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Home My WebLink About01808 ORD - 06/19/1945AN ORDINANCE GRANTING TO LESTER ADIER, DOING BUSINESS AS TEXAS -MSTE MATERIALS COMPANY, A FRAN- CHISE ON AND OVER TEE PUB"C STREETS AM THOROUGHFARES OF THE CITY OF CORPUS CHRISTI FOR THE PURPOSE OF OPERATING A MOTOR TRUCK OR MOTOR TRUCKS FOR COLLECTING +NASTE MATE- RIALS; PROVIDING FOR A MAXIMUM CHARGE FOR SUCH SERVICE ;. PROVIDING FOR COMPENSATION AND F13ED. ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR FORFEITURE OF SAID FRANCHISE; AND PROVIDING FOR ACCEPTANCE OF THIS ORDI- NANCE WITHIN 30 DAYS FROM THE DATE OF ITS FINAL PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; _ SECTION 1. The right and privilege is hereby granted to Laster Adler, doing business as TEXAS WASTE MATERIALS COMPANY, here- inafter called "Grantee," for a period of five (5) years from the date of this ordinance to operate a motor truck or motor trucks for hire as same are hereinafter defined and as hereinafter set out over the streets and public thoroughfares, including public alleys of the City of Corpus Christi, Texas. SECTION 2. During the operation of said motor truck or motor trucks over and upon the streets and thoroughfares of the City of Corpus Christi under the terms of this franchise, the owner thereof shall amlually pay the sum of Ten Dollars ($10.00) for each and every vehicle so operated during such year or part thereof and upon accept- ance of this franchise the Grantee shall pay the sum of One Hundred. Dollars ($100.00), which is declared by the City Council to be adequate compensation for this franchise and shall thereafter pay to the City of Corpus Christi a fixed charge of One Hundred Dollars ($100.00) per annum on the let day of August of each year that this franchise shall be in force and effect aside from and in addition to the sum of Ten Dollars ($10.00) per year for each and every motor truck so operated. A motor truck for hire, as used in this ordinance, shall mean every motor propelled vehicle used for the transportation for hire over the public streets and public thoroughfares including public alleys of the City of Corpus Christi for the purpose of collecting and hauling waste materials from the retail and wholesale business establishments of the City of Corpus Christi under private contract between the Grantee and such business establishments. SECTION 3. The maximum charge to be made by the Grantee to such business establishments shall be the sum of Two Dollars and Twenty -five Cents ($2.25) per hour for such service of collecting and hauling waste materials, the total time consumed in each trip to be prorated among the estab- lishments served on each trip in accordance with the time consumed in making the collection at each such establishment plus an equal proration of the traveling time upon each trip between the number of establishments served on each trip, but it is further understood that such maximum rate is subject to change during the life of this grant should it be deter- mined by the City Council of the City of Corpus Christi, Texas, from an inspection of the books of account and rec- ords of Grantee, as provided in Article II, Section 17, and Article VIII, Section 6, of the City Charter of the City of Corpus Christi, that such maximum rate is not reasonable. SECTION 4. Motor trucks operated under the terms of this franchise shall be of modern, safe and adequate con- struction and shall comply with all ordinances and laws reg- ulating motor vehicles in the City of Corpus Christi and State of Texas, and shall be maintained in good repair dur- ing the life of this grant. SECTION 5. Each operator of any motor truck op- erated 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 Cbe provided regulating chauffeurs and drivers of commercial motor vehicles. SECTION 6. The owner of this franchise shall com- ply with all traffic regulations and ordinances, including health ordinances now in force in the City of Corpus Christi or which may be hereafter passed and enforced in so far as the same are applicable. SECTION 7. The owner of this franchise shall carry public liability and property damage insurance upon any and all motor vehicles operated under the terms of this ordinance, which insurance policies shall be in good and solvent insur- ance companies approved by the City Secretary of the City of Corpus Christi, and such public liability provisions of such policies shall be for not less than Five Thousand Dollars 05,000.00) in case of injury to one person and not less than Ten Thousand Dollars ($10,000.00) in case of injury to more than one person in each accident and the property dam- age provision thereof shall insure against the loss to the extent of not less than Five Thousand Dollars ($5,000.00) in any one accident. SECTION 8. At the termination of such five -year period this grant shall terminate and be of no further force and effect. SECTION 9. The Grantee shall provide and maintain efficient service during the life of this grant at rates not exceeding the maximum charge fixed herein, and failure to provide and maintain efficient service shall be grounds for the forfeiture of this franchise as hereinafter provided. SECTION 10. Any infraction hereof by the owner shall be cause for the forfeiture of this grant when per- sisted in for ten (10) days after written notice. SECTION 11. At the termination of this grant this franchise, as well as any other property of the Grantee used in connection with the operation of the business to be op- erated under this franchise, shall, upon payment of a fair valuation therefor, as hereinafter provided, become the prop- erty of the City of Corpus Christi. The fair valuation of said franchise and the property used in connection therewith shall be arrived at as follows: The Mayor of the City of Corpus Christi shall ap- point one arbitrator, the Grantee herein shall appoint one arbitrator, and the two arbitrators thus appointed shall select a third arbitrator, and the three arbitrators so selected shall proceed to value said franchise and property, and the valuation agreed upon by said arbitrators, or by any two of them, shall be binding upon the parties hereto; however, the Grantee shall not be entitled to any payment or valuation because of any value derived from the franchise or the fact that the business herein permitted is or may be a going concern duly installed and operated at the termina- tion of this franchise. SECTION 12. This ordinance shall inure to the benefit of the Grantee, his successors and assigns, pro- vided, however, that no assignment of this ordinance shall become effective unless and until said assignment is and has been approved by the City Council of the City of Corpus Christi. SECTION 13. In the event any part or parts of this ordinance shall be held invalid, no valid parts thereof shall be affected thereby. SECTION 14. This ordinance shall be binding upon the acceptance thereof in writing by the said Lester Adler, doing business as TEXAS WASTE MATERIALS COMPANY, within thirty (30) days after final passage thereof. SECTION 15. The franchise granted by this Ordinance shall not be and is not intended to be an exclusive franchise. SECTION lb. All of the expense of the publication of this Ordinance shall be paid by the grantee herein. The foregoing Ordinance read read the first time and passed to the second reading on the day of 1945, by the following vote: Roy 1: Self v N. C. Beak R. R. Rambo N. B. Marriott B. G. Moffett The foregoing Ordinance was read the second time and passed to the third reading on the /j/day of, 1945, by the following vote: Rcy -- . Self N. C. Beck R. R. Rambo N. B. Marriott B. G. Moffett The Foregoing Ordinance was read the third time and passed and ordered approved by the Mayor on the GI day of r _ = 1945, by 'he following vote: Roy L. Self N. C. Beek iX✓ 0 R. R. Rambo /%✓C/% N. B. Marriott B. G. Moffett APPRW= this; %_day of 6,Z /T//L/Yul'�, A. D., 1945. i yor, y o orpua s >. T e x a s ATTE Ts I CCity oretary, APPROVED Ac ity A orn