HomeMy WebLinkAbout19311 ORD - 05/13/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT FOR LIMOUSINE
SERVICE WITH TEXAS RIVIERA TRANSPORTATION, INC. OF CORPUS
CHRISTI IN ACCORDANCE WITH ARTICLE III, CHAPTER 57,
SECTION 57-150, OF THE CITY CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a
contract for limousine service with Texas Riviera Transportation, Inc. of Corpus
Christi in accordance with Article III, Chapter 57, Section 57-150, of the City
Code, for a period of three years beginning May 1, 1986 and ending April 30,
1989, 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".
05P.152.01
1931.1 MICROFILMED
CONTRACT
LIMOUSINE SERVICE
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENT:
COUNTY OF NUECES
This contract made and entered into by and between the City of Corpus
Christi, Texas, hereafter referred to 'as "City" and Texas Riviera
Transportation, Inc., hereafter referred to as "Grantee", upon these terms.
WITNESSETH
Whereas, the City is the operator of Corpus Christi International Airport
(hereafter "Airport") and operates said Airport for the promotion,
accommodation and development of air commerce and transportation; and,
Whereas, Grantee desires to conduct limousine 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 hereafter
set forth:
ARTICLE I
RIGHTS, PRIVILEGES, USES AND INTERESTS
A. Grantee shall have the right to engage in passenger service between
the Airport and various points in the City or points as requested by
passengers. Service shall begin one half hour before the first departure
and one half hour after the last arrival of flights, each day of the week.
B. Grantee shall provide an adequate number of in-service limousines each
of which shall be of top quality with a seating capacity of a least nine
(9) passenger and have manufacture's standard integraded air conditioning
and heating system, two-way radio communications with dispatch and baggage•
capacity commensurate with its passenger capacity. Each vehicle shall be
marked "Airport Limousine" and have an individual identification number
easily visible to the public.
The Airport Director shall be permitted to inspect the vehicles at all
reasonable times and places to insure the proper quality and appearance of
the vehicle.. Each vehicle shall be regularly inspected and operated at all
times under the approval of the City's Taxicab inspector.
C. Grantee shall provide all its employees who are in contact with the
general public with uniforms and accessories which meet the approval of the
City. Drivers shall be licensed to operate a limousine in accordance with
all applicable laws.
Grantee shall 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 Grantee's operation under
this contract.
D. Grantee agrees to perform paging service for the general public at the
Airport and handle all incoming telephone calls on the Airport information
num l r, during grantee's hours of operation under the contract, begi
one half hour prior to the first departure and ending one half hour'after
the last flight arrival each day. The aforesaid service shall be provided
by Grantee at no cost to the City, other Airport tenants or the public.
ARTICLE II
TERM AND RENT
A. 1. Primary term of this contract shall be for a term of three (3)
years commencing on May 1, 1986 and ending on April 30, 1989 unless
extended in accordance with the provisions herein.
2. The Grantee shall have the option to renew this contract for a
three (3) year term, upon the same term and conditions and upon giving
thirty (30) days advance notice in writing.
8. 1. Rental: .Grantee agrees to pay the City a monthly rental of six
percent (6%) gross revenues from the operation of vehicles under this
contract and franchise and two percent (2%) of gross revenues from the
transportation of baggage.
2. Payments shall become due and payable on the tenth (10th) day of
each month without further billing. In the event Grantee shall become
delinquent on the payment of any of the rentals due herein, Grantee shall
pay a late charge of $25.00. Past due payments shall bear interest at the
rate of 10% per annum.
3. Records and Reports: Grantee shall, with respect to business
done by it under this franchise, keep true and accurate records, accounts,
books and data, which shall show all the gross receipts of said business.
The term "gross receipt", as used herein, shall be construed to
mean for all purposes hereof, the aggregate amount of all services
performed for cash and credit to clients of every kind, name and nature,•
regardless when or whether paid for or not. Provided however, that the
term "gross receipts" as used herein, shall not be construed to include
taxes (including sales taxes or other similar taxes or impositions imposed
on or by reason of sales or charges) where billed to the customers by
Grantee as'a separate item.
4. Grantee shall, on the tenth (10th) day of each month, during the
term hereof, submit to the City, a detailed statement showing the gross
receipts hereunder for the preceding calendar month. Grantee shall also
submit a copy of Quarterly Financial Statements or State Quarterly Sales
and Use Tax Reports or Annual Income Tax Return, which ever is applicable.
The City and its agents shall have the right at all reasonable
times, to inspect and audit such books, records, and other data relating to
Grantee's business hereunder, or may be required in the judgement of the
City or its auditors, to confirm the gross receipts as defined herein.
