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Home My WebLink About07357 ORD - 09/16/1964TEXAS: AN ORDINANCE GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF TWO (2) YEARS, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THE RIGHTS AND PROVILEGES HEREBY GRANTED TO THE NUECES TRANSPORTATION COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HEREIN^ AFTER CALLED GRANTEES, FOR THE PERIOD OF TWO (2) YEARS FROM THE DATE OF THIS CONTRACT TO OPERATE OMNIBUSES, AS SAME ARE HEREINAFTER DEFINED, ALONG AND OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, UNDER AND SUBJECT TO THE TERMS, STIPULATIONS AND RESTRICTIONS HEREINAFTER SET OUT, BEING OBLIGATED TO PROVIDE REASONABLE BUS SERVICE TO THE RESIDENTS OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 2. FROM AND AFTER THE DATE OF THE GRANTING OF THIS FRAN- CHISE FOR THE OPERATION OF SUCH OMNIBUSES OVER AND UPON THE STREETS OF THE CITY OF CORPUS CHRISTI UNDER THE TERMS OF THIS FRANCHISE, THE OWNERS THEREOF SHALL PAY ANNUALLY TO SAID CITY OF CORPUS CHRISTI STREET RENTAL FEES AND /OR PERMIT FEES EQUAL TO ONE -TENTH (1/10) OF ONE PERCENT (1%) ON THE GROSS RECEIPTS ON THE FOLLOWING SOURCES OF INCOME DERIVED FROM CITY OPERATIONS TO -WIT: (1) BUS PASSENGER RECEIPTS; (2) CHARTERED BUS RECEIPTS; AND (3) BUS ADVERTISING RECEIPTS; SUCH SUM TO BE PAYABLE WITHIN SIXTY (6O) DAYS FOLLOWING THE END OF EACH FISCAL YEAR ENDING SEPTEMBER 30 OF EACH YEAR DURING THE TERM OF THIS FRANCHISE. SECTION 3. AN OMNIBUS UNDER THE TERMS OF THIS FRANCHISE IS HEREBY DEFINED TO BE A MOTOR DRIVEN VEHICLE USED FOR PASSENGER SERVICE FOR HIRE BETWEEN FIXED TERMINI OF SAID CITY OF CORPUS CHRISTI HAVING A SEATING CAPA- CITY OF NOT LESS THAN TWENTY (20) PASSENGERS. SECTION 4. THE OMNIBUSES OPERATED UNDER THE TERMS OF THIS FRAN- CHISE SHALL BE OF MODERN CONSTRUCTION AND SHALL COMPLY WITH ALL ORDINANCES AND LAWS REGULATING MOTOR VEHICLES IN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS, IT BEING HEREBY SPECIALLY PROVIDED THAT THE GRANTEE OR ANY OTHER OWNER OF THIS FRANCHISE SHALL NOT OPERATE WHAT IS COMMONLY KNOWN AS "JITNEYS" OR "JITNEY BUSSES" UNDER THE TERMS HEREOF. SECTION 5. THE GRANTEE SHALL OPERATE SAID OMNIBUSES BETWEEN FIXED TERMINI, TO BE PUBLISHED OR DESIGNATED BY THEM, AND SHALL OPERATE SAID OMNI- BUSES ON A FIXED SCHEDULE, A CORRECT COPY OF WHICH SHALL BE FILED WITH THE DIRECTOR OF PUBLIC UTILITIES UPON THE ACCEPTANCE OF THIS FRANCHISE, AND WHEN- EVER SUCH SCHEDULES AND ROUTES UPON WHICH THE GRANTEE DESIRES TO OPERATE SUCH OMNIBUSES, ARE CHANGED OR OTHER ROUTES DESIGNATED, THEY SHALL FILE A STATEMENT OF SUCH ROUTES DESIGNATING THE TERMINI AND THE SCHEDULE WITH THE DIRECTOR OF PUBLIC UTILITIES AT LEAST TWENTY-FOUR HOURS PRIOR TO BECOMING EFFECTIVE. BUSSES HAVING A BEGINNING OR ENDING TERMINUS WITHIN THE CITY OR PASSING THROUGH ANY PART OF THE CITY BY SPECIAL CHARTER, NEED NOT HAVE THE ROUTE OR TIME SCHEDULE FIXED. SHOULD THE GRANTEE DISCONTINUE ANY ROUTE ONCE DESIGNATED, SUCH ROUTE SHALL NOT BE REINSTATED WITHOUT PRIOR APPROVAL OF THE CITY