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HomeMy WebLinkAbout02088 ORD - 05/27/1947AN ORDINANCE *,eo 80 GRANTING TO MARCUS DE LA GARZA, DOING BUSINESS AS LEOPARD CAB COMPANY, A FRANCHISE, LICENSE OR PER- MIT TO ENGAGE IN THE BUSINESS OF OPERATING A TAXICAB SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; PRO- VIDING FOR A LICENSE FEE OR PERP4IT FEE TO BEAR A PORTION OF THE COSTS OF SUPERVISION; PROVIDING FOR THE DESIGNATICN OF A TAXICAB STAND OR STANDS; PRO- VIDING FOR REGULATION OF THE BUSINESS; PROVIDING FOR FORFEITURE OF SAID FRANCHISE, LICENSE OR PERMIT; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS FRANCHISE, LICENSE OR PERMIT SHALT, BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi, Texas grants to Marcus de la Garza, doing business as the Leopard Cab Company, a franchise, license or permit to engage in the business of operating a taxicab service within the city limits of the City of Corpus Christi for a period of Five (5) years from the �?-) day of May, 1947, to the 2/ day of kW,_', 1952, under and subject to the terms and restrictions herein set out. SECTION 2. During the time the said Marcus de la Garza engages in the business of operating said taxicab service under the terms of this franchise, license or permit and for the period that this franchise, license or permit remains valid and in full force and effect, the owner and holder thereof shall pay to the City of Corpus Christi, Texas, at the office of the Tax Assessor - Collector, in lawful money of the United States, two and four - tenths (2.411,) per centum of the gross receipts measured by the total fares collected and other income derived from the business of operating the taxicab service, which said remittance is a fee to bear a portion of the expense of licensing and supervision of said business as well as a consideration for other grants and privileges contained herein, and which said remittance shall be made monthly on or before the 15th day of each calendar month for the pre- ceding calendar month. It is understood that this provision shall not be construed 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 ordinances of the City of Corpus Christi. The fee provided for in this Section shall be in lieu of any other fees or charges imposed by any other ordinance now in force during the life hereof, but shall not release the grantee from the payment of ad valorem taxes levied, or to be levied on property owned by grantee, nor is the City pro- hibited hereby from collecting the fees for chauffeurs'licenses as provided in the taxicab ordinances as it now exists, or such like fees as may in the future be provided by ordinance. SECTION 3. It shall be the duty of the Grantee to file with the City Controller of the City of Corpus Christi a sworn state- ment showing all receipts of said Grantee, which said verified state- ment shall be filed within ten (10) days following the end of each month. The Grantee shall install and keep an adequate system of book- keeping to be approved by the City Controller of the City; 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 to it by virtue hereof. SECTION 4. If the Grantee shall fail or refuse to keep such adequate system of bookkeeping, or shall fail to file such verified statement of receipts or to pay the gross receipts, license fee or per- mit fee levied thereon at the time and in the manner here�before pro- vided or shall wilfully file any false Statement of receipts, the same shall be cause for a forfeiture of the rights of the Grantee to operate taxicabs within the City of Corpus Christi. SECTION 5. The headquarters or principal place of business of grantee shall be located on private premises and grantees business shall be so conducted as to avoid the permanent appropriation of any portion of the public streets to grantee's exclusive use, except as provided for in Section 6 of this ordinance. SECTION 6. Upon request in writing by the grantee, the Chief Of police of the City of Corpus Christi is authorized to grant to grantee a taxicab stand at a place other than his principle place of business without further charge therefor, under the following terms and conditions. For every ten taxicabs, or a fraction thereof, actually being operated, and authorized to be operated by the Inspector of Taxicabs under the terms of existing or future city ordinances, by grantee; grantee shall be entitled to a taxistand on the public streets of City suitable for the parking of, and to accomodate one taxicab. Provided, however, that no taxistand shall ever be of a size greater than to accomodate two (2) parked vehicles. If by the actual operation of more than twenty taxi- cabs, grantee becomes entitled to additional taxistand space, said space shall be granted at a different location not less than 1000 yards distant from any other taxistand space theretofore granted. The taxi - stand space granted, shall be for the exclusive use and benefit of grantee, and City shall clearly mark the curb adjacent to the taxistand with red paint and shall stencil in white letters the word " Taxistand No Parking ". Grantee shall have the right to erect a sign, in the form of a stand, which sign or stand shall not exceed three feet in height and two feet in width, suitably constructed with a base sufficiently weighted to prevent its being easily upset. The location of the taxi - stand or stands, shall be in a business area and not otherwise, as designated on the Zoning yap of City, and the location is to be determined by the Chief of Police only, with a proper view towards avoiding traffic congestion and traffic hazards. Grantor is to hold the city harmless from any claims for damages