Loading...
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 — 2 — 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 — 3 — 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. — 4 — 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 -- 5 — 2 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 2649