COUNCIL AFTER PUBLIC HEARING. A CONSOLIDATION IN ROUTING OR CHANGE IN ROUTING SHALL NOT BE CONSIDERED AS A DISCONTINUANCE. SECTION 6. THE GRANTEE OR HIS ASSIGNS SHALL COMPLY WITH ALL TRAFFIC REGULATIONS AND ORDINANCES, AND ALL OTHER ORDINANCES AND REGULATIONS NOW IN FORCE IN THE CITY OF CORPUS CHRISTI OR WHICH MAY BE HEREINAFTER PASSED AND ENFORCED INSOFAR AS APPLICABLE. ' '735'7 SECTION 7. THE FARE CHARGED FOR EACH CONTINUING PASSAGE FROM TERMINUS TO TERMINUS WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL BE REGULATED BY THE CITY COUNCIL, PROVIDED HOWEVER, THAT WHERE SAID OMNIBUSES ARE OPERATED BEYOND THE CITY LIMITS AN ADDITIONAL CHARGE MAY BE MADE BY GRANTEE FOR THE PORTION OF THE TRIP BEYOND THE CITY LIMITS. SECTION 8. AT THE TERMINATION OF SUCH TWO, (2) YEARS THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT._ GRANTEE MAY, BY GIVING THE CITY THIRTY (30) DAYS PRIOR WRITTEN NOTICES TERMINATE THIS FRAN- CHISE AT THE END OF ONE_YEAR FROM THE DATE HEREOF. SECTION 9. ANY INFRACTION HEREOF BY THE GRANTEES SHALL CAUSE FOR- FEITURE OF THIS GRANT WHEN CONTINUED AFTER A HEARING BEFORE THE CITY COUNCIL, OR REPEATED AFTER WRITTEN NOTICE. SECTION 10. IF ANY PARTS OF THIS ORDINANCE SHALL BE HELD INVALID, NO VALID PARTSTHEREOF SHALL BE AFFECTED THEREBY. THIS ORDINANCE SHALL BE BINDING ONLY UPON THE ACCEPTANCE THEREOF IN WRITING BY THE NUECES TRANSPOR- TATION COMPANY WITHIN THIRTY (30) DAYS AFTER THE FINAL PASSAGE THEREOF. GRANTEES, 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, WHETHER IT BE NUECES TRANSPORTATION COMPANY, ITS SUC- CESSORS OR ASSIGNS, ASSIGNMENTS BEING PERMITTED TO ANY ASSIGNEE APPROVED BY THE CITY COUNCIL. SECTION 11. SUBJECT TO THE APPROVAL OF THE TRAFFIC ENGINEER OF THE CITY, THE GRANTEE MAY DESIGNATE SUCH BUS STOPS AS IT MAY DESIRE, AND SHALL HAVE THE RIGHT TO EQUIP THE SAME WITH MARKERS OF THE TYPE AND SIZE APPROVED BY THE CITY. AT ALL DESIGNATED STOPS OF THE GRANTEE THE CITY SHALL SET ASIDE SUCH SPACE OR ZONE AS IN THE JUDGMENT OF THE CITY TRAFFIC ENGINEER SHALL BE ADEQUATE AND IN WHICH OTHER VEHICLES SHALL NOT BE PER- MITTED TO INTERFERE WITH THE BUS OPERATIONS TO THE END THAT THE SAFETY; CONVENIENCE, AND WELFARE OF THE PATRONS AND PUBLIC MAY BE SAFEGUARDED. SECTION 12. GRANTEE SHALL KEEP ITS EQUIPMENT IN SAFE CONDITION, AND SHALL OPERATE ITS BUSSES ONLY WITH DRIVERS PROPERLY LICENSED UNDER THE PROVISIONS OF THE LAWS OF THE STATE OF TEXAS AND WHO HAVE COMPLETED A MINIMUM TRAINING PERIOD AS PRESCRIBED BY THE GRANTEE. SECTION 13. ALL BUSSES EXCEPT THOSE OPERATED BY SPECIAL CHARTER SHALL BE RUN ON SCHEDULE AND ON THE ROUTE ESTABLISHED BY THE GRANTEE AS HEREIN PROVIDED, AND THE GRANTEE SHALL MAINTAIN REGULAR MOTOR BUS TRANSPOR- TATION SERVICES ACCORDING TO THE POSTED AND PUBLISHED SCHEDULE AND ROUTES ADEQUATE TO MEET THE NEEDS OF THE PUBLIC AS DETERMINED BY THE CITY COUNCIL AFTER PUBLIC HEARING. IN THE EVENT OF INTERFERENCE WITH OR OBSTRUCTION TO THE TRANSPORTATION SERVICES BY REASON OF PHYSICAL CONDITIONS OF STREETS, ALLEYS, OR THOROUGHFARES, APPROVAL SHALL