1593 ORD GRANTING TO LEONARD BOONE AND MCKINLEY JOHNSON A FRANCHISE TO USE PUBLIC STREETS ETC

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(d) To make such other rules and regulations as may be reasonably necessary to facila.tate adequate eervice to be rendered to the public under this franchise, any such rules and regulations when adopted to be binding upon the grantees herein. Section 14. Motor vehicles operated by grantees under this franchise shall be known as "public service vehicles" and when not i.n use in the ser- vice of the privileges granted herein, each of such vehicles sha.ll be sta,- tioned or parked at the headquarters of the grantees herein, which head- quarters shall be located on private property. Section 15. The word "ta.xicabs" as used in this ordinance shall mean any passenger vehicle with not more tha.n two seats and a normal capacity not in excese 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 grantees shall promptly pay all lawful ad va.lorem ta.xes, and such other levies and assessments, 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 grantees hereunder forfeited for such breach. Section 17. This grant is made upon the express conditions tha.t the non-exercise Qf the power to regulate rates and charges which the grantees may charge to the public in the operation of its businees shall never be con- strued as an acquiescense or recognition of the justness or correctness of said grantees' established rate, and that so long as the governing body of the City of Pa.ris does not exercise its legislative and governmenta.l power to fix and regulate the rates tha.t the grantees herein shall charge to the pub- lic, the question of praperty values used and useful in the rendering of the service prior to rate regulati.on 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 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 grantees 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, legis}ative or executive control of such matter shall not preclude the Council from fully exercising that power and providing suita.ble 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. Section 19. That any unwarranted and intentional neglect, failure or refusal of said grantees to comply with any of the conditions and stipulations contained in said franchise shall thereupon immediately, ipso facto, effect a forfeiture thereof, and the said Gity, by the City Council, may thereupon de- clare said franchise forfeited, and may exclude said grantees from further use of the streets of said City under said franchise, and said grantees ahall thereupon and immediately surrender all rights in and to the same, and said franchise shall become null and void and of no effect. - 4 -