5. Grantee shall pay all lawful taxes and assessments which, during
the term hereof, or any extension as provided for herein, may become a lien
or may be levied by the State, County, or any other tax levying lobby.
--Upon making such payments, Grantee shall give to the City a copy of the
receipts and vouchers showing such payment.
6. Upon the commencement date of the term of this co'ritradt, Gr e
agrees to furnish a performance bond in the amount of $2,500.00. rhe
performance bond shall guarantee the performance of the `service and
Grantee's other obligations. The performance bond shall be in a form
agreeable to the City and shall remain in full force and effect during the
term hereof.
7. If Grantee shall have failed in the performance of any covenant or
condition herein required to be performed by Grantee, City shall give
Grantee notice in writing of the grounds of default providing a five day
period in which to correct such default. Should Grantee fail to correct
alleged deficiency, the City shall give an additional five day notice in
writing of forfeiture or termination of contract. -
ARTICLE III
INSURANCE AND INDEMNIFICATION
Grantee -shall tie'solely responsible to all parties for its respective acts
or omissions and these of its agents, employees, servants and invitees, and
the City shall in no way be responsible therefor. In the use of the
Airport and in the exercise and enjoyment of the- rights herein granted,
Grantee will indemnify and save harmless the City, its agents and
employees from any and all lawsuits, demands, liabilities, losses or claims
for damages or personal injuries including death or property damage which
may arise or which may be alleged to have arisen from any negligence or
other act or omission on the part of Grantee, its agents, employees,
servants, construction contractors and invitees. The indemnification
includes all costs and expenses, awards, judgments, legal fees or penalties
including cost of defense, arising from any such claim or claims.
Grantee further agrees to carry public liability and property damage
insurance upon any and all vehciles operated and space used inside the
terminal building under the terms of this article as follows:
Bodily injury one hundred thousand dollars ($100,000)
per person; three hundred thousand dollars ($300,000)
per accident; property damage fifty thousand ($50,000)
per accident; workers compensation insurance as
required by law.
Grantee shall name the City as an additional insured in each of the
aforesaidpolicies and provide the City certificate of insurance indicating
the retention -of the above coverages and maintain the same in full force
and effect'throughout the term of said contract.
A.
ARTICLE IV
GENERAL PROVISIONS
Grantee shall not assign or transfer this lease without the written
consent of the City being first obtained.
B he_ City shall provide for. Grantee's Limousine Service a.t.the D '
Ch ti International Airport suitable and adequate parking spaces -Fos se
parking of four (4) vehicles, two of which shall be at a location' easily
accessible to arriving passengers who may request limousine transportation.
Adjustments will be made by the City in the event that such number of
parking spaces is either not adequate or is more than adequate.
City shall further furnish space in the terminal so that the Grantee's
employees shall have a place from which to conduct operations and render
efficient service. Such space shall contain a floor area of at least forty
(40) square feet and shall be designated by the Airport Director.
Grantee shall post signs or placards in conspicuous and convenient
places announcing the availability of limousine service, however, any such
signs shall have the prior approval as to color, size and location, by the
Airport Director.
City shall give Grantee's limousine service protection from
encroachment upon this franchise by taxicabs, livery conveyances, public -
conveyances, private conveyances, and City shall make such rules as are
generally in the benefit of the public, including keeping taxicabs at a
sufficient distance from the operation of the limousine service so that
such taxicabs will not interfere with the operation of the Grantee's
limousine service. No use shall be made of any of the Airport property or
any structures thereon by Grantee's employees other than as herein
specifically provided.
Maximum charges to be made by Grantee for the transportation of
passengers for hire over the public streets and thoroughfares of the City
of Corpus Christi shall be the sums set out in section 52-152 of the City
Code of Ordinances.
Notices, payments and reports to the City provided for herein shall be
sent addressed to the Director of Aviation, Corpus Christi International
Airport, Route 2 Box 902, Corpus Christi, Texas 78410. Notices to Grantee.
shall be sent addressed to William X Howerton, President, Texas Riviera
Transportation, Inc., 6934 Aswan, Corpus Christi, Texas 78413
IN WITNESS hereof, the parties hereto have executed this contract on this
day of 198
CITY OF CORPUS CHRISTI
ATTEST
City Secretary
APPROVED:
•
This h day of�
2'C _198_
City Attorney
City Manager
Asst. City Manager
•
That the foregoing ordinance wau read for t first time and Spa sed to its
second reading on this the 21_ day of , dl�ii
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordinance yie
third reading on this the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
read fort second time and 19sa�sed ., by
thets
ay of ��N
Joe McComb.
