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Home My WebLink About03843 ORD - 08/18/1954h IMS:AC:7 /21/54 AN ORDINANCE GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS, FOR THE PUR- POSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PRO- VIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE WITH THE CHARTER OF THE CITY, SECURING EFFICIENCY OF SERVICE AND REASONABLE RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE RIGHT AND PRIVILEGES HEREBY GRANTED TO THE NUECES TRANSPORTATION COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED GRANTEES FOR THE PERIOD OF FIVE (5) YEARS FROM THE DATE OF THIS CONTRACT TO OPERATE OMNIBUSES, AS SAME ARE HEREINAFTER DEFINED, ALONG AND OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI UNDER AND SUB- JECT TO THE TERMS, STIPULATIONS AND RESTRICTIONS HEREINAFTER SET OUT. SECTION 2. FROM AND AFTER THE DATE OF THE GRANTING OF THIS FRAN- CHISE FOR THE OPERATION OF SUCH OMNIBUSES OVER AND UPON THE STREETS OF THE CITY OF CORPUS CHRISTI UNDER THE TERMS OF THIS FRANCHISE, THE OWNERS THEREOF SHALL PAY ANNUALLY TO SAID CITY OF CORPUS CHRISTI SUCH STREET RENTAL FEES AND /OR PERMIT FEES NOT TO EXCEED TWO PERCENT (2,0) OF THE GROSS REVENUE DERIVED FROM THE OPERATION OR USE OF SAID OMNIBUSES, PAYABLE IN SUCH MANNER AND AT SUCH INTERVALS AS MAY NOW BE OR MAY HEREAFTER BE AUTHORIZED BY STATE LAW OR PROVIDED BY CITY ORDINANCE. SECTION 3. AN OMNIBUS UNDER THE TERMS OF THIS FRANCHISE IS HEREBY DEFINED TO BE A MOTOR DRIVEN VEHICLE USED FOR PASSENGER SERVICE FOR HIRE BE- TWEEN FIXED TERMINI OF SAID CITY OF CORPUS CHRISTI HAVING A SEATING CAPACITY OF NOT LESS THAN TWENTY (20) PASSENGERS. SECTION 11. THE OMNIBUSES OPERATED UNDER THE TERMS OF THIS FRAN- CHISE SHALL BE OF MODERN CONSTRUCTION AND SHALL COMPLY WITH ALL ORDINANCES AND LAWS REGULATING MOTOR VEHICLES IN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS, IT BEING HEREBY SPECIALLY PROVIDED THAT THE GRANTEE OR ANY OTHER OWNER OF THIS FRANCHISE SHALL NOT OPERATE WHAT IS COMMONLY IMS :ELG 7/LQ/54 KNOWN AS "JITNEYS" OR "JITNEY BUSSES" UNDER THE TERMS HEREOF. SECTION V. THE GRANTEE SHALL OPERATE SAID OMNIBUSES BETWEEN FIXED TERMINI TO BE PUBLISHED OR DESIGNATED BY THEME AND SHALL OPERATE SAID OMNIBUSES ON A FIXED SCHEDULE, A CORRECT COPY OF WHICH SHALL BE FILED WITH THE DIRECTOR OF PUBLIC UTILITIES UPON THE ACCEPTANCE OF THIS FRANCHISE, AND WHENEVER SUCH SCHEDULES AND ROUTES UPON WHICH THE GRANTEE DESIRES TO OPERATE SUCH OMNIBUSES ARE CHANGED OR OTHER ROUTES DESIG- NATED� THEY SHALL FILE A STATEMENT OF SUCH ROUTES DESIGNATING THE TER- MINI AND THE SCHEDULE WITH THE DIRECTOR OF PUBLIC UTILITIES AT LEAST TWENTY FOUR HOURS PRIOR TO BECOMING EFFECTIVE. BUSSES HAVING A BEGIN- NING OR ENDING TERMINUS WITHIN THE CITY OR PASSING THROUGH ANY PART OF THE CITY BY SPECIAL CHARTER NEED NOT HAVE THE ROUTE OR TIME SCHEDULE FILED. SECTION VI. THE GRANTEE OR HIS ASSIGNS SHALL COMPLY WITH ALL TRAFFIC REGULATIONS AND ORDINANCES AND ALL OTHER ORDINANCES AND REGULA- TIONS NOW IN FORCE IN THE CITY OF CORPUS CHRISTI OR WHICH MAY BE HEREIN- AFTER PASSED AND:.ENFORCED IN 50 FAR AS APPLICABLE. SECTION VII. THE FARE CHARGED FOR EACH CONTINUOUS PASSAGE FROM TERMINUS TO TERMINUS WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS SHALL BE REGULATED BY THE CITY COUNCIL, PROVIDED, HOWEVER THAT WHERE SAID OMNIBUSES ARE OPERATED BEYOND THE CITY LIMITS AN ADDITIONAL CHARGE MAY BE MADE BY GRANTEE FOR THE PORTION OF THE TRIP BEYOND THE CITY LIMITS. SECTION V III. AT THE TERMINATION OF SUCH FIVE (5) YEARS, THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT. SECTION IX. ANY INFRACTION HEREOF BY THE GRANTEES SHALL CAUSE FORFEITURE OF THIS GRANT WHEN CONTINUED AFTER A HEARING BEFORE THE CITY COUNCILS OR REPEATED AFTER WRITTEN NOTICE. SECTION X. IF ANY PARTS OF THIS ORDINANCE SHALL BE HELD IN- VALID NO VALID PARTS THEREOF SHALL BE EFFECTED THEREBY. THIS ORDINANCE SHALL BE BINDING ONLY OPON THE ACCEPTANCE THEREOF IN WRITING BY THE NUECES TRANSPORTATION COMPANY WITHIN THIRTY (30) DAYS AFTER THE FINAL PASSAGE THEREOF. GRANTEES AS HEREIN USED SHALL BE CONSTRUED AS SINGULAR OR PLURAL ACCORDING -2- 1MS:elg 7/19/54 to whether one or more than one person at the particular time may be the owner of this grant, whether it be Nueces- Transportation Company, its successors, or assigns, assignment being permitted to any assignee approved by the City Council, SECTION XI. Subject