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Home My WebLink About05525 ORD - 10/14/1959. JKH:io -14 -59 • c • . - •y 4 AN ORDINANCE GRANTING TO NUECES TRANSPORTATION COMPANY, A CORPORATION, A FRANCHISE FOR A PERIOD OF FIVE YEARS,, FOR THE PURPOSE OF OPERATING OMNIBUSES OVER THE STREETS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR COMPENSATION AND A FIXED ANNUAL CHARGE IN ACCORDANCE NCE W- H THE CHARTER OF THE CITY, SECURING EFFICIENTY OF SERVICE AND REASONABLE RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE RIGHTS AND PRIVILEGES HEREBY GRANTED TO THE NUECES TRANSPORTATION COMPANY, A CORPORATION, ITS SUCCESSORS AND /SSIGNS, HEREINAFTER CALLED GRANTEES, FOR THE PERIOD OF FIVE (5) YEARS FROM THE DATE OF THIS CONTRACT TO OPERATE OMNIBUSES, AS SAME ARE HEREINAFTER DE- FINED, ALONG AND OVER THE STREETS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI UNDER AND SUBJECT TO THE TERMS, STIPULATIONS AND RE- STRICTIONS HEREINAFTER SET OUT. SECTION 2. FROM AND AFTER THE DATE OF THE GRANTING OF THIS FRANCHISEFOR 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 CHRISM STREET RENTAL FEES AND /OR PERMIT FEES EQUAL TO ONE —TENTH (1 /10) OF ONE PER CENT (1 %) ON THE GROSS RECEIPTS ON THE FOLLOWING SOURCES OF INCOME DERIVED FROM CITY OPERATIONS, TO -WIT: (1) BUS PASSENGER RECEIPTS; (2) CHARTERED BUS RECEIPTS; AND (3) BUS ADVERTISING RECEIPTS; SUCH SUM TO BE PAYABLE WITHIN SIXTY (60) DAYS FOLLOWING THE END OF EACH FISCAL YEAR ENDING SEPTEMBER 30 OF EACH YEAR DURING THE TERM OF THIS FRANCHISE. 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 BETWEEN FIXED TERMINI OF SAID CITY OF CORPUS CHRISTI HAVING A SEATING CAPACITY OF NOT LESS THAN TWENTY (20) PASSENGERS. SECTION 4. THE OMNIBUSES OPERATED UNDER THE TERMS OF THIS FRAN- CHISE SHALL BE OF MODERN CONSTRUCTION AND SHALL COMPLY WITH ALL ORDI- NANCES 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 KNOWN AS "JITNEYS" OR "JITNEY BUSSES" UNDER THE TERMS HEREOF. SECTION 5. THE GRANTEE SHALL OPERATE SAID OMNIBUSES BETWEEN FIXED TERMINI, TO BE PUBLISHED OR DESIGNATED BY THEM, 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 FRAN- CHISE, 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 TERMINI AND THE SCHEDULE WITH THE DIRECTOR OF PUBLIC UTILITIES AT LEAST TWENTY -FOUR HOURS PRIOR TO BECOMING EFFECTIVE. BUSSES HAVING A BEGINNING 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 FIXED. SECTION 6. THE GRANTEE OR HIS ASSIGNS SHALL COMPLY WTTH ALL TRAFFIC REGULATIONS AND ORDI- NANCES, AND ALL OTHER ORDINANCES AND REGU- LATIONS NOW IN FORCE IN THE CITY OF CORPUS CHRISTI OR WHICH MAY BE HERE- INAFTER PASSED AND ENFORCED INSOFAR AS APPLICABLE. 5525 SECTION 7. THE FARE CHARGED FOR EACH CONTINUING PASSAGE FROM TERMINUS TO TERMINUS WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL BE REGULATED BY THE CITY COUNCIL, PROVIDED HOWEVERS 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 8. AT THE TERMINATION OF SUCH FIVE (5) YEARS THIS GRANT SHALL TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT. SECTION 9. 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 10. IF ANY PARTS OF THIS ORDINANCE SHALL BE HELD INVALID, NO VALID PARTSTHEREOF SHALL BE AFFECTED THEREBY. THIS ORDINANCE SHALL BE BINDING ONLY UPON 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 SINGU- LAR OR PLURAL ACCORDING 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 ASSIGNSS ASSIGNMENTS BEING PERMITTED TO ANY ASSIGNEE APPROVED BY THE CITY COUNCIL. SECTION 11. SUBJECT TO THE APPROVAL OF THE TRAFFIC ENGINEER OF THE CITY, THE GRANTEE MAY DESIGNATE SUCH BUS STOPS AS IT MAY DESIRE, AN _D 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 SHALL BE ADEQUATE AND IN WHICH OTHER VEHICLES SHALL NOT BE PERMITTED TO INTERFERE WITH THE BUS OPERATIONS, TO THE END THAT THE SAFETYS CONVENIENCES AND WELFARE OF THE PATRONS AND PUBLIC MAY BE SAFE- GUARDED. SECTION 12. 