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HomeMy WebLinkAbout15303 ORD - 01/16/1980AN ORDINANCE AN ORDINANCE GRANTING TO AMERICAN FUNTIER, INCORPORATED, A FRANCHISE FOR FIVE YEARS TO OPERATE BUS SERVICES UPON THE PUBLIC STREETS AND HIGHWAYS OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the City Council has duly considered the application of American Funtier, Inc. for a franchise to operate and maintain the charter bus service and special party bus service described herein for transporting passengers, baggage and packages over, upon, and through the public streets of the City of Corpus Christi, Texas; and WHEREAS, the City Council has found that there is a present need for the proposed bus service, that the equipment proposed for use by American Funtier, Inc. is adequate in number and types of coaches, that the operating and maintenance facilities of American Funtier, Inc. are adequate to serve the equipment, that the increase in traffic congestion likely to be caused by the proposed service is inconsequential, and that the public streets of the City will not be adversely affected by the use of the proposed equipment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. Nature and Duration of Franchise. For and in consideration of the Franchisee's equipping, maintaining, and operating in the City the bus service herein authorized, the City grants to the Franchisee for a term of five years, the right and authority to operate and maintain buses for "charter bus service" and "special party •bus service" upon the public streets and highways of the City, within the corporate limits of the City as those limits now exist or may be altered from time to time. Section 2. Definitions. Except as otherwise provided in this ordinance, the following words and phrases shall have the meaning ascribed to them in this section: (a) "City" means the City of Corpus Christi, Texas. (b) "Franchisee" means American Funtier, Inc. a Texas corporation whose principal office is located at 4203 Brett Street in Corpus Christi, Texas, and shall include any successor or assign approved by the City in accordance! with section 10. (c) "Bus" means any vehicle having a f 20 �>���orirekOFIlMED. , passengers. 153C3 Tr a (d) "Bus service" means the use of one or more "buses" as defined herein. (e) "Charter bus service" means that bus service provided in transporting wholly within the limits of the City and the suburbs thereof a group of passengers (including baggage and packages) who, pursuant to a common purpose,.have acquired use of a bus to travel together. (f) "Special party bus service" means that bus service provided in transporting wholly within the limits of the City and the suburbs thereof a number of passengers which the Franchisee itself has assembled into a travel group for the purpose of a particular trip. Section 3. Equipment. The buses of the Franchisee shall be uniformly painted, with easily readable exterior markings identifying each bus as being operated by the Fran- chisee, of reputable manufacturers, and of such size and seating capacity as will adequately fulfill the requirements of the service which they are to provide. They shall be properly maintained in safe, dependable and sanitary condition. The exterior color scheme and identifying marking shall be registered with the City Secretary. Section 4. Payment to the City. (a) As consideration for the privileges herein granted, Franchisee shall pay to the City, four percent (4%) of the Franchisee's gross revenues from the bus services which are provided under authority of this Franchise. (6) Said payments shall be made monthly on or before the 15th day of each calendar month based upon the gross receipts as described in subsection (a), for the preceeding calendar month. (c) It shall be the duty of the Franchisee to file with the Director of Finance of the City of Corpus Christi, a sworn statement showing all receipts of said Franchisee deriving from service provided under authority of this Franchise. Said verified statement shall be filed within fifteen (15) days following the end of each month. Franchisee shall install and maintain an accounting system which accurately reflects Franchisee's activities generating revenues subject to the provisions of subsection (a) of this Section. Such system shall be approved by the Director of Finance. Section 5. Rates of Fare. The services of the Franchisee shall be offered and performed on a tariff schedule attached hereto as Exhibit A. A change in the tariff can be -2 effected by Franchisee's filing a new tariff schedule with the City Secretary and the Director of the Department of Traffic and Transit, which new schedule will take effect 30 days after such filing; provided that, if the Director of Traffic and Transit gives notice of objection to the new schedule, the Franchisee must obtain approval from the City Council prior to putting the new schedule into effect. Section 6. Insurance. The Franchisee shall maintain insurance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of the Franchisee, its servants, agents or employees or by the unsafe conditions or operation of its motor coaches or equipment, and said insurance shall be in the minimum amount of one hundred thousand dollars ($100,000) for any one person and three hundred thousand dollars ($300,000) for any one accident for personal injury or death, and fifty thousand dollars ($50,000) property damage. A current certificate of such insurance shall be filed with the City Secretary. In addition to the fore- going, Franchisee indemnifies and agrees to