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1953 ORD GRANTING TO LEONARD BOONE AND MCKINLEY JOHNSON FRANCHISE TO USE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF COPORDINANCE NO. 1953 AN ORDINANCE GRANTING TO LEONARD BOONE AND McKINLEY JOHNSON A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGH- LVAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PAS- SENGERS FOR HIRE IN MOTOR VEHICLFS FOR A PERIOD OF FIVE (5) YFARS, BEGINNING MAY 101 1970, AND ENDING MAY 9, 19755 UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A GROSS RDCEIPTS TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS ) ALLEYS AND HICHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEES; PROVIDING FOR PUBLIC LIABILITY IN- SURANCE ON THE MOTOR VEHICLFS AND EQUIPMENT OF SAID GRANTEFS; 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, PARIS, TEXAS: Section l. There is hereby granted to Leonard Boone and McKinley Johnson, hereinafter called grantees, the right, privi- lege and franchise for a period of five (5) years, beginning May 10, 1970 and ending May 9, 1975, to operate a taxicab ser- vice 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 grantees 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- quarterscf 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 first had and obtained, and any attempted assignment or trans- fer of such rights and privileges by the grantees herein with- out first having had and obtained such consent and permission from the Governing Body of the City of Pazis 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 accord- ance 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 motcer 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 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 maintenance of any other streets, alleys and public ways, and the rights of the grantees 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 grantees 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 two (2) per cent of tYe gross receipts and total fares collected and other income derived from the operating of said taxicab business, whk h remittance shall be made monthly on or before the lOth day of the month following the month for which such respective remittances are made, and shall be accompanied by a verified statement of the gross receipts .for such preceding month. The grantees shall at all times keep a system of books and records which meet the approV_ al of the City Clerk of the City of Paris and which adequately re- flect upon inspection the amount of such gross receipts for each day of each month during such franchise, which books shall at all times be subject to inspection by the City Clexk or any other de- signated agent or official of the City of Paris. 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 nornr or may hereafter be in force during the term of this .fran- chise, excluding only ad valorem taxes. Any neglect, omission or refusal by the grantees herein to file such verified statement of gross receipts monthly, as re- quired, or to pay such specified percentage of said gross re- ceipts to the City of Paris when due and as specified, sha.ll 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 Zife 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 grantees 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 potion 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 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 grantees not less than thirty (30) days before such hearing, to absolutely termirxate this grant for any viola- tions of the terms and provisions of this ozdinance. Section 9. At all times during the effective period of this franchise grantees shall have procured and kept in full force and effect policy or policies of public liability in- surance, covering each motor vehicle to be operated and operat ed under this franchise, conditioned that the holder of the franchise shall well and truly pay to the Mayor of the City of Paris, or his successor in office for the benefit of every judgment creditor who has been injured through the negligent operation of any such motor vehicle by the grantees or their employees, or will well and truly pay directly to any such judg- ment creditor who has been injured, 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 grantees 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 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 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 approved insurance company, authorized to do business in the State of Texas. Section 10. In the event of the failure of grantees 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 11. Every taxicab operated by grantees 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 re- gistered in the name of the grantees, and no other vehicle may be used under this franchise. Each of such vehicles shal 1 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 num- ber, which number shall at all times be displayed at some con- venient 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 grantees 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, ex- tent, quality and standard of service of grantees to be pro- vided 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 grantees 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 prescribe the number of taxicabs to be operated by grantees, applying thereto the principles of public necessity and convenience; (d) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be ren- dered to the public under this franchise, any such rules and regulations when adopted to be binding upon the grantees herein. Section 13. Motor vehicles operated by grantees under thisfranchise shall be known as "public service vehiclestP and when not in use in the servic e of the privileges granted here- in, each of such vehicles shall be stationed or parked at the headquarters of the grantees herein, which headquarters shall be located on private property. Section 14. The word °'taxicabss' 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 grantees shall promptly pay all law- ful ad valorem taxes, an d such other levies and assessments, if any, that may be lawfully imposed upon it. Falure 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 o.f such event, may declare the rights of the grantees hereunder for- feited 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 gran-Eees may charge to the public in the operation of its business shall never be construed as an acquiescense or re- cognition of the justness or correctness of said grantees' es- tablished 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 grantees herein shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regula- tion shall never stop the City from determining the real or ac- tual 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 ser- vice 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 grantees 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, 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 providing suitable provisions to enforce such power. Section 17. 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 18. That any unwarranted and intentional neg- lect, failure or refusal of said grantees to comply w ith 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 grantees from further use of the streets of said City under said fran- chise, and said grantees shall thereupon and immediately sur- render all rights in and to the same, and said franchise shall become null and void and of no effect. Section 19. Within ten (10) days after the third and final reading of this ordinance and itspassage by the City Council, the grantees 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 ef_Eective sixty (60) days from and after the date o.f its passage and adoption on third and final reading. INTRODUCED AND RFAD on first reading on January 12, 1970 at a regulax meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on February 9, 1970; and final reading at a regular meeting of the Gity Council on March 9, 1970, the same being three separate regular meetings of the City Council of the City of Paris, the last being not less than sixty days from the first. Passed and adopted on third and final reading this 9th day of March, 1970. Felty, Mayor ATTEST : H. C. Gfeene, City Clerk APP OVED TO FORM: T. . Hayn s, City Attorney