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87-086 ORD GRANTING LEWIS WALTER SMITH JR DBA SMITH TAXICAB SERVICE FRANCHISE TO USE PUBLIC STREETS ETC ORDINANCE N0. 87-086 AN ORDINANCE GR.ANTING TO LEGJIS WALTER SMITH, JR., DBA SMITH TAYICAB SERVICE, 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 QF FIVE (5) YEARS, BEGINNING DECEMBER 14, 1987, AND ENDING DECEMBER 13, 1992, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATIC?N 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; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISIUN OF SAID BUSINESS AND INSPECTION QF 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 l. There is hereby granted to Lewis Walter Smith, Jr., dba Smith Taxicab Service, hereinafter called grantee, the right, privilege and franchise for a period of five (5) years, beginning Deceuriber 14, 1987, and ending December 13, 1992, to operatP 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 headquarters 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 hereiri 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 automobiZes 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 Ci.ty c►f 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 fully patrol ar.d 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 grantee herein to use said streets shall at all times be subservient to the right of the City Council of the City of -1- 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 lOth 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 subject to the provisions of Article 1, Section 17 and 26 of the Constitution of the State, the applicabZe 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 repeatedly and persistently driving such automobile for hire to and £ro 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, ar 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. At all times during the effective period of this franchise grantee shall have procured and kept in full force and effect policy or policies of public Iiability 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 -2- operatiori 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 any one person the sum of Twenty Thousand ($20,000.00) Dollars, the sum of Forty Thcusand ($40,000.00) Dollars, for all persons injured iri any one accidEnt Qr occasion, and Fifteen Thousand ($15,000.00) Dollars for property damages a.rising 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 o£ the beneficiary of any such person, and shall further provide that such policy shall be subject to successive recoveries during the ti_me 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 Gity. Grantee shall furnish City, by delivering to the City Clerk, a certificate f_rom the insurance carrier showing such insurance to be in full force and effect during the entire term o£ this lease, or shall depos:it with the City Clerk of the City of Paris, copies of 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. Sectior. 11. In thP event of the failure of grantee to fu11y discharge any claim for damages established by ~ir.al judgment of a court of competent jurisdiction withir. 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 grantee, and no other vehicle may be used under this franchise. Each of such vehicles shal_1 he 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 with the Number 1, a numbEr, which number shall at a11 times be displayed at some convenient location on both sides of the same. Sectian 13. It shaJ_1 be the duty of the City Council of the City of Paris to enforce the provisions of this ordinance and all applicable regulations. He shall also rPcommend 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. Amang other things, the City Council shall from time to time during the term of this franchise have the power and authorit_y to promulgate effective regulations concerning the following, to-wit: (a) To make reasonable orders respecting character, extent, quality azid standard of service of grantee to be provided under this franchise; (b) To fix such rates for service to the publzc as are not in conflict with the express provisions hereof as will provide for grantee a reasonable and fair rate of return -3- 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 persons, 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. Sectior_ 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 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 17. 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 correct- ness of said grantee's established rate, and that so long as the governing body 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 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 grantee herein 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 administrative, legislature or executive control of such matter shall not preclude the Council from fully exercising that power azid providing suitable provisions to enforce such power. Section 18. Should it be determined that any clause, condition, or covenant of this franch.ise 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 said grantee to comply with -4- 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. w'ithin 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 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 on 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 fixial reading. Passed and adopted on third and tinal reading this 14th day of December, 1987. By: i oe urnett, Mayor ATTEST: Mattie Cunning am, City er APPROVED A5 TO FORM: I X , T. H ynes, City Attorney -5-