HomeMy WebLinkAbout08585 ORD - 09/06/19671 j
HR: 7/20/67
AN ORDINANCE
GRANTING TO STAR CAB COMPANY A FIVE YEAR FRANCHISE
IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED
AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956,
FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER
THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES
OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFY-
ING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF
GROSS RECEIPTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THE RIGHT AND PRIVILEGE IS HEREBY GRANTED TO STAR CAB
COMPANY, HEREINAFTER CALLED GRANTEE, IN THE FORM PRESCRIBED BY ORDINANCE N0.
4536, TO OPERATE A TAXICAB OR TAXICABS ALONG AND OVER THE PUBLIC STREETS,
ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR A TERM
OF FIVE (5) YEARS, EXCEPT AS SAID FRANCHISE FORM IS MODIFIED BY SECTION 2
HEREOF.
SECTION 2. A GROSS RECEIPTS FEE OF 2% SHALL BE PAID BY GRANTEE
AND SAID FRANCHISE SHALL SO PROVIDE.
TEXAS:
ORDINANCE NO.
GRANTING
A FRANCHISE ON AND OVER THE
PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2 %) OF
GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH
CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS
FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF
A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING
THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIA-
BILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PRO-
VIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE
UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30)
DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THE RIGHT AND PRIVILEGE IS HEREBY GRANTED TO
_.. _ 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
HEREIN 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 SUPERVISOR OF COLLECTIONS, 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 ADVER-
TISING 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, WHICHEVER
MAY BE THE GREATER.
(B) SAID PAYMENTS SHALL BE MADE IN LAWFUL MONEY OF THE
UNITED STATES, AT THE OFFICE OF THE SUPERVISOR OF COLLECTIONS
OF THE CITY OF CORPUS CHRISTI TEXAS, AND SAID REMITTANCE
SHALL BE MADE MONTHLY ON OR BEFORE THE •IOTH DAY OF EACH
CALENDAR MONTH BASED UPON 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 OTHER-
WISE, AS IS NOWT OR MAY IN THE FUTURE BE PROVIDED FOR BY
CITY ORDINANCE. THE COMPENSATION HEREIN PROVIDED FOR
SHALL BE IN LIEU OF ANY OTHER FEES OR CHARGES IMPOSED BY
ANY OTHER ORDINANCE NOW IN EFFECT DURING THE LIFE HEREOF
EXCEPT THAT IN EVENT OF CONFLICT THE HIGHER CHARGE SHALL
BE PAID, BUT IN NO EVENT SHALL THE GRANTEE BE RELEASED
FROM THE PAYMENT OF ANY AD VALOREM TAXES LEVIED NOR IS
THE CITY PROHIBITED HEREBY FROM COLLECTING THE FEES FOR
ICHAUFFEURS LICENSES AS PROVIDED IN THE TAXICAB ORDINANCE
AS IT NOW EXISTS OR SUCH LIKE FEES AS MAY IN THE FUTURE
BE PROVIDED BY ORDINANCE.
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
SHOWING 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 OF THEM, SO AS TO ENABLE THE CITY TO
CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RECEIPTS
STREET RENTAL, FEE OR CHARGE DUE TO IT BY VIRTUE HEREOF.
SECTION 4. A TAXICABS AS USED IN THIS ORDINANCE SHALL MEAN EVERY
AUTOMOBILE OR MOTOR PROPELLED VEHICLE USED FQR THE TRANSPORTATION OF PASSEN-
GERS ANO /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 ROUTES AND IRRESPECTIVE OF WHETHER OR NOT THE OPERATIONS
EXTEND BEYOND THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI] AT RATES FOR
- - ^-- .._ « a-.. -. _._, nsi4:."a. ..: .. .� -. ... .,1.' r.. ___ 'i. '. _., :N a ,hLi ?�A• -: t..__....
