Loading...
HomeMy WebLinkAbout04605 ORD - 08/08/1956AN ORDINANCE GRANTING TO MISSION RENT -A -CAR, INC.. 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 CITY OF CORPUS CHRISTI; PRO - VIDING, WITH CERTAIN EXCLUSIONS, FOR THE PAYMENT OF �100.00 PER MONTH FOR FIVE (5) YEAR .LEASE OF SPACE AT THE MUNICIPAL AIRPORT, OR FIVE PERCENT (5) OF THE GROSS RECEIPTS IF SUCH PERCENTAGE EXCEEDS $100.00 PER MONTH OR FIVE PERCENT (5,,) OF GROSS RECEIPTS AND FOR THE PAYMENT OF ANY FURTHER CHARGES, RENTAL FEES, OR OTHER FEES WHICH MAY SUBSEQUENTLY BE LEGALLY I111POSED UPON SUCH BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS 15 TO DE 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. 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, IHERE 15 HEREBY GRANTED TO MISSION RENT- A.CAR, INC., FOR THE PERIOD OF FIVE (5) YEARS FROM THE PASSAGE OF TH15 ORDINANCE THE RIGHT AND PRIVILEGE OF ENGAGING IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS FOR THE PURPOSE OF OPERATING "DRIVERLESS AUTOMOBILES"OIV AND OVER THE STREETS OF THE CITY OF CORPUS CHRISTI. SECTION 2. THE RIGHTS AND PRIVILEGES GRANTED HEREIN MAY BE EXER- CISED 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 5UBSEQUE14TLY 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. VEHICLES OPERATED BY HIM IN SAID BUSINE55 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 CORPUS CHRISTI. q (Da� 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 ENACTED 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 PERMITS 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 AND LICENSES ISSUED THEREUNDER. (2) IN CONSIDERATION FOR THE GRANTING OF THIS FRAN- CHISE BY THE CITY OF CORPUS CHRISTI, THE GRANTEE SHALL PAY TO THE CITY $100.00 PER MONTH OR FIVE PER CENT (5 %) OF 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 EXIST- ING AIRPORT TERMINAL BUILDING OR ANY AIRPORT TERMINAE'SUILD- ING, AND DESIGNATED PARKING SPACES SUFFICIENT TO ACCOMODATE 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, GROSS RECEIPTS OF GRANTEE FROM -2- I HS* AP:8 /8/56 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 PERCENT (5,,) TO THE CITY. GRANTEE'S OPERATION OF A "DRIVERLESS AUTOMOBILE'; BUSI- NESS IN THE CITY OF CORPUS CHRISTI SHALL BE DEEMED AN ACCEPTANCE OF ANY AND ALL OF THE CONTRACTUAL OBLIGATIONS CONTAINED IN THIS FRAN- CHISE. THE ACCEPTANCE OF TH15 FRANCHISE SHALL BE DEEMED A LEASE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE GRANTEE FOR SAID AIRPORT TERMINAL SPACE AT THE RENTAL ABOVE PROVIDED FOR THE PERIOD OF FIVE (5) YEARS FROM THE DATE OF SAID ACCEPTANCES AND SUCH SPACE SHALL BE CONSIDERED AS BEING UNDER LEASE BY THE GRANTEE FOR THE SAID TERM OF FIVE YEARS AND THE SAID GRANTEE SHALLp BY SUCH ACCEPTANCE, BE LIABLE FOR THE RENT AT SAID MINIMUM RATE OF ONE HUNDRED DOLLARS ($100.00) PER MONTH FOR SAID ENTIRE PERIOD. THE USE OF SUCH SPACE SHALL DESUBJECT TO REGULATION BY THE CITY OF CORPUS CHRISTI OR ITS OFFICERS AND EMPLOYEES, AS MAY BE PROVIDED FOR OTHER TENANTS MAKING SIMILAR USES OF SPACE IN THE AIRPORT TERMINAL BUILDINGS INCLUDING THE RIGHT OF THE CITY TO LIMIT USE OF SIGNS, FURNITURE AND FIXTURE DESIGNS, AND USE OF EQUIPMENT, SUCH AS LOUD SPEAKERS AND