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Home My WebLink About04436 ORD - 01/04/1956AN ORDINANCE GRANTING TO(JIM SPARKS) A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A 'DRIVERLESS AUTOMOBILE" BUSINESS FOR THE OPERATION OF "DRIVERLESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CIT`! OF CORPUS CHRISTI: PROVIDING, WITH CER- TAIN EXCLUSIONS, FOR THE PAYMENT OF +100.00 PER MONTH OR FIVE PER CENT OF THE GRO55 RECEIPTS IF SUCH PER- CENTAGE EXCEEDS $100.00 PER MONTH Oi FIVE PER CENT OF GROSS RECEIPTS AND FOR THE PAYMENT OF ANY FURTHER CHARGES, RENTAL FEES, OR OTHER FEES WHICH MAY SUB - SEQUENTLY BE LEGALLY IMPOSED UPON SUCH BUSINESS: AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID • BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND THE METHOD OF REINSTATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY THE GRANTEE TO THE CITY SECRETARY, AND GIVIIIG GRANTEE THE RIGHT TO TRANSFER FRANCHISE TO A CORPORATION TO BE FORMED BY GRANTEE. 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 eIM SPARKS 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 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 REGU- LATING THE BUSINESS OF OPERATING#.A "DRIVERLESS AUTOMOBILE" BUSINESS AND REGULATING THE OPERATION OF THE VEHICLES USED IN SAID BUSINESS. B. THAT GRANTEE SHALL OWN ALL BEHICLES OPERATED BY HIM IN SAID BUSINESS AND THAT SAID GRANTEE SHALL HOLD LEGAL TITLE TO SAID VEHICLES IN HIS NAME, AND UPON DEMAND THEREFOR SHALL EXHIBIT CERTIFICATES OF TITLE OF ALL VEHICLES TO ANY AUTHORIZED REPRESENTATIVE OF THE CITY _ OF CORPU5 CHRISTI. + 4q3� 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 NOWT OR MAY BE7 IMPOSED BY ANY VALID ORDINANCE DULY AND LEGALLY ENACTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS, AND THE FAILURE TO DISCHARGE THESE OBLIGATIONS OR ANY ONE OF THEME SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. D. (1) THAT THE GRANTEE SHALL RENDERS 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 THEMy SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. (2) IN CONSIDERATION FOR THE GRANTING OF THIS FRANCHISE BY THE CITY OF CORPUS CHRISTI THE GRANTEE SHALL PAY TO THE CITY $100.00 PER MONTH OR FIVE PER CENT (lib) OF HIS GROSS RECEIPTS PER MONTH IF SUCH PERCENTAGE EXCEEDS V00 -00 PER MONTH PAYABLE ON THE LOTH 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 ACCOMMODATE AT LEAST TWO (2) CARS NEAR SUCH TERMINAL BUILDING AT CLIFF MAUS AIRPORT, OR ANY OTHER AIRPORT OPERATED BY THE CITY OF CORPUS CHRISTI AND USED BY COMMERCIAL AIR LINES, AND FOR THIS FRANCHISE; HOWEVER, -2- GROSS RECEIPTS OF GRANTEE FROM AUTOMOBILES LEASED FROM GRANTEE ON A YEARLY RENTAL BASIS AS TO EACH INDIVIDUAL AUTOMOBILE SO RENTED SHALL NOT BE IN- CLUDED IN THE GROSS RECEIPTS UPON WHICH GRANTEE MUST PAY FIVE PER CENT (5 %) TO THE CITY. GRANTEES OPERA- TION OF A "DRIVERLESS AUTOMOBILE" BUSINESS IN THE CITY OF CORPUS CHRISTI SHALL BE DEEMED AN ACCEPTANCE 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 "DRIVER- LESS AUTOMOBILE" BUSINESS