HomeMy WebLinkAbout03047 ORD - 05/22/1951AN ORDINANCE
GRANTING TO ELT-FORE CRECY, DOING BUSINESS AS
CRECY'S TAXI SERVICE, A FRANCHISE ON A1ID OVER
THE PUBLIC STREETS, ALLEr. AID PUBLIC THOROUGH-
, FARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A
TAX FOR SUCH PRIVILEGE; PROVIDING FOR REGULATION
OF SUCH SERVICE] PROVIDING FOR FORFEITURE OF SAID
FRNNCHISE, PROVIDING FOR PUBLIC LIABILITY SECURITY
PROVIDIIG FOR PROPER SUPERVISICN; PROVIDING FOR
DATE MEN THIS GR4NT SHALL BEOMIE EFFECTIVE. '
BE IT ORMINME BY M-' CITY COUNCIL OF TEE CITY OF CORPUS
CHRISTI, TEXAS=
SECTION 1. The right and privilege is hereby granted to
Elmore Crecy, doing business as Creoy's Taxi.Servioe, hereinafter called
Grantee, for a period of five (5) years from the lot day of may, 1951,
to the 30th day of April, 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 out.
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 shell pay to the City of Corpus Christi,
Texas, at the office of the Tax Assessor- Collector, in lawful money of the
United States, one and two-tenths (1.2%) psr cent 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 15th day of each calendar month for the proceding
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 City Ordinance. The com-
pensation 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 pro-
hibited hereby from collecting the fees for chauffeurs licensee as pro-
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vided 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 Controller of the City of Corpus Christi a sworn statement show-
ing all receipts of said Grantee, which said verified statement shall be
furled within ten (10) days following the end 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 in-
spection by the governing body of the City and any person or persons the
said City may designates or either of them, so as to enable the City to
check the correotness of the gccounts 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 tb•keep such _
adequate system of bookkeeping, or shall fail to file such verified state-
ment of receipts or to pay the gross receipts, street rental or charge
levied thereon at the time and in the manner herebefore provided 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. 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 him over and on the public streets,
alleys and thoroughfares of the City of Corpus Christi, and not over a de-
fined or fixed route, and irrespective of whether 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 passengers or such person or persons hiring same.
SECTION 6. All taxicabs operated by Grantee under this franchise
shall be of modern, safe and adequate conetruotion, shall be kept in good
repair and kept clean, and if the Grantee does not comply with the spirit
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of this particular provision of his franchise then such failure to
do so shall be cause for a forfeiture hereof.
SECTION %. The Grantee shall emply with all traffic re-
gulations 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 ordinance 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 beep reaeomble 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 8. Grantee must carry public liability seeubity as
is provided by oadimnoe. 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 new provided by
the existing taxicab ordimneey and should the City Council, by ordinance,
require a different type of bond or insurance, or require thht all taxicab
companies carry a policy of insurance, or increase the face amount of such
bond or insurance, then the Grantee shall have thirty (30) days from the
date of the pass4re of such ordinance in which to comply with the terms
thereof. By acceptance of this franchise the Grantee agrece to comply
with this provision.
SECTION 9. At the termination of the five (5) year period here -
inbefore set out, this grant shall terminate and be of no further force and
effect.
SECTION 10. 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 ordimnee
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passed and approved by the City Council on the 20th day of June, 19L4,
or of any amendments thereto which may in the future be enacted, aball
be cause for forfeiture of this grant, Provided that the question
vdiether or not the Grantee has given cause for forfeiture of this fran-
miss 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 11. The Grantee hereunder may charge such rates as arc
now, or may in the future, be set by Ordinance passed by the City Council.
SECTION 12. I£ 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 accept-
ance thereof in writing by the said Elmore Crecy, doing business as Crecy's
Taxi Service, 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.
SECTI02T 14. "Grantees 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
continuing the operation under such franchise in such a manner as to render
the serrices demanded in the best interest of the public; the City Council
in approving or disapproving any such sale or transfer of this franchise,
and the permits owned in eonnecticn therewith, may take into consideration
all of the requireaants and qualifications of a regular application, and
apply same as necessary qualifications of any proposed purchaser or trans-
fares; - ly
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 causd 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
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 termsof this franchise shall comply with all
of the ordinance 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, in-
cluding the right of the Council to charge the gross receipt tax payable
under Section 2 of this ordinance, 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.
PASSED AND APPROVED, This the ;�c2 day of 2i�v , 1951
MA OR
City of Corpus Christi, Texas
On-
A T:
C y Secre ary
I VED AS LEGAL FORM.
City Attorney