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HomeMy WebLinkAbout16176 ORD - 04/08/1981jkh:3-25-81i1st AN ORDINANCE CANCELLING ORDINANCE NO. 13130, AS AMENDED BY ORDINANCES NO. 13461 AND 15161, FOR A TERM BEGINNING JUNE 15, 1976 AND ENDING JUNE 14, 1981, EFFECTIVE ON APRIL' 30, 1981, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR LIMOUSINE SERVICE WITH AIRPORT TRANSPORTATION OF CORPUS CHRISTI, INC. FOR A PERIOD OF FIVE YEARS BEGINNING MAY 1, 1981 AND ENDING APRIL 30, 1986, WITH A PROVISION THAT ALL MONIES DUE THE CITY OF CORPUS CHRISTI OWED BY THE PREDECES- SOR BE PAID IN FULL, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 13130, as amended by Ordinances No. 13461 and 15161, for a term beginning June 15, 1976 and ending June 14, 1981, effective on April 30, 1981, be and the same is hereby cancelled. That the City Manager be authorized to execute a contract for limousine service with Airport Transportation of Corpus Christi, Inc., for a period of five years beginning May 1, 1981 and ending April 30, 1986, with the provi- sion that all monies due the City of Corpus Christi owed by the predecessor be paid in full, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. MICROFILMED 111276 "SEP 271984 CONTRACT FOR LIMOUSINE SERVICE THE STATE O. TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into ;:his the day of , by and between the CITY OF CORPUS CHRISTI, a municipal corporation, acting herein by and through its duly authorized City Manager,. hereinafter called "City", and Airport Transportation of'.. Corpus Christi, Inc. hereinafter called ".Grantee", WITNESSETH: Grantee -is hereby granted the right and privilege of conducting and operating a.L•imousine Transportation Service to and from the Corpus Christi• -international -Airport and other points in and about the City under the terms and conditions and for the consideration hereinafter set forth: • r Grantee is_to'-operate motor vehicles for hire as same are herein- after defined and as hereinafter set forth for a period of five (5) years, -commencing- '- My -1, 1981 and ending • II April 30,• 1986• ;The operation of the-afarementioned Limousine Service is restricted a_the carrying -of -passengers -between and to and fromthe International Airports Corpus Christi_,and,the„foIicwirg:,zones he centerline- of the Navigation District Shi Ch-ne-F eitenaing,rron a"western boundary to be known as- Co•r'n ProductsRRoad -and FM Road 763, to +the centerline of •- •Y; ,r -,_?r.. -n -. ..may„ 'the Harbor-BridSe and -continuing on -along the western edge of the north traffic, lane of U.S. Highway 181 to the . sh'ore ,of I ueces Ba' n ' .:.. li- e"` y;°�and:bounded�on the'soutil by.a Iine: beginning at._te shore of Corpus Christi [lay where Morgan - t.•reet extended would meet: the shorel ine Corpus Tof Christi BaYfand continuing westward along the centerline of Morganp = _r___.7. _ x t�:et rd ffie7 Browasvi7le Road ` na A - Tz -- cresta,_. Old-,, ro l' R .: Los.tiie City-Limits`-,a�4:6- i the ZONE 2 EAST - All of that area of the City lying North of Navigation District Ship Channel and Vest of the Western edge of the Northbound traffic lane of U. S. :iighway 181 exte,.ding Northward from the centerline of Said Navigation District Ship Channel to the edge of Nueces Say; and including•,all that area south of the south line of` Zone 1 and lying. North and West of Doddridge • 'Street and Weber Road within the City Limits - $4.50; • ZONE 2 WEST - All the area lying West of the FM Road 763 - Corn -Products Road and East of Violet Road - $4.50; ZONE 3 EAST - Allot_ the area within the City of Corpus Christi lying South.and_East of Doddridge Street and Weber Road and West of Oso Creek -_ $6.00; ZONE 3 WEST - All of the area lying between Violet Road and _ the_West_ City_ Lim ts_ of Corpus Christi - $6-o0; ZONE 4 - —All the -area lying South of Oso Creek to the southern limits-or_the-City, which in general includes -Flour Bluftand the Naval.Air Station - $9.50 with a • uaxiinuin Of=$19_00-"per-trip to or. from. the Naval Air - Station:,Grintee may_limit his pick -mo on the Naval Air tati ontitoone': po int. ny fare_;cha "ee cartnotbe=madewithout the -prior approval of the Ci orpus_Christi,=anti an};request..for=such•charge-must-be based upon new;,cos•i r'actors and_ not -factors that -existed at the time' of 'execution of thiscontrac Fares to -and -Frorn points,outside-of•the City ,to and from the Airport wi, pay the Franchise4ee based on -the fare charged in Zone 1. .e;�••.III -.. compensation, Gra.itee-shal~ the gross'revenuefror the operation: of franchise -except that gross revenue deri ».�;,,-^:>•. - - r,., moi:_ :.,�. �- -= ;,;; ;:� s'.=., ..