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the fore oirg ordinan was read tfor 19J'en hi, the
byime
n this the /j day of
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Stro
PASSED AND APPROVED, this the /3' day of
ATTE. :
City Secretary
PROVED:DAYOF , 19(X
- »
and passed finally
following
vote:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19311
STATE OF TEXAS,
County of Nueces. }°s'
PUBLISHER'S AFFIDAVIT
AD #1717
CITY OF CC/CITY SECRETARY
"MARGARET RAMAGE me, the undersigned, a Notary Pobliq this day Personally cam
..�_..__......._..........................._...... _......._.... who
COMMUNITY RELATIONS SUP... being first duly sworn, according to law, says
.. ................................. . of the Co , .
OR
Daily Newspapers � �� �� Christi Caller and The Corpus Christi
published at Corpus Christi, tea.
that
is the
Tezas, in said County and State, and that the Publication of
NOTICE OF PASSAGE OF ORDINANCE
chthe a..... _...._......._._....__....
of whi nnexed is a true copy,
was published is Caller- ._.
12th. May-. T_ Mmes pub Co
on the day oL......_...____ _ .... __
86
and once each..._ day _ one
consecutive. ..... ...-day ___thereafter far..._-_
ONE
39.10 MARGARET RAMAGE
Subscribed and sworn to before me this. 13th
EDNA KOSTER 11-30-88
Orty-Of•Cor
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZING THEEXECU
TION OF A CONTRACT FOR
LIMOUSINE SERVICE WITH
TEXAS RIVIERA TRANSPOR-
TATION, INC. OF CORPUS
CHRISTI IN ACCO DANCR
1NITH ACTIO 57-160, OF
THE CITY CODE FOR A PERI-
OD OF THREE YEARS
BF.GINNING MAY 1,
AND ENDING APRIL 30,
1989; GRANTEE AGREES TS 7
'PAY THE CITY A MONTHLY
RENTAL OF SIX PERCENT
0961 GROSS REVENUES
FROM THE OPERATION OF
' VEHICLES AND TWO ROSS
CENT l2%1 OF G
REVENUES FROM THE
•TRANSPORTATION OF BAG-
GAGE. roved 1
Wes passed and app
on 11115.1 reading_ by the City 1
of Corpus
COanci, Tethe
mon the 29th day
Christi, 1986 and the full
to APris
able to the publiaid c in the Office
of the City Secretary.
/5/ Armando Chapa
City Secretary
CorpusChristi• Texas
ra
0
4-.4--,:15,16 17 g's
Ct,kei \O V)1
1 co
GAN G -i,v E
2(�LEOE6' .t.0
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, jss: AD# 29700
County of Nuecea, CITY OF CORPUSCHRISTI
CITY SECRETARY' •
Before me, the undersigned, a Notary Public, this day personally came.
4URIEL LA RUE
who being first duly sworn, according to law, says
SENIOR ACCOUNT]NG CL flJ, 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 ON FIRST READING AUTHORIZING THE
of which the annexed is a true copy, was published in CAT.i.FR_.TiMES...P.UBL.ISIII.NG...CII—______.
on the...? day of NAY 19 8.6 and once each.thereafter for Jane
consecutive c1aA
ONE Times.
41.40 MURIEL LA RUE
21 epu,l,
Subscribed and sworn to before me this 6.t}1. f MAY... 19...8 .._
EDN!{ KOS7ER L -30-88
Notary Public', Nuece County, Texas
NOTICE OF PASSAGE OF
ORDINANCE ON
SECOND READING
AUTHORIZING THE EXECU-
TION OF A CONTRACT FOR
IMOUSINE SERVICE WITH
TEXAS RIVIERA TRANSPOR-
TATION; INC. OF CORPUS
CHRISTI IN ACCORDANCE
WITH ARTICLE III, CHAPTER
57, SECT5ION 57-150, OF
THE CITY' CODE FOR A PERI-
OD OF THREE Y jg86S
BEGINNING MAY 1,
AND ENDING APRIL 30,
1989; GRA`NTEE AGREES TO
PAY THE CITY A MONTHLY
gT
AO
G SS OFSIX
PERCENT
''3REVENUES
FROM THE OPERATION OF
VEHICLES %1 AND OFW GROSS
CENT I2
REVENUES FROM THE
TRANSPORTATION OF BAG-
GAGE. roved
Was passed and app
by the City Council on second
reading on May 6. 1986. The
full text of said ordinane is
available to the public in1he
Office of the City Secretary.
• /s/ Armando Chaps
City SecretelY
Corpus Christi, Texas
S910.
11111 *%6
7.
ctri