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HomeMy WebLinkAbout11577 ORD - 07/18/1973f { - .f • JRR:vp:6 /12/73:1st T • T � r r AN ORDINANCE GRANTING TO JOE E. MANUEL, DBA STAR CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE f� 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 MODIFYING 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 Joe E. Manuel, dba Star Cab Company, hereinafter called Grantee, in the form prescribed by Ordinance No. 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 years, except as said franchise form r`Y 3y 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. X X577 0 ORDINANCE NO. GRANTING JOE E MARnTRT nEA $TAR CAR rnMPANY , 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 (2n) OF GROSS RECEIPTS PAYABLE 014 OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS s FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR I,ONTH; 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, TEXAS: SECTION 1. THE RIGHT AND PRIVILEGE IS HEREBY GRANTED TO Joe E. Manuel dba Star Cab Company , 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 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 TER14S 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 14AY 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 LOTH DAY OF EACH CALENDAR MONTH BASED UPON THE GROSS RECEIPTS OF THE SAID BUS114ESS 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 FRO14 THE PAYMENT OF ANY AD VALORE14 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 PAY IN IHL 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 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,- UGGAGE 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 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 MODERN, SAFE AND ADEQUATE CONSTRUCTION, SHALL BE KEPT 114 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 FORCE, 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 AI4Y 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 PUDLIC 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 INSURANCES OR REQUIRE THAT ALL TAXICAB COMPANIES CARRY A POLICY OF INSURANCES OR INCREASE THE FACE A14OUNT OF SUCH BOND OR INSURANCES 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 H. 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. r �• 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 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 BECO14ING 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. s 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. - r. I SECTION 13. THE GRANTEE HEREUNDER MAY CHARGE SUCH RATES AS ARE NOW, OR MAY IN THE FUTURE, 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 Joe E. Manuel dba Star Cab 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 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 GRA14TEE IN CONNECTION WITH SAID FP.ANCh ISE., 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 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 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 $O 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 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. �,'JHE ABOVE AND FOREGOING FRANCHISE GRANTED ON THIRD AND FINAL I READING OF ORDINANCE N0. , ON 1973 CITY SECRETARY APPROVED AS TO LEGAL FORIA THIS THE 1 DAY OF�, 1973 C Y ATT RI• EY THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREBY ACCEPTED AND AGREED TO BY THE GRANTEE. DATED THIS THE DAY OF 1973 JOE E. MANUEL DEA STAR CAB COMPANY ATTEST: BY That the foregoing "ordinance was read for the first time and passed to its second reading on this the ay of 19,;_, by the following vote: Jason Luby R— James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr.� J. Howard Stark That the foregoing ordinance was read for the second time and passed to its third reading on this the QJt4 day of 19 by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales GWP Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinanc was read for the third time and passed finally on this the _ /,P,4M day of 19 '75 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the day of 19 7-3 . ATTEST: City Secretary/ / APPROVED: (/ DAY OF 19_ City Attorney »z MAYO— O THE CITY OF CORPUS CHRISTI, TEXAS a PUBLISHER'S AFFIDAVIT 77_.1 STATE OF TEXAS, •� ss. a 1 County of Nueces. � • Before me, the undersigned, a Notary Public, this day personally came ... ............................... ......... S, s1u. i. S- e --- Yirk ...... ............... .............. who being first duly sworn, according to law, says that he is the .......... ` dY.. ...SupLervizar ................. 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 LR.90.1 ... NO.t is e-- An --- Or- rlinnnca..gr_.aa;.izag_t_o Joe ... E_.Manuel i of which the annexed is a true copy, was published in .............................. T.. AAt:UM ....................................... _ .... r' •• i on the._1.1.thday of .......... Juna ................... 19...73, and UM ........ txLae..... -- thereafter-for ........... 2 ........ _.... d6aaaeenttuac .more....times,.- .rzamal -g -- -June 22 & July 20. l $ ....35..10 ............. • - - -- •••• c-� _.. Lou e Vick, Class. Adv. Supervisor me this ........26- th.�day of. �..