HomeMy WebLinkAbout05089 ORD - 07/02/1958fi PART 2: This declarations page, with "-Policy Provisions - Part I ",
Automobile Form 1214 completes the below Numbered
AUTOMOBILE LIABILITY and PHYSICAL DAMAGE POLICY
Y
Item
DECLARATIONS DUPLICATE NO. 2- •2119
Named Insured and Address . Corpus Christi Sightseeing-Service,
. 921 Rosedale Inc,
No. - Street - Town or City - County - State • Corpus Christi, Nueces Co., Texas
PREMIUMS
201
I.
203
800
810
2.
a- Policy Period From Sept.22, 1958 to Sept.221 195c
12:01 A.M. Standard Time at the address of the named insured as stated herein.
TOT.
RENEWAL of
BRANCH OFFICE OR GENERAL AGENT
p
E
748
Sari ATStonio, Texas
NEW
BROKER OR SUB AGENT
0000
I SWANTNER 8t GORDON
b -The automobile will be principally garaged in the above town or city, county and state, unless otherwise stated herein:
c- Occupation of the named insured is Sightseeing Service
d -Any loss under coverages E, D, F, G and H is payable as interest may appear to the named insured and
(Nem1,`s�eennd Adddrdrrs.)1'{
��rL�y yp Y ��'�( "��yT
*COVERAGE DU 1LJIC �l �L E POJL IC Ul INTENDED ONLY AS A MEMORANDUM OF THE
AFFORDED BY THE ORIGINAL POLICY
3.
The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific
premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein,
subject to all the terms of this policy having reference thereto.
A
COVERAGES
MANUAL
CLASS
LIMITS OF LIABILITY
PREMIUMS
each each
$ 5 000 person $ 10 ,000 accident
$ 105.00
Bodily Injury Liability
C -I
Basic Medical Payments
$ each person
$
C -2
Extended Medical Payments
$ each insured
$
B
Property Damage Liability
$ 5 ,000 each accident
$ 22.50
E
Collision or Upset
Actual Cash Value less $
deductible
$
mseLa emouS124i.' C.hlV.lueh
NET RATES
—
—f
Comprehensive
$
F
F
Fire, Lightning, and Transportation
$
$
$
G
Theft (Broad Form)
$
$
$
H
Combined Additional Coverage
$
$
_
$
1
Towing and Labor Costs
$10.00 for each disablement
$
Form Numbers of and Premium for Endorsements
_
$
101D TOTAL PREMIUM
_
$ 727.50
4.
Description of the automobile and facts respecting its purchase by the named insured and terms of any encumbrance:
Year
of
Model
Trade Name
Model
Body Type, Truck size; Truck Laed
Capecotq T, s G'ell,nn*g, C, ,city;
g peci
I. Ides };pc,hon No.
M. Moor No.
s. Serial No.
No. of
Cylinders
1952
Packard
Fordor Sedan
S# 18192126
M# X222029
List Price
F.Z.B. or pelf ... d
Pnc. et Fs.o,y
Actual Cost
When Perch ased
Including qu,pment
Purchased
The Automobile is Unencumbered Unless Otherwise stated Herein:
Encumbrance
Installment Payments
Due pate and Amount
of Fmel Installment
Month, Yeer
Ne
Used.'
s d r
Number
Amount of Each
$
$
9 -58
U
$
I $
$
5.
The purposes for which the automobile is to be used are "pleasure and business" unless otherwise stated herein:
Commercial (indicated by X) ; Other purposes Sightseeing Bus
6.
IIf no automobile is described above, the total number of Private passenger automobiles owned on the effective date
of this policy by the named insured and by his spouse, if a resident of the same household, does not exceed one,
unless otherwise stated herein:
7.
Except with respect to bailment lease, conditional sale, purchase agreement, mortgage or other encumbrance, the
named insured is the sole owner of the automobile, unless otherwise stated herein:
8.
(During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded
hereunder, unless otherwise stated herein:
9 -22 -58 Pr Counfersigned by )eLVrLVrac ac li r'`(I,
Auto 1 135 Edition April I, 1955 p Authorized Representative
• � ®- EXCIsUSIONS �Y
does not apply:
k (a) ex—pt under coverage C -2, jvhfle the automobile is used as a public
'_'�or livery conveyance, unless such use is specifically declared and de-
scribed in this policy;
(b) under coverages A and B, to liability assumed by the insured under
any contract or agreement;
(c) under coverages A and B, while the automobile is used for the tow.
ing of any trailer owned or hired by the insured and not covered by like ,
insurance in the company; or while any trailer covered by this policy is
used with any automobile owned or hired by the insured and not covered
by like insurance in the company;
(d) under coverage A, to bodily injury to or sickness, disease or death
of any employee of the insured arising out of and in the course of (1)
domestic employment by the insured, if benefits therefor are in whole or
in part either payable or required to be provided under any workmen's
compensation law, or (2) other employment by the insured,
(e) under coverage A, to any obligation for which the insured or any
carrier as his insurer may be held liable under any workmen's compen.