arising out of the location of said taxistand or stands and the operations of grantee at said stand or stands, including the location and maintenance of said sign. SECTION 7. A taxicab, as used in this ordinance shall mean every automobile or motor propelled vehicle used for the transportation of passengers and personal luggage, for hire over and on the public streets, alleys and thoroughfares of the City of Corpus Christi, and not over a defined or fixed route, and irrespective of whether or not the operations extend beyond the city limits of the City of Qorpus Christi, at rates for distance traveled, or for wait time, or for both, or at rates per hour, per week or per month, and which vehicle is routed under the direction of such passenger or passengers or such per- son or persons. hiring same. SECTION 8. all taxicabs operated by Grantee under this franchise shall be of modern, safe and adequate construction, shall be kept in good repair and kept clean, and if the Grantee does not comply with the spirit of this particular provision of his franchise then such failure to do so shall be cause for a forfeiture hereof. SECTION 9. The Grantee shall comply with all traffic regu- lations 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 parmit' the cabs operated hereunder to be used in violation of any criminal statutes, State or Federal, but the Grantee 1 shall keep reasonable supervision over the cabs operated hereunder for the purpose of preventing such cabs being used in violation of any law. Failure of Grantee to comply with the spirit of this Section shall be cause for forfeiture of the franchise. SECTION 10. 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 assur- ance shall consist of a good and sufficient policy of insurance, band, 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 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 this provision. SECTION 11. 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 12. Any wilful infraction of the terms hereof by the Grantee shall be cause for the forfeiture of this grant, and any wilful infraction of the rules, regulations or provisions of said taxicab ordinance passed and approved by the City Council on the 20th day of June, 1944, or of any amendments thereto which may in the future be enacted, shall be cause for forfeiture of this grant. Provided that the question whether or not the Grantee has given cause for for- feiture of this franchise shall be a question of fact to be determined by the City Council upon hearing after at least five (5) days' notice in writing to the Grantee by the City Secretary. 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 in- valid, 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 IbLvcus de Is Garza, doing business as Leopard 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 or taxicabs 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 and the City Council may disapprove such proposed sale or transfer if it be found and determined by the Council that such pro- posed sale or transfer is not in good faith or that the proposed pur- chaser or transferee is not capable of continuing the operation under such franchise in such a manner as to render the services demanded in the best interest of the public; the City Council in approving or dis- approving any such sale or transfer of this franchise, and the permits owned in connection therewith, may take into consideration all of the requirements and qualifications of a regular application, and apply same as necessary qualifications of any proposed purchaser or transferee. SECTION 18. The franchise granted by this ordinance shall not be and is not intended to be an exclusive franchise. SECTION 19. The Grantee shall promptly pay all lawful City ad valorem taxes, and such other levies and assessments, if any, that may be lawfully imposed upon it by the City. Failure to pay any of such charges or either of them shall be deemed a breach of the privi- lege granted herein, and shall be cause for forfeiture of this fran- chise. SECTION 20. 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 pro- vided and as may hereafter be provided, regulating chauffeurs and drivers of taxicabs and motor vehicles for hire. SECTION 21. The City Council shall have the right to modify or change or amend or add to this Ordinance in order to make the pro- visions hereof more completely meet the taxicab situation in Corpus Christi, or which 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 foregoing Ordinance was read the first time and passed to the second reading, on the Ll� day of May, 1917, by the following vote: Wesley E. Seale George R. Clark, Jr. (� John A. Ferris R. R. Henry Joe T. Dawson The foregoing Ordinance was read the second time and passed to the third reading, on the ,; Q VZ day of May, 1917, by the following vote - Wesley E. Seale George R. Clark, Jr. John A. Ferris ( O` R. R. Henry Joe T. Dawson The foregoing Ordinance was read the third time and passed and ordered approved by the Mayor, on the 2-7_ day-of May, 1947, by the following vote: Wesley E. ;Seale George R. Clark, Jr. John A. Ferris (A , R. R. Henry�� Joe T. Dawson =- APPROVED this 2 7 day of May, 1947- ATTESTt City Secre ary APPROVED AS TO LEGAL i y Attorney Y R, City of Corpus Christi, Texas. ACCEPTANCE OF ORDINANCE TO THE CITY COUNCIL May 28, 1947 CITY OF CORPUS CHRISTI, TEXAS In compliance with Section 15 of ordinance no. , which was finally passed on the 29th day of 1,19y , 1947, this is xy acceptance in writing of such ordinance and the provisions thereof. This acceptance is made within 30 days after the final passage of such ordinancee Marcus de la Garza Leopard Cab Company I � r