hold harmless the City from any and all claims for damages arising by virtue of the negligent or willful misconduct of the Franchisee, its agents, servants or employees. Section 7. General Conditions of Franchise. The privileges herein granted are subject to the Constitution and laws of the State of Texas, the Charter of the City of Corpus Christi, and where not otherwise provided herein, the ordinances and codes of the City of Corpus Christi as they now exist or may hereafter be amended so as to constitute reasonable regulations protecting the health, safety and welfare to insure safe, efficient and continuous mass transit service, all of which enumerated provisions are incorporated herein by reference and made a part hereof as fully as though the same had been copied herein verbatim. Section 8. Place and Manner of Notice. (a) For the purposes of this franchise, notice to the Franchisee may be given by delivering or mailing a written copy thereof to the principal office of the Franchisee in the City during ordinary business hours. Notice to the City may be given by delivering or mailing a written copy thereof to the office of the City Secretary. (b) Franchisee shall give the City written notice at least five (5) business days prior to any change in the location of the Franchisee's prin- cipal office. - 3 - Section 9. Forfeiture and Penalty (a) The City shall have the right to investigate the manner of operation of service of the Franchisee as it pertains to this franchise, for the purpose of securing the City safe and efficient bus services as provided herein. During normal business hours, the Franchisee shall make available to the City all of its records relating to matters covered by this franchise and shall permit the City to audit, examine and make excerpts, copies or transcripts from such records. (b) If after twenty (20) days notice from the City of alleged default under this franchise, the Franchisee has not substantially cured the alleged default, the City may after ten (10) days notice of hearing hold an adjudicative hearing to determine whether the Franchisee is in default and, if the Franchisee is found on the record properly made at such hearing to be in default, whether to forfeit this franchise. At such adjudicative hearing all testimony shall be taken under oath, each party shall have the right to confront and cross-examine witnesses, and the rules of evidence applicable in hearings before state administrative agencies under the provisions of the Administrative Procedure and Texas Register Act shall govern the admissibility and competence of each item of evidence offered. The council shall make its decisions on the basis of the evidence adduced in such hearing, and matters which may be judicially recognized. The decision of the council shall be ren- dered no later than sixty (60) days after the close of the hearing. The Franchisee may continue its operations during the pendency of any such notice and hearing process unless the City Council determines that the public health, safety, or welfare will be threatened by such continued operation. (c) Termination of this franchise for any reason, whether under this section or otherwise, shall not relieve Franchisee of the obligation to make payments as required by Section 4. Section 10. Transfer of Franchise. The privileges granted by this franchise may not be transferred, assigned, or pledged in any manner without prior approval from the City Council. Any change or changes in the stock ownership of Franchisee which result in a probable change in control of Franchisee must have prior approval of the City Council, failing which this franchise automatically terminates. -4- Section 11. Severability. The City Council declares that the provisions of this ordinance and franchise are severable. To that end, if any provision of this ordinance or franchise be finally adjudged by a court of law invalid because unconstitutional or unlawful, the City Council declares it would have enacted this ordinance and entered into this franchise agreement without such provision and that this ordi- nance and franchise should be construed as though not containing any such invalid provision. Section 12. Construction. This ordinance is cumulative of all other ordinances touching upon the subject matter of this ordinance and franchise agreement except to the extent that any other ordinance or interpretation thereof may conflict with the express provisions of this franchise and ordinance. In the case of such express conflict the language and provisions of this franchise and ordinance shall control. Section 13. Acceptance. This franchise shall become effective on the date the Franchisee files its written acceptance of the franchise with the City Secretary's office, providing that this franchise shall be void and of no effect if not effective within sixty (60) days after the final passage and approval of this ordinance. -5- That the foregoing ordinance was read for -IF first time and passed to its /2-9 second reading on this the �day of , 197/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for t00: -.second time ej1 passed to its third reading on this the / day of oat.ts,,,,. , 197 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordina was read for the third time and passed finally on this the /4, day of , 19 'f% , by the following vote: Luther Jon s 1 AO!, Jack K. Dumphy 1 Betty N. Turner /Q Cliff Zarsky 6 Edward L. Sample Dr. Jack Best David Diaz PASSED AND APPROVED, this the / day of ATTEST: Ci Secret ray APPB(o/OV�IED: DAY OF J. BRUCE AYC , CITY A , 19 f : ORNEY By Assistant Cit rney MAYOR THE CITYLOF CORPUS CHRISTI, TEXAS • RCT "EXHIBIT A" AMERICAN FUNTIER, INC. CHARTER TARIFF NO. 100 Containing Charter Rates As Described Herein and Rules and Regulations in Connection Therewith ISSUED: EFFECTIVE: ISSUED BY: American Funtier, Inc. 4203 Brett Corpus Christi, Texas 78411 "Page 1 RCT 1 ' American Funtier, Inc. Charter`•Tariff 101, PART A: RULES AND REGULATIONS RULE 1. APPLICATION OF TARIFF: (a) Except as otherwise provided herein, this tariff applies to "Charter Movements: From Points and Places which the Issuing Carrier is authorized to serve under authority of Certificates issued by the Railroad Commission Of the State of Texas to Points and Places in the State of Texas. (b) Charges are shown in dollars and cents and payable in the lawful currency of the United States. RULE 2_ DEFINITIONS: The following definitions shall apply to this Tariff. Wherever such words and phrases are used, they are designated by captialization and quotation marks, thus, "Accommodations", "Charter Coach", etc. (a) ACCOMMODATIONS: "Accommodations" means either, (1) additional seats which the "Charter Party" may desire, in excess of the number neces- sary for the party, for the extra convenience or comfort of the party, or (2) additional number of seats (either left in the "Charter Coaches" or removed at the "Charter Party's" request) for the storage of baggage or other paraphernalia to be transported in the custody of the "Charter Party". (b) APPLICABLE -EQUIPMENT POINT: "Applicable Equipment Point" means, for any particular "Charter Movement," the "Equipment Point" nearest the "Place of Origin." (c) CHARTER COACH: "Charter Coach" means a unit of motor passenger equipment assigned to the exclusive use of a party or persons. Page ,2, RCT J American Funti'er, Inc. C'hartei:Tariff 1G (d) CHARTER COACH: "Charter Party" means a person or a group of persons, who pursuant to a common purpose, and under a single contract, and at a fixed charge, have acquired the exclusive use of a passenger - carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the "Charter Party" after having left the "Place of Origin". (e) CHARTER TRIP OR CHARTER MOVEMENT: "Charter Trip" or "Charter Movement" means transportation and incidental service furnished by a carrier in a "Charter Coach" between points authorized herein, beginning at the time and place for which the "Charter Coach" is ordered and ending at the "Place of Destination". (f) DISPATCH DEPARTURE TIME: "Dispatch Departure Time" means the time a "Charter Coach" would be required to leave the "Dispatch Point" at the "Available Equipment Point" in order to arrive at the "Place of Origin" at the time stipulated on the "Charter Coach" Order. Such "Dispatch Departure Time" shall be computed by allowing one (1) "Hour' for each forty-five (45) miles, or fraction thereof, of the one-way distance from the "Dispatch Point" to the "Place of Origin". (g) DISPATCH POINT: "Dispatch Point" meanstheactual physical location in the city named as the "Applicable Equipment Point" where the carrier keeps the equipment. (h) HOUR: - "Hour" means each sixty (60) minute period beginning at the time the "Charter Coach" is ordered to be at the "Place of Origin" and ending at the time the "Charter Coach" is finally released by the "Charter Party". (i) DAY: "Day" means each twenty-four (24) "Hour" period beginning at the time the "Charter Coach" is ordered to be at the "Place of Origin" and ending at the time the "Charter Coach" is finally released by the "Charter .Party". Page'3' RCT American Funtier, Inc. Charter Tariff 100 (j) EQUIPMENT POINT: "Equipment Point" means a place specifically named herein by the Carrier as a point at which vehicles of the particular capacity desired are held out to be available for "Charter Movements". (k) LIVE MILEAGE OR LIVE MILES: "Live Mileage" or "Live Miles" means the mileage traversed by a "Charter Coach" between the "Place of Origin" and the "Place of Destination". (1) DEADHEAD MILEAGE OR DEADHEAD MILES: "Deadhead Mileage" or "Deadhead Miles" means the sum of the distances set out below, computed via the shortest prac- tical highway route, without passengers: 1. Between the "Applicable Equipment Point" for the particular Vehicle and the "Place of Origin", and 2. Between the "Place of Destination" and the same "Applicable Equipment Point". However, after the "Charter Coach" as departed from the "Place of Origin", any mileage required for the servicing of the equipment will not be included as "Deadhead Mileage". (m) PLACE OF ORIGIN: "Place of Origin" means the place where the "Charter Party" orders the "Charter Coach" to be at the start of the "Charter Trip". (n) PLACE OF DESTINATION: "Place of Destination" means the place where the "Charter Coach" is vacated and released by the "Charter Party". (0) WAITING TIME: "Waiting Time" means any period of time in excess of one- half (1/2) an "Hour" during which the "Charter Coach" is not in motion, at the request, with the consent, or for the convenience of the "Charter Party". "Waiting Time" does not include normal rest stops, meal stops, or layover time for repairs. Page. 4 American Funtier,.Inc. RCT ' .Charjer Tariff 1L RULE 3. DETERMINING MILEAGE: (a) Except as otherwise specifically provided herein, Mileage will be determined by adding five (5%) per cent to the distance shown for the route taken on the current map of Texas issued by the State Department of Highways and Public Trans- portation. (b) For distances from or to points not covered by the Publication referred to in Paragraph (a) of this Rule, the actual mileage via the route of the "Charter Movement" shall be used, except that the Mileage Publication will be used for such portions of the distance as may be provided therein or ascertained therefrom. (c) In the computation of Mileage, the following will govern the disposition of fractions: Fractions of less than one-half (1/2) mile will be omitted. Fractions of one-half (1/2) mile or greater will be increased to the next whole mile. RULE 4. OBJECTIONABLE PERSONS: The Carrier reserves the right to refuse to transport any person who is under the influence of intoxicating liquor or drugs, or who is incapable of taking care of himself or herself, or who shows conduct which is such, or is likely to be such, as to make him or her objectionable to other passengers. This rule does not apply to a person who is ill and accompanied by an attendant or nurse. RULE 5. BAGGAGE: (a) Carrier neither assumes nor accepts any liability for loss, damage, breakage and/or deterioration of personal effects, baggage, musical instruments, athletic equipment and other articles and paraphernalia transported in "Charter Coach" Service. (b) Personal Baggage will not be checked in "Charter Coach" Service. (c) To the limit of the capacity of the "Charter Coach", Personal Effects, Baggage, Musical Instruments, Athletic Equipment, and other Articles and Paraphernalia, which are for Page'5 American Funtier, 'Inc. RCT 'Charter Tariff 10i. the wear, use, comfort and/or convenience of the passengers or for the purposes of the "Charter Trip", will be transported at Owner's Risk, at no additional Charge. (d) The "Charter Party" may order an additional vehicle, or vehicle of a larger capacity than needed to accomodate the passengers, to provide sufficient space to accommodate the baggage and equipment to be transported. Charges will be based on the number and seating capacities of the vehicles ordered and required to accommodate the "Charter Party" and its baggage and equipment. (e) The Carrier will not accept for transportation in "Charter Coach" Service any article the transportation of which is prohibited by Law, the Regulations of the Interstate Commerce Commission, or other applicable laws, rules or regulations. RULE 6. ANIMALS OR BIRDS: Animals or birds will not be carried on "Charter Trips" except with the specific permission of the Carrier, and then only in the custody of the "Charter Party". Where passengers bring animals or birds aboard a "Charter Coach", the Carrier will not be responsible or liable for loss, damage or injury to such birds or animals nor for damage or injury caused by the acts or actions of such animals or birds. RULE 7. LIABILITY: (a) The Carrier does not guarantee to arrive at or depart from any point at a specific time, but will endeavor to maintain the schedule submitted by its agent or employee. (b) If any Act of God, public enemies, authority of law, quarantine, perils of navigation, riots, strikes, the hazards or dangers incident to a state of war, accidents, breakdowns, bad conditions of the road, snow storms, and other conditions beyond its control, make it, in the opinion of the Carrier, inadvisable to operate "Charter Coaches" either from the "Place of Origin" or any point enroute, the Carrier shall not be liable therefor. RULE 8. CLAIMS: Except as might otherwise be prescribed by law, all Claims of whatsoever character must be filed with the Carrier Page 6 RCT • American Funtier, Inc. 'Chanter Tariff 16_ in writing within three (3) months after the commencement of the "Charter Trip" or "Charter Movement" in respect of which the claim is made.' RULE 9. APPLICATION OF CHARGES: (a) The Charges published in this Tariff'are based on the total number of passengers in the "Charter Party", plus any additional "Accommodations" ordered by the "Charter Party." When "Charter Party" and additional "Accommodations" (if any) are of sufficient size to require two or more "Charter Coaches" the Charges shown herein will be applied separately for each "Charter Coach" used. (b) Charges shown herein apply for "Charter Trips" over paved, oiled, macadam roads, or roads over which the "Charter Coach" can be operated at the time of the "Charter Trip" with safety and without undue wear. (c) All quotations are subject to the Carrier's being able to supply equipment and apply only when proper arrange- ments have been made for the furnishing of equipment and when the Carrier can properly meet with all the requirements of the City, State, National or State Park, Monument or Reservation through which the "Charter Coach" must pass. (d) When the Carrier is unable to furnish a "Charter Coach" with the exact number of seats ordered and substitutes a "Charter Coach" containing more seats, the Carrier will assess Charges on the basis of the ,total number of passengers in the "Charter Party", plus the number of additional "Accommo- dations" ordered by the "Charter Party". (e) When the "Charter Party" requests that Carrier furnish a "Charter Coach" containing more seats than required for the number of persons in the "Charter Party", Charges will be assessed on the basis of the total number of persons in the "Charter Party", plus the number of additional "Accommodations" ordered. (f) If the "Charter Coach" furnished is of greater capa- city than needed to accommodate the request of the "Charter Party", and if prior to the time the "Charter Trip" is to start from the "Place of Origin", the number of persons or "Accommodations" necessary for the "Charter Party" are in- creased, the Carrier will assess Charges on