sation, unemployment compensation or disability benefits law, or under
any similar law;
(f) under coverage B, to injury to or destruction of property owned or
transported by the insured, or property rented to or in charge of the
insured other than a residence or private garage injured or destroyed
by a private passenger automobile covered by this policy,
(g) under coverage C -1, to bodily injury to or sickness, disease or
death of any employee of the named insured or spouse arising out of and
in the course of (1) domestic employment by the named insured or spouse,
if benefits therefor are in whole or in part either payable or required to
be provided under any workmen's compensation law,or (2) other employ-
ment by the named insured or spouse;
(h) under coverages C -1 and C•2, to bodily injury to or sickness,
disease or death of any person who is an employee of an automobile sales
agency, repair shop, service station, storage garage or public parking
place, if the accident arises out of the operation thereof and if benefits
therefor are in whole or in part either payable or required to be provided
under any workmen's compensation law;
(i) under coverage -C -2, to bodily injury to or sickness
death of an insured sustained while In or upon or while e.
or alighting from an automobile owned by any insured;
(j) under coverage C -2, to bodily injury, sickness, disease or death to
which coverage C -1 applies;
(k) to injury, sickness, disease, death or loss due to wV, whether or
not declared, civil war, n urrection, rebellion or revolution, or to any
act or condition incident to any of the foregoing, (1) with respect to
expenses under Insuring Agreement II(b) (3) or under coverages C -1
and C -2 or (2) under coverages D, E, F, G, H and I;
(1) under coverages D, E, F, G, H and I, if,the automobile is or at any
time becomes subject to any bailment lease, conditional, sale, purchase
agreement, mortgage or other encumbrance not specifically declared
and described in this policy;
(m) under coverages D, E, F, G, H and I, to any damage to the automobile
which Is due and confined to wear and tear, freezing, mechanical or
electrical breakdown or failure, unless such damage is the result of
other loss covered by this policy;
(n) under coverages D, E, F, G, H and I, to robes, wearing apparel or
personal effects;
(o) under coverages D, E, F, G,H and I, to tires unless damaged by fire
or stolen or unless such loss be coincident with and from the same cause
as other loss covered by this policy;
(p) under coverages D and G, to loss due to conversion, embezzlement
or secretion by any person in possession of the automobile under a befl-
ment lease, conditional sale, purchase agreement, mortgage or other
encumbrance,
(q) under coverage E, to breakage of glass if insurance with respect to
such breakage is otherwise afforded,
(r) under coverages D, E, F, G, H and I, to loss due to confiscation by
duly constituted governmental or civil authority; .
(s) under coverages D, E, F, G, H and I, while the automobile is used in
any illicit trade or transportation.
CONDITIONS
The conditions 21 to 25 inclusive apply to all coverages.
1. Notice of Accident When an accident occurs written nonce
Coverages A, B, C -I and C -2 shall be given by or on 1?ehalf of the
insured to the company or any of its
authorized agents as soon as practicable. Such notice shall contain par*
ticulars sufficient to identify the insured and also reasonably obtainable
information respecting the time, place and circumstances of the accident,
the names and addresses of the injured and of available witnesses.
2. Notice of Claim or Suit If claim is made or suit is brought against
Coverages A and B the Insured, the insured shall immediately
forward to the company every demand,
notice, summons or other process received by him or his representative.
3. Limits of Liability The limit of bodily injury liability stated in the
Coverage A declarations as applicable to "each person' is
the limit of the company's liability for all dam-
ages, including damages for care and loss of services, arising out of bodily
Injury, sickness or disease, including death at any time resultingq there-
from, sustained by one person as the result of any one accident th limit
of such liability stated in the declarations as applicable to "each accident"
is, subject to the above provision respecting each person, the total limit
of the company's liability for all damages, including damages for care
and loss of services, arising out of bodily injury, sickness or disease, includ-
ing death at any hme resulting therefrom, sustained by two or more
persons as the result of any one accident.
4. Limit of Inability The limit of property damage liability stated in
Coverage B the declarations as applicable to'•each accident"
is the total limit of the company'a liability far
all damages arising out of injury to or destruction of all property o1 one
or more persons or organizations, Including the loss of use thereof, as
the result of any one accident.
5. Limits of Liability The limit of liability for medical payments
Coverages C -I and C.2 stated in the declarations as applicable to
"each person" or "each insured" is the
limit of the company's liability for all expenses incurred by or on behalf
of each person or insured who sustains bodily injury, sickness, disease or
death as the result of any one accident.
6. Saverability of Interests The term "the insured" is used severally
Coverages A and B and not collectively, but the inclusion
herein of more than one insured shall not
operate to increase the limits of the company s liability.
7. Action Against Company No action shall lie against the company
Coverages A and B unless, as a condition precedent thereto,
the insured shall have fully complied
with all the terms of this policy, nor until the amount of the insureds
obligation to pay shall have been finally determined either by judgment
against the insured after actual trial or by written agreement of the
insured, the claimant and the company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled
to recover under this policy to the extent of the insurance afforded by
this policy. Nothing contained in this policy shall give any person or
organuation any right to join the company as a co- defendant in any action
against the insured to daterrrune the msured's liability.