DISTA14CE 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 CONSTRUCTIONS SHALL BE KEPT IN GOOD
REPAIR AND KEPT CLEANS AND IF. THE GRANTEE DOES NOT COMPLY WITH THE SPIRIT
OF THIS PARTICULAR PROVISION OF HIS FRANCHISE THEN SUCH FAILURE TO DO SO
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 CHRISTI AND THE LAWS
OF THE STATE OF TEXAS NOW IN FORCES 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
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 EFFECTIVE,
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 CAPE
AND CAUTION FOR THE PUBLIC SAFETY. SUCH ASSURANCE SHALL CONSIST OF A GOOD
AND SUFFICIENT POLICY OF INSURANCES BONDS OR CASH BOND AS NOW PROVIDED DY
THE EXISTING TAXICAB ORDINANCE; AND SHOULD THE CITY COUNCIL, BY ORDINANCE
REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCES OR REQUIRE THAT ALL TAXICAB
COMPANIES CARRY A POLICY OF INSURANCES OR INCREASE THE FACE AMOUNT OF SUCH
BOND OR INSURANCE, THEN THE GRANTEE SHALL HAVE THIRTY (30) DAYS FRO14 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 HEREIN —
BEFORE SET OUTS THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND
EFFECT.
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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 THEREFORE 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 'f
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 GRANTEC SHALL HOLD LEGAL TITLE TO SAID
VEHICLES IN HIS NAMES 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 AUTHORIZED BY THE LEGISLATURE OF THE STATE OF TEXAS TO IMPOSE
AND COLLECT OR WHICH ARE NOWT OR MAY BED IMPOSED BY ANY VALID ORDINANCE
DULY AI4D 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 PROVISIC14S 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 GRANTEES TAXICAB BUSINESS AND
FAILURE TO DISCHARGE THESE OBLIGATIONS OR ANY ONE OF THEME 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 FUTURES BE SET BY ORDINANCE PASSED BY THE CITY COUNCIL.
SECTION 111. 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 -
-, WITHIN THIRTY (30) DAYS AFTER THE
FINAL PASSAGE THEREOF] AND FULL COMPLIANCE BY THE GRANTEE WITH THE TERMS HERE-
OF 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 ACCEPTED WITHIN THE TIME PRESCRIBED THEN THE GRANTEE SHALL NO LONGER
HAVE THE RIGHT TO OPERATE A TAXICAB OR TAXICABS 4./1THIN THE CITY OF CORPUS
CHRISTI.
SECTION 16. "GRANTEE" AS HEREIN USED SHALL Be CONSTRUED AS
SINGULAR OR PLURALS ACCORDING TO WHETHER ONE OR MORE THAN ONE PERSON AT /
THE PARTICULAR TIME MAY BE THE OWNER OF THIS GRANT.
SECTION 17. THIS FRANCHISES AND THE PERMITS HELD By THE GRANTEE
IN CONNECTION WITH SAID FRANCHISES MAY BE•SOLD, TRANSFERRED AND INHERITED;
PROVIDED, HOWEVER 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 IF NOT IN GOOD FAITH
OR THAT THE PROPOSED PURCHASER OR TRANSFEREE IS NOT CAPABLE OF CONTINUING
THE OPERATION UNDER SUCH FRANCHISES IN SUCH A MANNER AS TO RENDER THE
SERVICES DEMANDED IN THE BEST INTEREST OF THE PUBLICS 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
TRANSFEREE.
SECTION 1$. 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 50 AS 1'O
GIVE GOOD SERVICE,, EMPLOY DRIVERS THAT MEET THE REQUIREMENTS OF THE PRESENT
-5-
TAXICAB ORDINANCE, OR THAT MEET SUCH REQUIREMENTS AS MAY DE REQUIRED BY
ORDINANCES 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 OPCRATED UNDER THE TERMS OF THIS FRANCHISE SHALL COMPLY
WITH ALL OF THE ORDINANCES OF THE CITY OF CORPUS CHRISTI AND THE IA WS OF
THE STATE OF TEXAS NOW PROVIDED AND AS MAY HEREAFTER BE PROVIDED, REGULAT-
ING
CHAUFFEURS AND DRIVERS OF TAXICABS AND MOTOR VEHICLES FOR HIRE.