the actual number of persons in the "Charter Party", plus the increased "Accom- modations" required. Page 7' American Funtier, Inc. RCT Charter Tariff 100 (g) If the number of persons and/or "Accommodations" in the "Charter Party" is reduced prior to the time the "Charter Trip" is to start from the "Place of Origin" and the Carrier is not notified in sufficient time to permit the substitution of a "Charter Coach" of smaller capacity to accommodate the reduced number, the Carrier will assess Charges on the basis of the total number of passengers in the "Charter Party" (and "Accommodations") originally ordered by the "Charter Party". (h) When the number of persons or "Accommodations" for the "Charter Party" varies during the course of the "Charter Trip", the Carrier will assess Charges based on the maximum number of persons or "Accommodations" required for the "Charter Party" at any time during the "Charter Trip" - (i) When a "Charter Trip" is cancelled, in whole or in part, by the "Charter Party", the Carrier will assess Charges depending upon notification prior to or after the "Dispatch Departure Time", as provided below: (1) If "Charter Trip" is cancelled seventy-two (72) or more "Hours" prior to the "Dispatch Departure Time" from the "Available Equip- ment Point", no Cancellation Charge will be assessed. (2) If a "Charter Trip" is cancelled after noon of the calendar day preceding the "Dispatch Departure Time" from the "Available Equip ment Point" of the "Charter Coach", a Cancellation Charge of fifty ($50.00) Dollars will be assessed for each "Charter Coach" so cancelled. (3) If a "Charter Trip" is cancelled after the "Dispatch Departure Time", a Cancellation Charge per "Charter Coach" will be assessed which shall be fifty ($50.00) Dollars or fifteen (15%) percent of the Total "Charter Coach" Charges, whichever is greater, plus the applicable Charge for any "Deadhead Mileage" operated, and all other expenses, such as Toll Charges, Permits, Fees, Etc., incurred by the Carrier. (j) Charges for a series of "Charter Movements" con- tracted for by a bona fide Organization under a single contract, for groups of different individual members of such organization, for transportation from a single "Place of Origin" to a single designated point, operated on the following basis: Page 8 • RC American Funtier; Inc. Charter Tariff 100 (1) The first movement in the series to provide transportation of a "Charter Party" from the "Place of Origin" to a designated point, at which point the "Charter Coach" will be released and returned, without passengers, to the "Applicable Equipment Point". (2) Each succeeding movement to provide transpor- tation of a different "Charter Party" from the same "Place of Origin" to the same designated point. On the return trip of each such succeding movement, the "Charter Coach" to transport the "Charter Party" transported on the preceeding movement back to the "Place of Origin". (3) On the last movement in the series the "Charter Coach" moves without passengers from the "Applicable Equipment Point" to the desig- nated point, at which the "Charter Party" is picked up for transportation to the "Place of Origin". will be assessed on the following basis: (i) The first and last movements in the series, one-way "Live Mileage" Charges between the "Place of Origin" and the designated point, plus one-way "Deadhead Mileage" Charges between the designated point and the "Applicable Equipment Point", plus round- trip "Deadhead Mileage" Charges between the "Applicable Equipment Point" and the "Place of Origin", if any. (ii) On all other movements in the series, round trip "Live Mileage" Charges between the "Place of Origin" and designated point, plus round-trip "Deadhead Mileage" Charges between the "Applicable Equipment Point" and the "Point of Origin", if any. (iii) Time Charges shall apply if they are greater than the Charges computed under the provi- sions of Paragraphs (1) and (2) hereof. (iv) All other applicable Charges. Page.9. American 'Funtier, Inc. RCT 1 Charte: Tariff 1 (k) On "Charter Movements" which include an extended layover, the "Charter Coach" may be temporarily released by the "Charter Party" upon payment of "Deadhead Mileage" Charges, based on the round-trip mileage from the place at which the "Charter Coach" originated, provided that the total Charge computed under this basis does not exceed the Charge which would be computed under the general provisions of the appli- cable Section. RULE 10. COLLECTION AND REFUND OF CHARGES: (a) All Charges for "Charter Trips", including "Deadhead Mileage" Charges and Special Charges are payable in advance, unless credit is established with the Carrier. (b) Scrip, commutation or mileage books or coupons will not be accepted in payment of Charges shown herein. (c) A11 Charges for a "Charter Trip" must be assessed against and or collected from the person or organization ordering the "Charter Coach", and will not be prorated and collected as fares from the individuals. (d) On extended "Charter Trips", the "Charter Party" may make payments for installments. These payments must be made in advance of each part of the "Charter Trip" for which they are applicable. When such arrangements are made, the Carrier may at its option, demand deposit to cover return "Deadhead Mileage" of the "Charter Coach", if any, in case "Charter Trip" is discontinued before completion. If "Charter Trip" is completed, deposit will be applied on the last payment. (e) Subject to the availability of equipment, the routing, duration or other arrangements of a "Charter Trip", may