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2022-047 - Approving a Vehicle for hire business – Trinity Black Car Service.ORDINANCE NO. 2022 - 047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO TEXAS TRINITY, LLC, D/B/A TRINITY BLACK CAR SERVICE, TO OPERATE A VEHICLE FOR HIRE BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Texas Trinity, LLC, d/b/a Trinity Black Car Service, has filed application with the City of Paris to operate a vehicles for hire business in the city limits of the City of Paris, Texas; and, WHEREAS, city staff, having reviewed the application, insurance certificates and driving record of the applicant hereby recommends that a license to operate a vehicles for hire business in the city limits of the City of Paris be issued to Texas Trinity, LLC effective July 25, 2022; and WHEREAS, the City Council of the City of Paris, Texas hereby finds and determines that the application satisfies the requirements of the City Charter and City Ordinances for issuance of a license to operate a vehicles for hire business, and further finds and determines that the applicant has made the requisite showing of public necessity and convenience for said vehicles for hire business. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That by a two-thirds (2/3) majority vote of the City Council of the City of Paris, the City Council has found that public necessity and convenience require that a license be issued to Texas Trinity, LLC, D/B/A Trinity Black Car Service. ("Licensee") to operate a vehicles for hire business on the public streets of the City of Paris, Texas for a term effective July 25, 2022, and ending December 31, 2022. Section 3. That the right, privilege, and grant herein contained shall not be transferred or assigned by Licensee without first obtaining the formal action and written consent of the City Council of the City of Paris, and any attempted assignment or transfer of said rights and privileges by the Licensee without first obtaining such consent and permission from the City Council of the City of Paris shall operate, ipso facto, as a termination of the rights, privileges, and grant herein contained. Section 4. That the vehicles for hire business operated or maintained under this license shall be used for the purpose of the transportation of passengers and the personal luggage of such passengers. The Licensee herein shall maintain its principal office and place of business within the corporate limits of the City of Paris. Section 5. That all automobiles or vehicles used in connection with this vehicles for hire business shall be maintained and operated in safe condition in accordance with the laws of the State of Texas and ordinances of the City of Paris. Section 6. That the City of Paris, in granting this license, fully retains and reserves all the rights, privileges, and immunities that it now has under the law to fully use, patrol and police the public streets, alleys, and rights-of-way within the City, and the granting of this license shall in no way interfere with the rights of the City of Paris to fully use said streets, alleys, and rights-of-way for any other public utility or public purpose, nor shall this license in any way interfere with the City's right to improve or maintain any streets, alleys, or rights-of-way in the City of Paris, and the rights of the Licensee herein to use said streets shall, at all times, be subservient to the right of the City Council of the City of Paris to fully exercise its rights or control over said streets, alleys, and public ways. Section 7. That the Licensee shall, prior to the effective date of this license agreement, pay to the City of Paris, at the office of the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas, in lawful money of the United States, a sum equal to $50.00 per vehicle used in the operation of said vehicles for hire business. This payment shall represent the license payment due the City of Paris and failure to pay said license fee when due may result in forfeiture of this vehicles for hire business license. No reimbursements will be made to Licensee if Licensee reduces the number of vehicles for hire during the license year. Section 8. That the City of Paris expressly reserves the right to modify, amend, alter, change, or eliminate any of the provisions of this license, during the life of the same, for the following purposes, to -wit: (A) To eliminate or delete from the same such conditions as then prove obsolete or impractical; and, (B) To impose such additional conditions or requirements upon the Licensee as may be deemed necessary and reasonable, such conditions or requirements to be those as may be deemed necessary for the purpose of insuring adequate service to the public or protecting the health, safety and general welfare of the citizens of the City of Paris. Section. 9. That, notwithstanding what may be said in any other portion of this ordinance with reference to the termination hereof, this right is granted subject to the provisions of Article 1, Sections 17 and 26 of the Constitution of the State of Texas, all applicable state laws, City Charter provisions, and any other laws that may be enacted in the future by the Texas 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 hearing, which said notice shall be given to the Licensee not less than ten (10) days before such hearing, to absolutely terminate this grant and license for any violation of the terms and provisions of this ordinance. Section 10. That it shall be unlawful for Licensee, its agents or employees, while operating any automobile for hire within the City of Paris, to cruise. Cruising shall consist of seeking, searching, or soliciting employment while operating a vehicle for hire by repeatedly and persistently driving such automobile for hire up and down on the public streets of the City of Paris and offering accommodations thereof to prospective passengers, whether by signal, word of mouth, or by carrying a sign with the word "For Hire" thereon, or some other word of similar import, or otherwise, or in any manner whatsoever operating said vehicle upon the public streets of the City of Paris for the purpose of soliciting passengers, or driving an automobile for hire upon the public streets while unoccupied by a passenger without having a fixed destination thereof. Section 11. That Licensee shall, at all times during the effective period of this license, keep and maintain, in full force and effect, a policy or policies, of automobile liability insurance coverage which fully meets or exceeds coverage in the following amounts: for each accident, personal injury coverage in the amount of $50,000.00 per person and $100,000.00 aggregate, and property damage coverage in the amount of $50,000.00. The insurance policy shall also provide coverage for bodily injury to passengers and/or property damage and shall indemnify the City of Paris, its elected officials, officers and employees from and against any and all claims for damages, personal injuries, or property damages sustained as a result of the negligent operation of any motor vehicle by the Licensee, their agents or employees, and shall pay all premiums due