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HomeMy WebLinkAbout1967-0510 - Ordinance - 02/27/1967BOORUM & PEASE ORDINANCE NO. 510 AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO JOSEPH GAUTREAUX, GRANTEE, AND HIS SUCCESSORS AND ASSIGNS, TO OWN AND OPERATE, IN ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, AND WAYS, OF THE CITY OF COLLEGE STATION, TEXAS, A LIMOUSINE SERVICE: PROVIDING FOR THE FIXING OF RATES, FOR AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES, FOR REPEAL OF CONFLICTING ORDINANCES AND PARTIAL INVALIDITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That the right, privilege and franchise be, and the same is hereby, granted to Joseph Gautreaux, hereinafter referred to as the "grantee", and his successors or assigns, subject to the terms and conditions hereinafter set forth, to use the streets, alleys, avenues and public ways of the City for the operation of a limousine service. ANNUAL CASH CONSIDERATION TO BE PAID BY THE GRANTEE. As the cash consideration for this franchise the grantee agrees to pay to the City annually during the continuance of this agreement twenty-five (25) DOLLARS. DELEGATION OF AUTHORITY. That the city may delegate to a designated official or officials the exercise of any and all of the powers conferred upon the City hereby or by applicable State statutes and law which relate to the supervision and regulation of the grantee in his exercise of the rights and franchises herein conferred, but the governing body of the City of College Station, Texas, shall reserve to itself exclusively the power to fix and regulate charges and rates. All lawful powers not delegated by the governing body of the City of College Station, Texas, are reserved to, and shall be exercised by, said governing body exclusively. RATE REGULATION. That it is mutually understood and agreed that the rates to be charged to inhabitants of the City of College Station, Texas, for limousine service shall be fixed and regulated by the governing body of said City of College Station, Texas, in accordance with the statutes and laws of the State of Texas; provided, however, that such rates and charges shall be sufficient to provide the grantee with a fair return on the fair value of his property used and useful in the rendition of such services to passengers. The grantee is permitted to charge rates for his service in the City of College Station as fixed and determined by Ordinance duly enacted by the City of College Station, Texas, from time to time. 01243 Ordinance No. 510 Page 2 The rates upon commencement of service shall be: From Airport to M. S. C. and North -gate area From Airport to North-east area of College Station For trips out of the city limits of College Station, an amount not to exceed $1.00/passenger $1.25/passenger . 30/live mile The City, in granting this franchise, desires that the rates for limousine service to be furnished by the grantee within the City of College Station shall always be reasonable, and to this end, the City shall have at all times full power and authority to investigate, fix, and regulate such rates under its charter and regulatory powers to the extent permitted by the laws of this State. The City shall have full power to investigate and shall consider the quality of service rendered by the grantee, the fair value of his property, his revenues and expenses, and shall allow a fair return upon such property value, and give proper consideration to each fact which has or may have a bearing upon the matter of reasonable rates in accordance with the law. In order to ascertain such facts, the City shall have full power and authority to inspect or cause to be inspected the books of the grantee, and to inventory and appraise, or cause to be inventoried and appraised, the property of the grantee, and to compel the attendance of witnesses at any hearing. It is further agreed that the grantee will not at any time change any rate without presenting an application to the City for such change. The City reserves the right to refuse to allow any change in the rates after a hearing based upon the facts as found. PERIOD OF FRANCHISE. The right, privilege and franchise hereby granted shall be for a period of one (1) year from the date of passage and approval of this ordinance, subject to the conditions hereinabove and hereinafter set forth. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. That nothing herein contained shall be construed as giving to the grantee any exclusive privilege, SUCCESSORS AND ASSIGNS. That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the party hereto and upon his respective successors and assigns, provided, however, that the rights herein conferred shall not be assigned to any individual, partnership or corporation without the written consent of the City of College Station, Texas. PARTIAL INVALIDITY AND REPEAL PROVISIONS. That if any section, sentence, clause, or phrase of this or %,44 for any reason held to be illegal, ultra vires, or unconstitutional, such invalidity shall not Ordinance No. 510 Page 3 affect the validity of the remaining portions of this ordinance. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. LIABILITY OF CITY. That during the period this ordinance is in existence and enjoyed by the grantee, the grantee shall indemnify and hold harmless the City from any all claims for losses, damages, and injuries occasioned to or sustained by any persons, firms, or corporations, or their property by reason of the existence, maintenance, operation, or continuance of this ordinance and the exercise of all rights herein contracted for, except as herein otherwise provided. DEFAULT AND FORFEITURE. In the event of the default of the grantee in the doing or performing of any of the terms and conditions herein stipulated to be performed by it, or required under any proper ordinance regulating the grantee, and the furnishing of limousine service hereunder, and if such default shall be persisted in, after twenty (20) days' written notice, and after the facts of such default shall have been established in court, the rights herein granted shall become subject to forfeiture at the suit of the City, provided the court considers the best interests of the City demands a forfeiture; however, in any such forfeiture proceedings, if default is finally established, the grantee shall be adjudged to pay all cost of such proceedings. In any final judgment or forfeiture, reasonable time shall be fixed by such Board or court thereafter to correct the default as finally decided, and if corrected and costs paid within such time, the forfeiture shall not become effective. The City, through its City Council, for good cause, may enlarge the time allowed the grantee by this franchise to do any act required of it by this franchise, or by the Board, and the grantee shall be bound to do such act within such enlarged time, and in case of failure, forfeiture proceedings as herein provided for may be had hereunder, as if such enlarged time were originally provided herein. PUBLICATION OF FRANCHISE. That this franchise and ordinance has been presented by application of the grantee to the City Council of the City of College Station, and as finally proposed, it is ordered that same be published in the City of College Station, one time, which publication shall be made at the expense of the applicant, and this proposed ordinance shall not be changed unless republished as in the first instance, nor shall same take effect or become a law or contract, or vest any rights in the applicant, until after the expiration of twenty (20) days from said publication, and pending the time such ordinance may become effective, it is hereby made the duty of the City Council of the City of College Station, Texas, to order an election, if requested so to do by written petition signed by at least Forty percent (40%) of the legally qualified voters of said City of College Station, Texas, as shown by the tax roll for the year preceding, at which election the qualified voters of said City shall vote for or against the proposed grant, as set forth in detail by this ordinance. Ordinance No. 510 Page 4 Such election shall be ordered not less than ten (10) days, nor more than thirty (30) days, from date of filing said petition, and if at said election, the majority of the votes cast shall be for the granting of said franchise, said ordinance shall thereupon become effective; but, if the majority of the votes cast at said election shall be against the granting of such franchise, such ordinance shall become null and void. If, however, there is no petition presented as aforesaid, said ordinance shall be effective within the time as herein provided. ACCEPTANCE OF AGREEMENT.. That the grantee shall have thirty (30) days from and after the passage and approval of this ordinance to file his written acceptance thereof with the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force from and after the date of its passage and approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof. APPROVED this ATTEST: ( -'i.. City Secretary 27th day of February , 1967. Mayor 01246