HomeMy WebLinkAbout14999 ORD - 07/25/1979JKH:rr:6-19-79
AN ORDINANCE
GRANTING MRS. AMY MONEY, dba SPARKLING CITY EXCURSIONS,
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; PRO-
VIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN
TEN (10) DAYS FOLLOWING THE END OF EACH 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 THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The right and privilege is hereby granted to Mrs. Amy
Money, dba Sparkling City Excursions, 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
under the terms of this franchise, and for the period of this franchise, the
owner thereof shall pay to the Collection Section of the Department of Finance,
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, which-
ever may be the greater.
(B) Said payments 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 otherwise, as is now, or may in the future be
provided for by City Ordinance. The compensation herein provided for
14999
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 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.
SECTION 5. All vehicles operated by Grantee under this franchise
shall be modern, safe and of adequate construction, shall be kept in good
repair, clean and meet inspection and safety provisions.
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SECTION 6. Grantee 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
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, rental, street rental fees or obligations,
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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 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 delin-
quent, all ad valorem taxes against each vehicle and all personal property used
in the conduct of Grantee's scenic motor tour service business.
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 accep-
tance thereof in writing by the said Mrs. Amy Money, dba Sparkling City Excur-
sions, within thirty (30) days after the final passage thereof, and full com-
pliance by Grantee with the terms hereof as to public liability security, con-
dition 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, Grantee shall no longer have the right to operate
a scenic motorltour 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;
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
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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.
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.
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The foregoing franchise this day delivered to me is hereby
accepted and agreed to by the Grantee.
Dated this day of
' ATTEST:
1979.
MRS. AMY MONEY,
dba SPARKLING CITY EXCURSIONS
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That the foregoing ordinance was read for the first time and passed to its
second reading on this the f) day of Q � , 19 -let , by the
following vote: 11
Luther Jones i4 )
Edward L. Sample ""'f)
Dr. Jack Best (� O
David Diaz
Jack K. Dumphy ""Lt L)
Betty N. Turner ((6,Z
Cliff Zarsky �� llCC
ue)—
That the foregoing ordinance wread for th second time an ssed to its
third reading on this the'day of , 19 , by the
following vote:
Luther Jones a i
Edward L. Sample fi.)
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinanc:y was read for the third time and passed finally
on this the a( day of < !� , 19r , by the following vote:
a
Q,e )
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(41907/c-4--
Luther
i207/"
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the a3 day of / ' , 1979 .
ATTEST:
Ci y Secretary
APPROVED:
�itj DAY OF
, 197
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit j ,17.rney
/ /
,THE TY OF CORPUS CHRISTI, TEXAS
14999
-- e STATE OF TEXASA
County of Nueces.
}SS:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this d• ){ersonally came
Elmo Rodela who being first duly sworn, at voiding to law, says that 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 Notice Notice is hereby given that the City Council of the City of Corpus Christi...
of which the annexed is a true copy, was published in
on the.__.__. day of July
wof
Corpus Christi Caller -Times
19 79 , and once each
consecutive
1
Times.
21.00 Elmo Rodela�i�\�o �A.c C �✓
Accounting Clerk
Subscribed and sworn to before me this11th day of July 19 79
.Lois Winn
Notary Public, County, Texas
_.
PUBLIC NOTICE
Notice Is hereby given that
the City Council of the City of
pus Christi has, on the27th
day of June, 1979 approved on
second reading, previously ap-
proved on first reading on the
20th day of June, 1979, an ordi-
nance granting Mrs. Amy Mon-
ey, dba Sparkling City Excur-
sions, a franchise on and over
public thoroughfares of the Cily
of Corpus Christi, for the pur-
poseof 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 cal-
endar month for the preceding
month. Term of the franchise is
for a five-year period. Full text
of this ordinance is available to
the public In the Offlce of the
City Secretary.
WITNESS my hand this 28th
day of June, 1979. '
-5- Bili G. Read,
City Secretary
City of Corpus'
Christi, Texas
•
A .0
STclTE �OF TEXAS,
County of Nueces.
r
PUBLISHER'S AFFIDAVIT
}ss:
Before me, the undersigned, a Notary Public, this day personally came !.._.
Elmer Rodela -_, who being first duly sworn, according to law, says that he iso 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 Notice Notice is hereby.given that the City Council of the City of Corpus....
of which the annexed is a true copy, wes published in Cornus Christ Caller -Times
on the. 30th day of July
19 79 , and once each XliaZa kif:D'liii
consecutive
1 Times.
$x,10
Elma Rodela 0. O .d 2
Accounting Cle
Subscribed and sworn to before me this 2nd day of August 2979
Lois WinnJ//
Notary ublic, Nueces County. Texas
PUBLIC NOTICe•'e...--.,p�r
Notice Is hereby given that7 T'
the City°Council of Me City of
{"I Corpus Christi has, on the 10th
day of. June, 1979 approved on
first reading an ordinance
granting Mrs. Amy Motley, dhe
Sparkling City Excursions, a
franchise on and overs public
thoroughfares of the City'of Cor-
pus Christi, for the purpose of
operafing.a scenic motor tour
service; providing for a charge
° of four percent (4%) of gross
receipt to be pald on or before
the 10th day of each calendar
month for the preceding month.
Term of the franchise Is for a
flve-Year period. Full text of this
to the
• publicordinance
nfthe Oice of the City
Secretary.
WITNESS my hand this 2199
day of June, 1979. °
441111 G. Read,'
City Secretry
City of Corpus
Christi, Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of }iTueciis. J)
Before me, the undersigned, a Notary Public, this day personally came
Elora Rodela • , who being first duly sworn, according to law, says that he is the
Ac^< <unting, Clerk
of the Corpus Christi Caller and The Corpus Christi Times,
Daily NA papers published at Corpus Christi, Texas, in said County and State, and that the publication of
i
.Rulzl:i.. TIQ. Utg..xlaiie...is...hgreby_.given that the City Council of ;the City of Corpus Christi
of whi the annexed is a true copy, was published in Corpus Christi Caller -Times
on the._..? .tlgay of June
consecutive
1 I i
Times.
19 79., and once each AtOXIXZEMEXtICK
Subscribed and sworn to before me this
Elora Rodeill'. i 0.--•
Accounting Clerk
28th..._..day of-- lune 19 79
Lois Winn
Notary Public, Nueces County, Texas
dldBLIC*JOTICE
Not0a0 is hereby given that
the City -Council of the City of
Corpus-Chrlstl has on 9110 25th
day of July, 1979, approved or,
third' reading, previously ap-i
proved on first and sehond ready.
Ings on the 20911 doy and 27th.
day of June, 1979, resdectrvetv.l
and Ordinance No. 14919 grant,
Ing Mrs. Amy Money, dba,
Sparkling City Excursions,- a
franchise on and oyer the public
streets, alleysand putiifc thor•
oughfares of the City of Corpus
Christi, for the purpose of oper-
ating a Scenic motor tour ser-
vice; 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 calen-
dar month, for a period of five
years. The full text of this ordi-
nance Is available to the pubik
Is In the Office of the City Secre-
fary.
WITNESS my hand this 260h
day of July, 1979.
-s- 801G. Read,
' City Secretary
Corpus Christi,
Texes
'r9 ' COO
45
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