIME GRANTEE MUST CEASE TO DO BUSINESS IF NOT REINSTATED BY THE COUNCIL. SECTION 10. THE GRANTEE SHALL OWN ALL VEHICLES OPERATED BY HIM IN SAID BUSINESS AND THAT SAID GRANTEE SHALL HOLD LEGAL TITLE TO SAID VEHICLES IN HIS NAME, AND UPON DEMAND THEREFOR SHALL EXHIBIT CERTIFICATES OF TITLE OF ALL VEHICLES TO ANY,AUTHORIZED REPRESENTATIVE OF THE CITY OF CORPUS CHRISTI, SECTION 11. THE GRANTEE SHALL REPORT AND PAY WHEN DUE AND BEFORE BECOMING DELINQUENT ANY CHARGES, RENTALS, STREET RENTAL FEES OR OBLIGATIONS CONTRACTUAL OR OTHERWISE WHICH THE CITY MAY NOW OR SUBSE- QUENTLY BE AUTHROIZED BY THE LEGISLATURE OF THE STATE OF TEXAS TO IMPOSE AND COLLECT OR WHICH ARE NOWT OR MAY BE, IMPOSED BY ANY VALID ORDINANCE DULY AND LEGALLY ENACTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AND THE FAILURE TO DISCHARGE THESE OBLIGATIONS OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. SECTION 12. THAT THE GRANTEE SHALL RENDER, IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE STATE LAWS GOVERNING THE RENDITION OF PROPERTY, AND PAY TO THE CITY BEFORE SAME SHALL BECOME DELINQUENT ALL AD VALOREM TAXES AGAINST EACH VEHICLE AND ALL PERSONAL PROPERTY USED IN THE CONDUCT OF GRANTEE'S TAXICAB BUSINESS, AND FAILURE TO DISCHARGE THESE OBLIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. SECTION 13. THE GRANTEE HEREUNDER MAY CHARGE SUCH RATES AS ARE NOWT OR MAY IN THE FUTURE, BE SET BY ORDINANCE PASSED BY THE CITY COUNCIL. SECTION 14. IF ANY PART OF THIS ORDINANCE SHALL BE HELD INVALID, NO VALID PARTS THEREOF SHALL BE AFFECTED THEREBY. SECTION 15. THIS ORDINANCE SHALL BE BINDING ONLY UPON THE ACCEPTANCE THEREOF IN WRITING BY THE SAID Inland IdnOIIBine Service, Inc. ' doing business as Inland Cabs WITHIN THIRTY (30) DAYS AFTER THE FINAL PASSAGE THEREOF, AND FULL COMPLIANCE BY THE GRANTEE'WITH THE TERMS HEREOF AS TO PUBLIC LIABILITY SECURITY, CONDITION OF CABS, PAYMENT OF RENTALS, AND WITH THE TERMS OF THE EXISTING TAXICAB ORDINANCE. IF THIS GRANT IS NOT •' 1 ACCEPTED WITHIN THE TIME PRESCRIBED THEN THE GRANTEE SHALL NO LONGER HAVE THE RIGHT TO OPERATE A TAXICAB OR TAXICABS WITHIN THE CITY OF CORPUS CHRISTI. SECTION 16. "GRANTEE" AS HEREIN USED SHALL BE CONSTRUED AS SINGULAR OR PLURAL, ACCORDING TO WHETHER ONE OR MORE THAN ONE PERSON AT THE PARTICULAR TIME MAY BE THE OWNER OF THIS GRANT. SECTION 17. THIS FRANCHISE, AND THE PERMITS HELD BY THE GRANTEE IN CONNECTION WITH SAID FRANCHISES MAY BE SOLD, TRANSFERRED AND INHERITED; PROVIDED1 HOWEVERI THAT ANY SALE OR TRANSFER SHALL BE FIRST PRESENTED IN WRITING TO THE CITY COUNCIL FOR ITS APPROVAL OR DISAPPROVAL AND THE CITY COUNCIL MAY DISAPPROVE SUCH PROPOSED SALE OR TRANSFER IS NOT IN GOOD FAITH OR THAT THE PROPOSED PURCHASER OR TRANSFEREE IS NOT CAPABLE OF CONTINUING THE OPERATION UNDER SUCH FRANCHISE IN SUCH A MANNER AS TO RENDER THE SERVICES DEMANDED IN THE BEST INTEREST OF THE PUBLIC; THE CITY COUNCIL IN APPROVING OR DISAPPROVING ANY SUCH SALE OR TRANSFER OF THIS FRANCHISE, AND THE PERMITS OWNED IN CONNECTION THEREWITH, MAY TAKE INTO CONSIDERATION ALL OF THE REQUIREMENTS AND QUALIFICATIONS OF A- REGULAR APPLICATION, AND APPLY SAME AS NECESSARY QUALIFICATIONS OF ANY PROPOSED PURCHASER OR TRANS- FEREE. SECTION 18. THE FRANCHISE GRANTED BY THIS ORDINANCE SHALL NOT BE AND IS NOT INTENDED TO BE AN EXCLUSIVE FRANCHISE. SECTION 19. THE GRANTEE HEREIN SHALL OPERATE HIS CABS SO AS TO GIVE GOOD SERVICE, EMPLOY DRIVERS THAT MEET THE REQUIREMENTS OF THE PRESENT TAXICAB ORDINANCE, OR THAT MEET SUCH REQUIREMENTS AS MAY BE REQUIRED BY ORDINANCE, AND ANY FAILURE ON THE PART OF ANY TAXICAB COMPANY TO DO SO SHALL BE GROUNDS UPON WHICH THIS FRANCHISE MAY BE TERMINATED. EACH OPERATOR OF ANY MOTOR VEHICLE OPERATED UNDER THE TERMS OF THIS FRANCHISE SHALL COMPLY WITH ALL OF THE ORDINANCES OF THE CITY OF CORPUS CHRISTI, AND THE LAWS OF THE STATE OF TEXAS, NOW PROVIDED AND AS MAY HEREAFTER BE PROVIDED REGULATING CHAUFFEURS AND DRIVERS OF TAXICABS AND MOTOR VEHICLES FOR HIRE. -6- SECTION 20. The City Council shall have the right to modify or change or amend or add to this ordinance in order to make the provisions hereof more completely meet the taxicab situation in Corpus Christi, including the right of the Council to charge the gross receipt tax payable under Section 2 of this ordinance, or which is necessary to better protect the public, or if the Council deems it desirable to incorporate all provisions of City Law governing the taxicab business in this franchise rather than have a separate ordinance. ' -7- j L PASSED AND APPROVED, THIS THE ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY lm DAY OF 19 56. MAYOR CITY OF CORPUS CHRISTI, TEXAS THAT THE FOREGOING ORDINANCE WASJwR ET FOR THE d1RST TIME AND ASSfD j0 ITS SECOND READING ON THIS THE I� /�, DAY OF / (J•�CJ� 9 / BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER p i DR. JAMES L. BARNARD Cc•c'y' , 4 JOSE R. DELEON (�Q� M. P. MALDONADO W. J. ROBERTS-h JAMES H. YOUNG a � ��_ THAT THE FOREGOING ORDINANCE WAS EAD FOR THE SEC D TIME A PASS 0 ITS THIRD READING ON THIS THE DAY OF L7it, tg s BY THE FOLLOWING VOTEC BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG _ THAT THE FOR#OUqG ORDINAN WAS READ FOR /T E THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF gip / n BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO ✓ W. J. ROBERTS / JAMES H. YOUNG C✓ PASSED AND APPROVED' THIS THE / DA THIS 196_e MAYOR ; - -. THE CITY OF CORPUS CHRIST TEXAS.