Bankruptcy or insolvency of the insured or of the insured's estate shall
not relieve the company of any of its obligations hereunder.
6. Action Against Company No action shall he against the company
Coverages C -1 and C -2 unless, as a condition precedent
thereto, there shall have been full cam•
pliance with all the terms of this policy, nor until thirty days after the
required proofs of claim have been filed with the company.
9. Financial Responsibility Laws When this policy is certified as
Coverages A and B proof of financial responsibility for
the future under the provisions of
the motor vehicle financial responsibility law of any state or province,
such insurance as is afforded by this policy for bodily injury liability or
for property damage liability shall comply with the provisions of such law
which shall he applicable with respect to any such liability arising out of
the ownership, maintenance or use of the automobile during the policy
period, to the extent of the coverage and limits of liability required by
such law, but in no event in excess of the limits of liability stated in this
policy- The insured agrees to reimburse the company for any payment
made by the company which it would not have been obligated to make
under the teens of this policy except for the agreement contained in this
paragraph.
10. Assault and Battery Assault and battery shall he deemed an acci-
Coverages A and B dent unless committed by or at the direction
of the insured.
11. Medical Reports; Proof and Payment of Claim As soon as prac-
Coverages C -1 and C -2 ticable the in-
jured person or
someone on Ins behalf shall give to the company written proof of claim,
under oath if required, and shall, after each request from the company,
execute authorization to enable the company to obtain medical reports
and copies of records. The injured person shall submit to physical
examination by physicians selected by the company when and as often
as the company may reasonably require.
The company may pay the injured person or =, person or organization
rendering the services and such payment shall reduce the amount payable
hereunder for such injury. Payment hereunder shall not constitute an ad-
mission of liability of any person or, except hereunder, of the company.
Page 4
12. Named Insured's Duties When Lass Occurs When loss occurs,
effecting settlements, securing and giving evidence, obtaining the attend.
Coverages D, E, F, G, H and I the named insured
ance of witnesses and in the conduct of suits. The insured shall not, except
shall:
at his own cost, voluntarily make any payment, assume any obligation or
(a) protect the automobile, whether or not the loss is covered by this
incur any expense other than for such immediate medical and surgical
policy, and any further loss due to the named insured's failure to
relief to others as shall be imperative at the time of accident.
protect shall not be recoverable under this policy; reasonable expense
incurred in affording such protection shall be deemed incurred at the
18. Subrogation In the event of any payment under
company's request;
Coverages A, B, D, E, F, G, H and I this policy, the company shall be
(b) give notice thereof as soon as practicable to the company or any of
aubrogated to all the insured's rights
of recovery therefor against any person or organization and the insured
its authorized agents and also, in the event of theft, larceny, robbery
shall execute and deliver instruments and papers and do whatever else
or pilferage, to the police but shall not, except at his own cost, offer
is necessary to secure such nghb. The insured shall do nothing after
or pay any reward for recovery of the automobile;
loss to .prejudice such rights.
(c) file proof of loss with the company within sixty *days after the occur-
19. Other Insurance If the insured has other insurance
rence of loss, unless such time is extended in writing by the company,
Coverages A, B, D, E, F, G, Handl against a loss covered by this policy
in the form of a sworn statement of the named insured setting forth
the company shall not be liable
the interest of the named insured and of all others in the property
under this policy for a greater proportion of such loss than the applicable
affected, any encumbrances thereon, the actual cash value thereof at
limit of liability stated in the declarations bears to the total applicable limit
time of loss, the amount, place, time and cause of such loss, the amount
of liability of all valid-and collectible insurance against such loss; provided,
of rental or other expense for which reimbursement is provided under
however, under coverages A and B the insurance with respect to tern
this policy, together with original receipts therefor, and the descrfp-
rary substitute automobiles under Insunng Agreement IV or other automa-
tion and amounts of all other insurance covering such property.
biles under Insuring Agreement V shall be excess insurance over any
Upon the company s request, the named insured shall exhibit the
other valid and collectible insurance.
damaged property to the company and submit to examinations under
oath anyone designated the company, subscribe the same and
20. Other Insurance Under coverage C -1, the insurance with
c ex
produce far the company s examination all records and sales
Coverages C -1 and C -2 respect to temporary substitute automobiles
t, permitting
invoices, or certified copies if originals be lost, copies thereof
under Insuring Agreement IV or other
automobiles under Insuring Agreement V shall be excess insurance over
i lac
to 11 made, all at such reasonable times and places as the company
shall designate.
any other valid and collectible automobile medical payments insurance.