BE REQUIRED OF THE TRAFFIC ENGINEER AND/OR THE DIRECTOR OF PUBLIC WORKS FOR THE ALTERNATE ROUTE SUGGESTED BY THE BUS COMPANY DURING THE PERIOD THAT THE NORMAL ROUTE IS INOPERATIVE. SECTION 14. GRANTEE \AGREES TO PAY ALL AD VALOREM TAXES, AND ALL ASSESSMENTS, AND CHARGES OWED TO THE CITY BY VIRTUE OF THIS FRANCHISE OR ANY OTHER ORDINANCE OF THE CITY OR ANY LEGAL TAX ASSESSMENTS PRIOR TO BECOMING DELINQUENT. SECTION 15. UPON THE ANNEXATION OF ANY TERRITORY TO THE CITY, THE PORTION OF ANY SAID SUCH TERRITORY SHALL THEREAFTER BE SUBJECT TO ALL THE TERMS OF THIS FRANCHISE AS THOUGH IT WERE AN EXTENSION MADE HEREUNDER. SECTION 16. THE COMPANY SHALL AT ALL TIMES DURING THE TERM HEREOF COMPLY WITH PROVISIONS OF THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS, SO FAR AS THEY MAY PROVIDE ACCORDING TO THEIR PROVISIONS NOW -2- IN FORCE OR AS HEREINAFTER ENACTED, FOR THE KEEPING OF BOOKS, AND RECORDS, REPORTS, STOCK AND SECURITIES ISSUED AND THE CARRYING OF INSURANCE OR SECURITY BONDS. AT THE TIME OF THE PAYMENT OF THE STREET RENTAL FEES AND/OR PERMIT FEES, AS HEREINABOVE PROVIDED IN SECTION 2 HEREOF, GRANTEE SHALL FURNISH STATEMENTS IN SUFFICIENT DETAIL TO SHOW THE GROSS REVENUE FROM THE SOURCES SPECIFIED IN SECTION 2 HEREOF. IN DETERMINING WHAT SHOULD BE A REASONABLE RATE OF FARES THE CITY SHOULD HAVE THE RIGHT TO INSPECT THE BOOKS OF THE COMPANY. SECTION 17. THIS GRANT SHALL NOT BE CONSTRUED TO BE AN EXCLUSIVE GRANT AND FRANCHISE OF THE CARRYII.GOF PASSENGERS FOR HIRE, BUT THE CITY WILL EXERCISE ITS REGULATORY POWERS TO GIVE REASONABLE PROTECTION TO THE GRANTEE AGAINST UNFAIR COMPETITION WHICH WOULD TEND TO PREVENT THE GRANTEE FROM MAIN- TAINING ADEQUATE SERVICE AS AN ECONOMICAL OPERATION. SECTION 18. EACH SECTION OF THIS ORDINANCE AND EACH PART OF EACH SECTION HEREOF IS HEREBY DECLARED TO BE AN INDEPENDENT SECTION OR PART OF SECTION, AND IF THE WHOLE OF ANY SECTION OR A PART THEREOF WOULD BE UNCON- STITUTIONAL, VOID, ILLEGAL, INEFFECTIVE OR CONTRARY TO THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, OR ANY AMENDMENTS THERETO, OR INVALID FOR ANY REASON, SHALL NOT AFFECT ANY OTHER SECTION OR PART OF SECTION OF THIS ORDINANCE. SECTION 19. THIS ORDINANCE SHALL BECOME EFFECTIVEUPON FINAL PASSAGE HEREO F. SECTION 20. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH ARE HEREBY EXPRESSLY REPEALED. THAT THE FOREGOING ORDINANCE WAS IAD FOR THE Fl PAS EDP41 0 ITS SECOND READING ON THIS THE DAY OF 19 I , BY THE FOLLOWING VOTES JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JRo THAT THE FOREGOING ORDINALD5WAS READ FO TO ITS THIRD READING ON THIS THE 1J DAY OF BY THE FOLLOWING VOTES THAT THE FORE FINALLY ON THIS THE THE FOLLOWING VOTE: PASSED JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. ORDINANCE DAY OF IME ANDSED , 19 , JAMES L. BARNARD JAMES H. YOUNG / JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JRo / AND APPROVED, THIS THE 4" DAY OF OR—THE ; ➢ HHI 0 TIME AND PASSED C TY SECRE ARY APPROVED AS TO LEGAL FORM THIS DAY OF 19 C CITY A TTORN "r THE CITY OF CORPUS