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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. YW6Zqlg 15430 MICROFILM_ • 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 • 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 • • 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. • 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 • • 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 • MAYOR G THE CITY OF CORPUS CHRISTI, TEXAS 15430