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Home My WebLink About14630 ORD - 11/22/1978R JB:hb:9 /29/78:lst, ORDINANCE NoI46 90 GRANTING CHRISTI TRANSPORTATION COMPANY 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 (2 %) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PRO- VIDING 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. 4* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The right and privilege is hereby granted to CORPUS CHRISTI TRANSPORTATION COMPANY hereinafter called Grantee, for a period of five (5) years from the —� �Wm J cl 7Ip to operate a taxicab or taxicabs, as same are hereinafter defined, along and over the public streets, alleys and thorough- fares 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 terms of this fran -` '•d chise, 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, 2 per cent (2 %) of the gross receipts measured by the total fares collected and other income, including advertising 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 IOROFILM JUL 0 81980 :.4630 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. (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. 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 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, is defined in Section 57 -20 of the City Code, including future amendments thereto, and includes vehicles for the transportation of passengers and /or personal luggage. Taxicabs may additionally be used for the purpose of transporting boxes, packages, or cargo not connected with passengers or their personal luggage. Such use shall not, however, interfere with or delay transporta- tion of persons, and transportation of persons shall have priority at all times. The privilege herein granted to use licensed taxicabs to trans- port said boxes, packages, or cargo exists at the pleasure of the City Council and may be revoked by Council at any time without cause or hearing. -2- SECTION 5. All taxicabs operated by Grantee under this franchise shall be of modern, safe and adequate construction, in good repair, clean, and failure to comply with this provision shall be grounds for suspension or revocation of this franchise. 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 ordinances 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 Feddfral, 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 this Section shall be cause for suspension or revocation 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 insurance, bond, or cash bond as now provided by the existing taxicab ordinance; and should the City Council, by ordinance, r 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 hereinbefore 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 operating taxicabs or the operation of said vehicles used in such business -3- shall be deemed ground for suspension or revocation of this franchise pur- suant to the procedures established in the ordinances regulating taxi- cabs now in effect and as hereafter amended. 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. All vehicles owned and operated by Grantee under this franchise shall be operated and marked under one name and color scheme only, and advertising or listing, whether in the telephone directory or otherwise, shall be in one name only, which name shall-be designated in writing and placed on file with the Taxicab Inspector. Provided, however, that should this section prohibit any currently franchised taxicab company from operating under one or more names or color schemes which it is now using, any and all such prohibited names and color schemes shall not be used by any other taxicab company, and any such use by another taxicab company shall be grounds for revocation of franchise. 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 sub- sequently be authorized by the Legislature of the State of Texas to impose I 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 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 be ground for suspension or revocation of this franchise and all permits and licenses issued thereunder. -4- L'r}r 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 CORPUS CHRISTI TRANSPORTATION 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, 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 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 based upon 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 qualifi- cations 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 corporation 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 cor- poration. Sales or transfers of stock not required to be approved under this section shall be reported to the Taxicab Inspector. Failure to obtain Council approval for a sale or transfer under this section or to make a required report under this Section shall be gounds for revocation of the franchise. SECTION 18. The franchise granted by this ordinance shall not be and is not intended to be an exclusive franchise. -5- SECTION 19. - -The Grantee herein shall operate his cabs so as to give good service, employ drivers that meet the requirements of the present 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 hereinafter be provided, regu- lating 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, including 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 ranted on third and final �reading of Ordinance No. , on �• :�P, /9 7j) City Secretary APPROVED AS TO LEGAL FORM THIS the /Pop-SAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY By uCity torney The foregoing franchise this day delivered to me is hereby accepted and agreed to by the Grantee. Dated this the day of , ATTEST: That the foregoing ordinance s read for fi st time and pass d to its second reading on this the�day of aaYA-[. 19�, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz v Ruth Gill v Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was read for the second time and p s ed to its third reading on this theS day of �C� 19 by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sam le That the foregoing ordinanc as read for the thir time and passed finally on this the_,, of 19 7t , 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. day ATTEST: City Secretary APPROVED: 02.2- DAY OF 6W7A 4 ,19 f : J. BRUCE AYCOCK, CITY ATTORNEY By 9, &,.