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Home My WebLink About14616 ORD - 11/15/1978jkh :10 -2 -78; 1st AN ORDINANCE GRANTING CORPUS CHRISTI SIGHTSEEING SERVICES, INC., dba GRAY LINE OF CORPUS CHRISTI, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF'FOUR PERCENT (4%') 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 OF A STATEMENT fF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLICLIABILITT SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. 4' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTIO? 1. The right and privilege is hereby granted to Corpus Christi Sightseeing Services, Inc., dba Gray Line of Corpus Christi, here- inafter called Grantee, for a period of five (5) years from the effective date hereof, to operate a scenic motor tour service, as same is herein- after defined, along and over the public streets, alleys and thoroughfares of the City of Corpus Christi, under and subject to the terms and restric- tions 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 ri 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 ('ty 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 measured by the total fares collected and other income including advertising 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, whichever 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 Christi, Texas, and said remittance shall be made monthly on or before the 10th day of each calendar month based upon the gross receipts of the said business for the preceding calendar month. MICROFILMED, : KJOL 0 b 1,10V (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 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 ordi- nance now in force during the life hereof, except that in event of con- flict the higher charge shall be paid, but in no event shall the Grantee be released from the payment of any ad valorem taxes levied. 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. 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 "scenic motor tour service" as contemplated in this ordinance includes the rendering of a sightseeing service to indivi- duals or groups from or to fixed points or for predetermined periods of time, conveying 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 guide service in vehicles owned by participants. A "vehicle ", as used in this ordinance, shall mean every automobile or motor propelled vehicle used to convey passengers under this franchise, irrespective of whether the operations extend beyond the City limits of the City of Corpus Christi. "Taxicab Ordinance" as used herein shall mean Sections'57 -20 to 57 -149, inclusive, of the City Code, currently or as amended. -2- SECTION 5. All vehicles operated by Grantee under this franchise shall be modern, safe and adequate construction, shall be kept in good repair, kept clean, meet inspection and safety provisions. SECTION 6. Granteee shall comply with all traffic regulations and ordinances now in force in the City of Corpus Christi, and the laws of the State now in force, and shall comply with such ordinances and State laws which in the future may be enacted. Grantee shall never permit the vehicles operated hereunder to be used in violation of any criminal statutes, State or Federal, but Grantee shall keep reasonable supervision over the vehicles operated hereunder for the purpose of preventing such vehicles being used in violation of any laws. SECTION 7. Grantee must carry such public liability security as is provided by ordinance. Before this franchise shall become effective, 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 taxi- cabs or the operations of Grantee; and should the City Council, by ordi- nance, 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, Grantee shall have thirty (30) days from the date of passage of such ordinance in which to comply with the terms thereof. SECTION 8. At the termination of the five -year period herein - above set forth, this grant shall terminate and be of no further force and effect. SECTION 9. 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 of all vehicles to any authorized representative of the City of Corpus Christi, excepting from this section vehicles such as buses, limousines, or rent cars which are used temporarily by the Grantee where such temporary vehicles are under franchise and control by the said City and provided -3- that they are made subject to all regulations of this ordinance excepting only as to ownership by Grantee; and further excepting any vehicles owned by the customer where Grantee furnishes guide service. SECTION 10. Grantee shall report and pay when due and before becoming delinquent any charges, rentals, street rental fees or obliga- tions, contractual or otherwise, which the City may now, or subsequently, be authorized by the Legislature of the State of Texas to impose and collect or which are now, or may be, imposed by valid ordinance duly and legally enacted by