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17 Franchise
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17 Franchise
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Last modified
3/20/2009 2:38:53 PM
Creation date
3/20/2009 2:38:52 PM
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AGENDA
Item Number
17
AGENDA - Type
ORDINANCE
Description
17 Franchise
AGENDA - Date
3/23/2009
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<br /> <br /> <br /> <br /> any of such charges, or either of them, shall be deemed a breach of the privilege granted herein, <br /> and the City, upon the happening of such event, may declare the rights of the Grantees hereunder <br /> forfeited for such breach. <br /> <br /> Section 18. This grant is made upon the express condition that the non-exercise of the <br /> power to regulate rates and charges which the Grantees may charge to the public in the <br /> operation of their business shall never be construed as an acquiescence or recognition of the <br /> justness or correctness of said Grantees' established rate, and that, so long as the City Council of <br /> the City of Paris does not exercise its legislative and governmental power to fix and regulate the <br /> rates that the Grantees shall charge to the public, the question of property values used and useful <br /> in the rendering of the service prior to rate regulation shall never stop the City from determining <br /> the real or actual value of property used or useful in rendering such service. If, and when, the <br /> City Council or other governing body shall exercise the power to fix the rates to be charged for <br /> such service in the City of Paris, no allowance in the way of said rate shall be made as <br /> compensation for any property used or consumed in rendering the service by the Grantees for <br /> such service. If, and when, the City Council decides to regulate rates, then, at such time, the <br /> Council will fully exercise its rate regulatory power under the provisions of law applicable <br /> thereto, and the failure to provide under this ordinance the machinery for the administration, <br /> legislative, or executive control of such matter shall not preclude the Council from fully <br /> exercising that power and providing suitable provisions to enforce such power. <br /> <br /> Section 19. That any unwarranted and intentional neglect, failure, or refusal of the <br /> Grantees to comply with any of the conditions and stipulations contained in this franchise shall <br /> thereupon immediately, ipso facto, effect a forfeiture hereof, and the City Council may, <br /> thereupon, declare this franchise forfeited and may exclude the Grantees from further use of the <br /> streets of the city under this franchise, and the Grantees shall thereupon and immediately <br /> surrender all rights in and to the same, and this franchise shall become null and void and of no <br /> effect. <br /> <br /> Section 20. That the grant of this franchise shall be and is hereby expressly conditioned <br /> upon the right of the City Council to adopt an ordinance or ordinances regulating the activities <br /> authorized herein, and upon adoption of said ordinance or ordinances, the City Council reserves <br /> the right at its discretion to supersede this ordinance with the requirements of said regulatory <br /> ordinance or ordinances, even if the term of this ordinance has not expired. <br /> <br /> Section 21. That within ten (10) days after the passage of this ordinance by the City <br /> Council, the Grantees herein shall file with the City Clerk, in writing, the acceptance of the terms <br /> and provisions of this grant. <br /> <br /> Section 22. That this taxicab franchise ordinance was introduced, read, and passed on <br /> first reading on February 9, 2009, at a regular meeting of the City Council of the City of Paris; <br /> <br /> read and passed on second reading on March 9, 2009, at a regular meeting of the City Council of <br /> the City of Paris; and, read and passed on third and final reading on March 23, 2009, at a regular <br /> meeting of the City Council of the City of Paris, the same being three (3) separate regular <br /> meetings of the City Council of the City of Paris, and the last reading being not less than thirty <br /> Page 5 of 6 <br />
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