CHRISTI, TEXAS R PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: • County of Nueces. , Before me, the Leland G. Barnes Classified Advertising undersigned, a Notary Public, this day personally can , who being first duly sworn, according to law,t Manager of the Corpus Christi Caller and The G Daily Newspapers published at Corpus Christi, Texas, in said County and State, and th LEGAL - -An erdinance grant"in.a..ItzQ.a.es "._r a.nap.ortation..oamp.ang.. .a. for 5 years for purpose of operating onmibuses - -- of which the annexed is a true copy, was published in Th&.2itnea on the 1C day of September 19 6i.andxinaetxtrdh " "..2...Ulnas thereaft .gdafracitttrymanamely ,Au"gue.t_,.3,li.,...7961E and September 21,1964 3 Times. 136.11 ci 'ti'Ifre-d A3v'_^° 's ng !a Subscribed and sworn to before me this 23 t ay of 411tetlib.e.r Louise Vick otary Public, Nueces C 101 me toregoalg ordinance was read for the setynd time and passed t Its third re gllna on this the u day at August, 1964 b Vo1JOmes L. Barnard Joe James H. Y Aye Jock R. BI kmen Aye M. Maldonado Aye W. J. Roberts That the foregoing ordinance was finally on the thisthird 16th day and of'SSep°td, 1964, by the following v e James H. Barnard 9 , 7Aye • Jack R. Blackmon Are Jose R DeLeon Aye M. P. Maldonado Aye W. H. Roberts acc, Jr. Ayye PASSED AND APPROVED, this iKe 161h day of Sept., 1964. ATTEST: • s- T. Ray Kring, City Secretary City Secretary APPROVED AS TO LEGAL FORM I. HM. Sinner, City Aug. - James L. Barnard, MAYOR. THE CITY OF CORPUS CHRISTI, TEXAS (.10, 115 may be safeguarded. SECTION 11. Grantee shall keep Its equipment In safe condition, and drivers prate Its buses only with provision, .t toe (laws pt thee` State of Texas and ho have mplefed minimum training period as Pre- scribed by the Grantee. SECTION 13. Alt buses except Mose by e a �c o sail e run on schedule d the route established by the Gran- tee as herein provlded, and the Grantee shall maintain regular mo. for bus transportation services OG carding to the posted and published schedule e and ds of`sthed9bile to meet needs the City Council aft. Ipublic hearing. In the event f nterference with or obstruction of the transportation serene. by red. son alleys, aryylthoroughfares, °approval shall be required of the Traffic En tic `Works for MtheDlalternate route suggested by Moe rmarue Is inoperative. SECTION 14. Grantee agrees to M 011 re valorem taxes and all City or gni legal tax assessments k prior to becoming delinquent. SECTION 15. Upon the annexation tl nnof tanytsaidt such terrllory shall thereafter by sublect to all the terms of It were this tensions made hereunn- e SECTION 16 The Company shall at all times during the term herw f, comply will provisions of the Charter and ordinances of the City of Corpus Christi, Texas, so far as they may provide according to hereinafter ereinaftsenactedd, for the keeping I atma yd secu a Issrecords, ed, reports, the n ingf insurance ar security bonds. At the time of the payment f the street rental fees andmr permit ten, es herelnabove