only be changed upon approval of the Carrier. The Charges for the revised "Charter Trip" will be assessed and collected on the basis of the Rates and Charges published herein, plus any additional expenses incurred over and above those required by the original order. (1) If the rates and charges as published herein for the revised "Charter Trip" exceed the amount first paid, the difference between that amount and the proper charges as published herein will be collected. (2) If the rates and charges as published herein for the revised "Charter Trip" are less than the amount first paid, the difference between the rates and charges for the revised trip, and the amount collected will be refunded. Page '10 • American •Funtier, Inc. . RCT Charter Tariff l00 (f) Refund or credit will be made to the "Charter Party" based on the difference between the payments collected and the charges assessed in accordance with the provisions of this Tariff. Such refund or credit will be made only through the General Office of the Carrier. RULE 11. CHARGE FOR ACCEPTANCE OF CREDIT CARDS: Master Charge or VISA credit cards may be used to pay for charges made under this Tariff. If such a credit card is used to pay for a charge made under this Tariff, the Carrier shall impose a surcharge on the transaction equal to that which will be made on the transaction to the Carrier by the issuer of the credit card. RULE 12. DAMAGE TO VEHICLES: Each vehicle assigned for charter service will be in good condition, including the condition of window glass and seats. Any damage to the vehicle caused by the "Charter Party" will be charged by the Carrier to the "Charter Party". PART B: CHARGES AND COMPUTATION RULE B1. TABLE OF CHARGES: The Carrier designates the following Table of Charges to govern its equipment points in Corpus Christi, Texas and Portland, Texas. (Table follows on next page.) Page 17, RCT 1 American Funtier, Inc. Cha;rter''Tariff 10 TABLE B1 TABLE OF CHARGES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUN NUMBER OF PASSENGERS PER "CHARTER COACH" PER "LIVE MILE" PER "DEADHEAD" MILE TIME CHARGES FIRST 5 HOURS OR LESS EACH ADDITIONAL HOUR MAXIM 24 HO PERI 32-39 Passengers .... 40-46 Passengers .... $ 1.15 $ 1.35 $ .75 $ .75 $150.00 $150.00 $ 18.00 $ 18.00 $350.0 $350.0 When there are more than forty-seven (47) passengers in a single "Charter Coach", the following Charges will be added to the Charges shown for forty-seven (47) passengers, for each additional passengers: Per "Live Mile" $ .025 Each Additional Hour $ .25 First 5 Hours or Less 2.50 Maximum 24 Hour Time Charge 6.25 RCT ' Page 12 "''American Funtier, Inc. ."'Chat er Tariff RULE B2. APPLICATION OF CHARGES: (a) The Charges published in this Section are based on the number of passengers per "Charter Coach", as provided in the individual Table of Charges. (b) When the number of passengers in the "Charter Party" varies during the course of the "Charter Trip"•the Carrier will assess Charges based on the maximum number of passengers in the "Charter Party" at any time during the "Charter Trip". RULE B3. COMPUTATION OF CHARGES: (a) The Table of Charges in Rule B1 contains six (6) Columns. The application of these Columns is as follows: COLUMN 1 - Number of Passengers per "Charter Coach". COLUMN 2 - "Live Mileage" Charge per mile per "Charter Coach". COLUMN 3 - "Deadhead Mileage" Charge per mile per "Charter Coach". COLUMN 4 - Time Charge for five (5) "Hours" or less. COLUMN 5 - Hourly Charge of each "Hour" or fraction thereof over five (5) "Hours". COLUMN 6 - Maximum Time Charge for any twenty-four (24) "Hour" period or fraction thereof. (b) The applicable Charges for a "Charter Movement" will be as shown in the Table of Charges and will be computed as provided in the following paragraphs: (1) BASIC CHARGE: The Basic Charge to be assessed will be the "Live Mileage" Charge computed under the provisions of Paragraph B of this Item, OR the Time Charge computed under the provisions of Paragraph (3) WHICHEVER IS GREATER. The Charges computed under the provisions of Paragraps (4) and (5) of this Item are to be assessed in addition to the Basic Charge. (2) "LIVE MILEAGE" CHARGE: A "Live Mileage" Charge will be assessed for each mile traversed by a "Charter Coach" between the "Place of Origin" and the "Place of Destina- tion" at the Charge shown under Column 2 of the Table of Charges. Page 13 American Funtier, Inc. ' RC] Charter Tariff 100 (3) "TIME CHARGES": A Time Charge will be assessed for each "Hour", or fraction thereof, computed from the time the "Charter Coach" is ordered to be at the "Place of Origin" to the time the "Charter Coach" is released by the "Charter Party" at the "Place of Destination". The Time Charge for the 'first twenty-four (24) "Hours" will be computed on the basis of the Charges shown under Columns 4 and 5 of the applicable Table of Charges, but not to exceed the Charge for twenty-four (24) "Hours" shown under Column 6. The Time Charge for each "Hour" over the first twenty-four (24) "Hours" will be computed on the basis of the Charges shown under Column 5 of the Table of.