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
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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
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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.
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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.
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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.
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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
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"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
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' 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.
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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".
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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.
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American Funtier,.Inc.
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.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.
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'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
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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.
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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:
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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.
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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.
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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."