2242 ORD GRANTING TO MCKINLEY JOHNSON DBA PRIDE OF PARIS CAB COMPANY FRANCHISE TO USE PUBLIC STREETS ETC

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Section 13. Motor vehicles operated by grantee under this franchise shall be known as "public service vehicles" and when not in use in the service 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 14. 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 15. That the grantee shall promptly pay all lawful ad valorem taxes, and such other levies and assessments, if any, that may be lawfully imposed upon him. 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 de- clare the rights of the grantee hereunder forfeited for such breach. Section 16. This grant is made upon the express conditions that the non-exercise 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 correctness of said grantee's established rate, and that so long as the governing body of the City of Paris does not exer- cise its legislative and governmental power to fix and regulatethe 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 ser- vice. If, and when, the City Council, or other governing body shall exercise the power to fix the rates to be chargedfor 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, arJ the failure to provide under this ordinance the machinery for the administrative, legislative or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 17. Should it be determined that any clause, condi - tion or covenants of this franchise is, for any reason, illegal or un- enforceable, 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. Section 18. That any unwarranted and intentional neglect, failure or refusal of said grantee to comply with any of the conditions and stipulations contained in said franchise shall thereupon imme- diately, ipso facto, effect a forfeiture thereof, and the said City, by the City Council, may thereupon declare said franchise forfeited, and may exclude said grantee from further use of the streets of said city under said franchise, and said grantees shall thereupon and immediately surrender all rights in and to the same, and said fran- chise shall become null and void and of no effect.