•Charges, but not to exceed the Charge for twenty-four (24) "Hours" shown under Column 6. (4) "DEADHEAD MILEAGE" CHARGE: A "Deadhead Mileage" Charge per "Deadhead Mile" per "Charter Coach" will be assessed at the applicable "Deadhead Mileage" Charge, computed via the shortest practical Highway Route, without passengers. (i) between the "Applicable Equipment Point" for the particular vehicle and the "Place of Origin", AND (ii)' between the "Place of Destination" and and the same "Applicable Equipment Point". (5) SPECIAL CHARGES: Special Charges provided under Rule B4 will be added to the Basic Charge computed under Paragraph (1) of this Rule. RULE B4. DEPOSITS AND FORFEITS: Unless satisfactory credit arrangements are established, a deposit sufficient to cover the Cancellation Charge, provided in Rule 9(i), Part A, hereof, must be made with each "Charter Coach" Order. If more than one "Charter Coach" is ordered, the amount of the deposit must be made for each "Charter Coach" ordered. RCT 1 Page 14 American Funtier, Inc. ' Charter Tariff 100 RULE B5. SPECIAL CHARGES: The Special Charges provided in this Rule, when applicable are in addition to the transportation and/or other Charges published in this Tariff. (a) SEATS REMOVED: A Charge of ten ($10.00) Dollars will be made for the removal of each double seat. (b) TOLL CHARGES, ADMISSION OR ENTRANCE FEES, PARKING FEES, ETC.: Bridge Tolls, Ferry Tolls or Charges, Parking Fees, Entrance Fees or Admission Charges, Toll Road Charges, etc. will be added to all other applicable charges. (c) ADDITIONAL MILEAGE: Any additional mileage operated by the Carrier, occasioned by the Act of God, bad conditions of the road, snow storms and other circumstances beyond its control will be charged for at the Charge applicable thereto. (d) ADDITIONAL NON-TRANSPORATION SERVICES: If, at the•request of the "Charter Party", the Carrier arranges to provide special equipment and supplies in the "Charter Coach" for the convenience, comfort and/or entertainment of the "Charter Party", or arranges for hotel accomodations, meals, sightseeing, entertainment or other non-transporation services, all charges incurred by the Carrier in the provision or performance of such non -transportation services will be assessed to and collected from the-'1Charter Party". The Carrier assumes no liability for accidents, damages, loss or non-performance of services on the part of any establishment with which arrange- ments formon-transporation services are made, and the Carrier's responsibility is limited to the actual transportation services contracted for by the "Charter Party". RULE B6. CITY AND SUBURBAN SIGHTSEEING AND "CHARTER TRIPS": (a) City or suburban sightseeing or "Charter Trips" operated within the corporate limits of a city or town, or within a radius of fifteen (15) miles of the point where equip- ment is held out to be available for "Charter Trips", will be as shown in Rule B1. The foregoing franchise this day presented to me is hereby accepted and agreed to by the Franchisee. MR. DEXTER WRIGHT, PRESIDENT ATTEST: AMERICAN FUNTIER, INCORPORATED J DATED this ' 7 day of ,/I,+/ 1980. • PUBLISHER'S AFFIDAVIT STAT: OF TEXAS, Iss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ELMA RODELA , who being first duly sworn, according to law, says that he is the Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice is herebygiven that the City Council of Corpus ...... Corpus Christi Caller -Times of which the annexed is a true copy, was published in on the.2.l. t day of a y consecutive / Times. 19.$A.., and once each ftitalifbilENCUR $1.1.1$ Elms Rodela' Accounting Clerk Subscribed and sworn to before me this....2.3rd•--••day of 'January Lois Winn Notary Public, ueces County, Texas PliffiffMOT I CE Notice Is the City Council of the City of Corpus Christi hrre on th 16th day of Jani.Vryl 19807 approved on lt and camber {12 gad Cretde!ga4it 1979, respect: v.1Y' -an Ora. ;11::ce Nc7.- 55303 e'rarifin% a year franchise to Amen can Funtler, incl, to al Infra city but charter servr at a fee of 4% of iroSs rev'et nue. The full text of said wilt nance Is available to the pigs- Ilc In the of flee of -the City Secretary. WITNESS my hand thl 17th day of January, 1930. -5-8111 G. Read, City Secretary City of Corpus Christi, Texas PUBLISHER'S AFFIDAVIT _.u.STATE OF TEXAS, _ �ss: County of Nueces. ) =xi Before me, the undersigned, a Notary Public, this day personally came ' Elma Rodela who being first ly sworn, according to law, says that he is the Accounting, Clerk of the_Corps Christi Caller and The Corpus Christi Times, Daily l'i wspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice is hereby giventhat the City Council of the City of CoreusChristi.... Corpus Christi Caller -Times'_ of which the annexed is a true copy, was published in on the._1? ._ day of December 19 79., and once each ]fttilliiiilltikXrdt- e^nsecutive._..__.. 1. Times. 11„.14.70 Elma Rode]. Accounting Cler Subscribed and sworn to before me this 20th day of December Lois Winn Notary ub&lcc,, Nue ounty, Texas 1979 NotPUBLICNOTICaisY pE he Clic a y Zbpnd1 of me City of Corpus Christi NIA Ion the 12111, day oflDecember, 1979, appred an orrdinan eon ranting a five year, franchise to American Funder, Inc., to operate In- fra city bus charter service at a ,fee of 4% of gross reve- nance is avaifull lablte to said pub- lic in the Office oftheCity Secretary. y WITNESS my handthis 13th day of necember, 1979. -s-Blit G. Read, City Secretary Corpus Christi, Texas. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Ls. County of Nueces. Before me, the undersigned, a Notary Public, this day personally came........_........ Elma Rodela , who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Accounting Clerk Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _Rub1is.iloti,ce Notice is hereby given thatthe City Council of the City of, Corpus Christi—, of which the annexed is a true copy, was published in .__....._..._0sarrpus Christi Caller -times on the.24th_ day of December 19 79 , and once each %tom 1 Times. ) 16,10 Subscribed and sworn to before me this Elma Rodela Accounting Clerk 28 day of December 19.79......