06-B City Cab Franchise Assignment
DRAFT
F:A TTORNEY\RESWORK\CURRENTlAssignment Taxi Franch Res . City Cab
February 22, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, APPROVING THE ASSIGNMENT OF A TAXICAB FRANCHISE FROM
ROGER EDWARDS AND BOYD HARMENING OWNERS OF PARIS
TRANSPORT,L.L.C.,D/B/A CITY CAB COMPANY TO STEVE RANEY; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe City of Paris did heretofore in Ordinance No. 2004-029 on the
9th day of August, 2004, grant to Dennis Nelms dba City Cab, 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 ofthree (3) years, beginning August 10,2004, and ending August 9,2007; and
WHEREAS, the City Council of the city of Paris did heretofore in Resolution No. 2004-136, on the
9th day of August, 2004, approve and authorize the assignment of said franchise to Roger Edwards and Boyd
Harmening, owners of Paris Transport, L.L.C.; and,
WHEREAS, Roger Edwards and Boyd Harmening dba Paris Transport, L.L.C. has sold the City Cab
business to Steve Raney 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 and an assignment of the franchise to Steve Raney;
and,
WHEREAS, the City Council desires to continue the franchise for the taxicab service with Steve
Raney; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the assignment of the City Cab franchise from Roger Edwards and Boyd Harmening
dba Paris Transport L.L.C. to Steve Raney is hereby approved; and
Section 3. That the Mayor of the City of Paris, Curtis Fendley, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris, the Assignment in form of Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 27th day of February, 2006.
Curtis Fendley, Mayor
ASSIGNMENT OF TAXICAB FRANCHISE
GRANTED IN ORDINANCE NO. 2004-029
ADOPTED AUGUST 9. 2004
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY LAMAR ~
THAT RODGER EDWARDS and BOYD HARMENING DBA PARIS TRANSPORT,
L.L.C., hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's
obligations under the assumed franchise does hereby bargain, sell and assign to STEVE RANEY,
hereinafter called ASSIGNEE, all our rights, responsibilities and interests in and to that certain
franchise between DENNIS NELMS and the CITY OF PARIS, dated August 9, 2004. 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 27th day of February, 2006.
RODGER EDWARDS, ASSIGNOR
BOYD HARMENING, ASSIGNOR
STEVE RANEY, ASSIGNEE
The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
EXHIBIT A
THE STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared RODGER EDWARDS and BOYD HARMENING, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
2006.
Notary Public, State of Texas
THE STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared STEVE RANEY, known to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
2006.
Notary Public, State of Texas
"'r-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING TO DENNIS NELMS, DBA CITY CAB
COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS,
AND HIGffiVAYS OF THE CITY OF PARIS FOR THE PURPOSE OF
TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR
A PERIOD OF THREE (3) YEARS, BEGI~TJNG AUGUST 10, 2004, AND
ENDING AUGUST 9, 2007, 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
HIGHW A YS; PROVIDING FOR THE TERMINATION OF SUCH GRANT
UPON SPECIFIED 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 SUPERVISION OF SAID BUSINESS
AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That there is hereby granted to Dennis Nelms, dba City Cab Company,
hereinafter called grantees, the right, privilege, and franchise for a period of three (3) years,
beginning August 10, 2004, and ending August 9,2007, to operate a taxicab service in the city
of Paris and on the streets, alleys, and public ways within the city limits of said city for the
transportation of passenger~ for hire. The grantees herein shall maintain the principal office and
place of business of said 15usiness within the corporate limits of the city of Paris, where the
headquarters of said business shaH be maintained.
Section 2. That 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
grantees without first having had and obtained 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 3. That the taxicabs operated or maintained under this franchise shall be used for
the purpose of the transportation of passengers and the personal luggage of such passengers.
Section 4. That all automobiles or vehicles used in connection with this taxicab service
shaH be operated in accordance with the laws of the State of Texas and ordinances of the City of
Paris, and such future amendments thereto, or either of them, relating to or regulating the
operation of motor vehicles upon streets or highways.
Page 1 of 5
EXHIBIT-A-
....r
Section 5. That the City of Paris, in granting this franchise, fully retains and reserves all
the rights, privileges, and immunities that it now has under the law to fully patrol and police the
streets, alleys, and public ways within the City, and the granting of this franchise shall in no way
interfere with the rights of the City of Paris to fully use said streets, alleys, and public ways for
any other public utility, nor shall this franchise in any way interfere with the improvement or
maintenance of any other streets, alleys, and public ways, and the rights of the grantees herein to
use said streets shall, at all times, be subservient to the right of the City Council ofthe City of
Paris to fully exercise its rights or control over said streets, alleys, and public ways.
Section 6. That the grantees shall, during the life of this franchise, 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
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 be in lieu of any other tax
assessment or charge by the City of :paris which may now or may hereafter be in force during the
term of this franchise, excluding only ad valorem taxes.
