HomeMy WebLinkAbout15430 ORD - 03/26/1980•
AN ORDINANCE
GRANTING MESSRS. J. M. JONES AND RICK LIENDO, DBA CORPUS
CHRISTI LIMOUSINE SERVICE, A FRANCHISE ON AND OVER THE
PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A
LIMOUSINE SERVICE; PROVIDING FOR A CHARGE OF FOUR PERCENT
(4%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE THE 10TH
DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR
MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS
WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR
MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING
FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT
SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE
WITHIN THIRTY (30) DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The right and privilege is hereby granted to Messrs.
J. M. Jones and Rick Liendo, dba Corpus Christi Limousine Service, hereinafter
called Grantee, for a period of five (5) years from the effective date hereof,
to operate a limousine service, as same is hereinafter defined, along and over
the public streets, alleys and thoroughfares of the City of Corpus Christi,
under and subject to the terms and restrictions herein set out.
SECTION 2. (A) During the operation of said limousine service
over and upon the public streets, alleys and thoroughfares of the City under
the terms of this franchise, and for the period of this franchise, the owner
thereof shall pay to the Collection Section of the Department of Finance, in
lawful money of the United States, four percent (4%) of the gross receipts
measured by the total fares collected and other income including advertising
receipts derived from the operation of the limousine service, or such rate as
may be provided in any regulatory ordinance regulating the operation of said
limousine service, whichever may be the greater.
(B) Said payments shall be made monthly on or before the 10th day
of each calendar month based upon the gross receipts of the said business for
the preceding calendar month.
(C) It is understood that the payment of the monies as herein
provided shall not be considered so as to affect or prevent any forfeiture
of permits for nonuser or otherwise, as is now, or may in the future be
provided for by City Ordinance. The compensation herein provided for shall
be in lieu of any other fees or charges imposed by any other ordinance now in
force during the life hereof, except that in event of conflict the higher
charge shall be paid, but in no event shall the Grantee be released from the
payment of any ad valorem taxes levied.
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15430 MICROFILM_
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SECTION 3. It shall be the duty of the Grantee to file with the
Director of Finance of the City of Corpus Christi, a sworn statement showing
all receipts of said Grantee, which said verified statement shall be filed
within ten (10) days following the end of each month. Grantee shall install
and keep an adequate system of bookkeeping to be approved by the Director of
Finance which books shall be subject to inspection by the governing body of
the City and any person or persons the said City may designate, or either of
them, so as to enable the City to check the correctness of the accounts kept
and the amount of gross receipts, street rental fee or charge due it by virtue
hereof.
SECTION 4. A "limousine service" as contemplated in this ordinance
includes the luxurious, prearranged transportation by chauffeur -driven vehicle
of individuals or groups from or to formal occasions or special events other than
for funeral services, not upon a fixed schedule or over a fixed route, the charge
for which is determined by the length of time for which the vehicle is engaged,
the distance traveled, a fixed fee or any combination of such methods of deter-
mining such charge. It shall not include the operation of a taxicab service or
airport limousine service furnishing merely transportation of persons and prop-
erty from point to point for hire. A "vehicle," as used in this ordinance, shall
mean every automobile or motor propelled vehicle used to convey passengers under
this franchise, irrespective of whether the operations extend beyond the city
limits of the City of Corpus Christi. Vehicles engaging in limousine service
under this franchise: (1) shall have no external identification markings; (2)
need not contain a taximeter; (3) shall not solicit business on public streets
or sidewalks of the city; (4) shall not utilize city taxi stands, and (5) shall
not park or operate upon the streets of the city, except when under hire, travel-
ing directly to or from their garages for maintenance or storage purposes, or
picking up passengers. "Taxi Ordinance" as used herein shall mean Sections
57-20 to 57-149, inclusive of the City Code, currently or as amended.
SECTION 5. All vehicles operated by Grantee under this franchise
shall be modern, safe and of adequate construction, shall be kept in good
repair, clean and meet inspection and safety provisions.
SECTION 6. Grantee shall comply with all traffic regulations and
ordinances now in force in the City of Corpus Christi, and the laws of the
State now in force, and shall comply with such ordinances and State laws which
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in the future may be enacted. Grantee shall never permit the vehicles operated
hereunder to be used in violation of any criminal statutes, State or Federal,
but Grantee shall keep reasonable supervision over the vehicles operated here-
under for the purpose of preventing such vehicles being used in violation of
any laws.
SECTION 7. Grantee must carry such public liability security as is
provided by ordinance. Before this franchise shall become effective, Grantee
shall furnish to the City of Corpus Christi a good and sufficient policy of
public liability and property damage insurance or bond, or cash bond as now
provided by any existing ordinance applicable to taxicabs or the operations
of Grantee; and should the City Council, by ordinance, require a different
type of bond or insurance, or require that all limousine service companies
carry a policy of insurance, or increase the face amount of such bond or insur-
ance, Grantee shall have thirty (30) days from the date of passage of such
ordinance in which to comply with the terms hereof.
SECTION 8. At the termination of the five-year period hereinabove
set forth, this grant shall terminate and be of no further force and effect.
