1994-151-RES WHEREAS, CITY CONCIL DID HERETOFORE IN ORDINANCE NO 93-002
RESOLUTION NO. 94-151
WHEREAS, the City Council of the City of Paris did heretofore in Ordinance No.
93-002, on the 7th day of January, 1993, grant to McKINLEY JOHNSON, dba PRIDE
OF PARIS TAXICAB, a franchise to use the public streets, alleys, and highways of the
City of Paris for the purpose of transporting passengers for hire in Motor vehicles for a
period of five (5) years, beginning December 14, 1992, and ending December 13, 1997;
and,
WHEREAS, due to poor health, McKINLEY JOHNSON has sold his taxicab
business and is no longer desirous of continuing with said franchise and has requested the
City Council of the City of Paris to approve the execution of an assignment of the
franchise to HERSHEL BIGLOW; and,
WHEREAS, the City Council desires to continue the franchise for the taxicab
service with HERSHEL BIGLOW; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the assignment of the franchise from McKINLEY JOHNSON to HERSHEL
BIGLOW is hereby approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don
Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of
Paris the Assignment in the form of Exhibit A attached hereto.
PASSED AND ADOPTED this 12th day of December, 1994.
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ATTEST:
'---mo.\} > \: ~\--~~ )
Mattie Cunningham, City Cler
APPROVED AS TO FORM:
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,
ASSIGNMENT OF TAXICAB FRANCHISE
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
THAT McKINLEY JOHNSON, hereinafter called ASSIGNOR, for consideration
of the assumption of the ASSIGNOR's obligations under the assumed franchise does
hereby bargain, sell and assign to HERSHEL BIGLOW, hereinafter called ASSIGNEE,
all my right, deed and interest in and to that certain franchise between McKINLEY
JOHNSON and the CITY OF PARIS, dated January 7, 1993. ASSIGNEE will be
responsible for all terms and conditions stated in said assumed franchise attached hereto
as Exhibit A.
IN WITNESS WHEREOF this assignment is executed on the _ day of
December, 1994.
McKINLEY JOHNSON, ASSIGNOR
HERSHEL BIGLOW, ASSIGNEE
The aforesaid assignment is approved and accepted by the City of Paris, Paris,
Texas.
CITY OF PARIS, PARIS, TEXAS
Don Shelton, Mayor
ATTEST:
,
Mattie Cunningham, City Clerk
ORDINANCE NO. 93-002
AN ORDINANCE GRANTING TO MCKINLEY JOHNSON, DBA PRIDE OF
PARIS TAXICAB, A FRANCHISE TO USE 1~E PUBLIC STREETS, ALLEYS
AND HIGHWAYS OF THE CITY Of PARIS FOR THE PURPOSE OF
TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A
PERIOD OF Fin (5) YEARS, BEGINNING DECEt-'IBER ll., 1992, AND
ENDING DECEMBER 13, 1997, UPON THE TERMS AND CONDITIONS
HEREINAfTER PRESCRIBED; PROVIDING FOR THE REGULATION Of SAID
BUSINESS; PROVIDING FOR THE PAYMENT Of A TAX FOR SUCH
PRIVILEGE AND USE Of SUCH STREETS, ALLEYS AND HIGHWAYS;
PROV lDING FOR THE TER~lINATION OF SUCH GRANT UPON SPE.CIFIED
CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID
GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE
MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR
THE SUPE.RVISION OF SAID BUSINESS AND INSPECTION OF ITS
VEHICULAR EQUIP~IENT BY TIlE OFFICIALS OF TilE CITY Of PARIS;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. There is hereby granted to McKinley
Johnson, dba Pride of Paris Taxicab, hereinafter called
grantee, the right, privilege and franchise for a period of
five (5) years, beginning December 14, 1992, and ending
December 13, 1'J97, to operate a taxicab service in the City
of Paris and on the streets, alleys and public ways within
the City Limits 01 said City for the transportation of
passengers for hire. The grantee herein shall maintain the
principal office and place of business of said business
within the corporate limits of the City of Paris, where the
headquarters of said business shall be maintained.
