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HomeMy WebLinkAbout03050 ORD - 05/22/1951J o ro AN ORDINANCE GRANTING TO R. LONGORIA, DOING BUSINESS ' AS LONGORIA CAB COMPANY, 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 TAS.FOR SUCH PRIVI- LEGE; PROVIDING FOR REGULATION OF SUCH SER- VICE; PROVIDING FOR FORFEITURE OF SAID FRAN- CHISE; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE. BE IT ORDAINED BY TIM CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The right and privilege is hereby granted to R. Longoria, doing business as Longorig 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 taxi- cab 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 and upon the public streets, alleys and thoroughfares of the City of Corpse 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 or 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 �v 5D other fees or charges imposed by any other ordinance now in force during the life thereof, but shall not release the, Grantee from the payment of ad valorem taxes levied, or to be levies on property it owns, nor is the City Prohibited here- by from collecting the fees for chauffeurs licenses as pro- vided in the taxidah 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 showing all receipts of said Grantee, which said veri- fied statement shall be filed within t6n (10) days following the and of each month. The Grantee shall install and keep an adequate system of bookkeeping to be approved by the City Con- troller of the City; which books shall be subject to inspection by the governing 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 receipts, street rental, fee or charge due to it by virtue hereof. SECTIM 4. If the Grantee shall fail or refuse to keep such adequate system of bookkeeping, or shall fail to file such verified statement or 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 or 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 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 defihed or fixed route) and' irrespective of whether or not the operations extend beyond the — 2 — city limits of the City of Corpus Christi, at rates for dis- tance traveled, or for wait time, or for both, or at rates per hour, per week or per month, and which vehicle is routed under bhe 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 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 for a forfeiture hereof. SECTION 7. The Grantee shall comply 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 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 forfeiture of the franchise. SECTION 8. Grantee meet 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 taxicab ordinance; and should the City Council, by ordinance, require a diffetent type of bond or insurance, or require that , 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 ordi- nance in which to comply with the terms thereof. By acceptance_ Y — 3 — of this franchise the Grantee agrees to comply with this provi- sion. SECTICN 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 amy 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, shallbe 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 ques- tion 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. SECTICN 11. The Grantee hereunder gray 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 ordinance shall be held Invalid, no valid parts thereof shall be affected thereby. SECTION 13. This ordinance shall be binding only upon the acceptance thereof in writing by the said R. Longoria, doing business as Longoria Cab Company, within thirty (30) days after the final passage thereof, and full complaince by the Grants,e 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, SECTION 14. °Grantee" as herein used shall be construed as — 4 — •i' singular or plural, according to whether one or more than one per person at the particular time may be the owner of this grant. SECTICN 15. This franchise, and the permits held by the Grantee in connection with said franchise, may be sold, trans- ferred and inherited; provided, however; operated under the terms of this franchise shall comply With all of the ordinances of the City of CorpusChristi, 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, 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 rdther than have a separate ordinance. PASSED AND APPROVED, This the 22nd day of !Lab 1951. OR City of Corpus Christi, Texas A EST: City Secretary APPROVED: City Attorney The foregoing ordinance was read the first time and passed to the second reading, on the 8th day of Maay, 1951 by the following vote: Leslie Wasserman Jack DeForrest Harney Cott Sydney E. Herndon George L. Lowman -6- 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 Cott Sydney E. Herndon George L. Lowman The foregoing ordinance was read the third time and passed and ordered approved by the Mayor, on the 1----day of 1951, by the following vote: Leslie Wasserman (.cy Jack DeForrest Barney Cott Sydney E_ Herndon George L. Lowman olu APPROVED THIS ;2- Y day of , A. D., 1951. MAYOR City of Corpus Christi, Texas ATTEST: City Secretary -�D5D