HomeMy WebLinkAbout03048 ORD - 05/22/1951AN ORDINANCE
GRANTING TO VICTOR MORENO, AN INDIVIDUAL,
DOING BUSINESS AS RED TOP TAXI, A FRANCHISE
ON AND OVER THE PUBLIC STREETS, ALLEYS AND
PUBLIC THOROUGHFARES OF THE CITY OF CORPUS
CHRISTI, FOR THE PURPOSE OF OPERATING TAXI- -
.CABS; PROVIDING FOR A TAX FOR SUCH PRIVILEGE;
PROVIDING FOR REGULATION OF SUCH SERVICE;
PROVIDING FOR FORFEITURE.OF,SAID FRANCHISE;
PROVIDING FOR PUBLIC LIABILITY SECURITY; PRO-
VIDING FOR PROPER SUPERVISION; 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
Victor Moreno, an individual, doing business as Red Top Taki
hereinafter called Grantee, for a period of five (5) years from
the 1st day of May, 1951, to the 30th day of AprMl, 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 taxi-
cabs over 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, one
and two- tenths (1.2%) per 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 preceding 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 City Ordinance. The com-
pensation provided for in this Section shall be in lieu of any
e ro
other fees ar 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, of to be levied on
property it owns, nor is the City prohibited hereby from collect-
ing 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 Controller of the City of Corpus Christi a wworn
statement showing all receipts of said Grantee, which said veri-
fied statement shall be filed 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 inspection by the govern-
ing 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 re-
ceipts, street rental, fee or charge due to it by virtue hereof.
SECTION 4. If the Grantee shallfail or refuse to keep such
adequate system of bookkeeping, or shall fail to file such veri-
fied statement of receipts or to pay the gross receipts, street
rental fee 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 U operate taikicabs 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'trans-
portation 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
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irrespective of whether or not the operations extend beyond
the dity 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 b. All taxicabs operated by Grantee under this
franchise shall be of modern, safe and adequate construction,
shall be kept in good repair and kept clea, and if the Grantee
does not comply with the spirits 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 regula-
tions 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 here-
under 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 violation of any law. Failure of Grantee to
comply with the spirit of this Section shall be cause for for-
feiture of the franchise.
SECTION 8. 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 assurance shall consist of a good and sufficient policy of
insurance, bond, or cash bond as now provided by the existing taxi-
cab 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
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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 9. 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 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 ordinance passed and approved by the City Council
on the 20th day of dune, 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 questdon
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
are now, or may in the future, be set by Ordinance passed by the
City Council.
SECTION 12. If any part of this ordinanceshall be held in-
valid, no valid parts thereof shall be affected thereby.
SECTION 13. This ordinance skull be binding only upon the
acceptance thereof in writing by the said Victor Moreno, an
Individual, doing business as Red Top Taki, 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 be longer have the
right.to operate a taxicab or taxicabs with the City of Corpus
Christi.
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SECTION 14. "Grantee" as herein used shall be construed
as singular or plural, according to whether one or more than
one person at the parti.d.ular 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, trans-
ferred and inherited; providers, however, that any sale or trans-
fer 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 cintinuing the operation under such franchise in such a manner
as to render the services demanded in the beat interest of the
public; the City Council in approving or disapproving any such sale
or transfeir�of this franchise, and the permits owned in connection
therewith, may take into consideration all of the requirements and
qualifications of any proposed purchaser or transferee.
SECTION 16. The franchise granted by this ordinance shall n
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 hereinF.. and shall be cause for forfeiture
of this franchise.
SMTION 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 terms of this franchise shall comply with all
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of the ordinances of the City of Corpus Christi, and the lays 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, including 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 2,,j day of , 1951-
MAYOR
City of Corpus Christi, Texas
TEST:
City Secretary
APPROVED:
City Attorney
The foregoing ordinance was read the first time and passed to
the second reading., on the 8th day of �, 1951, by the following vote:
Leslie Wasserman,
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The foregoing ordinance was read the second time and
passed to the third reading on the day of
1951, by the following vote:
Leslie Wasserman
Jack DeForrest /
Barney Gott
Sydney E. Herndon
George L. Lowman
The foregoing ordinance was read the third time and
passed and ordered approved by the Mayor, on the of .Z day
of ' ! 1951, by the following vote:
Leslie Wasserman
$ack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
APPROVED this o2 day of , A. D., 1951.
MAYOR
City of Corpus Christi, Texas
AT ST:
City Secretary
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