No preview available
HomeMy WebLinkAbout13874 ORD - 08/10/1977f���� `% —b -11 Ise _ A �- -• _ AN ORDIIIANCE GFA;iT1� NG 1R. E.�BY 1RS, D3A TEXAS TRAMWP.YS COMPANY, v-- A''FRANC1usE ON AND 0 >iER THE PUBLIC STREETS, ALLEYS - AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR-THE PURPOSE OF OPERATING A SCENIC _ 140T.OR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PER CENT (47) OF GROSS RECEIPTS, - TO•BE PAID ON OR - BEFORE THE 10TH DAY of EACH CALENDAR MONTH FOR THE - PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING h OF A STATEMENT OF RECEIPTS WITHIN TFN (10) DAYS FOLLOWING THE END OF EACIi CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER _ SUPERVISION; PROVIDING 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 TFE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The right and privilege is hereby granted to R. E. Byars, DBA Texas Tramways Company, hereinafter called Grantee, for a period of five (5) years from the effective date hereof, to operate a scenic motor tour service, as same is 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 scenic motor tour service over and upon the public streets, alleys and thoroughfares of the City of Corpus Christi, Texas, under the terms of this franchise, and for the period of this franchise, the owner thereof shall pay to the City a of Corpus Christi, Texas, at the office of the Tax Assessor - Collector, in lawful money of the United States, four percent (4%) of the gross receipts derived from the operation of the scenic motor tour service, and /or guide service, or such rate as may be provided in any regulatory ordinance regulating the operation of said scenic motor tour or guide service, which- ever may be the greater. ` (B) Said payments shall be made in lawful money of the United States at the office of the Tax Assessor - Collector of the City of Corpus a Christi, Texas, and said remittance shall be made monthly on or before the Q '10th day of each calendar month based upon the gross receipts of the said business -for the preceding calendar month. MICROFILMED - 13874 JUL•0 vji —0 (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 nonuser or otherwise, 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 force 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 any existing ordinances applicable to the opera- tions of the Grantee, 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 state- ment 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 inspection 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 it by virtue hereof. SECTION 4. A vehicle used as a part of the scenic vehicle tour service, as used in this ordinance, shall mean every automobile or motor propelled vehicle used for the transportation of passengers, for hire over and on the public streets, alleys and thoroughfares of the City of Corpus Christi, and /or 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 distance traveled. SECTION 5. All vehicles operated by Grantee under this franchise shall be modern, safe and of adequate construction, shall be kept in good repair, kept clean, and meet inspection and safety provisions of the City Taxicab Ordinance. If the Grantee does not comply with the.; spirit of this provision of his franchise, then such failure to do sd shall be cause'-for a forfeiture hereof. SECTION 6. The Grantee shall comply with all traffic regula- tions 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 ordi- nance and State laws which in the future may be enacted. The Grantee shall never permit the vehicles operated hereunder to be used in violation of any criminal statutes, State or Federal, but the Grantee shall keep reasonable supervision over the vehicles operated hereunder for the pur- pose of preventing such vehicles 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 policy of public liability and property damage insurance or bond, or cash bond as now provided by any existing ordinance applicable to taxicabs or the operations of the Grantee; and should the City Council, by ordinance, require a different type of bond or insurance, or require that all scenic motor tour service 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 -year period herein - before set out, this grant shall terminate and be of no further force and effect. SECTION 9. Any infraction of the terms of this franchise or any ordinance of the City of Corpus Christi regulating the business of operat- ing vehicles or the operation of said vehicles used in such business shall be deemed a forfeiture of this franchise irrespective of any notice