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