SHALL BE SUBMITTED TO THE ASSESSOR AND COLLECTOR OF TAXES OF THE CITY OF CORPUS CHRISTI7 ON A FORM TO BE PRESCRIBED BY THE CONTROLLER OF SUCH CITY AND CONTAINING, AMONG OTHER THINGS A LIST SHOWING THE NUMBER OF VEHICLES, 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 RE- CORDS 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 FUR DETERMINING THE NUMBER AND VALVE 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 CONN- ECTION WITH THE USE OF SPACE AT THE CLIFF MAUS AIRPORT AND CITY PERMIT FEES, IF ANY. SECTION 3. ANY INFRACTION OF THE TERMS OF THIS FRANCHISE OR ANY ORDINANCE OF THE CITY OF CORPUS CHRISTI REGULATING THE -3- BUSINESS OF OPERATING A "DRIVERLESS 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 COUNCIL; PROVIDEDy HOWEVER2 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 TO CORRECT OR REMEDY SUCH DEFAULT OR DEFAULTS AND TO APPEAL TO THE CITY COUNCIL TO WAIVE SUCH DEFAULT OR DEFAULTS AND REINSTATE GRANTEES FRANCHISE AFTER WHICH TIME GRANTEE MUST CEASE TO DO BUSINESS IF NOT REINSTATED BY THE COUNCIL. SECTION 4. GRANTEE HEREIN PROPOSES TO FORM A CORPORATION FOR THE PURPOSE1 AMONG OTHERS TO OPERATE A "DRIVERLESS AUTOMOBILE" BUSINESS AND OF WHICH HE WILL BE A PRINCIPAL STOCKHOLDERS AND THE CITY COUNCIL AGREES THAT THIS FRANCHISE MAY BE TRANSFERRED TO SUCH CORPORATIONS UPON APPROVAL OF THE COUNCIL EXPRESSED BY ORDINANCE. SECTION 5. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER ITS PASSAGE ON THIRD READING THEREOF AND PUBLICATION THEREOF AS RE- QUIRED BY CHARTER AND PROVIDED GRANTEE DELIVERS WRITTEN ACCEPTANCE THEREOF IN THE OFFICE OF THE CITY SECRETARY WHICH ACCEPTANCE SHALL BE CONSTRUED AS A CONTRACT TO PERFORM THE OBLIGATIONS HEREIN PRO- VIDED ON THE PART OF GRANTEE. SECTION G. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF NOVEMBER, 19551 BY THE FOLLOWING VOTE: FARREL 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 / DAY OF Wp{/� f 1955, BY THE FOLLOWING VOTE: -4- FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. B I G L E R MANUEL P. MALDONADO THAT THE THE FOREGOING ORTDA CE WAS READ FO THE THIRD TIME AND PASSED FINALLY ON THIS THE Y OF , 195, BY THE FOLLOWING VOTE: FARREL L D. SMITH MINOR CULLI W. J. ROBERTS �o B. E. BIGLER MANUEL P. MALDONADO PASSED AND APPROVED, THIS THE _4DAY OF 1554 , C� MAY THE CITY OF CORPUS CHRISTI, TEXAS A T/ CITY SE R ARY PPROVED AS TO LEGAL F4M: 955 k. Y ATT RNEY 4431(e BOONS, DAVIS, COX & HALE ATTORNEYS AND COUNSELORS WIL50N TOWER CORPUS CHRISTI,TE %AS January 6, 1955 Hon. Farrell Dee Smith, Mayor City Commissioners City Secretary Corpus Christi, Texas Gentlemen: As attorney for and on behalf of Jim Sparks, who was granted, by Ordinance No. 4436, approved the 4th day of January, 1956, a FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A NDRIVERLESS AUTOMOBILE" BUSINESS, I am writing to you accepting said franchise for Jim Sparks, in accord- ance with SECTION 5 of the said franchise. Very truly yours, 32 Owen D. Cox cc: Mr. Jim Sparks cc: Coastal Bend Rent -A -Car, Inc.