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.
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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
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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