05-F City Cab Franchise
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: I September 24, 2007
~ Action 0 Discussion
o Information
o Refer to:
SUBMITTED BY:
I Janice Ellis, City Clerk
DESCRIPTION:
An Ordinance Granting City Cab Company an Extension of an Existing 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 Three Years.
BACKGROUND INFORMATION:
This cab company has been operating in the City for several years. The Finance
Director has confirmed the franchise fees are current and the City Clerk has confirmed
a Certificate of Insurance has been provided by the company.
FISCAL AUTHORITY:
BUDGETED: N/A
GRANT:
BOND/CO
Other:
Account #:
Account #:
LEGAL REVIEW:
I
MANAGER'S RECOMMENDATION:
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Sep,11,2007
1 : 09 PM
Pierson and Fendley
No,3788
p, 1/1
ACORD,M CERTIFICA TE OF LIABILITY INSURANCE DATE (MMIDDIYYVY)
9/11/2007
PRODUCER (903) 784-0836 FAX: (903)785-8434 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Pierson & FencUey ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1705 Lamar Avenue AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 459
Paris TX 75461-0459 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Assiqned Risk Auto 0007
City Cab, DBA: Transportation Providers, LLC INSURER B
1995 N. Main INSURER C
INSURER 0
Paris TX 75460 INSURER E
:OV
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L PD,*+~~~i:68;W~ Pgk~t~~b~N
LTR INsilo TYPE OF INSURANCE POLICY NUMBER LIMITS .
GENERAL LIABILITY EACH OCCURRENCE ----tL------___
- ~~~~~J?E~~~Ju~~nCe)
- COMMERCIAL GENERAL LIABILITY $
r-- o CLAIMS MADE D OCCUR MED EXP (Anyone person) $
r-- PERSONAL & ADV II,JURY $
r-- GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $
Ii nPRO- n
POLICY JFCT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
AIJY ."UTO (Ea accident)
r--
A ALL OWNED AUTOS LXD1456517 4/27/2007 4/27/2008 BODILY INJURY
I--- (Per person) $ 20,000
~ SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY 40,000
$
NON-OWNED AUTOS (Per accident)
- ..~
PROPERTY DAMAGE $ 15,000
(Per accident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R .ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY FA~HOCCURREN~F $ --
=:=J OCCUR D CLAIMS MADE AGGREGATE $ --
$
~ ,DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STATU-I [OTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTI VE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
.
CERTIFICATE HOLDER
CANCELLA TION
(903)784-1798 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Paris EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
PO Box 9037 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Paris, TX 75461-9037 -
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Pierson & Fendley Ins. Agcy LLC
ACORD 25 (2001/08)
INS025 101081 OSa
@ACORDCORPORATION 1988
Page 1 of 2
DRAFT
ORDINANCE NO.
fattomeylresworklcurrentlFranchise - City Cab - Raney 2007
September 11, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA
CITY 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 THREE (3) YEARS, BEGINNING JANUARY 11, 2008,
AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF
SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE
FEE 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; PROVIDING FOR MINIMUM
LIABILITY INSURANCE REQUIRED FOR 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, TEXAS:
Section 1. That there is hereby granted to Steve B. Raney and Wendy L. Raney, dba City
Cab Company, hereinafter called grantees, an extension of an existing right, privilege, and franchise
for a period of three (3) years, beginning January 11,2008, the date of termination of the existing
franchise, and ending January 10,2011, 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 grantees 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. That the right, privilege, and grant herein contained shall not be transferred or
assigned by Grantees 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 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 shall
be maintained and operated in accordance with the laws of the State of Texas and ordinances of the
City of Paris, and any amendments thereto, or either of them, relating to or regulating the
maintenance and operation of motor vehicles upon streets or highways.
Section 5. That the City of Paris, in granting this franchise, fully retains and reserves all the
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_. -~ . .'II~
rights, privileges, and immunities that it now has under the law to fully use, patrol and police the
public streets, alleys, and right-of-ways within the City, and the granting ofthis franchise shall in no
way interfere with the rights of the City of Paris to fully use said streets, alleys, and right-of-ways
for any other public utility or public purpose, nor shall this franchise in any way interfere with the
City's right to improve or maintain any streets, alleys, or right-of-ways in the City of Paris, and the
rights of the grantees 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 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. This
payment shall represent the franchise payment due the City of Paris. Failure to pay said franchise
fee when due may result in forfeiture of this taxicab franchise.
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:
(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, City Charter
provision ,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 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 ofthe 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 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 automobile liability insurance coverage
which fully meets or exceeds the State of Texas minimum financial responsibility requirements for
operators of motor vehicles in the state. The insurance policy shall also provide coverage for injury
to passengers and shall indemnify the City of Paris, its elected officials, officers and employees from
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--..... ."......-....
and against 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. 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 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 1 st 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 ofthis franchise. 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 thirty (30) 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 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 amounts, 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 Grantee fails to provide the City with a current Certificate of
Insurance with appropriate insurance coverage for all vehicles operated under this Franchise
Ordinance and/or Grantee fails 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, such failure shall constitute grounds for termination of this franchise.
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 convenient location on both sides of said vehicles.
Section 13. 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 grantees 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 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
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to facilitate clean and professional taxicab service to be rendered to the public under
this franchise, any such rules and regulations, when adopted, to be binding upon the
grantees herein.
Section 14. That motor vehicles operated by grantees under this franchise shall be known
as "taxicabs" 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 ofthe power
to regulate rates and charges which the grantees may charge to 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 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 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 Council
from fully exercising that power and providing suitable provisions to enforce such power.
Section 18. 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 19. That the grant ofthis 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 ordinance or
ordinances, even if the term of this ordinance has not expired.
Section 20. That within ten (10) days after the passage of this ordinance by the City Council,
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the grantees herein shall file with the City Clerk, in writing, the acceptance of the terms and
provisions of this grant.
Section 21. That this taxicab franchise ordinance was introduced, read, and passed on first
reading on September 24,2007, at a regular meeting of the City Council of the City of Paris; read
and passed on second reading on October 22,2007, at a regular meeting of the City Council of the
City of Paris; and, read and passed on third and final reading on November 12,2007, 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 22. 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 ofthe
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 23. 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 24. That this ordinance shall become effective in accordance with the terms and
provisions ofthe City Charter of the City of Paris, and shall be effective for a period oftime as stated
herein.
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