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HomeMy WebLinkAbout04383 ORD - 11/09/1955AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY, A TEXAS CORPORATION, A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" SINESS FOR THE OPERATION OF "DRIVERLESS AU'fOMO- �' BILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHFIISTI: PROVIDING, WITH CERTAIN EXCLUSIONS, F08 THE PAYMENT OF $100.DO PER MONTH OR FIVE PER' CENT OF THE G!2OSS RECEIPTS IF SUCH PERCENTAGE EXCEEDS ;100.00 PER MONTH OR FIVE PER CENT OF GROSS RECEIPTS AND FOR THE PAYMENT 0 NY FURTHER CHARGES, RENTAL FEES, OR OTHER FEES KHVCH MAY SUBSEQUENTLY BE LEGALLY IMPOSED UPON ASlCH BUSINESS: AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED AND a PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND OF REINSTATING SAME, AND CANCELLING L. C. McCLAUGHERTY'S 1 FRANCHISE BY GRANTEE, AND PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY THE GRANTEE TO THE CITY SECRETARY. U 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 THE CORPUS CHRISTI TRANSPORTATION COMPANY 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" BUSINESS FOR THE PURPOSE OF OPER- ATING 'DRIVERLESS AUTOMOBILE" ON AND OVER THE STREETS OF THE CITY OF CORPUS CHRISTI. SECTION Z. THE RIGHTS A<D PRIVILEGES GRANTED HEREIN MAY BE EXERCISED ONLY IF GRANTEE COMPLIES WI7I4 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 NO�q IN EXISTENCE OR WHICH MAY SUBSEQUENTLY BE PASSED REGULA- TING THE BUSINESS OF OPERATING A 'DRIVERLESS AUTOMOBILE'S BUSINE55 AND REGULATING THE OPERATION OF THE VEHICLES USED IN SAID BUSINESS. B. THAT GRANTEE SHALL OWN ALL VEHICLES OPERATED BY HIM IN SAID BUSINESS AND THAT SAID GRANTEE SHALL HOLD LEGAL TITLE TO SAID VEHICLES IN H15 NAME, AND UPON DEMAND THEREFORE SHALL EXHIBIT CERTIFICATES OF TITLE OF ALL VEHICLES TO ANY AUTHORIZEC- R"RESENTATIVE OF THE CITY OF CORPUS CHRISTI. 3 Fr3 C. THAT THE GRANTEE SHALL REPORT AND PAY WHEN DUE AND BEFORE BECOMING DELINQUENT ANY CHARGES, RENTALS, STREET RENTAL FEES OR OBLIGATIONS, CONTRACTUAL OR OTHERWISE, WHICH THE CITY MAY NOW OR SUBSEQUENTLY BE AUTHORIZED BY THE LEGISLATURE OF THE STATE OF TEXAS TO IMPOSE AND COLLECT OR WHICH ARE NOW, OR MAY BE, IMPOSED BY ANY VALID ORDINANCE DULY AND LEGALLY EN- ACTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE FAILURE TO DISCHARGE THESE OBLIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PEP.MITS AND LICENSES ISSUED THEREUNDER. D. (1) THAT THE GRANTEE SHALL RENDER, IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE STATE LAWS GOVERNING THE RENDITION OF PROPERTY, AND PAY TO THE CITY BEFORE SAME SHALL BECOME DELINQUENT ALL AD VALOREM TAXES AGAINST EACH VEHICLE AND ALL PERSONAL PROPERTY USED IN THE CONDUCT OF GRANTEE'S "DRIVERLESS AUTOMOBILE" BUSINESS, AND FAILURE TO DIS- CHARGE THESE OBLIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS (Z) IN CONSIDERATION FOR THE GRANTING OF THIS FRAN- CHISE BY THE CITY OF CORPUS CHRISTI, THE GRANTEE SHALL PAY TO THE CITY '000.0O PER MONTH OR FIVE PER CENT (5 %) eO�F HIS GROSS RECEIPTS PER MONTH IF SUCH PERCENTAGE EXCEEDS $100.00 PER MONTH, PAYABLE ON THE 10TH DAY OF EACH MONTH FOR THE USE OF ADEQUATE OFFICE AND DESK SPACE WITHIN EITHER THE EXISTING AIRPORT TERMINAL BUILDING OR ANY AIRPORT TERMI- NAL BUILDING, AND DESIGNATED PARKING SPACES SUFFICIENT TO ACCOMODATE AT LEAST TWO (P) CARS NEAR SUCH TERMINAL BUILDING AT CLIFF MAUS AIRPORT, OR ANY OTHER AIRPORT