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HomeMy WebLinkAbout18130 ORD - 03/21/1984AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE AIRPORT LIMOUSINE SERVICE FRANCHISE BY THOMAS TOPE, JR., TO THE TEXAS RIVIERA TRANSPORTATION, INC.; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a consent to the assignment of the airport limousine service franchise by Thomas Tope, Jr., to the Texas Riviera Transportation, Inc., a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action so that the abovementioned franchise can be reassigned at the earliest possible date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of March, 1984. ATTEST: Cit' y Secr yr , MAYOR APPROVED: ;-ISrDAY OF MARCH, 1984 J. BRU E AYClCK, CITY ATTORNEY By istant ity ttorney THE CITY OF CORPUS CHRISTI, TEXAS 9�� SE? 81 18130 CONSENT TO ASSIGNMENT CONTRACT FOR LIMOUSINE SERVICE THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City") entered into a Contract for Limousine Service with Airport Transportation of Corpus Christi, Inc., a Texas corporation (hereinafter "Assignor") dated May 1, 1981; WHEREAS, the City authorized a new schedule of fares for Airport limousine service by ordinance duly adopted on January 11, 1984, at which time said Contract for Limousine Service was amended to provide for more detailed monthly revenue statements and for Assignor to bring current all arrearages on amounts owed the City; and WHEREAS, Assignor proposes to assign all of its rights, title, and__interest in the aforesaid Contract for Limousine Service to Texas Riviera Transportation, Inc., a Texas corporation (hereinafter "Assignee");. THEREFORE, for and in consideration of the City's Consent to Assignment of the aforesaid Contract for Limousine Service from Assignor to Assignee, Assignee and the City agree to the following terms, covenants and conditions: 1. Assignee agrees that, as a condition to the City's Consent to Assignment contained herein, all arrearages on amounts owed the City under the Contract for Limousine Service dated May 1, 1981 shall be paid in full and all charges paid current to the date of assignment. 2. Assignee agrees to provide to the City, in addition to its certified monthly revenue statements as required by Paragraph III of the Contract, monthly reports showing usage of the limousine service and fares collected on a per passenger basis in a form acceptable to the City. The City and Assignee agree that the provisions contained in the amendment to the Contract adopted as Article XV on January 11, 1984, shall be repealed as of the date of this Consent to Assignment and be of no further force or effect. 3. The City and Assignee agree that the five percent (5%) of gross revenues paid to the City as compensation under the Contract shall apply to all revenues derived from the operation of a limousine service at the Airport, including the revenues derived from all trips having destinations outside the City limits of the City. 4. The Assignee agrees that in the event Assignee becomes delinquent in the payment of any of the charges or compensation due the City under the Contract, Assignee shall pay to the City a late payment charge equal to 5% of the delinquent amount. On accounts delinquent for more than 30 days, Assignee agrees to pay an additional late payment charge equal to 1-1/2% of the delinquent balance which shall accrue at the beginning of each additional month of such delinquency. All of the aforesaid late payment charges shall be assessed and payable as additional franchise compensation under the Contract. 5. The Assignee agrees to fully indemnify, save and hold harmless the City, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property caused by the negligence or fault of Assignee, its agents, employees or independent contractors, in its operations under said Contract. Assignee agrees to carry the following insurance coverages in lieu of the insurance requirements in Paragraph IX of the Contract: A. Automobile Liability Insurance in the minimum amounts of $100,000 for bodily injury or death per person, $300,000 for bodily injury or death per occurrence, and $25,000 for property damage. B. Comprehensive General Liability Insurance in the amounts of $100,000 for bodily injury or death per person, $300,000 for bodily injury or death per occurrence, and $25,000 for property damage. C. Workers Compensation Insurance as required by law. Assignee agrees to name the City as an additional named insured in each of the aforesaid policies and provide the City certificates of insurance indicating the retention of the above coverages and maintain the same in full force and effect throughout the term of said Contract. •6. Assignee agrees to comply with all laws, statutes, ordinances and regulations, whether adopted by the United States Government, the State of Texas, the City, or any governmental agency, applicable to Assignee's operations under the Contract. 7. Assignee agrees to perform paging services for the general public at the Airport and handle all incoming telephone calls on the City's airport information number. -2- In witness whereof, the parties hereto have executed this Consent to Assignment in duplicate originals, both of equal force and effect, on this day of March, 1984. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary Edward A. Martin, City Manager APPROVED: March , 1984 J. Bruce Aycock, City Attorney By Assistant City Attorney By Assistant City Manager ATTEST: TEXAS RIVIERA TRANSPORTATION, INC. By: By: Its Its -3- Corpus Christi, �5 Te s *day of - , 198/ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR Council Members THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed: y the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18110