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05 Yellow Cab Franchise Ord
City-of-Paris
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05 Yellow Cab Franchise Ord
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Last modified
10/17/2007 5:34:41 PM
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10/17/2007 5:34:40 PM
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AGENDA
Item Number
05
AGENDA - Type
PUBLIC HEARING
Description
Public Hrg & 2nd Reading Yellow Cab Franchise Ordinance
AGENDA - Date
10/22/2007
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<br />(2) To fix such rates for service to the public as are not in conflict with the <br />express provisions hereof and as will provide for Grantees a reasonable and fair rate <br />of return upon the fair value of the property used and useable in connection with the <br />rendering of service to the public under this franchise; and, <br /> <br />(3) To make such other rules and regulations as may be reasonably necessary <br />to facilitate clean and professional taxicab service to be rendered to the public under <br />this franchise, any such rules and regulations, when adopted, to be binding upon the <br />Grantees herein. <br /> <br />Section 14. That motor vehicles operated by Grantees under this franchise shall be known <br />as "taxicabs" and, when not in use in the exercise of the privileges granted herein, shall be stationed <br />or parked at the headquarters of the Grantees, which headquarters shall be located on private <br />property . <br /> <br />Section 15. That the word "taxicab," as used in this ordinance, shall mean any passenger <br />vehicle with not more than three rows of seats and a normal capacity not in excess of seven <br />passengers which is not operated over a fixed route or routes and which is engaged for the purpose <br />of carrying a passenger, or passengers, by special trips to and from specified addresses as designated <br />by any such passenger or passengers. <br /> <br />Section 16. That the Grantees shall promptly pay all lawful ad valorem taxes and such other <br />levies and assessments, if any, that may be lawfully imposed upon them. Failure to pay any of such <br />charges, or either of them, shall be deemed a breach of the privilege granted herein, and the City, <br />upon the happening of such event, may declare the rights ofthe Grantees hereunder forfeited for such <br />breach. <br /> <br />Section 17. This grant is made upon the express condition that the non-exercise of the power <br />to regulate rates and charges which the Grantees may charge to the public in the operation of their <br />business shall never be construed as an acquiescence or recognition of the justness or correctness of <br />said Grantees' established rate, and that, so long as the City Council of the City of Paris does not <br />exercise its legislative and governmental power to fix and regulate the rates that the Grantees shall <br />charge to the public, the question of property values used and useful in the rendering ofthe service <br />prior to rate regulation shall never stop the City from determining the real or actual value of property <br />used or useful in rendering such service. If, and when, the City Councilor other governing body <br />shall exercise the power to fix the rates to be charged for such service in the City of Paris, no <br />allowance in the way of said rate shall be made as compensation for any property used or consumed <br />in rendering the service by the Grantees for such service. If, and when, the City Council decides to <br />regulate rates, then, at such time, the Council will fully exercise its rate regulatory power under the <br />provisions of law applicable thereto, and the failure to provide under this ordinance the machinery <br />for the administration, legislative, or executive control of such matter shall not preclude the Council <br />from fully exercising that power and providing suitable provisions to enforce such power. <br /> <br />Section 18. That any unwarranted and intentional neglect, failure, or refusal of the Grantees <br />to comply with any of the conditions and stipulations contained in this franchise shall thereupon <br />immediately, ipso facto, effect a forfeiture hereof, and the City Council may, thereupon, declare this <br />franchise forfeited and may exclude the Grantees from further use of the streets of the city under this <br />franchise, and the Grantees shall thereupon and immediately surrender all rights in and to the same, <br />and this franchise shall become null and void and of no effect. <br /> <br />Page 4 of 5 <br /> <br />T T'T'- <br />
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