Section 7. That 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:
j
(1) To eliminate or delete from the same such conditions as then prove
obsolete or impractical; and,
(2) To impose such additional conditions upon the grantees as may be
deemed necessary and reasonable, such conditions to be those as may be deemed
necessary for the purpose of insuring adequate service to the public.
Section. 8. That, notwithstanding what may be said in any other portion of this instrument
with reference to the termination hereof, this right is granted subject to the provisions of Article
I, Sections 17 and 26 of the Constitution of the State of Texas, all applicable state laws, Charter
provisions ,and such future 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 ~ight, upon notice and hearing, which said notice shall be given to the
grantees not less than thirty (30) days before such hearing, to absolutely terminate this grant for
any violation of the terms and provisions of this ordinance.
Section 9. That it shall hereafter be unlawful for the grantees, their 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 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, whether by signal,
word 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 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 10. That the grantees shall, at all times during the effective period of this
franchise, keep and maintain, in full force and effect, a policy, or policies, of public liability
insurance covering each motor vehicle to be operated under this franchise, providing at least
$20,000 per person and $40,000 for any single occurrence for bodily injury or death, and $15,000
for any single occurrence for injury to or destruction of property, indemnifying all persons for any
and all damages, personal injuries, or property damages sustained as a result of the negligent
operation of any motor vehicle by the grantees, their agents or employees, and shall pay all
premiums due thereon when due. 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, with the City of Paris as an additional insured,
subject to approval by the City Attorney of the City of Paris, and the grantees, 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 franchise, and specifically noting thereon that
the City of Paris is an additional insured. All such policies shall be written so that the City of
Paris will be notified of cancellation or of any restrictive amendment of the policies at least thirty
(30) days prior to the effective date of such cancellation or amendment. Notice shall be by
certified mail, return receipt request_ed, addressed to the City of Paris at the following address:
City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037.
The grantees shall well and truly pay directly to every judgment creditor who has been
injured through the negligent operation of any motor vehicle by the grantees, their agents or
employees, or whose property has been damaged, any amount, or arpounts, of money that shall
have been awarded by final judgment of any court of competent jurisdiction against such grantees
on account of any such injury or damage.
Section 11. That in the event of the failure of grantees 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. That every taxicab operated by grantees 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 operating under this franchise. All such vehicles shall be
owned by and registered in the names of the grantees, and no other vehicle may be used under this
franchise. 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 convepient location on both sides of said vehicles.
Section 13. That 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, which, when approved by the City
Council, shall become binding upon the grantees herein. Among other things, the City Council
shall, from time to time during the term of this franchise, have the po\ver and authority to
promulgate effective regulations concerning the following,- to-wit:
(1) To make reasonable orders respecting character, extent, quality, and
standard of service of grantees to be provided under this franchise;
(2) To fix such rates for service to the public as are not in conflict with the
express provisions hereof and as will provide for grantees 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; and,
(3) 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
Page 3 of 5
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grantees herein.
Section 14. That motor vehicles operated by grantees under this franchise shall be known
as "public service vehicles" and, when not in use in the exercise of the privileges granted herein,
shall be stationed or parked at the headquarters of the grantees, which headquarters shall be
located on private property.
Section 15. That the word "taxicab," as used in this ordinance, shall mean any passenger
vehicle with not more than three rows of seats and a normal capacity not in excess of seven
passengers 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 valorem taxes and such
other levies and assessments, if any, that may be lawfully imposed upon them. 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 condition that the non-exercise of the
power to regulate rates and charges which the grantees may charge t'6 the public in the operation
of their business shall never be construed as an acquiescence or recognition of the justness or
correctness of said grantees' 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
grantees 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 grantees 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 Couns;il from fully exercising that power and providing suitable provisions
to enforce such power. .
Section 18. That, 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 the
grantees to comply with any of the conditions and stipulations contained in this franchise shall
thereupon immediately, ipso facto, effect a forfeiture hereof, and the City Council may,
thereupon, declare this franchise forfeited and may exclude the grantees from further use of the
streets of the city under this franchise, and the grantees shall thereupon and immediately surrender
all rights in and to the same, and this franchise shall become null and void and of no effect.
Section 20. That the grant of this franchise 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
Page 4 of 5
ordinance or ordinances, even if the term of this ordinance has not expired.
Section 21. That within ten (10) days after the passage of this ordinance by the City
Council, the grantees herein shall file with the City Clerk, in writing, the acceptance of the terms
and provisions of this grant.
Section 22. Introduced, read, and passed on first reading on June 14, 2004, at a regular
meeting of the City Council of the City of Paris; read and passed on second reading on July 12,
2004, at a regular meeting of the City Council of the City of Paris; and, read and passed on third
and final reading on August 9, 2004, at a regular meeting of the City Council of the City of Paris,
the same being three (3) separate regular meetings of the City Council of the City of Paris, and
the last reading being not less than thirty (30) days from the first.
