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HomeMy WebLinkAbout01809 ORD - 06/19/1945AN ORDINANCE GRANTING TO BLUE AND WRITE CAB COMPANY, A PARTNERSHIP, A FRANCHISE ON AND OVER THE PUBLIC STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI FOR THE PURPOSE OF OPERATING A MOTOR VEHICLE OR MOTOR VE- HICLES FOR HIRE; PROVIDING FOR COMPMSATION AND FI%ED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF TEE CITY OF CORPUS CHRISTI; PROVIDING FOR FORFEITURE OF SAID FRANCHISE AND PROVIDING FOR ACCEPTANCE OF THIS ORDI- NANCE WMni THIRTY (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 Blue and White Cab Company, a partnership com- posed of E. P. Edgeworth, Jr., Rea B. Jones, A. L. Witten, E. M. Fox, and D. J. Cisna, hereinafter called "Grantee," for a period of five (5) years from the date of this or- dinance to operate a motor vehicle or motor vehicles for hire as same are hereinafter defined and as hereinafter set out. SECTION 2. During the operation of said motor vehicle or motor vehicles over and upon the streets and thoroughfares of the City of Corpus Christi, under the terms of this franchise, the owner thereof shall annually pay the sum of 01l, � da Dollars for.each and every vehicle so operated dur- ing such year or part thereof, and upon acceptance of this franchise the sum of Twenty -Five Dollars ($25.00), which is declared to be by the City Council adequate compensation for this franchise, and shall thereafter pay to the City of Corpus Christi a fixed charge of Ten Dollars ($10.00) per annum on the / Sf" day of AuLLc� of each year that this franchise shall be in force and effect, aside from, and in addition to, the sum of she lyaAaw, &.wi Lod Dollars ($ 106 �=o ) per year for each and every motor ve- hicle so operated. SECTION 3. A motor vehicle for hire, as used in this ordinance, shall mean every automobile or motor propelled vehicle used for the transportation for hire over the public streets and public thoroughfares of the City of Corpus Christi for the purpose of hauling and transporting passengers and employes of the various air lines to and from the Municipal Air Port of the City of Corpus Christi. SECTION 4. The maximum charge to be made by the Grantee for the transportation of passengers for hire over the public streets and public thoroughfares of the City of Corpus Christi shall be the sum of One Dollar Fifty Cents 41.50) per passenger for transportation to the Municipal Air Port of the City of Corpus Christi from the down town office of the various air lines or from any down town hotel, or to such down town office or such down town hotel from the Municipal Air Port of the City of Corpus Christi, 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 rea- sonable. SECTION 5. Motor vehicles operated under the terms of this franchise shall be of modern, safe and ade- quate construction and shall comply with all ordinances and laws regulating motor vehicles in the City of Corpus Christi and State of Texas. SECTION 6. Each operator of any motor vehicle -2- 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 chauffeurs and drivers of taxicabs and motor vehicles for hire. SECTION 7. The owner of this franchise shall com- ply with all traffic regulations and 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 8. 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 ordi- nance, which insurance policies shall be in good and solvent insurance companies approved by the Taxicab Inspector of the City of Corpus Christi, and such public liability provisions of said policies shall us for Five Thousand Dollars ($5,000.00) in ease of injury to one person and Ten Thousand Dollars ($10,- 000.00) in case of injury to more than one person in each ac- cident, and the property damage provision thereof shall in- --sure against the loss to the extent of Five .Thousand Dollars ($5,000.00) in any one accident. 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. At the termination of such five (5) year period this grant shall terminate and be of no further force and effect. This grant may be terminated by the City Council of the City of Corpus Christi prior to the and of such five (5) year period upon the request in writing of a -3- majority of the established air lines serving the Municipal Air Port of the City of Corpus Christi. SECTION 11. 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 12. 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 13. This ordinance shall inure to the bene- fit of the Grantee, its successors and assigns, provided, how- ever, 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 14. In the event any part or parts of this ordinance shall be held invalid, no valid parts thereof shall be affected thereby. -4- SECTION 15. This ordinance shall be binding upon the acceptance thereof in writing by the said Blue and White Cab Company, a partnership, within thirty (30) days after final passage thereof. SECTION 16. The franchise granted by this ordi- nance shall not be and is not intended to be an exclusive franchise. SECTION 17. All expense of publication of this ordinance shall be borne by the Grantee. The foregoing ordinance was read the first time and passed to the second reading on the 5- day of 1945, by the following vote: Roy L. Self N. C. Beek Neal B. Marriott vLfi� R. R. Rambo B. G. Moffett ,G ! The foregoing ordinance was read the second time and passed to the third reading on the / day of 1945, by the following vote: L Roy L. Self N. G. Beek Neal B. Marriott R. R. Rambo U B. G. Moffett The foregoing ordinance was read the third time and passed /4 Id ordered approved by the Mayor on the day of 1945, by the following vote: -5- Roy L. Self I%. C. Beak R. B. Marriott_ R. R. Rambo B. G. Mo] APPROVED this, / ` ATT-. L: L City Seordtar7 APPRCVEDt Ac ty A torney\ - 6 -