HomeMy WebLinkAbout14633 ORD - 11/22/1978JB:hb:9 /29/78:lst
ORDINANCE NO. -1 6i33
GRANTING JOF F.'MANUFL D /B /A STAR CAB 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.
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, D /B /A STAR CAB COMPANY hereinafter called
Grantee, for a period of five (5) years from the o22az d-.,. a
�1
01 61
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. 1
(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-
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
�r�ROF1LMEp�
JUL 0 819��
14G33
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 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 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,
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 shal•l-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
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.
il-_
?e 44 .W -4-
a. a. k
°',s�f;N= ,, sih�: �e�* �^ :�c�il;;t,���,r'�•:��".iti�"i:;. j'�f�;:z :'l ��, tifk"�t'� „�: ��;.r- L'`'.;�;;i:,��'ti,. ��. -�y ; -•�- -
•.s�: -+ ..e ,,xo-' a.:�n.yag7 ^..� •;- ;Melt` 3 � ,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 JOE E. MANUEL, D /B /A STAR
CAB 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.
-S-
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 granted on third and final
reading of Ordinance No. on
City Secretary
APPROVED AS TO LEGAL FORM THIS
the DAY OF 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
City At rney
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 it t time and pass to its
second reading on this the�day of �u 19�, by the
following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
That the foregoing ordinance was read for the second time and passed to its
third reading on this the r
following vote: Lday of (�j� P _, 190a, by the
Gabe Lozano, Sr.�
Bob Gulley
David Diaz,
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
That the foregoing ordinan as read for the third"time and passed finally
on this the Z7. day of 197F , 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 2:2dai
ATTEST:
City Secretary _
APPROVED:
.?.2 DAY OF ,19_2�:
J. BRUCE AYCOCK, CITY ATTORNEY
By K
Assistant City Atto ey
14
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 mod. ,ffy or
change or amend or add to this ordinance in order tomake 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 Y
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.
1 The above and foregoing franchise granted on third and final
T reading of Ordinance No, b 3 3 onnr
1ty ecreta y
APPROVED AS TO LEGAL FORM THIS
the DAY OF 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
aet City At rne— yam"
The foregoing franchise this day delivered to me is hereby .
accepted and agreed to by the Grantee.
Dated this the 1,v29 day of
ATTEST: