2242 ORD GRANTING TO MCKINLEY JOHNSON DBA PRIDE OF PARIS CAB COMPANY FRANCHISE TO USE PUBLIC STREETS ETCORDINANCE NO. 2242 ,
AN ORDTNANCE GRANTING TO McKINLEY JOHNSON D/B/A
PRIDE OF PARIS CAB COMPANY, A FRANCHISE TO USE THE PUB-
LIC STREETS, A.LLEYS AND HIGHWAYS OF THE CITY OF PARIS
FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN
MOTOR VEHICLES FOR A PERIOD OF TEN (10) YEARS, BEGINN-
ING NOVEMBER 7, 1975, AND ENDING NOVEMBER 6, 1985, UPON
THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PRO-
VIDING FOR THE REGULATION OF SATD 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 CONDI-
TIONS; 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 IN-
SPECTION 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 l. There is hereby granted to McKinley Johnson,
d/b/a Pride of Paris Cab Company, hereinafter called grantee, the
right, privilege and franchise for a period of ten (10) years, be-
ginning November 7, 1975 and ending November 6, 1985, 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 prin-
cipal office and place of business of said business within the cor-
porate 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 governing body of the City of Paris first had and ob -
tained, and any attempted assignment or transfer of such rights and
privileges by the grantee herein without first having had and obtained
such consent and permission from the governing body of the City of
Paris shall operate ipso facto as a termination of the rights, privi-
leges 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 personalluggage 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 regulat-
ing 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 right 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 mainte -
nance of any other streets, alleys and public ways, and the rights of
the grantee herein to use said streets shall at all times be subser -
vient to the right of the governing body 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 10th day of July 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 as 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 por-
tion of this instrument with reference to the termination thereof, this
right is granted subject to the provisions of Article l, Section 17 and
20 of the Constitution 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 governing body 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 hear-
ing, to absolutely terminate this grant for any violations of the terms
and provisions of this ordinance.
Section 9. 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 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 j udgment creditor who has been inj ured through the negligent
operation 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 compe-
tent 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 ten thousand dollars ($10, 000. 00), or the sum of twenty thousand
dollars ($20, 000. 00) for all persons inj ured in any one accident or
occasion, and not exceeding five thousand dollars ($5, 000. 00) for pro-
perty damages arising 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 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 of insur-
ance shall be issued by an approved insurance company, authorized to
do business in the State of Texas, and a copy of any such policy or
amendments thereto shall be delivered to the office of the City Clerk
of the City of Paris, Paris, Texas.
Section 10. In the event of the failure of grantee to fully dis -
charge 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 11. Every taxicab operated by grantee under this fran-
chise 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. A.11 such vehicles shall
be owned by and registered in the nam e of the 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 nu-
merical order, beginning with the Number 1, a number, which number
shall at all times be displayed at some convenient location on both sides
of the same.
Section 12. It shall be the duty of the City Manager of the City
of Paris to enforce the provisions of this ordinance and all other appli-
cable regulations. He shall also recommend to the governing body 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. 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 orders 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 pro-
vide 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 franchise, any
such rules and regulations 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" and when not
in use in the service 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. 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.
Section 15. That the grantee shall promptly pay all lawful ad
valorem taxes, and such other levies and assessments, if any, that
may be lawfully imposed upon him. 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 de-
clare the rights of the grantee hereunder forfeited for such breach.
Section 16. This grant is made upon the express conditions
that the non-exercise 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 body of the City of Paris does not exer-
cise its legislative and governmental power to fix and regulatethe
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 ser-
vice. If, and when, the City Council, or other governing body shall
exercise the power to fix the rates to be chargedfor 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, arJ the failure to provide under this ordinance
the machinery for the administrative, legislative 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 17. Should it be determined that any clause, condi -
tion or covenants of this franchise is, for any reason, illegal or un-
enforceable, 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 18. 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 imme-
diately, 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 grantees shall thereupon and
immediately surrender all rights in and to the same, and said fran-
chise shall become null and void and of no effect.
Section 19. Within ten (10) days after the third and final read-
ing of this ordinance and its passage 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 20. This ordinance shall become effective sixty (60)
days from and after the date of its passage and adoption on third and
final reading.
Introduced, read and passed on first reading on July 14, 1975
at a regular meeting of the City Council of the City of Paris; second
reading at a regular meeting of the City Council on August 11, 1975;
and final reading at a regular meeting of the City Council on
September 8, 1975, the same being three (3) separate regular meet-
ings of the City Council of the City of Paris, the last being not less
than thirty (30) days from the first.
Passed and adopted on third and final reading this 8th day of
September, 1975.
Ja s M. runette, Mayor ~
A TTEST: ,
i
,
H. C. Greerfe, City Clerk
APP OVEII~~ TO FORM:
r
T. . Hayne , City ttorney