Under coverage C -2, the insurance shall be excess over any other valid
13. Appraisal If the named insured and the company
and collectible automobile medical payments insurance available to an
CoveragesD, E,F, G, HandI fail to agree as to the amount of loss, each
insured under any other policy.
shall, on the written demand of either,
made within sixty days after receipt of proof of loss by the company,
21. Changes Notice to any agent or knowledge possessed by any agent
select a competent and disinterested appraiser, and the appraisal shall
or by any other person shall not effect a waiver or a
be made at a reasonable time and place. The appraisers shall first select
change in any part of this policy or estop the company from asserting
a competent and disinterested umpire, and failing for fifteen days to agree
any right under the terms o this policy; nor shall the terms of this policy
Ix
upon such umpire, then, on the request of the named insured or the com-
waived or changed, except by endorsement issued to form a part of
pany, such umpire shall be selected by a judge of a court of record in the
this policy, signed by an authorized representative of the company.
county and state in which such appraisal is pending. The appraisers shall
22. Assignment Assignment of interest under this policy shall not bind
then appraise the loss, stating separately the actual cash value at the
the company until its consent is endorsed hereon; if,
time of loss and the amount of loss, and failing to agree shall submit
however, the named insured shall die, this policy shall cover (1) the
their differences to the umpire. An award in writing of any two shall
named insured's spouse, if a resident of the same household at the hme
determine the amount of loss. The named insured and the company shall
of such death, and legal representative as named insureds, and (2) under
each pay his or its chosen appraiser and shall bear equally the other
coverages A and B. subject otherwise to the provisions of Insuring Agree.
expenses of the appraisal and umpire.
ment III, any person having proper temporary custody of the automobile,
The company shall not be held to have waived any of its rights by any
as an insured, and under coverage C -1 while the automobile Is used by
act relating to appraisal.
such person, until the appointment and qualification of such legal repre-
sentative; provided that notice of cancelation addressed to the insured
14. Limit of Liability; Settlement The limit of the company's liability
named in Item 1 of the declarations and mailed to the address shown in
Options; No Abandonment for loss shall not exceed either (1)
this policy shall be sufficient notice to effect cancelation of this policy.
Coverages D, E, F, G and H the actual cash value of the auto-
mobile, or if the loss is of a part
cancelation This he may 6e canceled b
policy Y y the named insured
thereof the actual cash value of such part, at time of loss or (2) what it
by surrender thereof to the company or any of its
would then cost to repair or replace the automobile or such part thereof
authorized agents or by mailing to the company written notice stating
with other of like kind and quality, with deduction for depreciation, or
when thereafter the cancelation shall he effective. This policy may be
by by
(3) the applicable limit of liability stated in the declarations.
canceled the company mailing to the named insured at the address
The company may pay for the loss in money or may repair or replace
shown in this policy written notice stating when not less than ten days
thereafter such cancelation shall be effective. The mailing of notice as
the automobile or such part thereof, as aforesaid, or may return any stolen
aforesaid shall be sufficient proof of notice. The time of the surrender or
property with payment for any resultant damage thereto at any time before
the effective date and hour of cancelation stated in the notice shall become
the loss is paid or the property is so replaced, or may take all or such part
the end of the policy period Delivery of such written notice either by
of the automobile at the agreed or appraised value but there shall be no
the named insured or by the company shall be equivalent to mailing.
abandonment to the company.
If the named insured cancels, earned premium shall be computed in
15. Payment for Loss; Action Payment for loss may not be required
accordance with the customary short rate table and procedure If the
Against Company nor shall action lie against the company
company cancels, earned premium shall be computed pro rata. Premium
Coverages D, E, F, G, H and I unless, as a condition precedent there-
adjustment may be made either at the time cancelation is effected or as
to, the named insured shall have fully
soon as practicable after cancelation becomes effective, but payment or
complied with all the terms of this policy nor until thirty days after proof
tender of unearned premium is not a condition of cancelation.
of loss is filed and the amount of loss is determined as provided in this
24. Terms of Policy Conformed to Statute Terms of this policy which
policy'
are in conflict with the
16. No Benefit to Bailee The insurance afforded by this policy shall
statutes of the State wherein this policy is issued are hereby amended to
Coverages D, E, F, G, not enure directly or indirectly to the bene.
conform to such statutes.
HandI fit of any carrier or bailee liable for loss
the
25. Declarations By acceptance of this policy the named insured
to automobile.
agrees that the statements in the declarations are-hie
17. Assistance and Cooperation of the Insured The insured shall
agreements and representations, that this policy is issued in reliance upon
Coverages A, B, D, E, F, G, H and I cooperate with the
the truth of such representations and that this policy embodies all agree -
company and, upon
ments existing between himself and the company or any of its agents
the company's request, shall attend hearings and trials and shall assist in
relating to this insurance.
If this policy is issued in or is to cover a risk located in the State of Texas, the word "sixty' shall be changed to read "ninety-one" so that under
the policy the insured shall be given ninety -one days within which to file proof of loss after occurrence of loss.
North Carolina Exception —(If this policy is written in the State of North
Carolina, the following applies)
Proofs of Loss —The failure of the insured to furnish proofs of loss as required by the terms of this policy shall not debar him from recovery here-
under unless within fifteen (15) days after receipt of notice of loss the company or its representatives shall provide the insured with a blank or blanks
In duplicate, to be used for the purpose of making such proofs of loss.
In Witness Whereof, the MARYLAND CASUALTY COMPANY has
caused this policy to he signed by its Chajnnan of the Board and President
}and its Secretary at Baltunore�(,M!alyyland,, aQnd� countersigned on the declarations page by a duly author(iz�aYmpresehtative of the company.