the City Council. SECTION 11. Grantee shall render, in accordance with the provi- sions 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 busi- ness. SECTION 12. Grantee hereunder may charge such rates as are now, or may in the future, be set by ordinance passed by the City Council. SECTION 13. If any part of this ordinance shall be held invalid, no valid parts thereof shall be affected thereby. SECTION 14. This ordinance shall be binding only upon the acceptance thereof in writing by the said Corpus Christi Sightseeing Services, Inc. dba Gray Line of Corpus Christi within thirty (30) days after the final passage thereof, and full compliance by Grantee with the terms hereof as to public liability security, condition of vehicles, pay- ment of rentals, and with the terms of existing ordinances that may affect such operation. If this grant is not accepted within the time prescribed, Grantee shall no longer have the right to operate a scenic motor tour service within the City of Corpus Christi. SECTION 15. "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 16. This franchise, and the permits held by Grantee in connection with said franchise, may be sold, transferred and inherited; -4- provided, however, that any sale or transfer shall be first presented in writing to the City Council for its approval or disapproval based upon the best interest of the public; the City Council in approving or disap- proving any such sale or transfer of this franchise, and the permits owned in connection therewith, may take into consideration all of the require- ments and qualifications of a regular application, and apply same as necessary qualifications of any proposed purchaser or transferee. "Sale or transfer" as used herein includes the transfer of stock in a corpora- tion where such transfer would give the new owner ownership of 10% or a plurality of the corporation's stock, or where such transfer would alter effective control of the corporation. Sales or transfers of stock not required to be approved under this section shall be reported to the Taxicab Inspector. SECTION 17. The franchise granted by this ordinance shall not be and is not intended to be an exclusive franchise. SECTION 18. The Grantee 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. 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 drivers of scenic motor tour services and motor vehicles for hire. SECTION 19. The City Council shall have the right to modify or change or amend or add to this ordinance in order to make the provi- sions hereof more completely meet the scenic motor tour service situation In Corpus Christi, including the right of the City 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 City 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. -5- I SECTION 20. Failure to comply with any of the terms of this franchise, or of the Taxicab Ordinance, as applicable, or any other ordi- nance applicable to Grantee, shall be grounds for�suspension or revocation Of this franchise. Proceedings to suspend or revoke this franchise shall be governed by the Taxicab Ordinance, as applicable. SECTION 21. The Grantee shall not be authorized to operate under this franchise a bus or omnibus with a seating capacity for twenty (20) or more passengers. The foregoing franchise this day delivered to me is hereby accepted and agreed to by the Grantee. Dated this day of 1978 ATTEST: CORPUS CHRISTI SIGHTSEEING SERVICE, INC. dba GRAY LINES OF CORPUS CHRISTI t That the foregoing ordinance was read for first time and passed to its second readin g on this the ' day of I�t.QI�y 19_7y , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt v Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance s rea third reading on this theday following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt ed to its , by the Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was re d for the third ' ime and passed finally on this the _day of 19 1 , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the-44_day of 19 �% �. ATTEST: lie C' y Secretary MAYOR THE C Y OF CORPU RISTI, TEXAS APP UED: DAY OF ,19 J. BRUCEJ /AYYiCO /CK, CITY ATTORNEY By Assista . y Attorney 14616 A` The foregoing franchise this day delivered to me is hereby accepted and agreed to by the Grantee. ! Dated this AU day of (/&---41 , 1978. ATTEST: CORPUS CHRISTI SIGHTSEEING SERVICE, INC. dba GRAY LINES OF CORPUS CHRISTI F ` PUBLISHER'S AFFIDAVIT STATE OF TEXAS, ) ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ... ............................... CM SMOLNSKI who being first duly sworn, according to law, says that he is the :.................... M .I .................. ............................... . ACCOUNTING CLERK ... 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 NOTICE IS HEREBY GIVEN ON THE 15 DAY OF NOVEMBER ..............................._...._.........................._......._. .