SECTION 9. Grantee shall own all vehicles operated by him in said
business and shall hold legal title to said vehicles in his name, and upon
demand therefor shall exhibit certificates of title for all vehicles to any
authorized representative of the City of Corpus Christi.
SECTION 10. Grantee shall report and pay when due and before be-
coming delinquent any charges, rental, street rental fees or obligations,
contractual or otherwise, which the City may now, or subsequently, be author-
ized by the Legislature of the State of Texas to impose and collect or which
are now, or may be, imposed by valid ordinance duly and legally enacted by
the City Council.
SECTION 11. Grantee shall render, in accordance with provisions
of the Charter of the City of Corpus Christi and the State laws governing
the rendition of property, and pay to the City before same shall become
delinquent, all ad valorem taxes against each vehicle and all personal
property used in the conduct of Grantee's limousine service business.
SECTION 12. The services of the Grantee shall be offered and
performed on a rate schedule attached hereto as Exhibit "A". A change in
the rates of fare can be effected by Grantee's filing a new rate schedule
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with the City Secretary and the Director of the Department of Traffic & Transit,
which new schedule will take effect 30 days after such filing; provided that, if
the Director of Traffic & Transit gives notice of objection to the new schedule,
the Grantee must obtain approval from the City Council prior to putting the new
schedule into effect.
SECTION 13. If any part of this ordinance shall be held invalid, no
valid parts thereof shall be affected thereby.
SECTION 14. This ordinance shall be binding only upon the acceptance
thereof in writing by the said Messrs. J. J. Jones and Rick Liendo, dba Corpus
Christi Limousine Service, within thirty (30) days after the final passage there-
of, and full compliance by Grantee with the terms hereof as to public liability
security, condition of vehicles, payment of rentals, and with the terms of
existing ordinances that may affect such operation. If this grant is not
accepted within the time prescribed, Grantee shall no longer have the right
to operate a limousine service within the City of Corpus Christi.
SECTION 15. "Grantee" as herein used shall be construed as singular
or plural, according to whether one or more than one person at the particular
time may be the owner of this grant.
SECTION 16. This franchise, and the permits held by Grantee in
connection with said franchise, may be sold, transferred and inherited; pro-
vided, however, that any sale or transfer shall be first presented in writing
to the City Council for its approval or disapproval based upon the best interest
of the public; the City Council in approving or disapproving any such sale or
transfer of this franchise, and the permits owned in connection therewith, may
take into consideration all of the requirements and qualifications of a regular
application, and apply same as necessary qualifications of any proposed purchaser
or transferee. "Sale or transfer" as used herein includes the transfer of stock
in a corporation where such transfer would give the new owner ownership of 10%
or a plurality of the corporations' stock, or where such transfer would alter
effective control of the corporation. Sales or transfers of stock not re-
quired to be approved under this section shall be reported to the Taxicab
Inspector.
SECTION 17. The franchise granted by this ordinance shall not be
and is not intended to be an exclusive franchise.
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SECTION 18. The Grantee shall operate his vehicle so as to give
good service, employ drivers that meet the requirements of the present existing
ordinances affecting similar operations, or that meet such requirements as may
be required by ordinance. Each operator of any motor vehicle operated under
the terms of this franchise shall comply with all of the ordinances of the
City of Corpus Christi and the laws of the State of Texas, now provided and
as may hereafter be provided, regulating drivers of limousine services and
motor vehicles for hire.
SECTION 19. The City Council shall have the right to modify or
change or amend or add to this ordinance in order to make the provisions
thereof more completely meet the limousine service situation in Corpus Christi,
including the right of the City Council to charge the gross receipt tax payable
under Section 2 of this ordinance, or such charge which is necessary to better
protect the public, or if the City Council deems it desirable to incorporate
all provisions of City law governing the limousine service business in this
franchise rather than have a separate ordinance.
SECTION 20. Failure to comply with any of the terms of this fran-
chise, or of the Taxicab Ordinance, as applicable, or any other ordinance
applicable to Grantee, shall be grounds for suspension or revocation of this
franchise. Proceedings to suspend or revoke this franchise shall be governed
by the Taxicab Ordinance, as applicable.
The foregoing franchise this day delivered to me is hereby accepted
and agreed to by the Grantee.
Dated this 0/ day of1980.
ATTEST: Mssrs. J. M. Jones and Rick Liendo
dba Corpus Christi Limousine Service
Ja-
By
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EXHIBIT
"Au
RATES:
$30 an hour [minimum of two (2) hours];
$300 for twelve (12) continuous hours and $25 per
hour thereafter; or
$.90 per mile, whichever is greater.
That the foregoing ordinance was read for e first time an assed to its
Q
second reading on this the �p day of ,_ , 19 )� , 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 a econd time a d passed to its
third reading on this the 21 day of p,�, 19jd , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foreghojing ordinan
on this the v`� day of
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky nn
PASSED AND APPROVED, this the �i day ofQtit�[, 19QO
was r ad for thejthird time and passed finally
, 19110 , by the following vote:
ATTEST:
Secretary
y
APPROVED: G
y® DAY 0 , 19Q O:
J. BRUCE AYCOCK, CITY A ORNEY
By F'—{CJ ' /I•
Assistant Ci
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MAYOR G
THE CITY OF CORPUS CHRISTI, TEXAS
15430