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Home My WebLink About07458 ORD - 01/13/1965AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 36, AR`T'ICLE II, AS AMENDED, EN- TITLED "DRIVERLESS AUTOMOBILES BY REPEALING SEC - TIONS 36 -91 THROUGH 36 -115, BOTH INCLUSIVE, AND ADOPT- ING AS PROVISIONS SECTIONS 36 -91 and 36 =92, BOTH INCLUS- IVE, AS HEREINAFTER SET FORTH; PROVIDING A PENALTY FOR VIOLATION AND PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. a w BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS 4 CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, 1958; as amended, be amended and the same is hereby amended by, amending Chapter 36, Article II, as amended with reference TO "Driverless Automobiles ", by striking, out Sections 3641 through 36 -115, both inclusive, and inserting in lieu thereof t' the following: Section 36 -91. Financial Responsibility for Rented or Leased, Vehicles. c A (a) It shall be unlawful for any person who is engaged in the business of, renting or leasing automobiles and /or trucks or for any person who is en- gaged in "a business which rents or leases automobiles and /or trucks either r, regularly or periodically, as an incident of said business, to rent or lease or to offer for. rent or for lease in the City any automobile or truck unless at the time said automobile or said truck is rented, leased or offered for rent or for lease, such person has on file with the City Secretary a certificate of insurance in force, covering said vehicle as hereinafter provided,' or unless such person has on file with the City Secretary at such time, in lieu of insur- ance;, cash .or securities, as hereinafter provided. Provided, however, there is no intent to regulate in any manner by these provisions any trans- action involving the renting of either an automobile or a truck for a term of one year, or longer. (b) The certificate of insurance in force, as called for by the pre- ceding Section, shall be issued by an insurance company duly authorized to do 0 �R�i f business in the State of Texas.. To' be sufficient hereunder such certificate of insurance in force must be examined and approved by the City Secretary. Before approval thereof can be given by the City Secretary, it shall be necessary to produce for his inspection either the original policy ofinsur- ance or a true copy thereof.. Upon inspection thereof, the City Secretary shall return such policy or such true copy to the person furnishing the same. Such policy shall provide in substance that the insurer will pay any final judg- ment of a court of competent jurisdiction against the owner or lessor of the vehicles covered or against any authorized person driving an automobile or a truck rented or leased from said owner or from said lessor for damages or r;,y injury resulting from the negligent operation of said vehicle or from the ,Y unsafe condition of the same. The maximum coverable under such policy shall be not less than $100, 000.00 for death of or injury to any person in any one accident, $300,000.00 for death of or injury to two or more persons in any one accident and $25, 000.00,for property damage, such policy shall inure to the benefit of any person in whose favor such judgment may be rendered, but may contain a provision that suit against the insurer may not be brought until the owner, the lessor, or the driver has failed to pay the final judgment of a court of competent jurisdiction against him. (c) Such certificate shall contain a provision that it may not be cancelled, revoked or annulled by the insurer without giving at least ten (10) days written notice thereof to the City Secretary. Should the person on whose behalf said certificate is filed allow the same to be cancelled, revoked or annulled without making provision for other coverage, in accordance with the t requirements hereof, then, upon the effective date of such cancellation, revocation or annulment and thereafter, it shall be considered for the purposes of this Article that as to said person there is no certificate of insurance in force on file with the City Secretary. (d) Neither the City nor any officer or employee thereof shall be liable -2- for the financial responsibility of any insurer, or in any manner become liable for any claim or act or omission, relating to any such automobile or truck or the insurance thereon. (3) Any person desiring to rent or lease automobiles and /or trucks may, in lieu of obtaining insurance and filing a certificate thereof, make a .cash deposit or place as collateral security with the City Secretary United States Government Bonds, United States Treasury Certificates and /or bonds issued by the State of Texas, by Nueces County, by the City of Corpus Christi or by Corpus Christi Independent School District. To be sufficient hereunder such cash and /or securities must be in the amount of or must be of a value of $100, 000.00. Upon deposit of such cash and /or securities, the City Secre -, tary shall issue such depositor a receipt for the same. The cash or securities deposited with the City Secretary in lieu of .a < the aforesaid policy of liability insurance shall stand and be liable for any final judgment of a court of competent jurisdiction against the owner or lessor of the said. automobiles and /or trucks or against any authorized person driving an automobile or a truck rented or leased from said owner or from said lessor for damages or injury resulting from the negligent operation of said vehicle or from the unsafe condition of the same. (f) 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, lessor or authorized driver of said vehicles. « Section 36 -92.. General Provisions Fixing Penalty. Any person, firm, corporation, association, partnership or society violating any provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) and not more than two hundred dollars ($200.00), -3- • • and each such renting or leasing without compliance herewith shall constitute a separate offense. SECTION 2. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid,, it shall not affect any valid provisions of this or any other ordinance of the City of Corpus Christi ` to which these rules and regulations relate. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi, one time, which publication shall contain the caption stating in substance the purpose of the ordinance and reciting the pen- t+ alty for violation of the ordinance. SECTION 4. THE NECESSITY TO IMMEDIATELY AMEND THE DRIVERLESS AUTOMOBILE ORDINANCE OF THE CITY AS HEREINABOVE SET FORTH CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 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 v. HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS �J PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO / ORDAINED THIS THE J C/ DAY OF JANUARY, 7965. A THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRE A Y APPROVED AS TO LEGAL FORM THIS 2 DAY OF JANUARY, 7965: CITY ATTORNEY -4- r CORPUS CHRISTI, TEXAS / C/ Al OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE..FORE- GOING ORDINANCE} A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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 COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. * a RESPECTFULLY, �OFCO2PUS THE CITY CHRISTI, TEXAS a THE CHARTERIRULE WAS SUSPENDED BY THE FOLLOWIMG VOTE% JAMES L. BARNARD ,,JAMES H. YOUNG • JACK R. BLACKMON JOSE R: DELEON L M. P. MALDONADO d W. J. ROBERTS t W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING ,VOTEI " JAMES L. BARNARD ' JAMES H. YOUNG JACK R. BLACKMON ./ JOSE R. DELEON 1. M. P. MALDONADO W. 4. ROBERTS � /[\ W. H. WALLACE, JR. C- 1 , F PUBLISIiEWS AFFIDAVIT 't y TE`LAS, ss a Z , STxTF- Or of Nueces. ersonally can EMERGEn�.A op Appp°V C,C v-] County public, this day p WAS I,, 11 S,ha n r ° s a Notary ,he C11Y tha IT "' Its °° i ned Pus Chrlsm, the unders g according to lawmee +;n° °n Before me, sworn, acco aPr P+ JPPPM'. �des:�a P, °Y10e first duly shot lE shoil Who being d The C °�t" I n< . Caller an °a;ioe°`i °° sP pu lie. M, .... -••••- less than It t o,oti in °sed ° Christi of the Corpus j e1 aril3• - -•- Njgiun�er- ._..- .. -... and tb w a,e° eons : zo TBoiR and State, i eaAdvertis ir$- in said County Y v a T.cny °, "C Class••--•-° - > ti, Texas, Chr - No 745a'-dr' C. uu: cn iii r �� ..- .....1`J.erles s is Daily Newspapers published at Corpus &n ®rdiri✓ce ...... ............. e o£ passage•. of ............. ..- ...- ......... .. I3otic ..... -.... a Tj,}nes. -- was published in .tM ............. ... ......... Of which the annexed is a true copy, da of January ........ ..... on the 27..... y 19.65 X�yS ................ ...... 1 ..._Times. i s ........... - I, ' Subscribed and sworn to before me -: Louise Vick i