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87-088 ORD GRANTING JOHN HARVILLE DBA YELLOW CAB FRANCHISE TO USE PUBLIC STREETS ETC ORDINANCE N0. 87-0$8 AN ORDINANCE GRANTING TO JOHN HARVILLE, DBA YELLOW 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 FIVE (5) YEARS, BEGINNING DECEMBER 14, 1987, AND ENDING UECEMBER 13, 1992, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION 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 SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE UFFICIALS 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 John HarvilZe dba Yellow Cab Company, 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 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 head- quarters of said business shall be maintained. Section 2. The right, pr.ivilege arid 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 o-f 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 grariting this franchise, fully retains and reserves alI the rights, privileges and immunities that it now has under the law to fully patrol aiid 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 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, excluciing 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 f.orfeiture 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 fol.lowing 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 l, Section 17 and 26 of the Constitu- tion 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. Furthermore, the City Cauncil 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 vi_olations of the terms and provisions of t_his ordinance. Section 9. That it shall hereafter be unl.awful 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 fro on the public streets of the City of Paris and affering 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 oi 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 sol.iciting 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 ai this franchise 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 pay directly to every judgment creditor who has been injured through the iiegligent operation of any such motor vehicle by the grantee or his employees, or whase property has been damaged, any amount or amounts of money that shall have been awarded by final judgment of ariy court of competent iurisdiction 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 Thousana ($20,000.00) Dollars, the sum of Forty Thousand ($40,000.00) Dollars, for all persons injured in any one accident or occasion, and Five 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 sha11 survive in case of death of any injured or damaged person for the benefit of tlie beneficiary of any such person, and shall further provide that such policy sh.al.l be sub j ect to successive recoveries during the time that the same may continue in effect. Any such policy of insurance shall be issued by insurance underwriters authorized tc do business in the State of Texas and approved by City. Grantee shall furnish City, by delivering to tYie 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 poZicies 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 the event of the failure of grantee 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, this franchise shall automatically be forfeited. Section 12. Every taxicab operated by grantee under this franchise shall at all times have painfied 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 oUmed 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, 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 the duty of the City Council of the City of Paris to enforce the provisions of this ordinance and all appli.cable regulations. He shall also recommend to the City Council of the City of Paris from titne to time reasonable rules ana 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 ter.m of this franchise have the power ancl authority ta promulgate effective regulations concerning the following, to-wit: (a) To make reasonable orders respecting character, extent, quality and standard of service of grantee to be provided under this f.ranchise; (b) To fix such rates for service to the public as are not in conflict with the express provisians hereof as will provide ior grantee a r.easonable and fair rate of return upon the fair value of the property used aizd useable in connection with the rPndering 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 shali mean any passenger vehicle with not more than two seats and a norr.lal 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 desigiratecl 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 priviiege granted herein and cne 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 conditi.7r:s Liidt the nonexercise .31 Lne power to regulate rates anci cix,,rges which the grantee Llray 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 governirig oody of the City of Par~6 aoes not exercise its legislative and governmental power to fix and regulate the rates that the gra.ritee herein shall charge to the publi_c, the question of property values used and useful in the rendering of the service prior to rate regulacion shall never stop the Cicy .trom determining tne real or actual value ol property used or usef_ul 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 riie City of Pa.ris no allowance in the way of said r.ate shall be made as compensation for any property used or consumed in rendering the service by the grantee herein for such service. If, and whera, the Ci.ty Council decides to regulate rates, then at such time the Council will fully exercise its rate regulatary power under the provisions oT law applicable thereto, and trxe fail.ure to provide under this ordinance the machinery tor the administrative, -1 ciV:s c~ l (D ~ such matter shall not nreci_ude the Cot~r.~~ ;_1 L'r,_)m fully exerci.qi a that power and providing suitable nrnvisions to enforce s~c?~ ~~~T,,Ter. Section 18. Should it be determined that any clause, condition, or covenant of this franchise is, tor 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 coriditions and stipulations contained in said franchise shall thereupon immediately, ipso facto, effect a forfeiture thereo.f, 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. Within ten (10) days after the passage of this ordinance by the City Council, the grantee hereiri shall file with the City Clerk, in writing, the acceptance of the terms and provisians 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 oii 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 : i oe urnett, Mayor ATTEST: Mattie unningham, C y C er APPROVED AS 0 FORM: ; T. Haynes, Citv Attorney