�..... -- Sufi ..y ....... _e 19...7.3....._ Subscribed an swowoodroweGlenn ......... .......r.......r Notary Public, Nueces County, Texas Iv 4� ' rJ A Wig 2 rY us is Jason LUbv ; ave James T. ev AcuN aYe R HaraldT Branch Thomas V. Gonza les ' are Gabe oWnzalelz ave Gahe cl Stark aye J. Howard Stark ave That the forming, 1 hie aindnce was read for the secona ume and dried to its INm n,the f.an this Ne N aey of June, Jaws vthelollowino vale: Jason Lubv absent James T, 10T. ave Th—s V I.lesch absent 1 Ih r." Gonzales aye Ricardo Gonzales aye J H Lazano,ir. ayes J at the moi absent That the lyd lnrnd ordinance was read tar the lhlra timeaIM Passee loll wing rnn the 18 day of wn. by me rouowmc WeJason LUby aYe James T. Ac.f .'oId Tf ave Th—s V.G Branch aYe R,cares Gcozal s ve Ricardo Gonzales Gabe LOZalw. Sr, ave J Howard Stark aYe PASSED AND APPROVED, this the lethdavel July, 1973. 'Ys ATTEST: Gtv Secretary T. Rav Krnw JASON LUBY MAYOR, THE CITY OF CORPUS CHRISTI, TEXAS ORDINANCE NO. GRANTING JOE E MANTrPT MA CTAR rAR rnMPANY 1 .,. , A BMiCHISE ON ANU OVER THE " PUBLIC STREETS, ALL AP +D PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF 'P O PER CENT (2 ,115) OF GROSS RECEIPTS PAYABLE 014 OR BEFORE THE LOTH DAY OF EACH SF, CALENDAR 1,10NTH FOR THE A1•iOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALEIDAR t10NTH; 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 Id4EN THIS GRANT SHALL BECOME EFFECTIVE •.a• UPON ACCEPTANCE IN WRITING 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 Joe E. Manuel dba Star Cab Company , HEREINAFTER CALLED GRANTEE, FOR A PERIOD OF FIVE (5) YEARS FROM THE 13th day OE 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 CHRISTI, UNDER AND SUBJECT TO THE TERMS AND RESTRICTIONS HEREIN SET OUT. SECTION 2. • (A) DURING THE OPERATION OF SAID TAXICAB OR TAXICABS OVER . JM AND UPON THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, UNDER THE TERMS OF THIS FRANCHISE, a t AND FOR THE PERIOD OF THIS FRANCHISE, THE OWNER THEREOF SHALL • PAY TO THE CITY OF CORPUS CHRISTI, TEXAS, AT THE OFFICE OF • t$N r, ' THE SUPERVISOR OF COLLECTIONS, IN LAWFUL MONEY OF THE UNITED, . STATES, TWO PER CENT (20) 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 RLGULATORY ' ORDINANCE REGULATING THE OPERATION OF TAXICABS, WHICHEVER ' ' MAY BE THE GREATER. • (B) SAID PAYMENTS SHALL BE MAD } E, IN LAWFUL MONEY OF THE 4 4• ' UNITED STATES, AT THE OFFICEx'OT tIE SUPERVISOR OF COLLECTIONS 51 OF THE 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. CC) 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- WISES AS IS NOW, OR MAY IN THE FUTURE BE PROVIDED FOR BY CITY ORDINANCE. THE COMPE14SATION 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 (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 THE143 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 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 �EOtt 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 LI14ITS OF THE CITY OF CORPUS CHRISTI, AT RATES FOR ' -w DISTANCE TRAVELED OR FOR WAIT TIME, OR FOR DOTI], OR AT RATES PER HOUR, PER WEEK OR PER MONTH. SECTION 5. ALL TAXICABS OPERATED BY GRANTEE UNDER THIS FRANCHISE SHALL BE OF'MODERNI SAFE AND ADEQUATE CONSTRUCTION; SHALL BE KEPT 114 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 FORCE, AND SHALL COHPLY 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 GRA14TEE 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 BECO14E 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 COUNCIL, BY ORDINANCE, REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCE, OR REQUIRE THAT ALL TAXICAB COMPANIES CARRY A POLICY OF INSURANCE, 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 TERMINATION OF THE FIVE (5) YEAR PERIOD HEREIN - BEFORE SET OUT, THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT. 1" -3- 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 NAME, 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 BECOI.11PIG 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 BEj 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 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 GRANTEE HEREUNDER MAY CHARGE SUCH RATES AS ARE NOW, OR MAY IN THE FUTURE, BE SET BY ORDINANCE PASSED DY 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 014LY UPON THE ACCEPTANCE THEREOF IN WRITING BY THE SAID Joe E. Manuel dba Star Cab Comogny 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 PLURALS 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 GRA14TEE IN CONNECTION WITH SAID FRANCI.ISE, I4AY 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 FRANCHISE, AND THE PERMITS OWNED IN CONNECTION THEREWITH MAY TAKE INTO CONSIDERATION ALL OF THE REQUIREMENTS AND QUALIFICATIONS OF A REGULAR APPLICATIONS 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. TiIE GRANTEE HEREIN SHALL OPERATE HIS CABS SO AS TO GIVE GOOD SERVICE, EMPLOY DRIVERS THAT IIEET THE REQUIREMENTS OF THE PRESENT -5- TAXICAB ORDINANCE, OR TIIAT MEET SUCH REQUIREMENTS AS MAY BE RCQUIRED BY ORDINANCE, AND ANY FAILURE ON THE PART OF ANY TAXICAB. COMPANY TO DO SO SHALL BE GROUNDS UPON WHICH THIS FRANCHISE MAY BE TCRMINATED. EACH OPERATOR OF ANY MOTOR VEHICLE OPERATED UNDER THE TERI•IS 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 HOTOR VEHICLES FOR HIRE. SECTION 20. THE CITY COUNCIL SHALL HAVE THE RIGHT TO MODIFY OR CHANGE OR AMEND OR AOD TO THIS ORDINANCE IN ORDER•TO MAKE THE PROVISIONS s HEREOF MORE COMPLETELY 14EET THE TAXICAB SITUATION IN CORPUS CHRISTI, IN— Y 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,'000NCIL DEEMS IT DESIRABLE TO INCORPORATE ALL PROVISIONS OF CITY LAS•! GOVERNING THE TAXICAB BUSINESS IN THIS FRANCHISE RATHER THAN ,JI HAVE A SEPARATE ORDINANCE. !HE ABOVE AND FOREGOING FRANCHISE GR D ON THIRD AND FINAL 1 READING OF ORDINANCE NO. ZZL71., ON / 1973- • CITY SECRETARY _ APPROVED AS 70 LEGAL FORM THIS THE _DAY OF jk.,u . , 1973 CI ff AT O NEY yN' ,' •• f4 THE FOREGOING FRANCHISE THIS DAY DELIVERED TO ME IS HEREBY ACCEPTED AND AGREED TO BY THE GRANTEE. DATED THIS THE DAY OF 1973 JOE E. MANUEL DBA STAR CAB COMPANY ATTEST: BY // L"