87-087 ORD GRANTING MCKINLEY JOHNSON DBA PRIDE OF PARIS TAXICAB FRANCHISE TO USE PUBLIC STREETS ETC
ORDINANCE N0. 87-087
AN ORDINANCE GRANTING TO MCKINLEY JOHNSON, DBA PRIDE OF
PARIS TAXICAB, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS
AND HIGHWAY5 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 DECEMBER 13, 1992, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID
BUSIrdESS; 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 VFHICLES 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 McKinley
Johnson, dba Pride of Paris Taxicab, 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 sai_d 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 rnaintained.
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
fully patrol and 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, alJ_eys 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 hereiti 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. The grantee shall, during the life of
this franchise, pay to the City of Paris at the office ot
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 madify, amend, alter, change or eliminate any of
the provisions of this franchise, during the life of the
same, for the J'ollowing purposes, ta-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 Consti-
tution 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. Furtherm.ore, 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.
Cruisir.g 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,
either by signal, word of mouth or by carrying a sign with
the word "Vacant" thereon, or some other word of similar
import oz 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 franchi.se grantee shall have procured and kept in
full force and effect policy or 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 pa3 directly to every
judgment creditor who has been injured through the negligent
operatioti of any such motor vehicle by the grantee or his
employees, or whose preperty 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, IlOt
exceeding for bodily injury or death to any one person the
sum of Twerity Thousand ($20,000.00) Dol.l.ars, the sum of
Forty Thcusand ($40,000.00) Dollars, for all persons injured
iri any one accident or occasion, and Fifteen 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 of action shall
stirvive in case of death of any injured or damaged person
ior the benefit of the beneficiary of anv such person, ancl
shall further provide that such policv 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 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 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 11. In thP event of the failure of grantee
to fully discharge any claim for damages established by
final judgmPnt of a court oF competent jurisdiction within
sixty (60) days after the same has been so established, this
franchise sYiall automatically be foifeited.
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 l
be registered with the City Clerk of the City of Paris bv
motor number, and the City Clerk shall assign for each such
respective vehicle in numerical order, beginning with the
Number l, 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 thP duty of the City Council
of the City of Paris to enforce the provisions of this
ordinance and all applicable regulations. He shall also
recommend 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 sliall
from time to time during the term of this franchise have the
power and authority to promulgate effective regulations
concerning ttie following, to-wit:
(a) To make reasonable orders respecting character,
eytent, quality atid standard of service of grantee to be
proviried 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
-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 an_y 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 passPnger
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 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 gra.ntee'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, theri 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 and
providing suitable provisions to enforce such power.
Section 18. 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 19. 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 thereupon immediately, ipso facto, effect a
forfeiture thereof, and the said City, by the City Council,
mdy 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 became null and void and of no effect.
Section 20. 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 ana 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 final reading.
Passed and adopted on third and final reading this 14th
day of December, 1987.
By: -
aii~~,4o4ee urnett, ayor
ATTEST:
Mattie Cunningham, City er
APPROVED AS TO FORM:
T. K, a nes, City Attorney