Loading...
91-022 ORD GRANTING DANNY TAYLOR DBA CONCEPT COURIERS FRANCHISE TO USE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF COP ORDINANCE N0. 91-022 AN ORDINANCE GRANTING TO DANNY TAYLOR, DBA CONCEPT COURIERS, A F'RANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF THE CITY OF PARIS FOK THE PURPOSE OF TRANSPORTING DOCUMENTS AND FREIGHT IN MOTOR VEHICLES FOR A PERIOD OF FIVE (5) YEARS, BEGtNNING MAY 14, 1991, ANll ENDING MAY 13, 1996, UPON THE T'ERMS ANll CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PRUVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS AND HIUHWAYS; PROVIDING FOR THE TERMINATION UF SUCH GRANT UPOIV SPECIFIED CONDITIONS; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT GF SAID GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICIILAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVI.llING AN EFFECTIVE DATE. t3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. There is hereby granted to Danny Taylor, dba Concept Couriers, hereinafter called grantee, the right, privilege and franchise fcr a period of five (5) years, beginning May 14, 1991, and ending May 13, 1996, to operate a courier 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 dacuments anci freight. The grantee herein shall maintain the principal office and place ot business of said business within the corporate limits of the City of Paris, where the headquarters of said business shall be maintaired. Section 2. The right, privilege and grant herein contained shall not be transferred or assigned withcut the formal action and conserrt of the City Council of the City of Paris first had and obtained, and atiy 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 ot the City af Paris shall operate ipso facto as a termination ot the rights, privileges and grant herein contained. Section 3. That the vehicles operated or maintaineci under said franchise shall be used for the purpose of transportation of documents and freight. Section 4. That all automobiles or vehicles used in connection with this courier service shall be operated in accordance with the laws of t:he State of Texas and ordinances of the City of Paris, and such future amendments thereof, or either of them, relating ta or regulating the operation of motor vehicles upon streets ar hignways. 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 fully patrol and police the streets, alleys and public ways within the City, and the granting of this franchise shall in no way intertere with the r.ights of the City of Paris to tully use said streets, alleys and public ways for any other public utility, tior 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 grantee herein to use said streets shall at aIl titnes be subservient to the right of the City Council of the City of Paris to fully exercise its rights or contral over said streets, alleys and public ways. Section 6. The grantee shall pay to the City of Paris a sum equal to three (3) per cent of the gross receipts for the preceding calendar year, such annual franchise payments being due and payable an or before June 1, 1992, and annually thereaFter, in fu:11 payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Paris for such respective calendar years, and this payment shall be in lieu of any other tax or increased rate of tax or other assessments or charges, except 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 fo'llowing purposes, to-wit: (1) To eliminate or delete from the same such conditions as then prove obsolete or impractical; (2) To impose such additioiial 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 rignt is granted subject to the provisions of Article l, Section 17 and 26 of the Constitu- cion 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 Pari.s. Furthermore, the City Council ot the City of Paris reserves the absolute right upon notice and a hearing, which said notice shall be given to the grantee riot less than thirty (30 ) days before such hearing, to absolutely terminate tnis grant for any violations of the terms and provisions of this ordinance. Section 9. At all t:iffies during the effective period of this franchise grantee sha]_1 have procured and kept in full force and effect policy ar policies of public liability insurance, covering each motor vehicle to be operated and operated under this franchise, conditioned that the holder 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 grantee or his employees, or whose property has been damaged, any amount or amourits of money that shall have been awarded by final judgment of any court of competent jurisdiction against such grantee on account of arly such injury or damage, not exceeding tor bodily injury or death to any one person the sum of Twenty Thausand ($20,000.00) Dollars, the sum of Forty Thousand ($40,000.00) Dollars, for all persons injured in any one accident or occasion, ar►d Fifteeri Thousand ($15,000.00) Dollars for property damages arising out of any one accident or occasion. Any such policy of insurance shall further provide that each such cause af 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 oi insurance shall be issued by insurance under- writers 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 lull force and effect during the entire term of this lease, or shall deposit with the City Clerk of the City of Paris, copies ot 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 10. In the event of the failure of graritee to fully discharge any claim for damages established by final judgment of a court of competent jurisdiction withici sixty (60) days arter the same nas been so established, this franchise shall automaticall.y be forfeited. Section 11. Every motor vehicle 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 grantee, 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. Section 12. It shall be the duty of the City Council of the City of Paris to enforce the provisions af this ordinance and all applicable regulations. He shall also recommend to the City Council of the City of Paris from tiffie 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 following, to-wit: (a) To make reasonable vrders respecting character, extent, quality and standard of service of grantee to be provided under this franchise; (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 iranchise, any such rules and regulatious when adopted to be binding upon the grantee herein. Section 13. Motor vehicles operated by grantee under this franchise shall be known as "public service vehicles" ar,d 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 14. That the grantee shall promptly pay all lawful ad valorem taxes, and such other levies and assess- ments, if ariy, that may be lawfully imposed upon it. Failure to pay any of such charges or• either of them shall be deemed a breach af the privilege granted herein and the City, upon the happening of such event, may declare the rights of the grantee hereunder forfeited for such breach. Section 15. This grant is made upon the express conditions that the nonexercise of the power to regulate rates and charges which the grantee 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 grantee's established rate, and that so long as the governing bady of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the grantee herein shall charge to the public, the questiori 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 userul in rendering such service. If, and when, the City Council or other goverriing body shall exercise the power to fix the rates to be charged tor such service in the City ot Paris no allowance iri the way of said rate shall be made as compensation tor any property used or consumed in rendering the service by the grantee herein for such service. If, and when, the City Council decides to regulate rates, then at such time the Council will tully exercise its rate regulatory power under the pravisions of law applicable thereto, and the iaiiure to provide under this ordinance the machinery tor the administrative, legislature 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 16. Should it be determined that any clause, condition, or covenarit of this iranchise 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 frarichise. Section 11. 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 thereupcn immediately, ipso facto, effect a forfeiture thereot, and the said City, by the City Council, inay thereupon declare said franchise forfeited, and nay exclude said grantee trom further use of the streets of said City under said franchise, and said grantee shall tnereupon and ijrimediately surrender al.L rights in and to the same, and said franchise shall become null and void and of no effect. Section 18. Within ten (10) 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 19. Introduced, read and passed on first reading on April 8, 1991, ar: a regular meeting of the City Council of the City uf Paris; second reading at a regular meeting of the City Council on May 9, 1991; and tinal reading at a regular meeting of the City Council on May 13, 1991, the same being three separate regular meetings o{ the City Council of the City of Paris, the iast being not less than thirty days from the first. This ordinance shall become effective sixty (60) days from the date of the third and tinal reading. Passed and adopted on tl7ird and final reading this 13th day of May, 1991. By Ge rge is er, Jr., Mayor ATTEST: Mattie unningham, City Clerk APPROVED AS 0 FOKM: T. . H yn , City Attorney