to the approval of the Traffic Engineer of the City the grantee may designate such bus stops as it may desire, and shall have the right to equip the same with markers of the type and size approved by the City. At all designated stops of the grantee the City shall set aside such space or zone as in the judgment of the City Traffic Engineer will be adequate and in which other vehicles shall not be permitted to interfere with the bus operation, to the end that the safety, convenience, and welfare of the patrons and public may be safe- guarded. SECTION XII. Grantee shall keep its equipment in safe condition, and shall operate its buses only with drivers properly licensed under the provisions of.the laws of the State of Texas and who have com- pleted a minimum training period as prescribed by the grantee. SECTION XIII. All buses except those operated by special charter shall be run on schedule and on the route established by the grantee as herein above provided, and the grantee shall maintain regular motor bus transportation services according to the posted and published schedule and routes adequate to meet the needs of the public as determined by the City Council after public hearing. In the event of interference with or obstruction to the transportation services by reason of physical conditions of streets, alleys, or thoroughfares, the nearest available and conveniently operative alternate route should be used, and then only until such interference and obstruction shall have been removed or obviated. SECTION XIV. Grantee agrees to pay all ad valorem taxes, and all assessments, and charges owed to the City by virtue of this franchise or any other ordinance of the City or any legal tax assessment prior to becoming delinquent. -3- IMS:ELG 7/19/54 SECTION XV. UPON THE ANNEXATION OF ANY TERRITORY TO THE CITY THE PORTION OF ANY SAID SUCH TERRITORY SHALL THEREAFTER BE SUBJECT TO ALL THE TERMS OF THIS FRANCHISE AS THOUGH IT WERE AN EXTENSION MADE HERE UNDER. - SECTION XVI. THE COMPANY SHALL AT ALL TIMES DURING THE TERM HEREOF, COMPLY WITH PROVISIONS OF THE CHARTER ANDIORDINANCES OF THE CITY OF CORPUS CHRISTI7 TEXAS SO FAR AS THEY MAY PROVIDE ACCORDING TO THEIR PROVISIONS NOW IN FORCE OR AS HEREINAFTER ENACTEDp FOR THE KEEPING OF BOOKS, AND RECORDS REPORTS STOCKY AND 5ECURITIES ISSUED? AND THE CARRYING OF INSURANCE OR SECURITY BONDS. AT THE TIME OF PAYMENT OF THE ANNUAL OF THE GROSS REVENUE TAX PROVIDED HEREIN THE GRANTEE SHALL FUR- NISH STATEMENTS IN SUFFICIENT DETAIL TO SHOW THE GROSS REVENUE DISPURSE- MENTS OF THE GRANTEE. IN DETERMINING WHAT SHOULD BE A REASONABLE RATE OF FARE THE CITY SHOULD HAVE THE RIGHT TO INSPECT THE BOOK5 OF THE COMPANY. SECTION MI. THIS GRANT SHALL NOT BE CONSTRUED TO BEAN EX- CLUSIVE GRANT AND FRANCHISE OF THE CARRYING OF PASSENGERS FOR HIRES BUT THE CITY WILL EXERCISE ITS POWER IN ACCORDANCE WITH THE CITY CHARTER TO ORIGINALLY PROTECT THE GRANTEE AGAINST COMPETITION OF OTHER MOTOR BUS LINES; JITNEY OPERATION, OR TAXI -CABS OPERATION OTHERWISE THAN IN ACCORD- ANCE WITH THE REQUIREMENTS OF THE TAXI -CAB ORDINANCES WHICH WOULD TEND TO MATERIALLY INTERFERE WITH THE PROFITABLE AND ECONOMICAL OPERATION OF THE TRAM5PORTATION SYSTEM PROVIDED FOR HEREIN 50 LONG A$ SAID GRANTEE MAIN- TAINS ADEQUATE SERVICE. SECTION XVI11. EACH SECTION OF THIS ORDINANCE AND EACH PART OF EACH SECTION HEREOF IS HEREBY DECLARED TO BE AN INDEPENDANT SECTION OR PART OF SECTION, AND IF THE WHOLE OFAINY SECTION OR A PART THEREOF WOULD BE UNCONSTITUTIONAL, VOID, ILLEGALS INEFFECTIVE OR CONTRARY TO THE PRO- VISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI TEXAS OR ANY AMENDMENTS THERETO OR INVALID FOR ANY REASONp SHALL NOT AFECT ANY OTHER SECTION OR PART OF SECTION OF THIS ORDINANCE. -4- IMS;ELG I/1-1/54 ., THAT THE FOREGOING ORDINANCE WAS READ FOR TjlE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE C' /./n�Q� AY OF .,. 1-954, BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE j F. P. PETERSON, JR. THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE _DAY OF 1-954. BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. THAT THE FOREGOING ORDINANC;WS EAD FOR THE THIRD TIME AND PASSED FINALLY ON THES THE DAY OFJ LV54, BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. GIAISMITH W. JAMES BRACE F. P. PETERSON, JR. ATTEST - V r �p CITY SECRETARY, I A APPROVED AS .TO„LEGAL FORM: ITY ATT YOR THE CITY OF CORPUS CHRISTI, TEXAS -5- �43