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HomeMy WebLinkAbout15431 ORD - 03/26/1980,2-i9-80 • AN ORDINANCE GRANTING MRS. IMOGENE PICKETT, DBA ALOHA TOURS AND SERVICES, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR 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 PRE- CEDING 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 Mrs. Imogene Pickett, dba Aloha Tours and Services, hereinafter called Grantee, for a period of five (5) years from the effective date hereof, to operate a scenic motor tour 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 scenic motor tour 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 scenic motor tour service, and/or guide service, or such rate as may be provided in any regulatory ordinance regulating the operation of said scenic motor tour or guide 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 pro- vided 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. 15431 • 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 "scenic motor tour service" as contemplated in this ordinance includes the rendering of a sightseeing service to individuals or groups from or to fixed points or for predetermined periods of time, conveying the participants for the purpose of displaying to them the various natural and manmade points of interest and the economic and cultural institutions of the City of Corpus Christi and the surrounding area, and shall not include the operation of a taxicab service furnishing merely transportation of persons and property from point to point for hire. Services may also include guide service in vehicles owned by participants. A "vehicle", as used in this ordi- nance, 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. "Taxicab Ordinance" as used herein shall mean Sections 57-20 to 57-149, inclusive, of the City Code, currently or as amended. SECTION 5. A11 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 scenic motor tour service companies carry a policy of insurance, or increase the fare amount of such bond or insurance, Grantee shall have thirty (30) days from the date of passage of such ordinance in which to comply with the terms thereof. 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 her in said business and shall hold legal title to said vehicles in her name, and upon demand therefor shall exhibit certificates of title of all vehicles to any authorized representative of the City of Corpus Christi, excepting from this section vehicles such as buses, limousines, or rent cars which are used tem- porarily by the Grantee where such temporary vehicles are under franchise and control by the said City and provided that they are made subject to all regu- lations of this ordinance excepting only as to ownership by Grantee; and further excepting any vehicles owned by the customer where Grantee furnishes guide service. SECTION 10. Grantee shall report and pay when due and before becoming 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 scenic motor tour service business. SECTION 12. Grantee hereunder may charge such rates as are now, or may in the future, be set by ordinance passed by the City Council. • 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 accep- tance thereof in writing by the said Mrs. Imogene Pickett, dba Aloha Tours and Service, within thirty (30) days after the final passage thereof, 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 scenic motor tour 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 pro- posed 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 corporation's stock, or where such transfer would alter effective control of the corporation. Sales or transfers of stock not required 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 her vehicles 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 scenic motor tour 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 hereof more completely meet the scenic motor tour 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 necessary to better protect the public, or if the City Council deems it desirable to incorporate all provisions of City law governing the scenic motor tour 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. SECTION 21. The Grantee shall not be authorized to operate under this franchise a bus or omnibus with a seating capacity for twenty (20) or more passengers. The foregoing franchise this day delivered to me is hereby accepted and agreed to by the Grantee. Dated this 6 day of ATTEST: Mrs. Imogene Pickett dba Aloha ours and Service That the foregoing ordinance was read for tlf f'rst time and passed to its second reading on this the oPO day of aiva , 19 XO , 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 econd time and passed to its third reading on this the a27 day of , 19J0 , 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 r ad for th third time and passed finally on this the .j day of �/ :1_ , 19 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky / PASSED AND APPROVED, this the c day of c , 1910 ATTEST: C ecretary MAYO APPROVED: 7-0 DAY 0 , 19/0: J. BRUCE AYCOCK, CITY A ORNEY By Assistant City, 15431 THE CITY OF CORPUS CHRISTI, TEXAS • PUBLISHER'S AFFIDAVIT STATE OF TERAS, l89: County of Nneces. 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 hereby f$ven that the City Council of the City. of Cornus Chrisf5,.. of which the annexed is a true copy, was published in _....._.. Corpus Christi Caller -Times on the 25thday of F!bruary. 19 80., and once consecutive.. w.__. 57 ----- E1ma Rodela �� ®&Q Accounting Clerk Subscribed and sworn to before me this 28th day of February _ 19 80 Lois Winn .. Notary lc, Nueces County, T as PUBLIC NOTICE Notice Is hereby.ggl van that the 'Ity Council of fr9 Clty of 'Corpus Christi has, on the h day of February, 1900, on lra7 reading, an -ordinance granting Mrs Imogene Pickett, dba Aloha Tours and Services, a fran- chise on and over the public/• street, alleys end public thoroughfares of the City of! Corpus Christi, for the purl pose of operating a scent fnotor tour service; provid Ing for a charge of lour per Cent (4%) of gross receipts t be paid on or before the 10t % day of each calender mont for the preceding calends month; providing for the 111 Ind of a statement of receipt within fen (10) days follow_ mor-thend of each calendar nth; providing for public liability security; providing for p ;aper supervision; pro- v)dlny for date when this 1 grant shall become effective -'byon granteeee within thince in rty) (30) days. The full text o1 said or- dinance Is available fo the public In the Office of the City Secretary. WITNESS my hand this 71st day of February, 7900. -s-glll G. Read, City Secretary CIty of Corpus __ ____ Chrlstl, Teoa J PUBLISHER'S AFFIDAVIT 5T' TE dF TEXAS, ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally 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 NOTICE OF PASSAGE OF ORDINANCE NO 15430 GRANTING MESSRS. J.M. JONESANDRICK LIE = L of which the annexed is a true copy, was published in ____Qsg4s Chsist.L_Ce,Uer.:DELes on the 31st day of March 195° _, and once each. consecutive.. ..a _Times. 45.43 Elms Roder Accounting Cle Subscs4bed and sworn to before me this_._ 3rd ..__,day ofApril 19.80 Lois Winn Notary Public Nueces Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. 1J Before me, the undersigned, a Notary Public, this day personally came..__.._____—.--.- ELMA RODELA w, who being first duly sworn, according to law, says that he is the AccounCing Clerk of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of public notice Notice is hereby given that the City Council of the City of .Corpus Christi.... of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the._3rd day of_ March 19_89 and once 1 _._._Times. $,31.57 __Elms Rodela., Accounting Clerk Subscribed and sworn to before me this 1 ...-.-day of._..DISINSh Lois Winn Notary P 19..80.. lic, Nueces County, Texas NOTICE OF PASS. OF ORDINANCE NO. 1140 GRAN-TING MESSR K N, JONES ADUS LIENDO, DB CORPR I C CHRISTI .MOUSINE SER- PUBLIC R4NCHISE ON PUBLIC NOTIC AND OVER --HE PUBLIC Nouse Ie hereby. STREETS, ALLEYS AND the City Council el PUBLIC THOROUGH- Corpus Christ( he. FARES OF THE CI FOR 27th day of Februer, / CORPUS CHRISTI, having on second re6 y. THE PURPOSE OF OPER- on pte71our1y appproc4 ATINGALIMOUSINESER- an first 11atl(n9 0n the oro, VICE, PROVIDING FOR A dayof and CHARGE OF FOUR PER- dlnence granting Messrs. J. CENT I4%) OF GROSS RE- M. Jones end Risk Liendo, CEIPTS TO BE PAID ON dbe Corpus Christ) Limou- OR BEFORE THE 10TH aloe Service, a public s lee an DAY OF EACH CALENDAR and over the blit streets, MONTH FOR THE PRE- alleysand public thorough- CEDING CALENDAR fares of the City of Corpus MONTH; PROVIDING FOR Christi, for the sine seryop.ice; THE FILING 7 A STATE- ererlrr�pallmoualneservi�e; MENT OF RECEIPTS providing for a charge of WITHING TEN (10) DAYS four percent (4%) of gross FOLLOWING THE END OF receipts to be paid on or be- EACH CALENDAR fore ins 10th dey 00 each cal- MONTH; PROVIDING FOR ender month for the prated. PUBLIC LIABILITY SE- Ino calendar me,ilh; PROPER PROVIDING FOR provident for the filing 00 a PROPER SUPERVISION; SE- statement (10) days receipts within PROVIDING FOR DATE ten (10) days following the WHEN THIS GRANT end 0l each calender month; SHALL BECOME EFFEC• providing fur public liability TIVE UPON ACCEPTANCE security. in; sing for Prop- IN WRITING BY GRANT- erw alonldrovidingfor EE WITHIN THRIGV (30) date w thea Brent shell DAYS. become effective y(30))yon ee• WAS PASSED AN APPROV• The grant- full nl texceptance 1h t ly (30, oat.. Eub- D Dtyy of Corpus puenChr�stl, The Tull text of sold 0rd1- Taxes, duringty the Regular, ticnenen Secretary. fico of thavailable to e Clty Cnth ouncil of urch1g etl980t a. Secretary. 