--••- on which the Grantee shall pay. ry l :pay unto the City - _ vehicles under this contract'and ,Y ved-.from the-transportation,of baggageTi ,:said amount to be payab1e.nht e=close atneach morrth-gat,�� �.cfi4Cime=of" : " tsig .. .... a c•"•,.i. ,ems mJ.,t,., .y rev;,.,Ua be sL:bmi l.,.d,4.:,3 •,a,.. •�• S��d ���� a true an.i aecu."ate se.: .i; :;ooia sho:,ino the number or the i",_ i ipts i;iie;',. , :.. , which records shall be t:, the C:ty at a,l reasonabie es anc, said City shall have .,,c to audit said records periodicafy. The payme,: s herein provided sr.ui 1 be made ac the office of the Air;ort ,ai;agger of the Corpus Christi ;.i:ernatioial Airport. Grantee agrees to pay all monies due City by the former contract holder. • IV A motor vehicle for hire, as used in this contract, shall mean ,very auteinobile or motor -propelled vehicle used for the transportation for ir,ra aver the-pua;ic streets and public thoroughfares of the City of Corpus Christi for the purpose -of hauling and transporting fare -paying passengers L..d crployeas-of ne various airlines to and from the International Airport ei' ;:he City of Corpus Christi a,.c 2.sewhcre as specified herein. Grantee els to furnish passe, -,ger ",-mousines or other su•itahle passenger vehicles „r ...he standard of quality-s,3ecified by the Airport Advisory Board and the J,i'.•,.ort. Manager,. or such other suitable motor vehicles as may be first approved ,.y tae Airport %aaage'r,-Airpo.'t Advisory Board and the City Council; further _ ,.did"ing',rhd:: said vehicles shall b6 kept and maintained in a good condition, _- ':lea." -an ea.t_botiii•'-;ri,s de anci"out, and free from „io✓.mechanical defects. u=lai�l+rused'as--an airport limousine shall be identified by _?}�r eiatomania"on each.front dcor:.oanel.readicg."Airport-'Limousine. inimuai heicht _' EacP, limousine--sha-lfl a, ry portrAanager shall be permitted to inspect the e• timas and.places to insure the proper qual fty and: a pearance`of.the=vehic-es— Each:veh'icle must,'as long as it is in service be reguiarly: spected and operated at all_•Liees under and with the approval 'r a,.-Taxichu- inspect charge to be made by. Grantee for the transportation over. the public streets and public thoroughfares of i^ - ...-Y:•,y ; 'Ctiy of: Corpus Christi shall be the -sums set out in Paragraph II above: prat ih is'c. prated;under �. � . �•��'-�`�`� 'M i•b":_r�',i. �. Z .._._ '"SB_a.3xws+a^'S vFY•�'m•Ja^ ."-' - 4 '`•7"fl:':;rt. ;le=ronstrur-_tion; =air condi e a�ntectr..,•naximui,�;.�.:;.a�..,f._, passenger loads and peak temperature and humidity conditions, subject to the. approval of the Airport Advisory Board and the Airport Manager, and shall_. comply with all ordinances and laws regulating the use and operation of motor ve;r:cles in the City of Corpus Christi and the State of Texas. VII Each operator of any motor vehicle operated under the terms of this contract shall comply with all of the ordinances of the City of Corpus Christi and the laws of the State of Texas as pre-existing and as may hereinafter be enacted regulating chauffeurs and drivers of public conveyances for hire._ Each driver shall hold a valid Taxi Chauffeur's License, and each of said drivers shall wear a uniform:of suitable design and shall be required .to be - neat and presentable while operating motor vehicle of the Grantee herein_ - VIII Grantee further agrees to comply with all traffic regulations and -ordinances now in force in the City of Corpus Christi or which may be here- -. -nafter passedb.an enforced,..insofar as the same are applicable. IX Grantee.agrees to carry public liability and property damage insurance upon any and all motor vehicles operated, and space used inside the Terminal Building -under -tae terms of -this contract as follows: ]._ Bodily injury, $10,000 per person, $20,000 per•__ accident>,_Property Damage, $5,000 per accident;_or $20;Q00- in' cash or securities.;_or- -• ' Scul certi.ficateof.insurance coverage shall be filed with the City Secretary; and is subject to the approval of the City Airport Manager. X Grantee -agrees to provide and maintain modern, efficient service 'during the life of this contract at rates not exceeding the maximum charge fixed herein or such maximum charge as may be subsequently set, and a'failure to provide and maintain such efficient service, shall be -grounds for -for fe:Lure of the rightfranchise of the�herein granted, all as isfprovided��in==* P;.r 4yrapi; XI hereof. Efficient service is defined as service that: rri meet every plane, and make delivery of every person who calls with reason- able advance notice and will provide sufficient cars to accomplish such service. As part of such service Grantee will have a dispatcher on � duty - t3 :,scar the �usirass telephone from one avid one-half hours prior to . _:•tore of t:le first flight until at least Gne-half ho.:r after the last flight departs. Upon termination of the five-year period herein provided, this contract -shall terminate and be of no further force and effect. XI In -any and all questions