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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- ;j X047 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 - 2 - 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 - 3 - 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