— _ ... __ .... _ ........................................................... .................. — ........ _...._- of which the annexed is a true copy, was published in f '" . .................................................... - ...... ..— . on theT.20 day of. .....NOV ........................... I&........ and once each ....... .....................thereafter for ..................... _ ........................ ..._.Times. .................. n....... - ..- ......._...._... ...- ••• -• -- 4s�mfffUkl Subscribed and sworn to before me this........3a....._..day of� ......... y......................... 19......78 -..._.....- ..t �'! — ............................ ........... WW Tenn — < �ary Public, Nueces County, Texas iv: r PUBLIC NOTICE Notice I•, hereby given thpt j the Cary Cc ".I, of the City as ,Corpus Christi hes, on the 15M� �daY of November, 197x, approv' -,Zd on M eadlrg„,lrevlously iapprov second _ - s 1 jn, _ ,�. % first and ``readings on the 11th and I th ^ *j,; ,;,. •r� 'ter; ,rrt,'7;;6 {day of Ociotter, 1918, respeclivrl ly, an Ordinance No. 146161 lgranth, Carpus Christi Sight- seeing Services, Inc., dbe Gray (Line Of Corpus ChrIsTl, a frar-, chile on end over the public , ? T ynr 7') V!l 7 f ^?fi `{; ?, yfl,it'jP ,. ^, T-01 - streets, alleys and public tha'•� oughfares of the City Of Corpus .Christi; for the purpose of opec• lating a scenic-motor tour " sewt - ^ .,'. _ - - - - jvice; Providing for a chsrge ofI our percent (4 %) of gresal • iph, for a period of live -„f ears The full text of this ordF nonce is available to the Public rw the Office of ttw E41ty S_pe- 1 .Y. : WITNESS my Land this-16th bay of Novmber, 1978. 3 -Bill G. Read 1 j f .' f ! r + . • ' city Sacfetary v�. 'w 1 Con Christi Texas - ,T, f` L` ,,c)q � PUBLISHER'S AFFIDAVIT �1 STATE OF TEXAS, lZounty of Nueces. Before me, the undersigned, a Notary Public, this day personally came ............ _ ..... _ .._... Claudai M. Smolinski who being first duly sworn, according to law, says that he is thol -Acc . ounting . . . . .. Clerk . .... .... ........... 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 Pu$ GAG_ ?QT?.Q1i..I.S_H__,REBX..GZ H .....Q1Y. THE .1]tla..AAX..Ak..OGTQBFR .... 79Z8........_ .............:._ ............ ............... of which the annexed is a true copy, was published in CC Caller And Times P'' 16 Oct 8 ..._.._ _.._ -- on the ....... ..... day of ................ ._... .._..__.1�...._., and once each ................... _ ....... thereafter for consecutive....................................... _.._ .... ....... 1 Times. $ ......... 20 y Claudia Smolinski Subscribed and sworn to before me this .......30 .......... day of ..._Oct . ........................ 19. ..... 78_ WW G n ti Notary Public, Nueces County, Taxes { 4 PUBLIC NOTIC Notice,is herebyt gl the City Council s, Ith Corpus Ctfristi h on day of October, y on sccaw readi_ 1 M approved on firth ,'ea nth day of October, 19, Sightseeing Services, Inc., Gray Liwof Corpus Chrl: franchise on and over the p streets, alley{ and public oughfares of the Clty of Cc Christi, for the purpose of t ating a scenic motor. tour vice; providing for aichar< four percent (4 %) of g receipts, for a period of years. The full text of this mrice Is available to the p In the Office of the City Si tary. WITNESS my nfhd this day of Oc{bber, 1978. -s -Fill G. I City Secre Corpus Christ, T r PUBLISHER'S AFFIDAVIT STATE OF TEXAS, �ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ................ _._._ - - ---- Dorothy_ Henderson ............................ who being first duly sworn, according to law, says that he is the AccountingClerk ......... - ...... 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 • _.. Pu41ia .SiAt:i.aQ....._..._......_.Nn tire.. i. s.- l�xeby- Ewen.. thax... t: hs..., r......._..._..... ..............._...�..........� of which the annexed is a true copy, was published in ......... Corpus_ Christi••Caller Times•_______.. -. 2 October r78 _....._....... _ -- on the ..__.. -.._.. day of ............. ...........__.— _.__.19�.. :...., 1 ................Times. !9:2q Dorothy Henderson Ac ounting Clerk Subscribed and sworn to before me this- .- _-- .3J.......__day of—De mbar .. ............................. .` No ary Public, Nueces County, Texas Lois Winn Notice ischereby given that the City Council of the City of Corpuf Christi d, of October, 9 78, t� ov1M on first reading an ordinance granting Corpus Christi Sight. seeing Services, Inc, dba Gray Line of Corpus Christi, a fran- chise on and aver the public streets, alleys and public thor- oughfares of the City of Corpus - •- Christi, for the r • - ' W pose of open- ahng a`scenic moor tour ser- vice,, p"oviding for a charge )four percent (4 %) of gross receipts for a period of five `years The full text of this ordi- - - hance is available to the public En the Office of the City Secre. ary WITNESS my hand this 12th ]ay of October, 1978, w r s-13,11 G, Read, City Secretary _ Corpus Christi, J 9