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HomeMy WebLinkAbout03406 ORD - 02/03/1953AN ORDINANCE GRANTING TO F. C. WARNER, DBA AMERICAN 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 TAXICABS; PROVIDING FOR A TAX FOR SUCH PRIVILEGE; PROVIDING FOR REGULATION OF SUCH SERVICE; PROVIDING FOR FORFEITURE OF SAID FRANCHISE; PRO- VIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING EFFECTIVE DATE OF THIS GRANT BE IT ORDAINED BY THE CITY COUNCIL OF TI —ECITY OF CORPUS CHRISTI, TEXAS: SECTION to THAT THE RIGHT AND PRIVILEGE IS HEREBY GRANTED F. C. WARNER, DBA AMERICAN CAB COMPANY, LOCATED AT 1107 NORTH WATER STREET IN THE CITY OF CORPUS CHRISTI, FOR A PERIOD FOR FIVE YEARS (5) FROM THE "D AY OF A.D. 195,3 TO THE _,J224D AY OF 195, 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%) PER CENT OF THE GRO55 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 THE 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 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 HEREBY m 3 1f a (5, FROM COLLECTING 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 SWORN n 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 GOVERNING BODY OF THE CITY AND ANY PERSON OR PERSONS THE SAID CITY MAY DES- IGNATE, OR EITHER OF THEME SO AS TO ENABLE THE CITY TO CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RECEIPTSp 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 VERIFI- ED STATEMENT OR RECEIPTS OR TO PAY THE GROSS RECEIPTS, STREET RENTAL FEE OR CHARGE LEVIED THEREON AT THE TIME AND IN THE MANNER HEREBE- FORE 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 TRANSPORTA- TION 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 ROUTES 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 TIMES OR FOR BOTH, OR AT RATES PER HOUR, PER WEEK OR PER MONTH, AND WHICH VEHICLE 15 ROUTED UNDER THE DIRECTION OF SUCH PASSENGER OR PASSENGERS OR SUCH PERSON OR PERSONS HIRING SAME. -2- SECTION 6. ALL TAXICABS OPERATED BY GRANTEE UNDER THIS FRAN- CHISE SHALL BE OF MODERN, SAFE AND ADEQUATE CONSTRUCTION, SHALL BE KEPT IN GOOD REPAIR AND KEPT CLEANy AND IF THE GRANTEE DOES NOT COM- PLY 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 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 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 HERE- UNDER 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 MUST CARRY SUCH PUBLIC LIABILITY SECURITY AS 15 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 TAXICAB ORDINANCE; AND SHOULD THE CITY COUNCILS BY ORDINANCE, REQUIRE A DIFFERENT TYPE OF BOND OR INSURANCE, OR REQUIRE THAT ALL TAXICAB COMPANIES CARRY A POLICY OF INSURANCES 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 COM- PLY 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 -3- 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 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 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. SECTION 11. THE GRANTEE HEREUNDER MAY CHARGE SUCH RATES AS ARE NOWT OR MAY IN THE FUTURES BE SET BY ORDINANCE PASSED BY THE CITY COUNCIL. SECTION 12. IF ANY PART OF THIS ORDINANCE SHALL BE HELD IN- VALID 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 F. C. LARNER2 DOING BUSINESS AS AMERICAN 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, 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 TAXI- CABS 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 PER 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 IN- HERITED; PROVIDED HOWEVER, THAT ANY SALE OR TRANSFER SHALL BE FIRST PRESENTED IN WRITING TO THE CITY COUNCIL FOR ITS APPROVAL OR DIS- APPROVAL AND THE CITY COUNCIL MAY DISAPPROVE SUCH PROPOSED SALE OR -4- TRANSFER IF IT BE FOUND AND DETERMINED BY THE COUNCIL THAT SUCH PRO- POSED SALE OR TRANSFER IS NOT IN GOOD FAITH OR THAT THE PROPOSED SALE 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 DIS- APPROVING ANY SUCH SALE OR TRANSFER OF THIS FRANCHISES AND THE PERMITS OWNED IN CONNECTION THEREWITH MAY TAKE INTO CONSIDERATION ALL OF THE REQUIREMENTS AND QUALIFICATIONS OF A REGULAR APPLICATIONy AND APPLY SAME AS NECESSARY QUALIFICATIONS OF ANY PROPOSED PURCHASER OR TRANS- FEREE. SECTION 16. THE FRANCHISE GRANTED BY THIS ORDINANCE SHALL NOT BE AND IS NOT INTENDED TO BE AN EXCLUSIVE FRANCHISE. SECTION 17. THE GRANTEE SHALL PROMPTLY PAY ALL LAWFUL C17Y AD VALOREM TAXES AND SUCH OTHER LEVIES AND ASSESSMENTSy IF ANY THAT MAY LAWFULLY IMPOSED UPON 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 SERVICES 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 OF THE ORDINANCES OF CITY OF CORPUS CHRIST, AND THE LAWS OF THE STATE OF TEXAS NOW PRO- VIDED AND AS MAY HEREAFTER BE PROVIDEDy 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 PROVI- SIONS HEREOF MORE COMPLETELY MEET THE TAXICAB SITUATION IN CORPUS CHRISTI, INCLUDING THE RIGHT OF THE COUNCIL TO CHARGE THE GROSS RE- CEIPT TAX PAYABLE UNDER SECTION 2 OF THIS ORDINANCES OR WHICH IS -5- 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 DAY DF ,1953, MAYOR CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPROVED: AS TO LEGAL FORM: &::,. 1:��- - CITY ATTORNEY THE FOREGOING ORDINANCE WAS READ THE ppFIRST TIME AND PASSED TO THE SECOND READING, ON THE Lia DAY OF �...1 • ,.,..� %i 1952, BY THE FOLLOWING VOTE: LESLIE WASSERMAN JACK DEFDRREST MIKE NEEDHAM FRANK WILLIAMS ON GEORGE L. LOWMAN THE FOREGOING ORDINANCE WAS READ THE SCOND TIME AND PASSED TO THE TH I RD READ I NG, ON THE 2 7A DAY OF . 1953, BY THE FOLLOWING VOTE: LESLIE WASSERMAN JACK DEFDRREST al MIKE NEEDHAM FRANK 1d I LLIAMSON GEORGE L. LOWMAN THE FOREGOING ORDINANCE WAS READ THE THIRD TIME AND PASSED AND ORDERED APPROVED BY THE MAYOR, ON THE IfA./I AY OF , 1958, BY THE FOLLOWING VOTE: -6- LESLIE WASSERMAN aALL JACK DEFORREST MIKE NEEDHAM FRANK WILLIAMSON QAbj GEORGE L. LOWMAN APPROVED THIS y IIAY OF pl y , A. D. 195�. ATTEST: CITY SECRETARY ' MAYOR CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas February 6, 1953 City of Corpus Christi Corpus Christi, Texas Gentlemen: In compliance with Section 13 of Ordinance No. 3406 granting a franchise to F. C, Warner, dba American Cab Company, I hereby accept said franchise ordinance in writing within thirty f30) days after the final passage thereof. Yours very truly, 4 F. C. WARNER 2720 Alameda go`c a t