2:00 p.m. and providing pub WITNESS my hand this Ilcetl one time In the 0Hl- 28th day of February, 1980. tial publication of Inc CNy W -a-Bill G.Read, Corpus Christi, Texee. City Secretary ISSUED UNDER MY HAND City of Corpus AND SEAL of the City 0f Christi, Texas 5 the us Christ MTexeach51980. -daY s-BIIirG. Reed, city Secrettya t Corpus Christi, Tex05. • STATE OF TEXAS. County of Nueces. }ss: PUBLISHER'S AFFIDAVIT 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 limes. Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice is hereby given thath the City Council of the City„of Corpus Christi.... of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the 3rd day of March _ 1982_, and once consecutive. g 33.88 Subscribed and sworn to before me this_ Elms Rodel Accounting Clerk l9thday of _March-___ _ _..._^._.... 18...80 Notary'ublic, Nu Texas Lois Winn PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. J J 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 limes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpus Christi,,.. of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the....25..thday of Feb.>:uary 19_$4_, and once each. consecutive ..___ _ ..... $.._2.49._.....__. __.__ Elms Rodela _._...._...___--- Accounting Clerk Subscribed and sworn to before me thislith.r___day of_._liars h. 19...81..._ r��-uL Notary Public, Nueces County, Texas c Lois Winn PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ........ E1ma.Rodela who being first duly sworn, according to law, says that he is the Accountin.E_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 NOTICEOF PASSAGEOF ORDINANCE NO. 15431 GRANTING MRS. IMOGENE PIC1<tTT, DBA ALOHA of which the annexed is a true copy, was published in _..c.Qa8 413TitiSr#.-41,1x=.=I) on the 31 day of_Mctrch..__, 19 80 , and once each_ ••— consecutive. 1. __Times. $ 44.66 Elma Rodela_ Accounting Cleric\ Subscribed and sworn to before me this_. 3rd day of_.._. April NotaryPubL Nueces County, Texas 1980 Lois Winn PUBLIC NOTICE Notice Is hereby given the Inc City Council of the City Corpus Christ, -as, on th 27th day of Feeuary, 1980 ...Approved on second reading i; Saving prevAusly approve on first rm-0410 on the 200 day of February, 1900, an or dlnance granting Mrs. Im gene Pickett, dba Aloh Tours and Services, a Iran chits on and over the pub)) streets, alleys and pub) thoroughfares of the City Corpus Christi, for the pur pose of operating a scenl motor tour service; 17809191 'Mg for a charge of four Or cent (456) of gross recelpfet be paid on or before the let day of each calendar mont for the preceding calenda month; providing for 000 111 Ind of a statement of mei within ten (10) days follow Ing the end u1 each calends month; providing for publi liability security; providin or proper supervision; pr viding for date when thi grant shall become effectly upon acceptance In writing by grantee within thirty (30) days. The full text 511 said or dinence Is available to th public In the Office of th CIty Secretary. WITNESS my hand th '21th dew of February, 1900. -1-13111 G. Read, CItY Secrete City of Corpu Christi, Texas! PUBLIC NOTICE Notice Is hereby given that' the City Council of the City o1 Corpur Christi has; on the }0th day of Februe 1910, approved orlfirst r Ittg, an ordinance ggrantIn ' Mrs. Imogene Pickett, dba Aloh Tours end Services, a Ira chile on and over the-publl l street, of the pub r ppooseu01 Christi, ng the scent motor tOur service; provld Ing for a charge of four per cent (4%) of gross receipts be paid 011 or before the lath day of each calendar month for the preceding calendar month; providing for the fil- ing of a stetemelrt of receipts wnigt 00011 caloendar month; providing for public Ilability security; providing for proper supervision; Pro- viding for date when this grant shedd become effective upon acceptance in writing by grantee within thirty (31) days. The full text of 'alder dlnance Is available to the lONice of the City Secretary. WITNESS my hand thls 71st day of February, 1910. -s-9111 G. Reed, Cly Secretory Cly of Corpus, Chrlstl Texas NOTICE O.PA�SAGE OF;II:INAhCE GRANT1063( GENE MS.IALOHAK,I.T, DEA VICES, AOVR3 AND SER- AND- OVr FRANCHISE ON STREFi R THE PUBLIC PUp• ;TS, ALLEN'S AND THOROUGH- ...ARES OF THE CITY OF ORPUS CHRISTI, FOE THEOPE ATINGURP A S EN CSEFMOTOR TOUR SERVICE; PROVID- ING FOR A CHARGE OF FOUR PERCENT (6%) OF. GROSS RECEIPTS TO BE PAID ON OR BEFORE THE Y OF EACH CAL- ENDARAMONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATE- MENT OF RECEIPTS WITHIN TEN Ill). DAYS FOLLOWING THEND OF EACH CAL NDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SE- CURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN T -HIS RANT SHALL BECOMEGEFFEC- TIIVE UPON ACCEPTANCE E+E WITHING THIRTY A(30) DAYS. - AS PASSED AND PROVED by the City Council of the City of Corpus Christi, Texas, during the Regular Counall Meeting held on the 76th day of March, 1910, at 2:00 p.m. and providing pub - Haitian one time In the offi- cial publication of the City of Corpus Chrlstl, Texas: - - ISSUED UNDER MY HAND AND SEAL of the City of Corpus 27th Christi, MacTexas this 1900. 4-13111 G. Reed, City Secretary City of Corpus Christi, Texas.