LIGHT FIXTURES. IT IS ALSO UNDERSTOOD THAT IN THE EVENT A NEW TERMINAL BUILDING IS CONSTRUCTED BY THE CITY THAT SAID MINIMUM MONTHLY RENTAL CHARGE SHALL BE ADJUSTED TO THE COMPARABLE MINIMUM RENTAL CHARGE FOR SIMILAR USE OF SIMILAR SPACE. (3) NOT LATER THAN THE 10TH 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 DE PRESCRIBED BY THE CONTROLLER OF SUCH CITY AND CONTAININGy AMONG OTHER THINGS A LIST SHOWING THE NUMBER OF VEHICLES, TOGETHER WITH THE MAKES MODEL, M070R 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 DETER- MINING THE AMOUNT DUE THE CITY FOR PERMIT FEES AND FOR THE USE OF SPACE AT THE CLIFF MAUS AIRPORT, AS WELL AS FOR DETERMINING 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 HAUB 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 REGULAT114G THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE BUSINESS ON 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; PROVIDED -3- HOWEVER, UPON THE CITY'S GIVING NOTICE TO GRANTEE THAT IT CONSIDERS THE FRANCHISE TO BE FORFEITED SETTING FORTH GENERALLY THE REASONS THEREFORE 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 r"RANCHISE AFTER WHICH TIME GRANTEE MUST CEASE TO DO BUSINESS IF NOT REINSTATED BY THE COUNCIL. SECTION 4. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER ITS PASSAGE ON THIRD READING THEREOF AND PUBLICATION THEREOF AS REQUIRED 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 PROVIDED ON THE PART OF GRANTEE. MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO PASSED AND APPROVED, THIS THE DAY OF ATTES� CITY SECR AR APPROVED AS M LEGAL FORM; CITY AT T'ORNEY 1955. THE CITY OF CORPUS CHRISTI, TEXAS q � 05 THAT THE FOREGOING ORDINANCE WAS READ FOR E FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE D AY OF , 1955, BY THE FOLLOWING VOTE: FARRELL D. SMITH - MINOR CUI,L l W. J. ROBERTS B. E. SIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINA/N� WAS READ FOR SECOND -'TIME AND PASSED /CJE TO ITS THIRD READING ON THIS tHE iI& - DAY pF ""- 19%, BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANC WAS READ FOR THE TH RD TIME AND PASSED G FINALLY ON THIS THE DAY OF 195NN THE FOLLOWING VOTE: FARRELL D. SMITH G,I �BY MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO PASSED AND APPROVED, THIS THE DAY OF ATTES� CITY SECR AR APPROVED AS M LEGAL FORM; CITY AT T'ORNEY 1955. THE CITY OF CORPUS CHRISTI, TEXAS q � 05 Dial 4.9433 1 G��G OI V A� J RENT -A -CAR, Ines. PHIL RIDGEWAY, Manager OfRee in; 510 North Water Street San Antonio, Texas September 20, 1956 Harlingen, Texas Se p Corpus Christi, Texas City Secretary City of Corpus Christi City Hall Corpus Christi, Texas Dear Sir; In accordance with the provisions of that certain franchise dated August 8, 1956, whereby the City of Corpus Christi granted to Mission Rent -A -Car, Inc. the right and franchise to operate driver- less automobiles within the city limits, this letter will constitute our acceptance of such franchise effective this date. By the acceptance of this franchise we do relinquish and surrender our original franchise dated June 9, 1954. Sincerely, MISSION RENT -A -CAR, INC. B y; President AIRPORT OFFICE, CLIFF MAUS FIELD ... CUDDIHY FIELD