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2037 ORD GRANTING YELLOW CAB CO OF PARS A FRANCHISE TO USE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF COP2037 ORDINANCE NO. _ A1V ORDINANCE GRANTING TO YELI-OTSCA~-LEYSAA D HIGHWAYS OFC. A FRANCHISE TO USE THE PUBLIC STREE , THE CITY OF PARIS FOR THE PURPOSEPOF TRANS-PORTTENING (1~)AY~RS~BE- FOR HIRE IN MOTOR VEHICLES FOR A RIOD GINNING JULY 12, 1971, AND ENDING BE Y pROVIDING FORNTHEEREGUMS AND CONDITIONS HEREINAFTER PRFSCRI , LATION OF SAID BUSINFSS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALI-EYS AND HIGHWAYS' SPF-C PROVIDING FOR THE TERMINATION OF FGRANT OR USEPOF SAIDI GRANT ON- DITIONS; PROVIDING FOR TAXICAB ST OF PROVIDING FOR PUBLIC I-IABII-ITY IN~DING FORTTHE MOSUPERVTOR AND EQUIPMENT OF SAID GRANTEE; PRO THE SAID BUSINESS AND INSPECTION OF ITS D PR ~D ~~U~F~TIVE DATE. OFFICIALS OF THE CITY OF PARIS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. There is hereby graxlted to Yellow Cab CTiPilege of Paris, Inc., hereinafter called grantee, the right, July 12, and franchise for a period of ten (10) years, beginning 1971, and ending July 12, 1981, to operate a taxicab service in the City of Paris and on the streets, alleys and public ways within the City Limits of said Cethereintshallama ntainlthe f passengers for hire. The grante principal office and place of business of said business within the corporate limits of the City of Paris, where the headquar- ters of said business shall be maintained. Section 2. The right, privilege and grant herein con- tained shall not be transferred or assigned without the formal action and consent of the Governing Body of the City of Paris trans- first had and obtained, and any attemphed g~~~ee herein without fer of such rights and privileges by ermission from first having had and obtained such consent and p 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 taxicabs operated uT maintained said franchise shall be used for thep of such passen- tation of passengers and the personal luggage gers. Section 4. That all automobiles or vehicles used in connec- tion with this taxicab service shall be operated in accordance with the laws of the Statendmentsathereofr or eitherfofhthem,yre£ Paris, and such future am lating 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 immuni- ties 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, alleys and public ways for any other public utility, nor shall this franchise in main any any way interfere with the improvement and thetrights of the other streets, alleys and public ways, grantee herein to use said streets shalBoa oflthe Citbeofub- servient to the right of the Governing Y Paris to fully exercise its rights or control over said streets, alleys and public ways. The grantee shall, during the life of this fran- Section 6. chise, pay to the City of Paris at the office of the CityeTlve- re- in lawful money of United saidetaxicab equal hicle usel. in the operation mittance shall be made altipulatedfand provided anythis July each year. The payments s section shall be in lieu of any other tax or asseereafter be charqe by the City of Paris which may now or may h 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 provi- sions 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 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. That it shall hereafter be unlawful f or tauto- grantee, its officers, agents or employees, operating axly mobile for hire within the City of Paris, to cruise. Cruising shall consist of seeking, searching or soliciting employment while operatin g an automobile for hire, by repeatedly and per- sistently driving such automobile for hire to and fro on the public streets of the City of Paris and off ering 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 siznilar import or otherwitreetsmofner whatsoever operating said vehicle upon the Public s engers or the City of Paris for the purpose of soliciting pass 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 eff ective period of this franchise grantee shall have procured and kept in full force and effect policy or policies of public liability insur- ance, covering each motor vehicle to be operated and operated under this franchise, conditioned that the holder of the fran- chise shall well and truly pay directly to every judgment cre- ditor who has been injured 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 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 Ten Thousand ($10,000.00), or the sum of Twenty Thousand Dollars ($20,000.00) for all per- sons injured in any one accident or occasion, and not exceeding Five Thousand Dollars ($5,000.00) for property damages arising out of any one accident or occasion. Any such policy of insur- ance 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 provicbthat such policy shall be subject to successive recoveries during the time that the same may continue in effect. Any such policy of insurance sha11 be issued by an approved in- surarice company, authorized to do business in the State of Texas, and a copy of any such policy or amendment thereto shall be de- livered to the office of the City Clerk of the City of Paris, Paris, Texas. Section 11. In the event af 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 automati- cally 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 shall be registered with the City Clerlc of the City of Paris by motor number, and the City Clerk shall as- sign for each such respective vehicle in numerical order, be- ginning 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 13. 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 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 provide for grantee a reasonable and fair rate of return upon the fair value of the propertyLSed and useable in connection with the ren- dering of service to the public under this franchise; (c) To make such other rules and regulations as may be rea- sonably necessary to facilitate adequate service to be rendered to the public under this franchise, any such rules and regula- tions when adopted to be binding upon the grantee herein. Section 14. Motor vehicles operated by grantee under this franchise sh:all 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 headquar- ters 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 spe- cial 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 assessments, 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 condi- tions that the 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 ac- quiescence 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 le- gislative and governmental power to fix and regulate the rates that the grantee herein shall charge to the public, the ques- tion of property values used and useful in the renderin g 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 re- gulate 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 ma- chinery for the administrative, legislature or executive control of such matter shall not preclude the Council from fully exercis- ing that power and providing suitable provisions to enforce such power. Section 18. Shoul d it be determined that any clause, con- dition, or covenant of this franchise is, for any reason, ille- gal 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 fran- chise. 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, 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 a,nd 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 and provisions of this grant. Section 21. This ordinance shall become effective on September 10, 1971. Introduced, read and p assed on first reading on May 10, 1971 at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on June 7, 1971; and final reading at a regular meeting of the City Council on July 12, 1971, 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. Passed and adopted on third and final readin g this 12th day of July, 1971. W. Farris, Mayor ATTFS 7~ ; ~H. C. Gr efene, City Clerk