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Home My WebLink About07961 ORD - 03/30/1966-. IMS:JKH:VMP:3 -17 -66 AN ORDINANCE, AMENDING SECTIONS 36 -91 AND 36 -92 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING ORDINANCE NO. 7458, SO AS TO REQUIRE FINANCIAL RESPONSIBILITY OF ANYONE RENTING OR LEASING MOTOR BIKES; ADOPTING NEW SECTION TO BE NUMBERED 36-93, FORBIDDING THE RENTING OF SUCH VEHICLES TO ANY PERSON WHO DOES NOT HOLD A DRIVER'S LICENSE OR WHO IS UNABLE TO SAFELY DRIVE SUCH VEHICLE, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR PUBLICATION: AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 7458, AMENDING SECTIONS 36 -91 AND 36 -92 OF THE CORPUS CHRISTI CITY CODE, 1958, BE AND THE SAME IS HEREBY I AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 36 -91. FINANCIAL RESPONSIBILITY FOR RENTED OR LEASED VEHICLES. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS4ENGAGED IN THE BUSINESS OF RENTING OR LEASING AUTOMOBILES, TRUCKS, MOTOR BIKES OR MOTOR SCOOTERS OR FOR ANY PERSON WHO IS ENGAGED IN A BUSINESS WHICH RENTS OR i LEASES AUTOMOBILES, TRUCKS, MOTOR BIKES OR MOTOR SCOOTERS EITHER 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, TRUCK, MOTOR BIKE OR MOTOR SCOOTER, UNLESS AT THE TIME SAID AUTOMOBILE, TRUCK, MOTOR BIKE OR MOTOR SCOOTER 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 r PERSON HAS ON FILE WITH THE CITY SECRETARY AT SUCH TIME, IN LIEU OF IN- SURANCE, CASH OR SECURITIES, AS HEREINAFTER PROVIDED. PROVIDED, HOWEVER, THERE IS NO INTENT TO REGULATE IN ANY MANNER BY THESE PROVISIONS ANY 31 +. TRANSACTION INVOLVING THE RENTING OF EITHER AN AUTOMOBILE, TRUCK, MOTOR BIKE OR MOTOR SCOOTER FOR A TERM OF ONE YEAR, OR LONGER. r , . (B) THE CERTIFICATE OF INSURANCE IN FORCE, AS CALLED FOR BY THE PRECEDING SECTION, SHALL BE ISSUED BY AN INSURANCE COMPANY DULY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS. TO BE SUFFICIENT HEREUNDER, SUCH CERTIFICATE OF INSURANCE IN FORCE MUST BE EXAMINED AND APPROVED BY THE �t CITY SECRETARY. BEFORE APPROVAL THEREOF CAN BE GIVEN BY THE CITY SECRETARY, IT SHALL BE NECESSARY TO PRODUCE FOR HIS INSPECTION EITHER THE /I ORIGINAL POLICY 1 f '961. ' 11 r- ,� c OF INSURANCE OR A TRUE COPY THEREOF., UPON INSPECTION THEREOF THE CITY SECRETARY SHALL RETURN SUCH POLICY OR SUCH TRUE COPY TO THE PERSON FURNISH- ' i ING THE SAME. SUCH POLICY SHALL PROVIDE IN SUBSTANCE THAT THE INSURER WILL PAY ANY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION AGAINST THE OWNER OR LESSOR OF THE VEHICLES COVERED OR AGAINST ANY AUTHORIZED PERSON DRIVING AN AUTOMOBILE, A TRUCKS MOTOR BIKE OR MOTOR SCOOTER, 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. THE MAXIMUM COVERABLE UNDER SUCH POLICY SHALL NOT BE 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 $251000.00 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 REQUIREMENTS THEREOF, THEN, UPON THE EFFECTIVE DATE OF SUCH CANCELLA'TION,.REVOCATION OR ANNULMENT AND THEREAFTER, IT SHALL BE CONSIDERED FOR THE'PURPOSES OF THIS ARTICLE THAT'AS TO SAID PERSON THERE IS NOT A CERTIFICATE OF INSURANCE IN FORCE ON FILE WITH THE CITY SECRETARY. (D), NEITHER -THE CITY NOR ANY OFFICER OR EMPLOYEE THEREOF SHALL BE LIABLE FOR-THE FINANCIAL RESPONSIBILITY OF ANY INSURERS OR,IN ANY, MANNER BECOME LIABLE FOR ANY CLAIM OR ACT OR OMI'SSION, RELATING TO ANY SUCH AUTOMOBILES TRUCK, MOTOR BIKE OR MOTOR SCOOTER OR THE INSURANCE THEREON. r : I (E.) ANY PERSON DESIRING TO RENT OR LEASE AUTOMOBILES TRUCKS, MOTOR BIKES OR MOTOR SCOOTERS MAY, IN LIEU OF OBTAINING INSURANCE AND -2- i 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 SECRETARY SHALL ISSUE SUCH DEPOSITOR A RECEIPT FOR THE SAME. THE CASH OR SECURITIES DEPOSITED WITH THE CITY SECRETARY IN LIEU OF 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, TRUCKS, MOTOR BIKES OR MOTOR SCOOTERS OR AGAINST ANY AUTHORIZED PERSON DRIVING AN AUTOMOBILE, TRUCK, MOTOR BIKE OR MOTOR SCOOTER 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. t "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 MISDEMEANOR 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), AND EACH SUCH RENTING OR LEASING WITHOUT'�COMPLIANCE HEREWITH SHALL CONSTITUTE A SEPARATE OFFENSE. "SECTION 36 -93. No PERSON SHALL RENT ANY DRIVERLESS AUTOMOBILE; TRUCK, MOTOR BIKE OR MOTOR SCOOTER TO A PERSON WHO DOES NOT HOLD A VALID DRIVERS LICENSE, OR WHO IS INTOXICATED, OR IS OBVIOUSLY UNABLE TO DRIVE SAFELY BECAUSE OF ILLNESS OR BECAUSE OF SOME OTHER REASON." -3- SECTION 2. IF ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALIDI 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 PENALTY FOR VIOLATION OF THE ORDINANCE. .I 2 A 1 h 8 d 2 A 1 h THAT THE FOREGOING ORDINANCE WAS D FOR THE FI S'I 71ME AND PASS D /TO ITS SECOND READING ON THIS THE DAY OF , 19 C, , BY THE FOLLOWING VOTE: I 6 . a Y1. DR. MCIVER FURMAN JACK BLACKMON �� y + ,�.•. PATRICK J. DUNNE l DR. P. JIMENEZ, JR. } k KEN MCDANIEL ,r RONNIE SIZEMORE X.12 WM. H. WALLACE ' THAT THE FOREGOING ORDIN C WAS READ FOR SECOND E AND P SS D 9170 175 THIRD READING ON THIS THE DAY OF , 19, BY THE FOLLOWING VOTE: DR. MCIVER FURMAN f JACK BLACKMON PATRICK J. DUNNE Af DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE r Wm:* H. WALLACE+ r f THAT THE FOREGOING ORDINANCE WAS RE 'FOR THE THIRD T ME AND PASSED 1 A FINALLY ON THIS THE _� 1 DAY OF �j��, , 19 , BY THE FOLLOWING VOTE: � wa DR. MCIVER FURMAN A JACK BLACKMON PATRICK *J. DUNNE �„x. •s, DR. P. JIMENEZ, JR. + + + KEN MCDANIEL RONNIE SIZEMORE /�✓Jq a7 + WM. H. WALLACE PASSED AND APPROVED,-THIS THE �%1 DAY OF s ATTEST:' a zL- Cl,�(Y SECRETARY I APPROVED AS 0 LEGAL FORM THIS 9�� • �, _ / DAY OF MAYOR 'THE CITY OF CORPUS CHRISTI, TEXAS CITY' TORNEY F . � s