93-002 ORD GRANTING MCKINLEY JOHNSON, DBA PRIDE OF PARIS TAXICAB, FRANCHISE TO USE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF COP

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(b) To fix such rates for service to the public as are not in conflict with the express provisions hereof as will provide for grantee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to the public under this franchise; (c) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be rendered to the public under this franchise, any such rules and regulations when adopted to be binding upon the grantee herein. Section 14. Motor vehicles operated by grantee under this franchise shall be known as "public service vehicles" and when not in use in the exercise of the privileges granted herein each of such vehicles shall be stationed or parked at the headquarters of the grantee herein, which headquarters shall be located on private property. Section 15. The word "taxicabs" as used in this ordinance shall mean any passenger vehicle with not more than two seats and a normal capacity not in excess of six persons, which is not operated over a fixed route or routes and which is engaged for the purpose of carrying a passenger or passengers, by special trips to and from specified addresses as designated by any such passenger or passengers. Section 16. That the grantee shall promptly pay all lawful ad valorem taxes, and such other levies and assess- ments, if any, that may be lawfully imposed upon it. Failure to pay any of such charges or either of them shall be deemed a breach of the privilege granted herein and the City, upon the happening of such event, may declare the rights of the grantee hereunder forteited for such breach. Section 17. This grant is made upun the express conditions that the nonexercise of the power to regulate rates and charges which the grantee may charge to the public in the operation of its business shall never be construed as an acquiescence or recognition of the justness or correct- ness of said grantee's established rate, and that so long as the governing body of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the grantee herein shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regulation shall never stop the City from determining the real or actual value of property used or useful in rendering such service. If, and when, the City Council or other governing body shall exercise the power to f ix the rates to be charged for such service in the City of Paris no allowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the grantee herein for such service. If, and when, the City Council decides to regulate rates, then at such time the Council will fully exercise its rate regulatory power under the provisions of law applicable thereto, and the failure to provide under this ordinance the machinery for the administrative, legislature or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitabie provisions to enforce such power. Section 18. Should it be determined that any clause, condition, or covenant of this franchise is, for any reason, illegal or unenforceable, such clause, condition or covenant shall be disregarded and the existence of the same shall not affect the remaining clauses, conditions or covenants of this franchise.