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11-Approve ordinance for extension of exsisting franchise
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11-Approve ordinance for extension of exsisting franchise
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CITY CLERK
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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 />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 sliall be made as <br />compensation for any properry 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 />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 />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 />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 />Section 22. That this taxicab franchise ordinance was introduced, read, and passed on <br />first reading on November 9, 2009, at a regular meeting of the City Council of the City of Paris; <br />read and passed on second reading on December 14, 2009, at a regular meeting of the City <br />Council of the City of Paris; and, read and passed on third and final reading on January 11, 2010, <br />at a regular meeting of the City Council of the City of Paris, the same being three (3) separate <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 />85 <br />
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