OPERATED BY THE CITY OF CORPUS CHRISTI AND USED BY —2- COMMERCIAL AIR LINES, AND FOR THIS FRANCHISE; HOW - EVERT GROSS RECEIPTS OF GRANTEE FROM AUTOMOBILES LEASED FROM GRANTEE ON A YEARLY RENTAL BASIS AS TO EACH INDIVIDUAL AUTOMOBILE SO RENTED SHALL NOT BE INCLUDED IN THE GROSS RECEIPTS UPON WHICH GRANTEE MUST PAY FIVE PER CENT (5w) TO THE CITY. GRANTEE'S OPERATION OF A T'DR IVERLESS AUTOMOBILE" BUSINESS IN THE CITY OF CORPUS CHRISTI SHALL BE DEEMED AN ACCEPT- ANCE OF ANY AND ALL OF THE CONTRACTUAL OBLIGATIONS CONTAINED IN THIS FRANCHISE. (3) NOT LATER THAN THE LOTH DAY OF EACH MONTH A MONTHLY REPORT OF THE GROSS RECEIPTS OF SUCH "DRIVERLESS AUTOMOBILE" BUSINESS SHALL BE SUBMITTED TO THE ASSESSOR AND COLLECTOR OF TAXES OF THE CITY OF CORPUS CHRISTI, ON A FORM TO BE PRESCRIBED BY THE CONTROLLER OF SUCH CITY AND CONTAINING, AMONG OTHER THINGSp A LIST SHOWING THE NUMBER OF VEHICLES2 TOGETHER WITH THE MAKE, MODEL, MOTOR AND LICENSE NUMBER OF EACH VEHICLE OWNED AND OPERATED BY GRANTEE, AND THE CITY SHALL HAVE THE RIGHT UPON DEMAND THEREFOR TO INSPECT THE BOOKS AND RECORDS OF THE GRANTEE AT ANY TIME UPON REASONABLE NOTICE FOR THE PURPOSE OF DETERMINING THE AMOUNT DUE THE CITY FOR PERMIT FEES AND FOR THE USE OF SPACE AT THE CLIFF MAUS AIRPORT, AS WELL AS FOR DE- TERMINING THE NUMBER AND VALUE OF THE VEHICLES AND OTHER PROPERTY SUBJECT TO AD VALOREM TAXES USED BY GRANTEE IN CONNECTION WITH HIS "DRIVERLESS AUTOMOBILE" BUSINESS. THE FOREGOING MONTHLY REPORT SHALL BE ACCOMPANIED BY A CHECK MADE IN THE AMOUNT NECESSARY TO COVER ALL CHARGES MADE IN CONNECTION WITH THE USE OF SPACE AT THE CLIFF MAUS AIRPORT AND CITY PERMIT FEESy IF ANY. SECTION 3. ANY INFRACTION OF THE TERMS OF THIS FRANCHISE OR ANY ORDINANCE OF THE CITY OF CORPUS CHRISTI REGULATING THE BUSINESS �3- OF OPERATING A "DRIVERLE55 AUTOMOBILE" BUSINESS OR THE OPERATION OF SAID VEHICLES USED IN SUCH BUSINESS SHALL BE DEEMED A FORFEITURE OF THIS FRANCHISE IRRESPECTIVE OF ANY NOTICE OR ACTION BY THE CITY COUNv Lj PROVIDED, HOWEVER, UPON THE CITY'S GIVING NOTICE TO GRANTEE THAT IT CONSIDERS THE FRANCHISE TO BE FORFEITED, SETTING FORTH GENERALLY THE REASONS THEREFOR, GRANTEE SHALL HAVE TEN (10) DAYS WITHIN WHICH TOICORRECT OR REMEDY SUCH DEFAULT OR DEFAULTS AND TO APPEAL TO THE CITY COUNCIL TO WAIVE SUCH DEFAULT OR DEFAULTS AND REINSTATE GRANTEE'S FRANCHISE AFTER WHICH TIME GRANTEE MUST CEASE TO DO BU51NE55 IF NOT REINSTATED BY THE COUNCIL. SECTION 4. THIS FRANCHISE IS GRANTED IN LIEU OF THAT CERTAIN FRANCHISE FINALLY APPROVED BY THE COUNCIL OF THE CITY OF CORPUS CHRISTI, ON 6TH DAY OF MAY, 1952, TO L. C. MCCLAUGHERTY FOR A TERM OF FIVE (5) YEARS, AND UPON THE FINAL PASSAGE AND ACCEPTANCE OF THIS FRANCHISE BY THE GRANTEE, THE L. C. MCCLAUGHERTY FRANCHI5E SHALL BE CONSIDERED, AND HEREBY IS, IN ALL THINGS REVOKED AND OF NO FURTHER FORCE AND EFFECT. SECTION 5. 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. SECTION 6. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE 3 DAY OF AUGUST, 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE IO DAY OF 91_,1955 tf _1}_ 4-2)?3 i .. I. BY. THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE { DAY OF 7Z 1955, BY THE FOLLOWING VOTE: T FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER NANUEL P. MALDONADO 1955- PASSED AND APPROVED, THIS THE - OF &dy1 MAYOR THE CITY OF CORPUS CHRISTIJEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: _, 1555 CITY ATTO NEY