or i 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 either correct or remedy such default or defaults -3- or 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 shall hold legal title to said vehicles in his name, and upon demand therefor, shall exhibit certificates of title to all vehicles to any authorized representative of the City of Corpus Christi, except vehicles such as buses, limousines, or rent cars which are used temporarily to cover large groups or extraordinary increases of business by the Grantee where such temporary vehicles are under franchise and control by the said City and provided that they are made subject to all regulations of this ordinance excepting only as to ownership by the Grantee; and further excepting any vehicles owned by the customer where Grantee furnishes guide services. 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 be, 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 acocrdance 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 scenic motor tour service 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 by the City Council. -4- 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 R. E. Byars, Texas Tramways Company, within thirty (30) days after the final passage thereof, and full compliance by the Grantee with the terms hereof as to public liability security, condi- tion of vehicles, payment of rentals, and with the terms of existing ordinances that may affect such operation. If this grant is not accepted within the time prescribed, then the Grantee shall forfeit the privilege to operate a scenic motor tour service 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 if in the opinion of the Council 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 application, and apply same as necessary qualifications of any 4 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 vehicles so as to give good service, employ drivers that meet the requirements of the present existing ordinances affecting similar operations, or that meet such requirements as may be required by ordinance, and any failure on the part of any scenic motor tour 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, regulating chauffeurs and drivers of scenic motor tour services 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 scenic motor tour service situation in Corpus Christi, including the right of the Council to charge the gross receipt tax payable under Section 2 of this ordinance, or such charge which is necessary to better protect the public, or if the Council deems it desirable to incorporate all provisions of City law governing the scenic motor tour service business in this franchise rather than have a separate ordinance. SECTION 21. A scenic motor tour service as contemplated in this ordinance includes the rendering of a sightseeing service to individuals or groups from fixed points or for predetermined periods of time, convey- ing the participants for the purpose of displaying to them the various natural and manmade points of interest and the economic and cultural institutions of the City of Corpus Christi and the surrounding area and shall not include the operation of a taxicab service furnishing merely transportation of person and property from point to point for hire. Services may also include "in car guide service." SECTION 22. The Grantee herein shall not be authorized to operate under this franchise, a bus or omnibus with a seating capacity for twenty (20) or more- passengers. -6- That the foregoing ordinances was read for t first time an passed to its second reading on this the-04(—day of 19 % by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample (� That the foregoing ordinance wa read for second time and passed to its third reading on this the1 _day of 197�r by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordin ce was read for the third time and passed finally on this the1 t� day of 19_0_1_, by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill alt. lt. Bob Gulley_ Gabe Lozano, Sr. Jl�r Edward L. Sample PASSED AND APPROVED, this the LL14J . day of , 19 11 ATTEST: // /� / �>FC 7' -/ n eeYi� City Secretary MAYOR ' T1-1'E MY OF CORPUS CHRISTI, TEXAS APPROVED: _DAY OF 19 a. BRUCE AYCOCK, CIT ATTORNEY By As istant City Attorney 138'74 1Zs� " r- Dapt. /Div. C, ' S Pc se c, r Date-' [ - S - 7 ( ) For your recommendation ( ) Reply, sending me _ copies ( ) You handle, No report required ( ) Prepare letter for my signature (V} For your information and file ( ) Note and return {) For your comment ( ) For your approval and return