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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. ib,4f/0 ATTEST: '---mo.\} > \: ~\--~~ ) Mattie Cunningham, City Cler APPROVED AS TO FORM: }~,:? , 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 Fl".=:In,..hic~ flll1v rpt'nin.<.: ;:lnc1 rp~l:'.rvp.c.: :111 r-hp ripht~. 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 ~:lirl \1~hirlt'> lln.r'\n ~I.,,... .....111,1.;,.. ...1~~.,....I-... ....c: ..L_ ,...~.___ _~ n._o '. ,. t 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. , , , 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 ~nnl-n\1l::.rl hv I-hr-> r.il~v (:(IIITl{'il ch.:Jll hprnmr. h.il"lrlil....o Ilnc,," ,-hp (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 t-hi<: nrrlin:lnrp ,-hp m:1rhinr.or\T f-nr '-h,:. ~("lm;n;~t-r~"';\1t:\ " - - 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 " .,. f