thereon when due. Said policy shall also list the City of Paris, its elected officials, officers and employees as additional insured under the required coverage. It is expressly provided that such insurance policy, or policies, shall, and must, be written and issued by a reputable insurance underwriter, or underwriters, authorized to do business in the State of Texas, subject to approval by the City Attorney of the City of Paris; and the Licensee, or their insurance carrier or carriers, shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company, or companies, evidencing the fact that such insurance is in full force and effect at all times during the effective period of this license. All such policies shall be written so that the City of Paris will be notified of cancellation or of any material change to the policies at least ten (10) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City of Paris c/o City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. Section 12. The Licensee shall promptly respond to all claims filed against them for injury or damage to property arising from the operation of their vehicles for hire; and well and truly pay directly to every judgment creditor who has been injured through the negligent operation of any motor vehicle by the Licensee, its agents or 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 Licensee on account of any such injury or damage. Section 13. That in the event Licensee fails to provide the City with a current Certificate of Insurance with appropriate insurance coverage for all vehicles operated under this License and/or Licensee fails to fully discharge any claim for damages or injuries established by final judgment of a court of competent jurisdiction within sixty (60) days after the same has been so established, such failure shall constitute grounds for termination of this license. Section 14. That every vehicle for hire operated by Licensee under this license shall, at all times, have painted, or otherwise impressed upon the front doors thereof, easily visible signs bearing proper identification of the company operating under this license. All such vehicles shall be owned by and registered in the names of the Licensee, and no other vehicle may be used or operated by Licensee on the streets of the City of Paris under this License. Each of such vehicles shall be registered with the City Clerk of the City of Paris by motor vehicle in numerical order, beginning with the number 1, which number shall, at all times, be displayed at some convenient location on both sides of said vehicles. Section 15. That in accepting this License, Licensee agrees that they shall not discriminate against or refuse vehicles for hire business to any person on the basis of race, color, creed, sex, or national origin. Any proven violation of this section of the license may result in an immediate suspension or forfeiture of this vehicles for hire license. Section 16. That it shall be the duty of the City Council of the City of Paris, by and through its City Manager, to enforce the provisions of this ordinance and all applicable regulations, which, when approved by the City Council, shall become binding upon the Licensee herein. Among other things, the City Council shall, from time to time during the term of this license, have the power and authority to promulgate effective regulations concerning the following, to -wit: (A) To make reasonable orders respecting character, extent, quality, safety and standard of service Licensee is to provide under this license; (B) To fix such rates for service to the public as are not in conflict with the express provisions hereof and as will provide for Licensee 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 license; and, (C) To make such other rules and regulations as may be reasonably necessary to facilitate clean and professional vehicles for hire business to be rendered to the public under this license, any such rules and regulations, when adopted, to be binding upon the Licensee herein. Section 17. That motor vehicles operated by Licensee under this license shall be known as "vehicles for hire" and, when not in use in the exercise of the privileges granted herein, shall be stationed or parked at the principal offices of the Licensee, which principal offices shall be located on private property. Section 18. That the Licensee shall promptly pay all lawful ad valorem taxes 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 license granted herein, and the City, upon the happening of such event, may declare the rights of the Licensee hereunder forfeited for such breach. Section 19. This grant is made upon the express condition that the non -exercise of the power to regulate rates and charges which the Licensee 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 Licensee's established rate, and that, so long as the City Council of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the Licensee shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regulation 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 Licensee's 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 administration, legislative, or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 20. That any unwarranted and intentional neglect, failure, or refusal of the Licensee to comply with any of the conditions and stipulations contained in this license shall thereupon immediately, ipso facto, effect a forfeiture hereof, and the City Council may, thereupon, declare this license forfeited and may exclude the Licensee from further use of the streets of the city under this license, and the Licensee shall thereupon and immediately surrender all rights in and to the same, and this license shall become null and void and of no effect. Section 21. That the grant of this license shall be and is hereby expressly conditioned upon the right of the City Council to adopt an ordinance or ordinances regulating the activities authorized herein, and upon adoption of said ordinance or ordinances, the City Council reserves the right at its discretion to supersede this ordinance with the requirements of said regulatory ordinance or ordinances, even if the term of this ordinance has not expired. Section 22. That within ten (10) days after the passage of this ordinance by the City Council, the Licensee herein shall file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant. Section 23. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 24. That, should it be determined that any clause, condition, or covenant of this license 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 license. Section 25. That this ordinance shall become effective in accordance with the terms and provisions of the City Charter of the City of Paris, and shall be effective for a period of time as stated herein. Section 26. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 27. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 28. That this ordinance shall become effective after its passage and publication as required by law. PASSED AND ADOPTED on this 25th day of July, 2022. Sky Kni)zer, Deputy My Cle U P 10 AS TO FORM: StephaAie H. Harris, City Xtto rney Paula Portugal, Mayoro