-PMAIV l.� . 1 V/IGt.U.1.CM.x -� -
X/ / • �-/'�g� - -!
'�; ^�° Secretary
(/ Chairman of the Beard and President
ASSOCIATES:
BUSTER SHELY
ALEX VAKY
ED WHITNEY
WILLIAM KLEIN
"." L'g" erEN
SWANTNER AND GORDON
INSURANCE COUNSELORS
P.O. DRAWER DID-:- PHONE TU —711
CORPUS C H R I S T I , TEXAS
September 23, 1958
7
City of Corpus Christi
Corpus Christi, Texas
Att'n: Mr. Schroder
Gentlemen:
Re: Maryland Casualty No. 2- 2712119
Corpus Christi Sightseeing Service, Inc.
Enclosed herewith is a copy of the above captioned policy.
We trust this will meet with your approval.
Yo s very truly,n�D
For: Shwa tner & Gordon
lh
0
SEP lg5a
COR / OF
ter, POST/ n
YOUprdr.r
im+,a IIAGIKT
MEMBER: CORPUS CHRISTI ASSOCIATION OF INDEPENDENT INSURANCE AGENTS
Mr. T. Ray Kring
City Secretary
City Hall
Corpus Christi, Texas
September 30, 1958
UT' , 8121:0
8Y COUNC1l...... ��/J
....
S`V
Re: Corpus Christi Sightseeing Service
Dear Mr. Kring: 4
In connection with the letter under date of September 25, 195P,
written to you by Travis A. Peeler requesting a transfer of the
franchise granted to me by Ordinance No. 5089 to Corpus Christi
Sightseeing Service, Inc., I wish to hereby express my approval
of such proposed transfer of my franchise and hereby loin in
requesting that such transfer be approved by the City Council.
I understand that the proposed transfer of such franchise has
been- placed on the agenda for the next meeting of the City
Council of the City of Corpus Christi to be held on October
1, 1958, and I intend to be present at such meeting to answer
any questions which the Council may have and to urge the Council
to approve the transfer of the franchise.
Yours very truly,
Al Escalante
JAKE B. JARMON. JR.
TRAVIS A. P¢ R
Mr. T. Ray Kring
City Secretary
City Hall
Corpus Christi, Texas
Dear Mr. Kring:
L.Aw OFFICES
JAiKE B. -JA mo1q, JR.
BEVLT BUILOIN
U O
MIS SOUTH STAPLES
CORPUS CHRISTI. TEXAS
September 25, 1958
TfiLEPHON6
TV LIP 2�B291
Re: Corpus Christi Sight Seeing Service
Approximately three months ago the City Council granted Al
Escalante, d /b /a Corpus Christi Sight Seeing Service, a
franchise to operate a scenic motor tour service on the
public streets and thoroughfares of the City of Corpus
Christi. The ordinance granting such franchise provided
that the franchise could be transferred if first presented
to the City Council for approval.
Mr. Escalante has found someone to assist in giving finan-
cial backing to the venture and I have formed a corporation
to carry on the sight seeing business. Accordingly, we are
writing to request that the proposed transfer of the subject
franchise from Al Escalante to the corporation which we have
formed, Corpus Christi Sight Seeing Service, Inc., be placed
on the agenda for the next meeting of the City Council and
respectfully ask that such transfer be approved by the Council.
Yours � truly,
Travis A. Peeler
TAP: bcs �22324Z5�
SEP 1958 `
• '"�° REC'iv�rj
,! CRY Secretary
A i
CORPUS CHRISTI SIGHTSEEING SERVICE, INC.
P. O. Box 224, Corpus Cl risli, Texas
November 16, 1962
Mr. Ray Kring
City Secretary
City of Corpus Christi
Corpus Christi, Texas
Dear Ray:
This is to notify you that I have sold all my stock in
the Corpus Christi Sightseeing Service, Inc. to Al
Escalante.
I believe your records show me as a vice - president
of this organization and I hope you will alter the
franchise to this effect.
Thank you.
Al Esc.]..le, Manager
Yo
ob Conwell
,Z �. U4 7ii62
a G c: —rv�o
THE STATE OF TEXAS 4
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
AL ESCALANTE and ROBERT E. CONWELL, each of whom being by me first duly sworn
did upon their oaths depose and say that they are the principal stockholders
of CORPUS CHRISTI SIGHT SEEING SERVICE, INC., that they have no judgment liens
or other liens against either of them, and that Corpus Christi Sight Seeing
Service, Inc., the corporation formed by them for the purpose of operating a
franchise to conduct a scenic motor tour and sight seeing service within the
City of Corpus Christi, Texas, has assets far in excess of any liabilities
of said corporation.
Al Escalante
obert E. Conwell
SWORN TO AND SUBSCRIBED BEFORE ME by the said Al Escalante and
Robert E. Conwell this /6��day of October, 1958, TO CERTIFY WHICH
WITNESS MY HAND AND SEAL OF OFFICE.
�.
Notary Publt , Nueces County, Texas
Regular Council Meeting
October 1, 1958
Page 2
Mayor Smith announced the Council would next hear the City Manager's Re-
ports.
Motion by Ingle, seconded by Maldonado and passed thatthe award of bid
for 75 tons of Comm \cial Fertilizer be made to Watso D Aributing Company for a
total of $4,128.75. (See Bid Tabulation #50 in Fille /)
Motion by Bigler, seconded by Roberts add passed that the award of bid for
Full Circle Clamps of various bizesand tvoes be made to Viking Supply Corp. for
381 Full Circle Clamps for a total of-
10" x 20" Full Circle Clamps for 14.08
Bid Tabulation #51 in File.)
7
e53; and to The Rohan Company for two
A.C. Pipe for a total of $34.98. (See
Motion by Aills, seco ed by Roberts and ssed that the City Manager be
authorized to advertise for bids to be received on Octob 15 for 7 items of Tele-
meter Transmitters and dceivers and Rectifying Units.
Motion by gle, seconded by Roberts and passed that the City Manager be
authorized to Zartise for bids to be received on October 15 for 340, 100# High
Grade Magnes es or High Potential Anodes.
otion by Ingle, seconded by Roberts and passed that the date of Monday,
October 27, 1958, during a Special Meeting convening at 2;00 p.m., be set for a
public hearing on 3 zoning applications.
Motion by Bigler, seconded by Ingle and passed that the transfer of fran-
chise granted to Al Escalante d/b/a Corpus Christi Sight Seeing Service to operate
a scenic motor tour service to Corpus Christi Sight Seeing Service, Inc., be approved
subject to approval of the City Manager with regard to a showing of financial stab-
ility.
With regard to the application of Corpus Christi Tr sportation Co. to
transfer their rights, title and interest in their chase to operate a "Driver -
less Automobile" burin s together with the 35 permits, to The Hertz Corp.,
.g
their followed a lengthy disc ion.
George Brundrett, attorn resenting Mission Rent -a -Car Co., and Owen
D. Cox, attorney representing oastal Bend Re -a -Car Co., requested a postpone-
ment of one week to allow them sufficient time to pre a and submit evidence in
opposition to the application.
ORDINANCE NO. f
GRA_Z,NG_AL ESCALANPE DBA_CORPUS CHRIST�_SIGIiT-
SEEING SERVICE,„A F_RANCH_ ISE ON AND OVER THE PUB-
LIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF
THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF
OPERATING SCENIC MOTOR TOUR SERVICES; PROVIDING
ORS, CHARGE OF TWO PER CENT (2%) OF GROSS RE-
CEIPTS TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH
CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH;
PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS
WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH
CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY
SECURITY; PROVIDING FOR PROPER SUPERVISION; PRO-
VIDING FOR DATE WHEN THIS GRANT SHALL BECOME
EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE
WITHIN THIRTY (30) DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1.~ The right and privilege -is hereby granted to
Al Escalante dba Corpus Christi Sightseeing Service, hereinafter
called Grantee, for a.,,period,of'five (5) years from the effective
date hereof, to operate a scenic motor tour service, as same is
hereinafter defined, along and over the public streets, alleys and
thoroughfares of the City of Corpus Christi, under and subject to
the terms and restrictions herein set out.
SECTION 2.
(A) During the operation of said scenic motor
tour service over and upon the public streets,
alleys and thoroughfares of the City of Corpus
Christi, Texas, under the terms of this fran-
chise, and for the period of this franchise, the
owner thereof shall pay to the City of Corpus
Christi, Texas, at the office of the Tax Assessor -
Collector, in lawful money of the United States,
two per cent (27.) of the gross receipts measured
by the total fares collected and other income
WiD. PUBLIC AUTOMOBILE SIGHTSEEING •$US
This endorsement forms a part of Policy No. 2-2`%l.Z!1�_._. Issued to _.CO ll$ Christi Sightseeing
by the _— _ -_ - -_ M.Casualty at its Agency
(Name of Insurance Company)
located (city and stale) Corpus Christi,. Texas_._- .__..-- - - -_ -- aad is effective from
--- - - "-- --
(12:01 A.M. Standard Time)
It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability, for Property Damage Liability and for Basic Medical
Payments with respect to the automobile described below or designated in the policy as subject to this endorsement applies, subject to the
following provisions:
1. The insurance applies only while the automobile is used for sightseeing purposes within a fifteen mile radius of the limits of the city
or town where the automobile Is principally garaged as staled in the declarations, or is used for personal, pleasure, family or other
business purposes.
2. While the automobile is subject to any motor carrier law, the insurance does not cover as insured any person or organization, or
any agent, employee or contractor thereof, other than the named insured, who is required to carry automobile liability insurance under
any motor carrier law because of transporting passengers or property for the named insured or for others
3. While the automobile is used for sightseeing purposes, the insurance for Property Damage liability applies with respect to loss of or
damage to propetty of passengers while such property is carried in the automobile.
9. The insurance does not apply:
(a) while the automobile is used as a public or livery conveyance except for such sightseeing purposes;
(b) while the automobile is used to pick up, transport and discharge passengers along a route.
This endorsement applies only to the following described automobiles or entry numbers as shown on the schedule of the policy:
,S.WAMNER /I &s GORDON
By
(Duly Authorized Representative)
FORM IO1D— PUBLIC AUTOMOBME—SIGHTSEEING BUS
Standard Automobile Endorsement
Revised April 1. 1955
{
including advertising receipts derived from
the operation of the scenic motor tour ser-
vice, or such rate as may be provided in any
regulatory ordinance regulating the opera-
tion of said scenic motor tour service, which-
ever may be the greater.
(B) Said payments shall be made in lawful
money of the United States, at the office of
the Tax Assessor- Collector of the City of
Corpus Christi, Texas, and said remittance
shall be made monthly on or before the 10th
day of each calendar month based upon the gross
receipts of the said business for the preced-
ing calendar month.
(C) It is understood.that the payment of the
monies as herein provided shall not be con-
sidered so as to affect or prevent any for-
feiture of permits for.nonus.er or otherwise,
,as is now, or may in the future be provided
for by City Ordinance. The compensation
herein provided for shall be in lieu of any
other fees or charges imposed by any other
ordinance now in force during the life hereof,
except that in event of conflict the higher
charge shall be paid, but in no event shall
q
the grantee be released from the payment of
any ad valorem, taxes levied,;?nor`is 'the'City
prohibited hereby from collecting the fees
for chauffeurs licenses as provided in any
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t:. - ,
existing ordinances applicable to the op-
erations of the Grantee, or such like fees
as may in the future be provided by ordinance.
SECTION 3. It shall be the duty of the Grantee to file
with the Director of Finance of the City of Corpus Christi, a
sworn statement showing all receipts of said Grantee, which said
verified statement shall be filed'within ten (10) days following
the end of each month. The Grantee shall install and keep an ade-
quate system of bookkeeping to be approved by the Director of Fi-
nance of the City; which books shall-,be subject to inspection by
tr w 4
the governing body of the City and any person or persons the said
City may designate, or either of them, so as to enable the City
to check the correctndssA of the accounts kept'and the amount of
gross receipts, street rental, fee or charge due to it by virtue
hereof.
SECTION 4. A vehicle used as a part of the scenic ve-
hicle tour service, as used in this ordinance, shall mean every
automobile or motor propelled vehicle used for the transportation
of passengers, for hire over and on the public streets, alleys and
thoroughfares of the City of Corpus Christi, and /or over a defined
or fixed route, and irrespective of whether or not the operations
extend beyond the City Limits of the City of Corpus Christi, at
rates for distance traveled.
SECTION 5. All vehicles operated by Grantee under this
franchise shall be of modern, -safe and adequate construction, shall
be kept in good repair and kept clean, and if the Grantee does not
comply with the spirit of this particular provision of his fran-
chise then such failure to do so shall be cause for a forfeiture
hereof.
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SECTION 6. The Grantee shall comply with all traffic
regulations and ordinances now in force in the City of Corpus
Christi, and the laws .of the State of Texas now in force, and shall
comply with such ordinance and State laws which in the future may
be enacted. The Grantee shall never permit the vehicles operated
hereunder to be used in violation of any criminal statutes, State
or Federal, but the Grantee shall keep reasonable supervision over
the vehicles operated hereunder for the purpose of preventing such
vehicles being used in violation of any laws. Failure of Grantee,
to comply with the spirit of this Section shall be cause for for-
feiture of the franchise.
SECTION 7. Grantee must carry such public liability se-
curity as is provided by ordinance. Before this franchise shall
become effective the Grantee shall furnish to the City of Corpus
Christi a good and sufficient assurance in writing that such auto-
mobile will be operated with due care and caution for the public
safety. Such assurance shall consist of a good and sufficient policy
, of insurance, bond, or cash bond as now provided by any existing
ordinance applicable to the operations of the Grantee; and should
the City Council, by ordinance, require a different type of bond
or insurance, or require that all scenic motor tour service com-
panies carry a policy of insurance, or increase the face amount of
such bond or insurance, then the Grantee shall have thirty (30)
days from the date of the passage of such ordinance in which to
comply with the terms thereof:, By acceptance of this franchise the
Grantee agrees to comply with all,the provisions of this franchise.
SECTION 8. At the termination of the five (5) year period
1
hereinbefore set out tliis "grant;shall: w terminate a.nd be of no fur-
ther force and effect.
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SECTION 9. Any infraction of the terms of this franchise
or any ordinance of the City of Corpus Christi regulating the busi-
ness of operating vehicles 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; provided,
however, upon the City ,'s giving3riot'ice_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 Coun-
cil to waive such default or defaults and reinstate Grantee's fran-
chise after which time Grantee must cease to do business if not
reinstated by the Council.
SECTION 10. The Grantee shall own all vehicles 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 representa-
tive of-the City of Corpus Christi, excepting therefrom from this
Section are vehicles such as buses, limousines, or rent cars which
are used temporarily to cover large groups or extraordinary in-
creases of business used temporarily by the Grantee where such tem-
porary vehicles are under franchise and control by the said City
and provided that they are made subject to all regulations of this
ordinance excepting only as to ownership by the Grantee.