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 IN-
CLUDING THE RIGHT OF THE COUNCIL TO CHARGE THE GROSS RECEIPTS TAX PAYABLE
UNDER SECTION 2 OF THIS ORDINANCE] OR DO WHATEVER IS NECESSARY TO BETTER
PROTECT THE PUBLICS 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. '
THE ABOVE AND FOREGOING FRANCHISE GRANTED ON THIRD AND FINAL i
READING OF ORDINANCE NO. ON
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE DAY OF
CITY ATTORNEY
THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREBY
ACCEPTED AND AGREED TO BY THE GRANTEE.
DATED THIS THE DAY OF
ATTEST:
BY
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE DAY OF ,
l9_, BY THE FOLLOWING VOTE: I
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANT _
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
THAT THE FOREGOING ORDINAN AS READ FOR H ,SECOND TI E AND P SSED
TO ITS THIRD READING ON THIS THE DAY OF �(� � 7,
BY THE FOLLOWING VOTE: ll"
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANT
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
THAT THE FO EGGING ORDINANCE WAS READ FOR THE / T IRD TIME AND PASSED
FINALLY ON THIS THEDAY OF'�, �g y�`% , BY THE FOLLOWING
VOTE :
• - JACK. R. BLACKMON n'
BONNIE SIZEMORE
V. A. "DICK" BRADLEY, /RJR. _
ALL
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
PASSED AND APPROVED, THIS THE DAY OF 19�
ATTE
CITY SE CRETAR
MA R
APPROVED AS TO LEGAy FORM THl THE E CITY OF CORPUS CHRISTI, TEXAS
_DAY OF , 19�:
CITY ATTORN Y
TEXAS:
ORDINANCE
GRANTING STAR CAB COMPANY
' A FRANCHISE ON AND OVER THE
PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF
GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH
CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS
FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF
A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING
THE END OF EACH CALENDAR NIONTH; PROVIDING FOR PUBLIC LIA-
BILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PRO-
VIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE
UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30)
DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THE RIGHT AND PRIVILEGE IS HEREBY GRANTED TO
STAR CAB COMPANY , HEREINAFTER
CALLED GRANTEE, FOR A PERIOD OF FIVE (5) YEARS FROM THE 6TH DAY OF
SEPTEMBER, 1967, TO OPERATE A TAXICAB OP. 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
HEREIN 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 SUPERVISOR OF COLLECTIONS, 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 ADVER-
TISING 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, WHICHEVER
MAY BE THE GREATER.
(B) SAID PAYMENTS SHALL BE MADE IN LAWFUL MONEY OF THE
UNITED STATES, AT THE OFFICE OF THE SUPERVISOR OF COLLECTIONS
OF THC 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.
(C) IT IS UNDERSTOOD THAT THE PAY14ENT OF THE MONIES AS
HEREIN•PROVIDED SHALL NOT BE CONSIDERED SO AS TO AFFECT
OR PREVENT ANY FORFEITURE OF PERMITS FOR NONUSER OR OTHER-
WISE, AS IS NOW, OR M.AY IN THE FUTURE BE PROVIDED FOR BY
CITY ORDINANCE. THE COMPENSATION HEREIN PROVIDED FOR
SHALL BE IN LIEU OF ANY OTHER FEES OR CHARGES IMPOSED BY
ANY OTHER ORDINANCE NOW IN EFFECT DURING THE LIFE HEREOF,
EXCEPT THAT IN EVENT OF CONFLICT THE HIGHER CHARGE SHALL
BE PAID, BUT IN NO EVENT SHALL THE GRANTEE BE RELEASED
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 PROVIDED BY ORDINANCE.