provided In Section 2 hereof, Grantee shall furnish state. menis In sufficient detail to show the gross revenue from the sources speCdied In Section 2 hereof. In de. termining what should be a reason. SECTION 17. This grant shall of be t end franchise be the carrying of en passengers for hire. but the City will ercise Its regulatory powers to Gro reasonable protection to Me iGrantee against unfair competition which would tend to prevent the Grantee Trent maintaining adequate service as an economical operation. .1 SECTION ordinance Na d each spare i t xit section hereof Is hereby declared to of Sooilon.eandd if Independent whole of part Section o part thereof Would be unconstitutional, void, Illegal, In. effective or contrary to the provisions of the Charter Of the Clty of Corpus Chrlstl. Texas, or any amendments thereto, or invalid ter arty Section or shall part of Sectlon oth- er fills ordinance. SECTION 19. This ordinance shall become effective upon final passage hereof SECTION 20. All ordinances or parts of ordinances In conflict here- with are hereby n d t xpressty ah trltggm M rere peawl00 read for her time a raised 10 Ih second reading on this the 5 day of Aug., 1964, by the following vote: James 4 Barnard Aye James N Young I Aye Jock R. Stedman ■ Aye Jose R. DeLeon Aye M. P. Maldonado Absent W. J. Roberts Aye PUBLISHER'S AFFIDAVIT STATE OF TEXAS, .} P' County of Nueces. }ss: R r Before me, the undersigned, a Notary Public, this day personally came Lel am] ,,rues who being first duly sworn, according to law, says that he is the 01aesif1 e- "avert is °n� an�er of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Lin ^L --An Ordina' ^ce ^r +,ir- m „ for f; � ^ „ <'Ra.'-'a "A.c..h+S, ..:.» ... ^..j..0;:. - -C "r 4^ i of which the annexed is a true co ^ ^ on ? c -" py, was publs isheed d' in a r - m �...._ =..met on the. _ 10 day of ° opt er,her 19 AYand;oneettnrch ' � . ..s • -” .thereafter fonx ei�ttiy£xna m e] 71 &U 1LSt .1c64 and )te�� °r 1 a 1' ,1��_, 1 Times. �1z,So1� Subscribed and sworn to before me this 23 n' +.ana, er ti a y of y � ^tom ^err L ^::;.se otary Public, Nueces County, Texas published ° °undo en event t dia et I Ito rteren� =� °tlon SeNI�' by r� St ofeP gs°Ini onhiors, °t sopiPpredal eileva ihoroe9 the 7rallloyal shell M �atlf the Dlhedot � lj�° °>s w� ih eus Icum_ WAY We to ed in TM cots canon e r siPOloll e01m pent Shetl termnt tine ', be COY the CbGTe%e5. Chrlsil, velid ter shall not eHed °nY d1'• or part al Sedlen of ce. edlvephwnce tale I� oPo^ tinol p°S I Pei: of ubllc 09901 scheb 0 w 9 the 00ch su OM. ero (pules State• ng 900 ka nm 090i9 . Gam p ^ �. ,. o w nbn enpe through te . " P fat °Vme - vat he • ritliw'ch route wo Ol+out parlor ,IIQ tleo tin s0(0l 0 shall etlpas a tliscentlnuenee. CTh e G wilIrrallrfr091 019115 shall mpl u fill that Mans antl rtllnonce�allmn all W inert °fcelnln the C lY a9 Corpus pasietd o na henforced Insofar m tap• pilcablea sECTIGN 7. The fare chr om g. nslmp ppssoae minuc tic s in Anus wlihln Me Ilmits of Ih Cpepl unclt, where v