2286 ORD GRANTING LAMAR COUNTY HUMAN RESOURCES COUNCIL INC FRANCHISE TO USE PUBLIC STREETS ETC OF COP

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Section 12. It shall be the duty of the City Manager of the City of Paris to enforce the provisions of this ordinance and all other applicable regulations. He shall also recommend to the governing body of the City of Paris from time to time reasonable rules and regulations, which, when approved by the City Council, shall become binding upon the Grantee herein. Among other things, the City Council shall from time to time during the term of this franchise have the power and authority to promulgate effective re- gulations concerning the following, to-wit: (1) To make reasonable orders respecting character, quality and standard of service of Grantee to be provided under this franchise; (2) To fix such rates for service to the passengers as are not in conflict with the express provisions hereof as will provide for Grantee's operating expenses; (3) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be rendered to the passengers under this franchise, any such rules and regulations when adopted to be binding upon the Grantee herein. Section 13. Motor vehicles operated by Grantee under this franchise when not in use in the service of the privileges granted herein, shall be stationed or parked on private property of the Grantee or its agents. Section 14. The word "bus" as used in this ordinance shall mean any passenger vehicle with two seats or more and a normal capacity in excess of six persons or more, which is not operated over a fixed route or routes and which is engaged for the purpose of carrying a passenger or passengers. Section 15. 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 transportation program 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 exercise its legislative and governmental power to fix and regulate the rates that the Grantee herein shall charge to the public shall never be construed as a waiver of right to regulate rates. The question of property values used and useful in the ren- dering of the service prior to rate regulation shall never estop the City from determining the real and 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 fix 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 re- gulatory power under the provisions of law applicable thereto, and 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 provid- ing suitable provisions to enforce such power.