Section 2. The right, privilege and grant herein
contained shall not be transferred or assigned without the
formal action and consent of the City Council of the City of
Paris first had and obtained, and any attempted assignment
or transfer of said rights and privileges by the grantee
herein without first having had and obtained such consent
and permission [rom the City Council 01 the City of Paris
shall operate ipso facto as a termination of the rights,
privileges and grant herein contained.
Section 3. That the taxicabs operated or maintained
under said franchise shall be used for thc purpose o[
transportation of passengers and the personal luggage of
such passengers.
Section 4. That all automobiles or vehicles used in .
connection. with this taxicab service shall be operated in "
accordance wi th the laws of the State of Texas and
ordinances of the City of Paris, and such future amendments
thereof, or either of t.hem, relating to or regulating the
operation of motor vehicles upon streets or highways.
Section 5. The City of Paris, in granting this
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subservient to the right of the City
Paris to fully exercise its rights
streets, alleys and public ways.
Council of the City of
or control over said
Section 6. The grantee shall, during the life of
this franchise, pay to the City of Paris at the office of
the City Clerk in lawful money of the United States, a sum
equal to $50.00 per vehicle used in the operation of said
taxicab business, which remittance shall be made annually on
or before the 10th day of December each year. The payments
stipulated and provided in this section shall bc in lieu of
any other tax or assessment or charge by the Ci ty of Par is
which may now or may hereafter be in force during the term
of this franchise, excluding only ad valorem taxes.
Any neglect, omission or refusal by the grantee herein
to pay such tax when due and specified, shall ipso facto
work a forfeiture of this franchise and of all rights
hereunder.
Section 7. The City of Paris expressly reserves the
right to modify, amend, alter, change or eliminate any of
the provisions of this franchise, during the life of the
same, for the following purposes, to-wit:
(1) To eliminate or delete from the same
conditions as then prove obsolete or impractical;
such
(2) To impose such additional conditions upon the
grantee as may be just and reasonable, such conditions to be
those as may be deemed necessary for the purpose of insuring
adequate service to the public.
Section e. Notwithstanding what may be said in any
other portion of this instrument with reference to the
termination thereof, this right is granted subject to the
provisions of Article I, Section 17 and 26 of the Consti-
tution of the State, the applicable state laws, charter
provisions and such futurc laws as may be enacted by the
Legislature, or amendments to the Constitution and the
Charter of the City of Paris. Furthermore, the City Council
of the City of Paris reserves the absolute right upon notice
and a hearing, which said notice shall be given to the
grantee not less than thirty (30 ) days before such hearing,
to absolutely terminate this grant for any violationH of the
terms and provisions of this ordinance.
Section 9. That it shall hereafter be unlawful for
the grantee, its officers, agents or employees, operating
any automobile for hire within the City of Paris, to cruise.
Cruising shall consist of seeking, searching or soliciting
employment. while operating an automobile for hire, by
repeatedly and persistently driving such automobile for hire
to and fro on the public streets of the City of Paris and
offering accommodations thereof to prospective passengers,
eithcr by signal, \wrd of mouth or by carrying a sign with
the word "Vacant" thereon, or some other word of similar
import or otherwise or in any manner whatsoever operating
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of the franchise shall well and truly pay directly to every.