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 COMPLETED A MINIMUM TRAINING PERIOD AS PRESCRIBED BY THE GRANTEE. SECTION 13. ALL BUSES EXCEPT THOSE OPERATED BY SPECIAL CHARTER SHALL BE RUN ON SCHEDULE AND ON THE ROUTE ESTABLISHED BY THE GRANTEE AS HEREIN 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 PHY- SICAL CONDITIONS OF STREETS: ALLEYS, OR THOROUGHFARES, APPROVAL SHALL BE REQUIRED OF THE TRAFFIC ENGINEER AND/OR THE DIRECTOR OF PUBLIC WORKS FOR THE ALTERNATE ROUTE SUGGESTED BY THE BUS COMPANY DURING THE PERIOD THAT THE NORMAL ROUTE IS INOPERATIVE. SECTION 14. 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 ASSESSMENTS PRIOR TO BECOMING DELINQUENT. SECTION 15. 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 HEREUNDER. SECTION 16. THE COMPANY SHALL AT ALL TIMES DURING THE TERM HEREOF, COMPLY WITH PROVISIONS OF THE CHARTER AND ORDINANCES OF THE CITY OF -9- Corpus Christi, Texas, so far as they may provide according to their provisions now in force or as hereinafter enacted, for the keeping of books, and records, reports, stock and securities issued, and the carrying of insurance or security bonds. At the time of the pay- ment of the street rental fees and /or permit fees, as hereinabove pro - vided'In Section 2 hereof, Grantee shall furnish statements in suffi- cient detail to show the gross revenue from the sources specified in Section 2 hereof. In determining what should be a reasonable rate of fare, the City should have the right to inspect the books of the Company. SECTION 17. This grant. shall not be construed! to be an exclu- sive grant and franchise of the carrying of passengers for hire, 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 taxicab ordinance, which would tend to materially interfere with the profitable and economical operation of the transportation system provided for herein so long as said grantee maintains adequate service. SECTION 18. Each section of this ordinance and each part of each section hereof is hereby declared to be an independent section or part of section, and if the whole of any section or a part thereof would be unconstitutional, void, illegal, ineffective or contrary to the provisions of the Charter of the City of Corpus Christi, Texas, or any amendments thereto, dr invalid for any reason, shall not affect any other section or part of section of this ordinance. SECTION 19. This ordinance shall become effective upon final passage hereof. SECTION 20. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. -3- I I THAT THE FOREGOING ORDINANCE WAS jgAD FOR E R7�l�g��. IME AND_ PASSED TO ITS SECOND READING ON THIS THE / AY OF�yj19jy BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THAT THE FOREGOING ORDINANCE WA,9 READ FOR T S ND TIME D PASSED TO ITS THIRD READING ON THIS THE OF , , BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN 1 PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THAT THE FOREGOING`/ INANCE W E FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE / DAY OF , 19�'y BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. PASSED AND APPROVED, THIS THE �-AY OF , I!_L ATT 4 7i' j 7 MAYOR ITY SECRETAR THE Cl CORP CHRISTI, TEXAS APPROV AS TO LEG A FO THIS DAY OF , 19 CITY T ORNEY