1793 ORD GRANTING TO A M O'BRIEN DBA YELLOW CAB CO A FRANCHISE TO USE PUBLIC STREETS ETC

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Section 14. Motor vehicles operated by graatee under this franchise shall be known as "public service vehicles" and when not in use in the exer- cise 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 iiormal capacity not in excess of six persons9 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 assessments, if any9 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 Citya upon the happening of such event9 may declare the rights of the grantee hereunder forfeited for such breach. Section 17. This grant is made upon the express conditions that the non- exercise of the power to regulate rates and charges which thegrantee 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 estabfished rate, and that so long as the governing body of the City of Paris does not exercise it; legislative and governmental power to fix and regulate the rates that the grantee herein sha11 charge to ti-ie public, the question of property values used and useful in the rendering of the service prior to rate regulation shal], never stop the City from determining the real or actual value of property used or useful icf 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 alXowance 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 machiner}j for the administrative, legislative or executive control of such mattershall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 18. Should it be determined that any clause, condition, or cove- nant of this franchise is, for any reason, illegal or unenforceable9 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 19. That any unwarranted and intentional neglect, failure or re- fusal of said grantee to comply with any of the conditions and stipulations contained in said franchise sha11, thereupon immediately, ipso facto, effect a forfeiture thereofs and the said City9 by the City Council, may thereupon de- clare said franchise forfeited, and may exclude said grantee from further use of the streets of said City under said franchise, and said grantee shall thereupon and immediately surrender all rights in and to the same, and said franchise shall become null and void and of no effect. Section 20, Within ten (10) days after the passage of this ordinance by the City Council, the grantee herein sha1X file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant.