1990-017-RES WHEREAS, Tony Brem is purchasing John Harville Cab Company's taxicab; and,
RESOLUTION NO. 90-017
WHEREAS, Tony Brem is purchasing John Harville, DBA Yellow
Cab Company's taxicab; and,
WHEREAS, the City Council of the City of Paris did
heretofore in Ordinance No. 87-088, grant a franchise to John
Harville, DBA Yellow Cab Company; and,
WHEREAS, Tony Brem, desires the City of Paris to execute as
a consenting party the assignment of John Harville, DBA Yellow
Cab Company, which consent is contained in the Assignment
Agreement attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Assignment Agreement which assigns the franchise granted
in Ordinance No. 87-088 to Tony Brem in the form of Exhibit A
attached hereto, be and the same is hereby approved.
BE IT FURTHER RESOLVED, That the Mayor of the City of Paris,
Eric S. Clifford, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris, the Assignment Agreement
attached hereto as Exhibit A.
Passed and adopted this 12th day of January,
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Eric S. Cl', ord,
1990.
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ATTEST:
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Mattie Cunningham, City
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ASSIGNMENT
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
~
On the 12th day of February, 1990, JOHN HARVILLE,
hereinafter ,called ASSIGNOR, dba Yellow Cab Company, for
$10.00 and other good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged do hereby
bargain, sell and assign to TONY BREM, hereinafter called
ASSIGNEE, all my right, privilege and franchise for the
remainder of a five (5) year period, beginning December 14,
1987, and en'ding December 13, 1992, 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 passengers for hire, according to the terms
and cond i t ions of the Fr anch i se Ord inance No. 87 -088, dated
the 14th day of December, 1987, attached hereto as Exhibit A.
IN WITNESS WHEREOF this ass ignment is executed on the
day and year first above written.
ASSIGNOR
JOHN HARVILLE
ASSIGNEE
TONY BREM
The aforesaid assignment is approved and accepted by the
City of Paris.
CITY OF PARIS
Eric S. Clifford, Mayor
ATTEST:
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared JOHN HARVILLE, dba Yellow Cab Company,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed
the same for the purposes and cons ideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 1990.
day of
Notary Public, State of Texas
Printed Name:
My commission expires:
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared TONY BREM, known to me to be the person
whose name is s ubscr i bed to the forego ing ins tr ument , and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 1990.
day of
Notary Public, State of Texas
Printed Name:
My commission expires:
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
ORDINANCE NO. 87-088
AN ORDINANCE GRANTING TO JOHN HARVILLE, DBA YELLOW CAB
COMPANY, 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, 1987, AND
ENDING DECEHBER 13, 1992, 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;
PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED
CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID
GRANTEE j 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:
Section 1. There is hereby granted to John Harville
dba Yellow Cab Company, hereinafter called grantee, the
right , privilege and franchise for a period of five (5)
years, beginning December 14, 1987, and ending December 13,
1992, 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 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 head-
quarters 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 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 said franchise shall be used for the purpose of
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 with the laws of the State of Texas and
ordinances of the City of Paris, and such future amendments
thereof,' or either of them, relating to or regulating the
operation of motor vehicles upon streets or highways.
Section 5. 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
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Paris to fully exercise its rights or control over said
streets, alleys and public ways.
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 be in lieu of
any other tax or 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.
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 such
conditions as then prove obsolete or impractical;
(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 8. Notwithstanding what may be said in any
other portion of this instrument with reference to the
termination thereof, this right is granted subj ect to the
provisions of Article 1, Section 17 and 26 of the Constitu-
tion of the State, the 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 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 violations 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
repeated~y 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,
either 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.
I
.
operation of any such motor vehicle by the grantee 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 account of any such injury or damage, not
exceeding for bodily injury or death 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 anyone accident or occasion, and Five Thousand
($5,000.00) Dollars for property damages arising out of any
one 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. Grantee 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 prOV1Slon
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 operating under
such franchise. All such vehicles shall be owned by and
registered in the name of f,rantee, 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 number, and the City Clerk shall assign for each such
respective vehicle in numerical order, beginning vlith the
Number 1, a number, which number shall at all times 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 provis ions of this
ordinance and all applicable regulations. He shall also
reco~~end to the City Council of the City of Paris from time
to time reasonable rules and regulations, which, when
approved by the City Council, shall become binding upon the
grantee herein. Among other things, the City Council shall
from time to time during the term of this franchise have the
power and authority to promulgate effective regulations
concerning the followin~. to-wit:
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.
Section 14. Motor vehicles operated by grantee under
this franchise shall be known as "public service vehicles"
and when not in use in the exercise of the privileges
granted herein 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. The 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
personD, 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 all
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 privil~ge granted herein aud [he
City, upon the happening of such event, may. declare the
rights of the grantee hereunder forfeited for such breach.
Section 17. This grant is made upon the express
conditHH1S that the nonexercise ()t tne power to regulate
rates and ch~rges which the grantee rnai charge to the public
in the operation of its business shall never be construed as
an acquiescence or recognition of the justness or correct-
ness of said grantee's established rate, and that so long as
the governing body of the City of PdtlS does 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 service prior to rate reguldcion shall
never stop the City from determining the rei.il or actual
value of property used or useful in rendering such service.
If, and when, the City Councilor 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 grantee herein for
such service. If, and when, the Ci.ty Council decides to
regulate rates, then at such time the Council will fully
exercise its rate regulatory power under the provisions or
law applicable thereto, and the failun~ to proviue under
this ordinance the machinery for the administrative,
l~gisl t,rp.r'~ O( clk":;JtLve c01t'!:":)1 of such matter shall not
preclude the Counci.l from fully exerci.'11.ng that power and
providing suitable provisions to enforce such power.
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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 said franchise, and said grantee shall 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 (0) days after 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 November 9, 1987, at a regular meeting of the
City Council of the City of Paris; second reading at a
regular meeting of the City Council 011 December 10, 1987;
and final reading at a regular meeting of the City Council
on December 14, 1987, 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 14th
day of December, 1987.
By:
ATTEST:
APPROVED AS
. Haynes, City Attorney