- Lois Winn Notary Public, Nueces County, Texas 4. 1 PUIlLiC NOTICE Noncee''s hereby given that the City?ouncd of the City of Corpus Christi has, on the - 191h dsy of December; 1979, approved a second.reading, previously approved`onvlst reading, an ordinance grant• ing a five year franchise to American Funder, Inc., to operate intra city bus char- ter service at a fee of 496 of gross revenue. The full text of said ordinance Is available to the public In the Office of the City Secretary. WITNESS my hand this - 20th day of December, 1979. s• Bill G. Read, City Secretary City of , Corpus Christi, Texas it "Section 9. Forfeiture and Penalty. • (a) The City shall have the right to investigate the manner of operation of service of the Franchisee as it pertains to this franchise, for the purpose of securing the City safe and efficient bus services as provided herein. During normal business hours, the Franchisee shall make available to the City all of its records relating to matters covered by this franchise and shall permit the City to audit,.examine and make excerpts, copies or transcripts from such records." 7. Correcting minor grammatical and spelling and typographical errors. PASSED AND APPROVED 9---eQ�»�Q�,� �4; /9 77 4. Delete the present Section 4 and in lieu thereof, add the following: "Section 4. Payment to the City. (a) As consideration for the privileges herein granted, Franchisee shall pay to the City, four percent (4%) of the Franchisee's gross revenues from the bus services which are provided under authority of this Franchise. (b) Said payments shall be made monthly on or before the 15th day of each calendar month based upon the gross receipts as described in sub- section (a), for the preceding calendar month. (c) It shall be the duty of the Franchisee to file with the Director of Finance of the City of Corpus Christi, a sworn statement showing all receipts of said Franchisee deriving from service provided under authority of this Franchise. Said verified statement shall be filed within fifteen (15) days following the end of each month. Franchisee shall install and maintain an accounting system which accurately reflects Franchisee's activities generating revenues subject to the provisions of subsection (A) of this Section. Such system shall be approved by the Director of Finance. 5. Amend Section 5 by deleting the words "not be effective prior to" and in lieu thereof inserting the words "take effect" following the words "which new schedule will" and before the words "30 days after such filing;", said Section, 5 to hereafter read as follows: - "Section 5. .Rates of Fare. - The services of the Franchisee shall be offered and performed on a tariff schedule attached hereto as Exhibit A. A change in the tariff can be effected by Franchisee's filing a new tariff schedule with the City Secretary and the Director of the Department of Traffic and Transit, which new schedule will take effect 30 days after such filing; provided that, if the Director of Traffic and Transit gives notice of objection to the new schedule, the Franchisee must obtain approval from the City Council prior to putting the new schedule into effect." 6. Amend Section 9 by deleting the word "charter" in the second line, between the words "pertains to this" and "franchise", and adding the words "safe and" between the words "securing the City" and "efficient" and deleting the words following, "and economical", so that Section 9, subsection ' (a) hereafter reads as follows: MOTION 1(.u.. . 1 !ln �� da n �, moved and CJcz 414,1 Akow t� ' seconded the motion that the Ordinance read on the first two of three readings on December 12, 1979 and December 19, 1979, respectively, proposing to grant a five-year franchise to American Funtier, Incorporated, to operate bus services upon the public streets and highways of the City of Corpus Christi, be amended prior to its third and final reading as follows: 1. Amend the introductory paragraph by inserting the words "and special party bus service" between the words "charter bus service" and "described herein", said introductory paragraph to hereafter read: "WHEREAS, the City Councilhas duly considered the application of American Funtier, Inc. for a franchise to operate and maintain the charter bus service and special party bus service described herein for transporting passengers, baggage and packages'over, upon, and through the public streets of the City of Corpus Christi, Texas; and" 2. Amend Section l.by adding the words "and 'special party bus service'" between the words "charter bus service" and "upon the public streets", said Section 1 to hereafter read as follows: _ "Section 1. Nature and Duration of Franchise. For and in consideration of the Franchisee's equipping, maintain- ing, and operating in the City the bus service herein authorized, the City grants to the Franchisee for a term of five years, the right and authority to operate and maintain buses for 'charter bus service' and 'special party bus service' upon the public streets and highways of the City, within the corporate limits of the City as those limits now exist or may be altered from time to time." 3. Amend Section 2 by adding a subsection (f) to hereafter read as follows: "(f) 'Special party bus service' means that bus service provided in transporting wholly within the limits of the City and the suburbs thereof a number of passengers which the Franchisee itself has assembled into a travel group for the purpose of a particular trip."