Section 23. That this ordinance shall become effective in accordance with the terms and
provisions of the City Charter of t!!~ City of Paris, and shall be effective for a period of time as
stated herein.
PASSED AND ADOPTED on third and final reading this 9th day of August, 2004.
j:"
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City A~torney
Page 5 of 5
08/04/04 WED 16:10 FAX 9037856688
".
ELLIS YOUNG TIDWELL LLP
~002
-
ELLIS, YOUNG & TIDWELL, L.L.:R
101 WF.ST HOUS'rON, PMIS, TX 75460
wwmdl ;:;Y()LI Il/:. ro III
EDWARD D, ELLIS
R. WfSI.F.Y TIDWELL
GMY D, YOUNt:
SYO:-iEY YOUNG
Tr.t. (903) 785-2600
FAX (90.1) 7HS-6688
August 4,2004
!\1.r. Terry 1" ownsend
City Manager
Paris, Texas 75460
Re: City Cab
~
Dear Mr, Townsend:
Enclosed please find a copy of the Bill Sale from Dennis Nelms to Paris Transpor1, L.L.C
for the sale of City Cab. We are also requesting an assignment of the franchise.
If you have any questions, please do not hesitate to contact our office.
Sincerely,
~~,~
Shawn Carpenter
Legal Assistant to R. Wesley Tidwell
/sc
enc.
08/04/04 WED 16:10 FAX 90378~6688
"
ELLIS YOUNG TIDWELL LLP
BILL OF SALE
I, Dennis Nelms, in consideration of the sum of$11,200.00, the receipt of which is
acknowledged, sell to Paris Transport, L.L.C., the business known as City Cab in accordance
. with the terms and conditions of the Asset Purchase Contractsigned on July ';Jr ,2004.
d~~~
Dennis Nelms
Date
7 41' /;;'0/) '/
I I '
'J.
.-
-
~003
-^T" ____'"'.."n__._
,
. '~.' ." t;'
BILL OF SALE
THE. STATE OF TEXAS )
)
corNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
THAT PARIS TRANSPORT, L.L.C.,d/b/a CITY CAB, by and through its Managing
Members, BOYD HARMENI1'iG AND ROGER EDWARDS, (herein called "grantor"), of the
County of Lamar, State of Texas, for and in consideration of the sum ofTen ($10.00) and more
Dollars ca~h W it in hand paid by STEVE RANEY (ht:n:1Il called "grantee"), re,eipt of which is
hereby ackno,,:ledged;
have BARGAINED, SOLD AND DELIVERED, and by these pre~ents do BARGAIN,
SELL AND DELIVER unto STEVE RANEY, of the County of Lamar, State of Texas, where his
mailing address is 50 Drive In Avenue, Paris, Texas 75460, the following described personal
properly, to-wit;
Three automobiles, with the. following license numbers:
2003 Ford, T74YWX
Grand Marque, YRJ35F
Buicl(, T66L YS
Ad'Yertising Sign
All paper work, voucher logs, etc.
Cell phones
Maln phone #903-739-9999
City Cab Sign
Radios
Paid Yellow Page ad thr 2006 telephone book
All account information
Franchise agreement with the City of Paris
And it dOC3 hereby bind itself.. its successors and assigns, to fore,'cr WARRANT AND
OF,FRND title to the within described personal property unto STEVE RANEY, his heirs and
-1-
a.ssigns, agamst every person whomsoever lawfully claimIng, or tu diiim llle :,ame, or any part
thereof.
WITNESS this J.2:-. day of January, 2006.
Paris Transport, L.L.C.
d/b/a City Cab
~
By:
BOY ME
and as Manag'
-
ally
By:
ROGER EDWARDS, Individually
and as Managing Member
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS instrument was acknowledged before me on the I~ day of January, 2006, by
BOYD HARMENING, individually and on behalf of PARIS TRANSPORT, L.L.C., and in the
capacity therein stated.
J.J.J-L~- ~~~
Notary Public, State 0 exas
THE STATE OF TEXAS )
)
COL'NTY OF LAMAR )
THIS instrument was acknowledged before me on the /;l. i1flY nf JA.nIJ8ry, 2006, hy
ROGER BDW ARDS, individually and on behalf of P ARlS TRANSPORT, LL.C.. and in the
capacity therein stated.
"'I
Notary Public, State of exas
2
DEI.'. 'A1'ItCIA JAMIWAY
N04lIlY PUblic, Stttt of r...
My COn'lmii.ion flcpiR,
Augutt 23,2001
Transportation Providers, LLC
P.O. Box 893
Paris, TX 75461
January 27, 2006
City of Paris
P.o. Box 937
Paris, TX 75461
RE: City Cab franchise agreement with the City of Paris
To Whom It May Concern:
I am requesting that the City of Paris assign the taxi cab franchise
that is currently assigned to Paris Transport, LLC dba City Cab, to
Transportation Providers, LLC.
Sincerely,
~
Steve Raney
.~ - r