SECTION 11. The Grantee shall report and pay when due
and before becoming delinquent any charges, rentals, street ren-
tal 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
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r�
these obligations, or any one of them, shall operate as a revo-
cation of this franchise and all permits and licenses issued
thereunder.
SECTION 12. 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 scenic motor tour service business, and 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.
SECTION 13. The Grantee hereunder may charge such rates
as are now, or may in the future, be set by ordinance passed by
the City Council.
SECTION 14. If any part of this ordinance shall be
held invalid, no valid parts thereof shall be affected thereby.
SECTION 15. This ordinance shall be binding only upon
the acceptance thereof in writing by the said Al Escalante dba
Corpus Christi Sightseeing Service, within thirty (30) days af-
ter the final passage thereof, and full compliance by the Grantee
with the terms hereof as to public liability security, condition
of vehicles, payment of rentals, and with the terms of existing
ordinances that may affect such operation. If this grant is not
accepted within the time prescribed then the Grantee shall no
longer have the right to operate a scenic motor tour service or
scenic motor tour services within the City of Corpus Christi.
SECTION 16. . "Grantee" as herein used shall be con-
strued as singular or plural; according to whether one or more than
one person at the particular time may. be",the' owner 'of this grant.
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SECTION 17. This franchise, and the permits held by
the Grantee in connection with said franchise, may be sold, trans-
ferred and inherited; provided, however, that any sale or transfer
shall be first presented in writing to the City Council for its
approval or disapproval and the City Council may disapprove such
proposed sale or transfer is not in good faith or that the pro-
posed purchaser or' transferee is not capable of continuing the
operation under such'franchis'e ' in such7a manner as to render the
services demanded in the•best interest of the public; the City
_ - :rear ,,• - -_� o
Council in approving or disapproving any such sale or transfer
of this franchise, and the permits owned in connection therewith,
may take into consideration all of the requirements and qualifi-
cations of a regular application, and apply same as necessary
qualifications of any proposed purchaser or transferee.
SECTION 18. The franchise granted by this ordinance
r
shall not be and is not intended to be an exclusive,franchise.
S
SECTION 19. The Grantee herein shall operate his vehicles
so as to give good service, employ drivers that meet the require-
ments of the present existing ordinances affecting similar opera-
tions, or that meet such requirements as may be required by or-
dinance, and any failure on the part of any scenic motor tour
company to do so shall be grounds upon which this franchise may
be terminated. Each operator of any motor vehicle operated under
the terms of this franchise shall comply with all of the ordinances
of the City of Corpus Christi, and the laws of the State of Texas,
now provided and as may hereafter be provided, regulating chau-
ffeurs and drivers of scenic motor tour services and motor ve-
hicles for hire.
SECTION 20. The City Council shall have the right to
modify or change or amend or add to this ordinance in order to
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� •x
make the provisions hereof more completely meet the scenic motor
tour service situation in Corpus Christi, including the right of
the Council to charge the gross receipC tax payable under Section
2 of this ordinance, or which is necessary to better protect the
public, or if the Council deems it desirable to incorporate all
provisions of City Law governing the scenic motor tour service
business in this franchise rather than have a separate ordinance.
SECTION 21. A scenic motor tour service as contemplated
in this ordinance includes the rendering of a sightseeing service
to individuals or groups from fixed points or for predetermined
periods of time, conveying the participants for the purpose of
displaying'to them the various natural and man -made points of in-
terest and the economic and cultural institutions of the City of
Corpus Christi and the surrounding area and shall not include the
operation of a taxicab service furnishing merely transportation
of person and property from point to point for hire.
SECTION 22. THE GRANTEE HEREIN SHALL NOT BE AUTHORIZED TO OPERATE,
UNDER THIS FRANCHISE, A BUS OR OMNIBUS WITH A SEATING CAPACITY FOR TWENTY (20)
OR MORE PASSENGERS.
14. ,,.
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND
Is
PASSED TO ITS SECOND READING ON THIS THE AY OF, 195/. BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO,
CHARLIE J. AILLS
y ARTHUR R. JAMES
ODELL INGLE '
THAT THE FOREGOING ORDINANCE WAS READ FOR E SECOND �T TIME AND
PASSED TO ITS THIRD READING ON THIS THEDAY OF 195X, BY THE
FOLLOWING VOTE: l�
FARRELL D. SMITH '
W. J. ROBERTS -
B. E. BIGLER
MANUEL P. MALDONADO
1 CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THAT THE FOREGOING ORDINANCE W S READ FOR THD TIME AND
PASSED FINALLY ON THIS THE�DAY orVC'l. (.. . 195f BY THE FOLLOWING VOTE:
FARRELL D. SMI
W. J. ROBERTS
r B. E. BIGLER I,
MANUEL P. MALDONADO
}
CHARLIE J. AILLS
C
f ARTHUR R. JAMES �
i
i t ODELL INGLE
� Q
PASSED AND APPROVED, THIS THE DAY OF , 195
MAYOR
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE RY ��
APPRO D TO LEG
FORM
THIS I DAY F
r
CITY ATTORNEY
„ 195
U