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
SHOWING ALL RECEIPTS OF SAID GRANTEE, WHICH SAID VERIFIED STATEMENT SHALL
BE FILED WITHIN TEN (l O) DAYS FOLLOWING THE END OF EACH MONTH. THE GRANTEE
SHALL INSTALL AND KCEP 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 OF THEM, SO AS TO ENABLE THE CITY TO
CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RECEIPTS,
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 PASSEN-
GERS 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
. -2-
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 MODERNS SAFE AND ADEQUATE CONSTRUCTION, SHALL BE KEPT IN GOOD
REPAIR 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 SO
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 CHRISTI, AND THE LAWS
OF THE STATE OF TEXAS NOW IN FORCES A140 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
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 %. GRANTEE MUST CARRY SUCH PUBLIC LIABILITY SECURITY AS
IS PROVIDED BY ORDINANCE. BEFORE THIS FRANCHISE SHALL BECOME EFFECTIVE
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 BONDS OR CASH BOND AS NOW PROVIDED BY
THE - EXISTING TAXICAB ORDINANCE; AND SHOULD THE CITY COUNCILS BY ORDINANCE
REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCE, OR REQUIRE THAT ALL TAXICAB
COMPANIES CARRY A POLICY OF INSURANCES OR INCREASE THE FACE AMOUNT OF SUCH
BOND OR IN5URANCE, 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 S. AT THE TERMINATION OF THE FIVE (5) YEAR PERIOD HEREIN -
BEFORE SET DUTY THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND
EFFECT.
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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 THEREFORE 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 T114E 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 CHRIISTI .
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 AUTHORIZED BY THE LEGISLATURE OF THE STATE OF TEXAS TO IMPOSE
AND COLLECT OR WHICH ARE NOWT OR MAY BED 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 RENDERS IN ACCORDANCE WITH
THE PROVISIC14S 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 TARES AGAINST EACH VEHICLE AND ALL
PERSONAL PROPERTY USED IN THE CONDUCT OF GRANTEES TAXICAB BUSINESS AND
FAILURE TO DISCHARGE THESE OBLFGATIONS, 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 RAZES AS ARE
NOWT OR MAY IN THE FUTURES 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 STAR CAB CONPANY
WITHIN THIRTY (30) DAYS AFTER THE
FINAL PASSAGE THEREOF] AND FULL COMPLIANCE BY THE GRANTEE WITH THE TERMS HERE-
OF 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 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 FRANCHISES AND THE PERMITS HELD BY THE GRANTEE
IN CONNECTION WITH SAID FRANCHISES MAY BE, SOLD TRANSFERRED AND INHERITED;
PROVIDED, HOWEVER THAT ANY SALE OR TRANSFER SHALL BE FIRST PRESENTED IN
WRITING TO THE CITY COU14CIL FOR ITS APPROVAL OR DISAPPROVAL AND THE CITY
COUNCIL MAY DISAPPROVE SUCH PROPOSED SALE OR TRANSFER IF 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 A14D QUALIFICATIONS OF A REGULAR APPLICATIONS AND
APPLY SAME AS NECESSARY QUALIFICATIONS OF ANY PROPOSED PURCHASER OR
TRANSFEREE.
SECTION 1$. 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 SERVICES EMPLOY DRIVERS THAT MEET THE REQUIREMENTS OF THE PRESENT
-5-
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, REGULAT-
ING CHAUFFEURS AND DRIVERS OF TAXICABS AND MOTOR VEHICLES FOR HIRE.
SECTION 20. THE CITY COUNCIL SHALL HAVE THE RIGHT TO MODIFY OR
CHANGE OR A14END OR ADD TO THIS ORDINANCE IN ORDER TO MAKE THE PROVISIONS
HEREOF MORE COMPLETELY MEET THE TAXICAB SITUATION IN CORPUS CHRISTI IN-
CLUDING THE RIGHT OF THE COUNCIL TO CHARGE THE GROSS RECEIPTS TAX PAYABLE
UNDER SECTION 2 OF THIS ORDINANCES OR DO WHATEVER 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. -
THE ABOVE AND FOREGOING FRANCHISE GRANTED ON THIRD AND FINAL
READING OF ORDINANCE NO. 8585 ON SEPTEMBER 6, 1967
c
CIT SECRET RY ,
APPROVED AS TO LEGAL FORM THIS
THE %`Ic DAY OF OCTOBER ,
196-.r
;o"
tCITY ATTORNEY
THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREBY
ACCEPTED AND AGREED TO BY THE GRANTEE.
DATED THIS THE �G DAY OF