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HomeMy WebLinkAbout03062 ORD - 06/05/1951AN ORDINANCE - GRANTING TO LOFNIE KIM, DOING BUSINESS AS KING'S TAXICAB COMPANY, A FRANCHISE ON AND OVER ME PUBLIC STREETS, ALLEYS AND PUBLIC THOROUCHFARES OF ME CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXI- CABS; PROVIDIFr, FOR A TAX FOR SUCH PRIVILEGE; PRO- VIDING FOR REGULATION OF SUCH SERVICE; PROVIDING FOR FORFEITURE OF SAID FRANCHISE; PROVIDING FOR PUBLIC LIABILITY SECURITY] PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN MIS GRANT SHALL BECOME EFFEC- TIVE. BE IT ORDAINED BY 'ME ,ITY COUNCIL OF ME CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The ripht and privilege is hereby granted to Lonnie King., doing business as King's Taxicab Company hereinafter celled Grantee, fay ' s period of five (5) years from the let dgy 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 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 (1.2/1) per cent of the gross receipts measured by the total fares collect- ed and other income derived from the operation of ti:e 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 compensation provided for in this Section bhall 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 fees for chauffeurs licensee me 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 sworn statement showing - all receipts of said Grantee, which said verified 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 governing body of the City and any person or xe rsons the said City may designate, or either of them, so as to unable the City to check the correct- ness of the accounts kept and the amount or gross receipts, street rental, fee or charge due to it by virtue hereof. SECTION 4. If the Grantee shall fail or refuse to keep such adequate system of. bookkeeping, or shall fail to file such verified statement or re- ceipts or to pay the gross receipts, street rental fee or champ levied there- on at the time add in the annner herebefore provided or shall wilfully file any false statement of receipts, the came 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 auto- mobile or motor propelled vehicle used for the transportation of passengers and personal luggage, for hire over and on the public streets, alleys and thorough- fares of the City of Corpus Christi, and not over a defined 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 construction, shall be kept in good repair and kept clean, and if the Grantee does net comply withthe spirit of this particular provision of his franchise then such failure to do so shall be ainte for a for- feiture 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 -2 - 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 per- mit the cabs operated hereunder to be used in violation of any criminal statutes, State or Federal, but the Grantee shall keep reasonable super- vision over the cabs operated hereunder for the purpose of preventing such cabs being used in violation of anl� laws. Failure of Grantee to comply with the spirit of this Section shall be cause for forfeiture of the franchise. SECTION B. Grantee must carry such public liability security i as is provided by ordinance. Before this franchise shall become effec- tive 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 taro and caution for the public safety. Such assurance shs11 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 require that all taxicab companies earn, a policy of insurance, or increase the face amount of such bond or insurance, then the Gran +,ee 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 agree. to comply with this rr isicn. SECTION 9. At the termination of the five (5) year period herein - before set out, this grant shell terminate and be of no further force and effect. SECTION 10. dnywila ul 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 provisicns of said taxicab ordi- nance 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 emoted, shall be tPause 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 - 3 - hearing after at least five (5) days notiuc in writing to the Grantee by the City Secretary. SECTIOI•T 11. The Grantee hereunder may charge such rates as are now, or may in the future, be act by Ordinance passed by the City Council. SECTION 12. If any part of this ordinance shall be held in- valid, no valid parts hhereof shall be affected thereby. SECTION 13. This ordinance shall be binding only upon the acceptance thereof in writing by the maid Lonnie King, doing business as King'a Taxicab Company, within thirty (30) days after the final pass- age 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 great 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. SECT-roil lly. "Grantee" as herein used shall be construed as singular or plural, accoring to whether one or more than one person at the in rticular time may be the owner of this grant. SECTION 15. This franchise, and the permits held by the Grantee in commotion with said franchise, may be sold, transferred and inherited; provided, hoeever, that any sale or transfer 6hall 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 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 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 therewith, may take into consideration all of the require- ments and qualifications of a regular application, and apply same as necessary qualifications of any proposed purchaser or transferee. -4- SECTION 16. The franchise granted by this ordinance shall not be and is not intended to be an exclusive franchise. SECTION 17. The Grantee shallpromptly pay all lawful City ad valorem taxes, and such other levies and assesements, if any, that may be lawfully imposed upon it by the City. Failure to Fay any of such charges or either of them shall be deemed a breach of the privi- lege 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 requirementsas may be required by ordinance, and say 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 of the ordinances 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 charge 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 deemsit desirable to incorporate allprovisions of City law governing the taxicab business in this franchise rather than have a separate ordinance. PASSED AND APPROVED, This the 5th day of June, 1951. MkYOR- City of Corpus Christi, Texas ATTEST: City Secretary APPROVED AS TO LEGAL FORM: O The foregoing Ordinance was read the first time and passed to the second reading, on the day of AAAA>, 1951, by the following vote: Leslie 57asserman Jack DeForrest Barney Cott Sydney E. Herndon uru�Y� Ceorge L. Lc9rmen The foregoing Ordinance was read the seomd 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. Low n 041— The foregoing Ordinance was read the third tim and passed and ordered approved by the Mayor, on the S— day 01951, by the following vote: Leslie Wasseman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lomnan / v AFFROVED THIS., r day of , 1951. M Xuff • City of Corpus Christi, Texas ATTEST: City Secretary 3062