HomeMy WebLinkAbout11574 ORD - 08/18/1973ORDINANCE NO.
GRANTING VICTOR MORENO, DBA RED TOP TAXI COMPANY
A FRANGHI SE 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 LOTH DAY OF EACH
CALENDAR" MONTH FOR THE AMOUNT DUE FROM i THE GROSS RECEIPTS
FOR THE PRECEDING CALENDAR MIONTH; 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)
I, 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 Victor
�SQrQg4 dba Red Ton Taxi Comvanv , HEREINAFTER
CALLED GRANTEE, FOR A PERIOD OF FIVE (5) YEARS FROM September 13,
Tom, 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 TAXICAB5 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 FiONEY 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
✓f
. 1
11575 ,
OF THE CITY OF CORPUS CIIRISTI� TEXAS,'AND SAID REMITTANCE
SHALL BE 14ADE 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 PAYMENT OF THE MONIES AS
HEREIN'PROVIDED SHALL NOT BE CONSIOCRED 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 C014PENSATION 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 EVE14T OF CONFLICT THE HIGHER CHARGE SHALL
BE PAID, BUT IN NO EVENT SHALL THE GRANTEE BE RELEASED
FRO14 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 GRANTEES 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
�i
THE DIRECTOR OF FINANCE OF THE CITY; WHICH'BOOY.S SHALL BE SUBJECT TO IN-- d
SPECTION BY THE GOVERNING BODY OF THE CITY AND ANY PERSON OR PERSONS THE
SAID CITY MAY DESIGNATE, OR EITHER OF THEME 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
1�
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 CONSTRUCTIONS 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 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 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 COUNCILS BY ORDINANCE
REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCE] OR REQUIRE THAT ALL TAXICAB i
COMPANIES CARRY A POLICY OF INSURANCES OR INCREASE THE FACE AMOUNT OF SUCH
BOND OR INSURANCES THEN THE GRANTEE SHALL HAVE THIRTY (30) DAYS FROFt 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 C014PLY WITH
ALL THE PROVISIONS OF THIS FRANCHISE.
SECTION 8. AT TNC TERMINATION OF THC FIVE (5) YEAR PERIOD HEREIN -
BEFORE SET OUT, 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 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
GRANTEE'S 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 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 NOW, 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 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 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 GRA14TEE HEREUNDER MAY CHARGE SUCH RATES AS ARE
NOW, OR MAY IN THE FUTURE, 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 THERCOF IN WRITING BY THE SAID Victor Moreno dba Red Top
_Taxi Company , WITHIN THIRTY (30) DAYS AFTER THE
FINAL PASSAGE THEREOF, AND FULL COMPUTANCE 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 FRANCHISE, AND THE PERMITS HELD BY THE GRANTEE
IN CONNECTION WITH SAID FRANCHISE, 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 FRANCHISE, IN SUCH A MANNER AS TO RENDER THE
SERVICES DEMANDED IN THE BEST INTEREST OF T.HE 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
TRANSFEREE.
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 CADS SO AS TO
GIVE GOOD SERVICE, E14PLOY DRIVERS THAT MEET THE REQUIREMENTS OF THE PRESENT
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TAXICAB ORDINANCE, OR THAT MEET SUCH REQUIREMENTS AS MAY BE REQUIRED BY
ORDINANCE, AND ANY FAILURE ON THE PART OF ANY TAXI CAB. COMPANY TO DO SO SHALL
BE GROUNDS UPON WHICH THIS FRANCHISE MAY BE TERMINATED. EACH OPERATOR OF
ANY MOTOR VEHICLE OPERATED UNDER THE TEP115 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
1
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 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 GRANT ON AND FINAL
/THIRD
' READING OF (ORDINANCE N0. ,�7.J , ON LPL, 1973
Q�C �t
`ilt
CITY SECRETARY /
l/
APPROVED S TO LEGAL FOR14 THIS -
THE DAY OF
1973
r
CITY AT ORRN,E%Y
THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREBY
• ACCEPTED AND AGREED TO BY THE GRANTEE.
DATED THIS THE y�41- AY OF , 1973
VTCTOR MOjLFNO p�_I�FD TOP TAXI COMPANY
lam:
VIITNNESSSS : BY
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•
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. 1 f�
1 -1
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
............ TAMAIA0 ... Y. a. ak .. ............................... who being first duly sworn, according to law, says that he is the
............ . ;
ANORDIPC R
GRANTING TO VICTOR MORENO 1
{ ..A RED TOP CAB COMPANY A • t
FIVE YEAR FRANCHISE IN THE
FORM PRESCRIBED BY
ORDIINANC fI O 4536, A CODNCIL� ,
lNa MAY 47.1956, FORT PURPOSE -
OF OPERATING TAXICABS ON AND
OVER THE' PUBLIC STREETS.
