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.
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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
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