REMARKS LI� 5 w a j ct foY� ✓e �cP c 1 'j, �4fCo�t G1n FROM Nov.10, 177 s. i. Corpus Christi City Council Members, Mr. Townsend, Mr. Read, Mr. Stewart; I, R. E. Byars, do hereby accept the franchise to operate a motor vehicle sightseeing service in Corpus Christi as passed by the Council effective Oct. 10th thirty days previous. This is in accordance with Mr. Townsend's advice. Thank you, �,2 RJAN 1978 l Eo Fie w OF Te P SE RETARY vy CIS pUTONjOd C� •m�1 H. L. BEGEMAN MANAGER �INSURANCEu) Jexas Automo6i le Insurance Plan 404 BROWN BUILDING AUSTIN, TEXAS 78701 �?IAN� REFERENCE NO. DATE OF ASSIGNMENT 790-773 1 Nov. 7 177 Aj- P � Ronald Edward Byars dba I Texas Tram Ways c 4634 Blundell TL Corpus Christi, TX 78415 co M Royal Indemn. Co. P 150 William St. N New York, NY 10038 Y Your application for automobile liability insurance has been forwarded to the insurance company indicated above. Your policy (and Certificate SR -22 if such certificate is required) should be delivered to you in due time. If you are eligible for assignment, your insurance company will issue you a binder or policy effective at 12:01 A.M. on the day following the date of assignment indicated above, unless there is a later date specified on the application. In the event it is found that any premium adjustment is necessary, it is very important that you pay the correct premium. FAILURE TO PAY ANY ADDITIONAL PRE- MIUM REQUIRED BY THE COMPANY WILL RESULT IN THE CANCELLATION OF YOUR POLICY. IF PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED WITH THE DEPARTMENT OF PUBLIC SAFETY, IT WILL ALSO BE CANCELLED BY THE COMPANY. In the event you have applied for insurance primarily in order to file proof of financial responsibility (SR -22), because of a license suspension, may we caution you that you should wait until your filing has been approved by the Department of Public Safety and your driving privileges restored. Very truly yours, a- H. L. Begeman Manager F_ Gabe Lozano Jr. THE 1'RFJAIUM HAS E Box 5366 N Corpus Christi, TX 78405 dd NOT BEGIN C!IFCKJ -lf T BY THE T.A.I.P. L APPLICANT'S NOTICE -?: PUBLISHER'S AFFIDAVIT l STATE OF TEXAS, ' ass : L. •..._r, County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally came ... ............................... G[oria Lopez , who being first duly sworn, according to law, says that he is the ALCUUtat-in- g---------------------------------------------------- - - - - -- 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 ....LAC.A_ LAS ------ iV QTIC. E.. LS. EE=- Y- GIIJ.>i<N_,- GRANTING.A.ERAI CEISE._T.Q.MR - -R, '.E...Lvans. . of which the annexed is a true copy, was published in ----.GaLULK.=Tirr4- 5..._ ............. » ................ . ....... _ ..... _ —. on the ....IB .. day of......._ ?uI.Y........._.._...__.19..?T, aM' bYRPb 'hhiPf ......................?c? ............................ ...... ..........- c o nfiftcalkM .......................... ............................... ..... .--- .i ...................Times. 22. 05 $---------------------- _------------ __ ---------------------- Accoun£uff t7 Subscribed and sworn to before me this 18 ...... .......day f..............., T. u4X .............................. 19.....7.7.... r Eugenia S. Cortez 7j c c <, C(/� _...... -.... . »............ .......-• .... .. .. .. ......................� ». .1µi `Notary&ablic, Nueces County, Texas '1� PUBLISHER'S AFFIDAVIT 1 STATE OF TEXAS, �ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ... ............................... z . GLox4a.43 as: za .............. ........ ......... .............. who being first duly sworn, according to law, says that he is the AccD. unting------------------------------- -- --- ---------------- --- -- - - -- 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 - Lls GA• I�•,••, •,- •NQ'�:IGE-- 1:5- •H•Islk� -BY•- GPI- E1vV-.-:-- G121�1�I� :IPIG.:�1.- EIt1kA7GI�F�F -.TQ� :?ufii- .--- R•. -�-. -- BARS.:. of which the annexed is a true copy, was published in CaL[er -Times __.._..__ ....................................... ... _ ..... _ —. on the 1-5 . day of - Au-gust .........._.19..77 au'bODQb &h ...........................3 � -for ................... ...... .. comsmxkv ..................... ............. ..................Times. a �i ................. _ Gioria Garza .............. .. ............... &Z.'.....-..-rig .. Accounting Subscribed and sworn to before me this - .......1b. -...- ...day of - - -- - -- Augu st ................. ............ 19- ... 7.7.. - -.. Eugenia S. Cortez - ---------- --- .............. _ _ Notary Public, Nueces County, Texas S