HomeMy WebLinkAbout14616 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.
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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
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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;
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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.
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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