ALLEYS' AND PV BLIC • _ OF
CORPUS CHRISTI SPROVI DINIG FOR , OF THE
MODIFYING SAID FORM BY .�
OFGROSS RECEI PEI) OF 7'h
BE IT ORDAINED BY THE CITY - a
COUNCIL OFTHE CITY OF CORPUS
CHRISTI,TEXAS.
SECTION1.Therl9Mandprivileaels
RNbT�a Cab Victor .^
II, Grantee, in the term prescNlred -
M D,,ne.ce No. ai16• to —rate a `
taxicab a taxicabs along and over me
oWlicstreels.alkvsand tharouphfares •_
�
11 n, 11vCe�v �ars�eix�levt ass'sald .. ,
fraMMSe form is madllled br Section 4
tmNf.
SECTION 4.Agross recelPts
yGrintfee ee and
4 Par cent shall be Daid by Grant
saitl lraMMseShallw Provide.
That the to minp o rdinance was
orriehe nrst time alftl passed to Its
W • ,
ding on Ihls the 13m 11
JIme.19TJ, by the lollowinq vote: pre a -
JaswfLgbr eve
Jev. Ha Acuff aYe
Rev. Harold T. Branch
Thomas V. Gonzales
FOcardoGOnzalez aye
Gape and St,5r. are
J.Havartl Stark `
aka to IAe fsc«cp�na nma ane oisea to
Its tMrd madilw on Ihls the 40 der W 1 -
June, 19r3bv ihefgliowino vote Y
Jason LUbv ab ant
JarMST.ACUH absent
Rha,nas old T, Branch Va
Thanes V. Gonzales eve t.
R.-- Galxales aye
Wbe LOZam,sr. absent
J Howard Stark •^
That the ipregpinq ordinance was
read ftt
Urne the Ihird avof my passed
finallvon mislhe lB daVOf JUIY 1977. by •-
ltefollagvate:
laun LUbwin v ave
James T.Acuif absent '
Rev. Harold T. BraMh aYe -
Thcr.sV.GOnzales eve ,r
RKardo GOnzaies aYe
GaardoGOnzal
Gabe LAZM
a.Sr. r. eve -
J,HOwardStark APPROVED, ,
PASSED ANO Nis the _
I ATTEST IY.1973. ,
T RAY KRING
Gtr Seaelarr JASON LUBY
MAYOR
THE CITY OF CORPUS C KIST', _
APPROVED: -
13th DAY OF June, 1977: r ,
hHalGrolge ' •
• Glr AttaMY
• N
° ORDINANCE NO. °-
GRA NT PtG /'ORPTTS ('NRTCTT TRANSPORTATTnN VnVPANV _
A FRANCHISE ON AND OVER THE
,
PUt3LIC SfREEIS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
& '
CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF T•JO PER CENT (2,) OF
GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH
t CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS
FOR THE PRICED -ING CALENDAR MONTH; REQUIRING THE FILING OF
A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING
THE END OF EACH CALENDAR 1,1014TH; PROVIDING FOR PUBLIC LIA-
BILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PRO -
VIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE
'k
UPON ACCEPTANCE IN %ftITING 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
,^
Co>pS.Cr3eti �rap,�nOrt� *io* omy , HEREINAFTER
':��• CALLED GRANTEE, FOR A PERIOD OF FIVE (5) YEARS FROM THE 13th day of
September, 1973 , 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 CHRIST], UNDER AND SUBJECT TO THE TERMS AND RESTRICTIONS
."
" HEREIN SET OUT,
s
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 THI S,Tv;FRANCHISE,
- - AND FOR THE PERIOD OF THIS FRANCHISE, THE OWNER. THEREOF SHALL"
• PAY TO THE CITY OF CORPUS CHRISTI, TEXAS, AT THE OFFICE OF
s qi: z
ZUNI
,y THE SUPERVISOR OF COLLECTIONS, IN LAWFUL MONEY OF THE TED
STATES, TWO PER CENT (2j) 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
I
° k
OF THE CITY OF CORPUS CHRISTI] TEXAS�'AIID SAID REMITTANCE
SHALL BE MADE MONTHLY ON OR BEFORE THE LOTH DAY OF EACH
CALENDAR MONTH BASED UPON THE GROSS RCCEIPTS 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 NOW, 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
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 GRANTEES WHICH SAID VERIFIED STATEMENT SHALL
BE FILED WITHIN TEN (l O) DAYS FOLLOWING THE ENO 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 DESIGNATES OR EITHER OF THEME SO AS TO ENABLE THE CITY TO
CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RECEIPTS,
STREET RENTALS FEE OR CHARGE DUE TO IT BY VIRTUE HEREOF. -
SECTION II. A TAXICAO, 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
r
DISTANCE TRAVELED OR FOR WAIT TIME, OR FOR DOTH, OR AT RATES PER HOUR,
PER WEEK OR PER MONTH.
