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HomeMy WebLinkAbout03776 ORD - 06/09/19541 AN ORDINANCE GRANTING TO MISSION RENT -A -CAR, INC., ACT- ING BY AND THROUGH ITS PRESIDENT, PHIL W. RIDGEWAY, A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTO - MOBILE" BUSINESS FOR THE OPERATION OF "DRIVERLESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE PAYMENT OF ANY FURTHER CHARGES; RENTAL FEES, OR FEES WHICH MAY SUBSEQUENTLY BE LEGALLY IMPOSED UPON SUCH A BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. Subject to the terms and conditions herein set forth, there is hereby granted to Mission Rent -A -Car, Inc. , acting by and through its President, Phil W. Ridgeway, for the period of five (5) years from the passage of this ordinance the right and privilege of engaging in the business of operating a 'Driverless Automobile" busi- ness for the purpose of operating "Driverless Automobiles" on and over the streets of the City of Corpus Christi. SECTION 2. The rights and privileges granted herein may be exercised only if Grantee complies with the following terms and conditions: A. That the Grantee obey and comply with all of the ordinances of the City of Corpus Christi which are now in existence or which may subsequently be passed regulating the business of operating a "driverless automobile" business and regu- lating the operation of the vehicles used in said business. B. That the Grantee own all vehicles operated by him in said business and that said Grantee hold legal title to said vehicles in his name. 5� � Y C. That the Grantee pay before becoming delinquent any charges, rentals, street rental fees, ad valorem taxes or other obligations which the City may now or subsequently be authorized by the Legislature to impose and collect which are or may be imposed by an ordinance duly and legally enacted by the City Council of the City of Corpus Christi, Texas. D. (1) In consideration for the granting of this franchise by the City of Corpus Christi, that the Grantee shall pay to such City a City Permit Fee consisting of One Per Cent Q J of Grantee's Gross Receipts per annum payable as described below. (2) Not later than the 10th of each month a monthly report of Gross Receipts of such "Driverless Automobile" Gusiness shall be submitted to the Assessor and Collector of Taxes of the City of Corpus Christi on a form to be prescribed by the Comptroller of such City. Such report shall be accompanied by check inade in amount to cover the City Permit Fee of such report. SECTION 3. Any wilful infraction of the terms of this ordinance or any ordinance of the City of Corpus Christi regulating the business of operating a 'Driverless Automobile" business or the operation of said vehicles used in such business shall be cause for the forfeiture of this franchise, provided that the question of 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 a hearing duly held by the City Council and after at least five (S) clays notice in writing has been given to the Grantee of the date and place of said hearing by the City Secretary. SECTION 4. This franchise shall become effective after its passage on third reading thereof and publication thereof as required by Charter and provided Grantee deliver written acceptance thereof in the office of the City Secretary, which acceptance shall be construed as a contract to perform the obligations herein provided on the part of Grantee, -2- SECTIONS. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of May, 1954, by the following vote: Ellroy King O P. C. Callaway James S. Naismith W. James BracejL7 That the foregoing ordinance was read for the T ditme and passed to its third reading this the day of 1954, by the following vote:" Ellroy King .J P. C. Callaway James S. Naismith W. James Brace That the foregoing ordinance was read for the third time and passed finally on this the day of June, 1954, by the following vote: 1`T Oy _CaII'away "`f James S. Naismith W. James Brace PASSED AND APPROVED, this the '-day of 1954. ATTEST: C ty Se re ry j Mayor THE CITY OF CORPUS 4HR1STI, TEXAS APPROVED AS TO LEGAL FORM: City `Attorney 3 -3- FISCHER, WOOD, BURNEY & NE5BITT ATTORNEYS AT LAW I9? FLOOR ROBERT DRI5COLL BUILDING CORPUS CHRISTI, TEXAS ILLEI WOOD June 18, 1954 GEORGE L. BA111111T City Secretary City of Corpus Christi, Texas Dear Sir: On June 9, 1954 the City Council finally completed action on an ordinance granting to Mission Rent -A -Car, Inc. a franchise to engage in the business of operating a driverless automobile business in Corpus Christi, Texas. On June 3, 10, and 17, 1954 such franchise was published in the Corpus Christi Times. Section 4. of such franchise ordinance reads in part as follows: 11.... and provided grantee shall deliver written acceptance thereof in the Office of the City Secretary, which acceptance shall be construed as a contract to perform the obligations herein provided on the part of grantee. 11 While Mission Rent -A -Car, Inc. has serious doubts as to the constitutionality and the legality of the assessment of the city permit fee of 1% levied under the terms of Section 2D of such franchise ordinance, since the city has required that we accept such franchise if we desire to remain in business and operate within the city limits, Mission Rent -A -Car, Inc, hereby accepts such franchise in accordance with the requirements thereof. We desire to point out that this acceptance is only given in order that we may preserve the property and protect the business interests of our company. rely, C WOO ABUEY & NESBITT Cecil E. Burney CEB :pjw �7'1r%