HomeMy WebLinkAbout03049 ORD - 05/22/1951AN ORDINANCE
GRANTING To L ?A)MMO, PETE AND MANUEL S. LONGORIA,
A PARTNERSHIP, DOING BUSINESS AS BLACK AND MITE
CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUCHFARM OF THE
CITY OF CORPUS CHRISTI, FOR ME PURPOSE OF OEERAT-
IIIG TAXICABS; PROVIDING FOR A TAX FOR SUCH PRIVI-
LEGE; PROVIDING FOR REGULATION OF SUCH SERVICE=
PROVIDING FOR FORFEITURE OF SAID FRANCHISE= PROVID-
ING FOR PUBLIC LIABILITYMCURITYI PROVIDING FOR
PROPER SUPERVISION, PROVIDING FOR DATE VMN IBIS
' GRANT SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. The right and privilege is hereby granted to Raymundo,
Pete and Nsnuel S. Longoria, a Partnership, doing business as Black and
Mite Cab Company, hereinafter called Grantee, for a period of five (5) '
years from the 1st 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 i
and upon the public streets, alleys and thoroughfafes 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 (1.29) 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 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 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 fee6
for chauffeurs licenses as provided in the taxicab ordinance as it
now exists, or such like fees amn=y in the future be provided by
ordinance.
SECTION j. It shall be the duty of the Grantee to file with the
City Controller of'the City of Corpus Christi a sworn statement show-
' in„ all receipts of said Grantee, which said verified statement shall
be filed within ten (10) days follmArg 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 governing body of the City and any per-
son or persons the said City may designate, or either of them, so as to
enable the City to check the correctness of the a ecounts kept and the
amount of gross receipts, street rental,, fee, or charge due to it by
virtue hereof. '
5ECTIO11 ly. If the Grantee shall fail or refuse to keep such ade-
quate system of bookkeeping, or shall fail to file such verified state-
ment of receipts or to pay the Bross 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 to operate taxicabs within
the City. of Corpus Christi.
SECTICN 5. A taxicab, as used in this ordinance shall mean every
automobile or motor propelled vehicle used for the transportation of
passengers and personal lut.Zage, for hire over and on the public streets,
alleys and thoroughfares of the City of Corpus Christi, and not ever a
defined or fixed route, and irrespe otive of whether or not the operations
extend beyond the city limits of the City of Corpus Christi, ar 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
t
shall be of modern, safe and adequate construction, shall be kept in good
repair 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 ?or 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 laws
of the State of Texas now in force, and shall comply with such ordinance
and State laws which in the future may be emoted, 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 reason-
able supervision over the cabs operated hereunder for the purpose of pre-
venting 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 such public 1sAbility 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 taxicab ordinance, and should the City Council, by ordinance,
require a different type of bond or insurance, or requirethat 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 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 herein -
before set out, this grant shall terminate and be of no further farce and
effect.
FECTICII 10. Any wilful infraction of the terns hereof by the Grgntee
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 June, 1944, or of any
amendments thereto which may in the future be enacted, shall be case 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.
i -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.
SECTIr.N 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 socen-
taw;e thereof in writing by the said Raymundo, Pete and Manuel S. Longoria,
a partnership, doing business as Black and White Cab Company, 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, pay-
ment of rentals, and with the terms of the existing Taxicab Crdinanc�. 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; pro-
vided, 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 it It be found and determined by
the Council the t such proposed sale or transfer is not in good faith or
c
that the proposed purchaser or transferee is not capable of continuing the
operation under such franohise in such a manner as to render the services
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 connection therwith, my take into consideration all of the requirements
and qualifications of a regular application, and apply same as necessary quali-
fications of any proposed purchaser or transferee.
SECTION 16. The franchise granted by this ordinam a shall not be and
is
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 upock! 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
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 termso£ 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 s1-411 have the right to modify or chan ge 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 desireable to incorporate all provisons of City Saw
governing the taxicab business in this franchise rather than have a separate-,
ordinance.
PASSED AND APPROVED, This the day of / //C 1951.
L4AYOR
City of Corpus Christi, Texas
Al EST:
City Secretary
A
The £oregoin;, oxdinaam a was read thw first time and passed to the
second reading, on the d day of
1951, by the follrn-
ing vote;
Leslie Wasserman
Jack DeForrest
Old— ,
Barmy Cott
(21--
Sydney E. Herndon
0;a,
George L. Lovman
0- '
The foregoing ordinance was read
the second ti= and passed to the
third reading, on the 1t5— day o£�, 1951, by the follow -
ins vote:
Leslie Wasserman
JacL- DeForrest
Barney Cott
O
(A
Sydney E. Herndon
T
George L. Lowaan
The foregoing ordinance was read
third time and passed and
ordered approved by the Yayor, on the
�ttshe
p cay of 9t0 , 1951,
by the following vote:
Leslie Wassen n
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Loiman
APPROVED this $he '2:2�_dsy of
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORtt:
City Attorney
,
A. D., 1951-
I%YC
City of Corpus Christi, Texas
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