SECTION 5. ALL TAXICADS OPERATED BY GRANTEE UNDER THIS FRANCHISE
SHALL BE OF*MODERN, 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 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
1
STATUTES STATE OR FEDERAL] BUT THE GRANTEE SHALL KEEP REASONABLE SUPER-
VISION OVER .THE CADS 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 AUT0140BILE WILL BE OPERATED WITH DUE CARE
AND CAUTION FOR THE PUDLIC SAFETY. SUCH ASSURANCE SHALL CONSIST OF A GOOD
AND SUFFICIENT POLICY OF INSURANCES BOND, OR CASH BOND AS 14OW PROVIDED BY
THE,EXISTING TAXICAB ORDINANCE; AND SHOULD THE CITY COUNCILS BY ORDINANCE,
REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCES OR REQUIRE THAT ALL TAXICAB
ti.
COMPANIES CARRY A POLICY OF INSURANCES 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 TEPMI NATION OF THE FIVE'(5) YEAR PERIOD HEREIN-
BEFORE SET OUT, THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND
EFFECT.
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s
SECTION 9. ANY INFRACTION OF THE TER14S OF THIS FRANCHISE OR
ANY ORDINANCE OF THE CITY OF CORPUS CHRISTI REGULATING THE BUSINESS OF
OPERATING TAXICABS OR THC 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 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, WHICU 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 14AY 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 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 GRANTEES 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 NE:REUNDER MAY CHARGE SUCH RATES AS ARE
NOW, OR MAY 114 THE FUTURE, BE SET BY ORDINANCE PASSED BY THC 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 014LY UPON THE
ACCEPTANCE THEREOF IN WRITING BY THE SAID Corpus Christi Transportation
Company 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 PAY14ENT 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 DE THE OWNER,OF THIS GRANT.
SECTION 17. THIS FRANCHISE, AND THE PERMITS HELD BY THE GRANTEE
IN CONNECTION WITH SAID FRANCHISE, 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 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 FRANCHIPE,
AND THE PERMITS OWNED IN'CONNECT ION THEREWI THE 14AY TAKE INTO CONSIDERATION
ALL OF THE REQUIREMENTS AND QUALIFICATIONS OF A REGULAR APPLICATIONS AND
z APPLY SA14E AS NECESSARY QUALIFICATIONS OF ANY PROPOSED PURCHASER OR
TRANSFEREE.
SECTION 18. THE FRANCHISE GRANTED DY 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 SCRVICEj EMPLOY DRIVERS THAT MEET THE REQUIREMENTS OF THE PRESENT
' �5-
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TAXICAB ORDINANCE, OR TIIAT MEET SUCH REQUIRCMENTS AS MAY DE REQUIRED BY
ORDINANCE, AND ANY FAILURC ON THE PART OF ANY TAXICAB COMPANY TO 00 50 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 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-GAOSS RECEIPTS TAX PAYABLE
UNDER SECTION 2 OF THIS ORDINANCE, OR DO WHATEVER IS NECESSARY TO BETTER
PROTECT THE PUBLIC, OR IF THE COUNCIL DEEMS IT DESIRABLE TO INCORPORATE ALL
PROVISIONS OF CITY LA%/ GOVERNING THE TAXICAB BUSINESS IN THIS FRANCHISE
RATHER THAN HAVE A SEPARATE ORDINANCE. '
T /
HE ABOVE AND FOREGOING FRANCHISE (G /F3 TED O NJ THIRD AND FINAL
READING OF ORDINANCE N0. ( - , ON \ t_C 1973
tC�.at •i1 r—.
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS (/ L
THE _DAY OF ,L�tnnrt ,
1973
C II'TYATTORNEYi
THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREDY
ACCEPTED AND AGREED TO DY THE GRANTEE. !/J1
' DATED THIS THE V -DAY OF
PMS C14R STI TRANSPORTATION CONMTPANY
ATTEST: BY