involving termination of the contract to maturity date,. -Grantee shall first have notice in writing of the grounds -of Claimed breach, and then have a five-day period in which to correct such alleged breach or deficiency, and then and only then may the City give ar, additional, five •(5) days notice in writing cf a City Council hearing to deterzine the question as to whether or riot said Grantee has given grounds for for eiture: or -termination of contract; provided, however, should the clrantee fail without cause for as long as forty-eight (43) Hours to furnish se, -vice to airpolft passengers, then City may, i-iithoui notice„ia rtee,iately susJend this contract and replace with other airport limousine service, re -,ding the_hearing aSove mentioned. XII .. This contract -shall. inure to the benefit of Grantee,.'his heirs, successors.-and,assijns;-provided, however, no assignment of this contrac :shall bedama effecti'te-Unless and until said assignment'is and has been a proved--bY-the City'Counci.l of the City of Corpus Christi in_ writing:-, This coi-ract shalt take. effect and be binding Upon and from, and after thed of its execution and:the compliance with the -procedural requirements for t- granting-af franchises provided in the City Charter, including the enactment? of the necessary formal resolutions and/or.ordinances by the City Council. . XIII , The City shall provide for Grantee's Limousine Service Corpus Christi International Airport suitable and adequate parking for the parking of -four (4) vehicles, unless it is determined;:-y,theCi space in the interior of the Corpus Christi International Airport Terminal',z so not Grantee's•e,mployees shall have a place fra;.which to conduct opera - .....is ',side the Terminal Building and to render efficient service. Such in-:u.—:or space s nail contain a floor area Gf at least forty (3) square feet and b2 designated by the Airport Manager. Grantee shalt post signs or p:acards in conspicuous and convenient places announcing the availability 4fj imousine service, apd.the location of motor vehiclei and method of reching same. Providing further that only such signs designating the avail. ability of ai-rportlimousine-service or the parking place of the motor -. vehicles used in such service shall be erected after the approval as to size, quality, color and location by the Airport Manager of the City_ City will provide for_a_convcniert and expeditious route to be followed by r.doing and outgoing passengers who desire to use limousine service: The City will reserve adequate parking spaces for "Airport Limousines" -within area.immdiately adjacent to the.Tet„rinal Suilding at the Corpus Christi International Airport, designed for limousine loading and unloading. City shall.further give Grantee's limousine service protection from encroach- - rc•ent upon -this- franchise by_ taxicabs,. livery conveyances, public conveyances,. private conveyances,. Arid City shall make suchrules as are in.the benefit of the publicgenerally, including keeping taxicabs at a sufficient distance- from he*eratio_nn of the.Timousine service so that such taxicabs wi1l.no , :ys =: : nterfere'with the aperation--of, the Grantee's 'imousine Service - - as�..,:r�.- ;.. � •,-r ... --e -'-- - � Necessary to protect Grantee from interference 4rhic would- detract:fron perforrance-under this contract. No signs,-•utherthan as aforesaid, shall '_be -carried on. any motor vehicle used in said service except with the apprttval_ of the Airport Manager, and such approval shall incTudethe right:-to'limi:t the size, quality, color and location onrth vehicle of any`and_all such signs.- No use shall be made of any of the= international Airport property or 'any structures thereon by Grantee'.•s u 1,57 em7loyees other than as herein specifically provided. XIV • „,,..rte;�:x Grantee agrees that he will pay all City taxes properlyy,Tevte EXECUTED IN DUPLICATE,each of which shall be considered as an original, this the day of 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPRO , AY OF , 1981 AUTHORIZED BY COUNCIL 'SECRETARY AIRPORT TRANSPORTATION CORPUS CHRISTI INC. .__Thomas Tope -Jr. That the foregoing ordinance was read for th first ime an assed to its second reading on this the i ( day of 19 % , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance was read fo he sec nd time and passed to its third reading on this the 3/ day of , 19 p/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K..Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregQing ordinanc was read for the third time and passed finally on this the Y day of , 19 $ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna.' Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the I day of , 19\ . ATTEST: City Secretary MAYOR 1n THE C ` OF CORPUS CHRISTI, TEXAS z5DAY OF i , 190 J. BRUCE AYCOCK, CITY ATTORNEY By City A orney 1C176