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HomeMy WebLinkAbout03040 ORD - 05/15/1951'. ,.. M �i AN ORDnaAlres GRANT32IG TO CORPUS CHRISTI TRARISPORTATION CO., A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF W CITY OF CORPUS CERSSTI, FOR THE PURPOSE OF OPERATING TAXICABS, PROVIDING FOR A TAX FOR SUCH PRIVILEGE, PROVIDING FOR REGULATION OF SUCH SERVICE PROVIDING FCR FCR- FEITURE OF SAID FRANCHISE; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR DATE WHEN THIS _ GRANT SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The right and privilege is hereby granted to Corpus Christi Transportation Co., hereinafter called Grantee, for a period of Five (5) years from the 15th day of May, 1951, to the 11yth day of Mny, 1956, to operate a taxicab or taxicabs, as same are 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 cut. Section 2. 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 franchise and for the period of this franchise, the owner 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, the sum of one and two- tenths (1.2 %) per cent per annum of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which said remittance shall be made monthly on or before the IM day of each calendar month for the preceding calendar month. The compensation 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 it owns, nor is the city prohibited hereby from collecting the fees for chauffeurs licenses as provided in the taxicab ordinance 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 Gontroller of the City of Corpus Christi a sworn statement showing all y receipts of said Grantee, which said verified statement shall be filed within -lr tan (10) days following the and of each month. The Grantee shall install and keep an adequate system of bookkeeping 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, Yee or charge due to it by virtue hereof. Section 4. If the Grantee shall fail or refuse to keep such ads - quate system of bookkeeping, or shall fail to file such verified statement of receipts or to nay the gross receipts, street rental fee or charge levied thereon at the time and in the manner herebefore provided or shall willfully file any false statement of receipts, the sees shall be cause for a forfeiture of the rights of the Grantee to operate taxicabs within the City of Corpus Christi. Section 5. 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 rhether or not the operations extend beyond the city limits of the City of Corpus 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 passen- gers or such person or persons hiring same. Section 6. All taxicabs operated by Grantee under this franchise shall be of modern, safe and adequate construction, shall be kept in good re- pair 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 7. The Grantee shall comply with all traffic regulations and ordinances now in force in the City of Corpus Christi, and the Ims 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 supervision over the cabs operated hereunder for the purpose of preventing such cabs being used in -2- violation of any law. Failure of Grantee to comply with the spirit of this Section shall be cause for forfeiture of the franchise. Section 8. Graztes 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 ex- isting taxicab ordinance or any amendments thereto, and should the City Coun- cil, by ordinance, require a different type of bond or insurance, or require that all taxicab aompanies 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 term thereof. By acceptance of this franchise the Grantee agrees to comply with this provision. Section 9. At the termination of the Five (5) year period herein - before set cut, this grant shall terminate and be of no further force and effect. Section 10. Any willful infraction of the terms hereof by the , Grantee shall be cause for the forfeiture of this grant, and any willful 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 forfeiture 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 719 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 12. If any part of this ordinance shall be held invalid, no valid parts thereof shall be affected thereby. Section 13. This ordinance shall be binding only upon the acceptance thereof in writing by the said Corpus Christi Transportation Co., within thirty (30) daps after the final passage thereof, and full compliance 3— by the Grantee with the terms hereof as to public liability security, con- dition of cabs, pgyment of rentals, and with the terms of the existing taxicab ordinance or any amendments thereto. 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 14. "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 15. 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 proposed sale or transfer is not in good faith or that the proposed purchaser or transferee is not capable of contin- uing 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 disapproving ally such sale or transfer of this franchise, and the permits awned in connection therewith, may take into consideration all Of the requirements and qualifications of a regular application, and apply save as necessary qualifications of any proposed purchaser or transferee. Section lb, The franchise granted by this ordinance shall not be and is not intended to be an exclusive franchise. Section 17. 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 privilege granted herein, and shall be cause for forfeiture of this franchise. Section 18. 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 or- dinance, 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 -4- 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 chauffeurs and drivers of taxicabs 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 provisions 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 de- sirable to incorporate all provisions of City Law governing the taxicab busi- ness 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 lst day of May, 1951 by the following vote: Leslie Wasserman Jacky Correct Barney Cott Sidney E. Herndon George L. Lowman The foregoing Ordinance was read the second time and passed to the third reading, on the 8th day of May, 1951, by the following vote: Leslie Wasserman ^ Jack DeForrest r , Harney Cott —`V — Sidney E. Herndon George L. Lawman The foregoing Ordinance was read the third time and passed and ordered approved by the Mayor, on the l5th day of May, 1951, by the following vote: Leslie Wasserman Jack DeForrestw . Barney Cott Sidney E. Herndon George L. Lowman t —5— APPROVED this 15th day of May, 1951. EBhL ATTpSTr City Secretary APPROVED AS TO LEGAL FORMS -6— o s =y of . 0r pus Lzristi, TE %AS