judgment creditor who has been injured through the negligent
operation of any such motor vehicle by the grilntee or his
employees, or whose property has been damaged, any amount or
amounts of money that shall have been awarded by final
judgment of any court of competent jurisdiction against such
grantee on ilccount of ilny such injury or damilge, not
exceeding for bodily injury or deilth to anyone person the
sum of Twenty Thousand ($20,000.00) Dollars, the sum of Forty
Thousand ($40,000.00) Dollars, for all. persons injured in any
one accident or occasion, and Fifteen Thousand ($15,000.00)
Dollars for property damages arising out of anyone accident
or occasion. Any such policy of insurance shall further
provide that each such cause of action shall survive in case
of death of any injured or damaged person for the benefit of
the beneficiary of any such person, and shall further provide
that such policy shall be subject to successive recoveries
during the time that the same may continue in effect. Any
such policy of insurance shall be issued by insurance
underwriters authorized to do business in the State of Texas
and approved by City. Grilntee shall furnish City, by
delivering to the City Clerk, a certificate from the
insurance carrier showing such insurance to be in full force
and effect during the entire term of this lease, or shall
deposit with the City Clerk of the City of Paris, copies of
said policies.
Said policies or certificates shall contain a provision
that written notice of cancellation or of any material
change in said policy by the insurer shall be delivered to
the City Clerk of the City of Paris, thirty (30) days in
advance of the effective date thereof.
Section 11. In the event of the failure of grantee
to fully discharge any claim for damages established by
final judgment of a court of competent jurisdiction within
sixty (60) days after the same has been so established, this
franchise shall automatically be forfeited.
Section 12. Every taxicab operated by grantee under
this franchise shall at all times have painted or otherwise
impressed upon the front doors thereof easily visible signs
bearing proper identification of the company uperating under
such franchise. All such vehicles shall be owned by and
registered in the name of grantee, and no other vehicle may
be used under this franchise. Each of such vehicles shclll
be registered wi th the City Clerk of the City of Paris by
motor number, and the City Clerk shall assign l'or each such
respective vehicle in numerical order, beginning with the
Number 1, a number, which number shall at all timcs be
displayed at some convenient location on both sides of the
same.
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Section 13. It shall be the duty of the City Council
of the City of Paris to enforce the provisions of this
ordinance and all applicable regulations. He shall also
recommend to the City Council of the City of Paris from time
to time reasonable rules and regul,lt ions, which, when
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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.
Scction 14. Motor vehicles operated by grantee undcr
this franchise shall be known as "public service vchiclcs"
and when not in use in thc exercise of the privilegcs
granted hercin 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. Thc 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 <Ill
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 cvent, may declare the
rights of the grantce hereunder forfeited for such breach.
Section 17. This grant is made upon the express
conditions that the nonexercise of the power to regulate
rates and charges which tbe grantee may charge to the public
in tbe operation of its business shall never be construed as
an acquiescence or recognition o[ the justness or correct-
ness of said grantee's establishcd rate, and that so long as
the governing body of the Ci ty of Paris docs 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 servicc prior to rate regulation shall
nevcr stop the City [rom determining the real or actual
value of property used or useful in rendcring such service.
If, and when, the City Council or other governing body shall
exercise the po\~er to fix the ra tes to be charged for such
service in. the City of Paris no allowancc in the \~ay of said
rate shall be madc as compensation for any property used or
consumed in rendering the 5ervice by the grantee herein for
such service. If, and when, the City Council decides to
regulate rates, then at sllch time the Council will fully
exercise its rate regulatory power under the provisions of
law applicable thereto, and the failure to provide under
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Section 19. 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 immediately, 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 suid franchise, and said gruntee sh<l11 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 aftcr the passage
of this ordinance by the City Council, the grantee herein
shall file with the City Clerk, in writing, the acceptance
of the terms and provisions of this grant.
Section 21. Introduced, read and passed on first
reading on December 10, 1992, at a regular meeting of the
City Council of the City of Paris; second reading at a
regular meeting of the City Council on December 14, 1992; and
final reading at a regular meeting of the City Council on
January 7, 1993, the same being three separate regular
meetings of the City Council of the City of Paris, the last
being not less than thirty days from the first.
This ordinance shall become effective sixty (60) days
from the date of the third and final reading.
Passed and adopted on third and final reading this 7th
day of January, 1993.
BY~~/~
eorge Fisher, Mayor
ATTEST:
~C'.tt\.,,~\.,~)
Mattie Cunningham, City er
~:~
'---T. K. Hayn ~, City Attorney
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