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2286 ORD GRANTING LAMAR COUNTY HUMAN RESOURCES COUNCIL INC FRANCHISE TO USE PUBLIC STREETS ETC OF COPORDINANCE NO. 2286 AN ORDINANCE GRANTING TO LAMAR COUNTY HUMAN RESOURCES COUNCIL, INC., A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE THAT QUALIFY BY VIRTUE OF BEING HANDICAPPED, OR AGE 65 AND OLDER, OR AN ESCORT PERSON FOR SAME, IN MOTOR VEHICLES FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JANUARY 1, 1976, AND ENDING DECEMBER 31, 1981, UPON THE TERMS AND CON- DITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE RE- GULATION OF SAID ORGANIZATION; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID ORGANIZATION 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. Ihere is hereby granted to Lamar County Human Resources Council, Inc. , hereinafter called Grantee, the right, privilege and franchise for a period of five (5) years, beginning January l, 1976, and ending December 31, 1981, to operate a trans- portation service in the City of Paris and on the streets, alleys, and public ways within the city limits of said City, for the transporta- tion of passengers as defined above. The Grantee herein shall maintain the principal office and place of dispatch within the cor- porate limits of the City of Paris, where the headquarters shall be maintained. It is expressly understood that the Lamar County Human Resources Council, Inc. is to provide passenger service in ve- hicles that are soley owned and under rigid control of the State Department of Highways and Public Transportation, and the extent of service shall be limited to those passengers aualifying under the guidelines of the Urban Mass Transportation Act of 1964 as inter- preted by the Texas Highway Department and as deemed feasible by the Lamar County Human Resources Council, Inc. It is further understood that the Lamar County Human Resources Council, Inc. is a non-profit corporation, incorporated in the State of Texas and this Grantee shall operate the transpor- tation program on a non-profit basis and shall with the permission of the City of Paris, periodically regulate fares to maintain a sol- vent non-profit status. This franchise is expressly limited to performing services as defined by the Urban Mass Transportation Program for the aging and handicapped and shall not be interpreted or extended to serve the general public. Section 2. The rights, 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 obtained, 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, privileges and grant herein contained. Section 3. That the buses operated or maintained under said franchise shall be used for the purpose of transportation of passen- gers as heretofore described and the items of personality of such passengers. Section 4. That all buses or vehicles used in connection with this bus service shall be operated in accordance with the mandates of the State Department of Highways and Public Transportation who retains clear title to all transportation equipment and establishes guidelines for this transportation program, laws of the State of Texas, and ordinances of the City of Paris, and such future amend- ments thereof, or any of them relating to or regulating the opera- tion 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 im - provement 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 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 fran- chise, 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 bus service, which remittance shall be made annually on or before the lOth day of July each year. The pay - ments 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 pur- poses, to-wit: (1) To eliminate or delete from the same such condi- tions 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 service to the passenger. 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, Sections 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 hearing, 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 its employees, or whose property has been damaged, any amount or amounts of money that shall have been awarded by final j udgment 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 persom the sum of $100, 000. 00 or the sum of $300, 000. 00 for all persons injured in any one accident or occasion, and not exceeding $10, 000. 00 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 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 insurance shall be issued by an insurance company approved by the City Attorney, 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 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 for- feited. Section 11. Every bus 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 identifi- cation of the organization operating under such 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 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 applicable 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 re- gulations concerning the following, to-wit: (1) To make reasonable orders respecting character, quality and standard of service of Grantee to be provided under this franchise; (2) To fix such rates for service to the passengers as are not in conflict with the express provisions hereof as will provide for Grantee's operating expenses; (3) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be rendered to the passengers 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 when not in use in the service of the privileges granted herein, shall be stationed or parked on private property of the Grantee or its agents. Section 14. The word "bus" as used in this ordinance shall mean any passenger vehicle with two seats or more and a normal capacity in excess of six persons or more, which is not operated over a fixed route or routes and which is engaged for the purpose of carrying a passenger or passengers. Section 15. 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 transportation program 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 exercise its legislative and governmental power to fix and regulate the rates that the Grantee herein shall charge to the public shall never be construed as a waiver of right to regulate rates. The question of property values used and useful in the ren- dering of the service prior to rate regulation shall never estop the City from determining the real and 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 re- gulatory power under the provisions of law applicable thereto, and 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 provid- ing suitable provisions to enforce such power. Section 16. Should it be determined that any clause, con- dition or covenant of this franchise is, for any reason, illegal or unenforceable, such clause, condition or covenant shall be disre- garded and the existence of the same shall not affect the remain- ing clauses, conditions or covenants of this franchise. Section 17. That any unwarranted and intentional neglect, failure or refusal of said Grantee to comply with any of the condi- tions 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 18. Within ten (10) days after the third and final reading 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 19. 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 February 9, 1976, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on March 8, 1976; and final reading at a regular meeting of the City Council on May 10, 1976, the same being three (3) separate regular meetings of the City Council of the City of Paris, the last being not less than thirty (30) days from the first. Passed and adopted this lOth day of May, 1976. r ( ; f.~,"~<~~~~~~~5 _ • ~'y t James M. 13runette, Mayor ATTEST: \ ~ ~ , #._...F:..:i.-.L... ! . H. C. Grecne, City erk APP VED AS O FORM: . K. Hay es, City Attorney