� l� sistant'City Attorney /^^/((�± 30 SECTION 19—The Grantee herein shall operate his cabs so as to give good service, employ drivers that meet the requirements of the present 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 hereinafter be provided,.regu- lating chauffeurs- and drjvers•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, including 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 franchis/eranted on third and final reading of Ordinance No. - on City Sec etary APPROVED AS TO LEGAL FORM THIS the l FDAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By City torney The foregoing franchise this day delivered to me is hereby accepted and agreed to by the Grantee Dated this the day of 0 ATTEST: 6) z. By r f PUBLISHER'S AFFIDAVIT 7v y> STATE OF TEXAS, las: County of Nueces. J ' Before me, the undersigned, a Notary Public, this day personally Came ............... I . ..... ........ ..... C' M. SMOLINSKI•-• .... ..........................••» who being first duly sworn, according to law, says tha he is the 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 PUBLIC NQTICE IS HEREBY AN_ ORDINAR�E_NQ -- 1�k1x30..._ SxanLing.. 11CORP .US.- .CHE'LSTL_TEANSPIIBTATION of which the annexed is a true copy, was published in CALLER AND•• TIMES ............. ....................._......_ —. on the --- �7.- day of... NOVEMBER .................. A.M., and once each ............................ thereafter for ........... .......... _ _ consecutive........... ............................................. Times. ...._------- ..--- �._... �- 22:40_. • - ........... C. .�IOLINSKI - NOVEMBER ................. .... 19..._78... - Subscribed and sworn to before me this ....30......... _..day of......-.. .... .� --- N._o' -.......- • otary Public, Nueces County, Texas f W.W. GLENN PUB LTC NOTICE — Notice n hereby given that �the'City, County of the CItV 0,, IdOmus Christi has, on the 2-nd ay or November, 191! ap�bv- - - led oQMlyd reading, prevlapty 8PPr0vec3-on ,v`rst and Mond readings on the lqh and 29h, �daY of October, IM respecilve•, ly, an Ordinance No, 146M granting Corpus Christi Trans• ' Portation Company, a framhisal _ on and over the Public streMa, - , - n? :fir ^•: ^} :. . I .- - `,c„ alleys and Public thoroughfares of the C?ry of Comp Christi, for', fthe Pur♦tnse of operating tax. - [Cabs for a Period of five years. ( - ',The terms of the franchise pro- Ivlde for a charge of two per cant , 1(2 %) of gross receipts payable Pn or before the lath day of each 7,dulendar month for the anoun e from the gross receipts for the preceding caluoar month. The full text of this Ordinance available to the Pub I I the Of- �flce of the City Seca} f r'. h WITNESS my hand this 24th! vem .f •,�. • \ •tl_ r day of NObe,in. �j - - - , 6 •s -Bill G. Reed z, ,• -� `� - City Secretary Chrlsti, Tax s,' - r c "' - • , , - r 1� PUBLISHER'S AFFIDAVIT STATE OF 7XAS Y County of Nueces.- Before me, the undersigned, a Notary Public, this day personally came ................. .... ................... . who being first duly sworn, according to law, says that he the , j I la� ........ A.Cra.unting-clerk ......................................... of the Corpus Christi Caller and The Corpus Christi Tlines, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of of which the annexed is a true copy, was published in ...... Coxpus... on the 21. day of ............... I .......... . .. Times. ZMA .. . .. . ........ ............ Subscribed and sworn to before me this .... .....day of.Agt2b.t:K ................................... 19 .. - ---------------------- R� la;ry'�Pubfic,--Z-uec County, Texas Lois Winn r •� S Notice Is hereby 9iven 11181, the Cly council M;me City MI Corpus Christi (4a! on the 18th day of October, ;approved on, first reading an ordinance granting Corpus Christ' Trans- portation Company, a franchise on and over Kte public streets, allays and W61k t'wroughfares M five City M Corpus Christ[, for the purpose of operating tax- icabs for a period of flue years. ' The terms of the franchise Pro- vides for a charge M two per cent (1%) M gross receipts pay Pay- able on or beforethe lothdayM fir, ;�G_S� • -s� ` '. -.. �D each calendar month for the ^ ' amount due from the gross receipts for th e pre Irgoaten- • • - .' - - - -+ der month, full text M this Ordl- - name Is available to me public In the office M the City Secre- tary WITNESS my j?and this 19th day of October, 1178. -"ill G, Read City Secretary - T_�CgpusChrlsJ,,Jexas r r i 4 } PUBLISHER! AFFIDAVIT TEXAS, �as: ' + !STATE un OF -- ». ersonally came .............__ t County of Nueces. public this day P w, says that he is the the undersigned. a Notary according to la Before me+ first dull sworn. Claudia M SmOlinski ............................. who being a Corpus Ghr h CaII er and The corpus Christi Times. of the that the publication Of Christi, Texas, in said GOnnty and $t ate. Accounting.... :ark .......................... . OF O�OBER » �i uyihed at Corpus Chris ING ON THE 18th DAY .. ............................... Newspapers P FIRST READ l)adY BY GIVEN ON ......._._........_.___ •-�- ... ...........__._...._._.. Caller NOTICE IS HERE ....C-- s..._ ---- .... ». ...._..._ .................... .. was published in ....... -. thereafter for..._._... -.__._ _ e copy+ ••••• Of which the annexed is a true 7 8and once each........ -..... - » pct .____- ...__- 19... --+ on the-30 day of ..................... .. . consecutive.........._.... .... .... ---- _ --- _ » - Times ;' ' - • i. 1 ..........^ ' .... iaii "i 21:00 of .............................. . .. Subscribed and sworn to before n►e MW Glenn ay .... _... County, Texas ••�liF Nueces i� r r given fhaC` the on fffM nµ1` b W�lit s ,Se On and aver "s �a� iblk thoroughfares of Corpus Christi; far ft hY se of operatlfg toXfcaps la a IIod of five Years. The farms fhe franchise rs. The 'ryB ob t- Per tent (2%) a sMe lothhdsaYebleonor Y of Bath cal m- monM far me nt due amou - _ offithl ImPohnth Full - <. to the •WI Ind Is avail. Ity the Office of "less m Want this 11 m m Gcfober 971. sBlll G. Read I Christi, City ��ry N r . Awl,`? • ,... ti �. ry f t: