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1559 ORD GRANTING TO JACK ABSHIRE AND M L BRISTOW A FRANCHISE TO USE PUBLIC STREETS, ETC OF COPORDINANGE NO. 1559 . AN ORDINANCE GRANTING TO JACK ABSHIRE AND M. L. BRISTOW A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN BUS MOTOR VEHICLES, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING SEPTEMBER 1, 1961, AND ENDIlVG AUGUST 31, 1966, UPON THE TERMS AND CONDITIONS HEREINAFTER PR.ESqjWBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVZNG FOR THE PAYMENT OF GROSS RECEIPTS TAX FQt. SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR BUS LOADING DESIGNATIONS FOR USE OF SAID GR.ANTEES; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEES; PROVID- ING 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: Section 1. There is hereby granted to Jack Abshire and M. L. Bristow, hereinafter called gra,ntees, the right, privilege and franchise, for a period of five (5) years, beginning September 1, 1961, and ending August 31, 1966, to operate a MQTOR BUS SERVICE in the City of Paris, and on the streets, alleys and public ways within the City Limits of said City, for the transpor- tation of passengers for hire. The grantees herein shall mainta,in the prin- cipal office and place of business of said business within the coxporate limits of the City of Paris, where the headquarters of said business shall be maintained. Section 2. The right, privilege and grant herein conta.ined 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 grantees 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 BUSSES operated or mainta,ined under the said franchise shall be used for the purpose of transporta.tion of passengers and personal luggage of such passengers. ~ Section 4. That all motor vehicles used in connection with this BUS 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 af them, relating to or regulating the operation of motor vehicles upon the streets or highways. Section 5. The City of Paris, in granting this franchise, fully reta.ins and reserves all the rights, privileges and immunities that it now has under the law to fully patrol and police the street5, 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 wi th the improvement or maintenance of any other streets, alleys and public , ways, and the rights of the grantees her,ein 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 eqtial to two (2) per cent of the gross receipts and tota.l fares collected and other income derived from the operation of said BUS business, which remittance shall be made monthly on or before the lOth day of the month following the mbnth for which such respective remittances are made, and shall be accompanied by averified statemel4t of the gross re= ceipts for such'preceding month. The grantees shall at all times ke~p a system of books and records which meet the approval of the City Clerk of the City of Paris and which adequately reflect`upon inspection the amount of such gross receipts for eac~ day of each month during such franchise, which books shall at all times be subject to inspection by the : City Clerk or any other designated agent or official of the City of Paris. The payments stipulated and provided in this sertion 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 grantees herein ta file such veri- fied sta.tement of gross receipts monthly, as required, or to pay sitch speci- fied percentage of said gross receipts to the City of Paris when due and as specified, shall ipso facto work a forfeiture of this franchise and of all rights he reunde r. ' Section 7. The Gity of Paris expressly reserves the right to modify, amend, alter, change or eliminate any of the provisions of this tranchise, uur,ing the li.fe 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 se,rvice 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 t subject to the provisions of Article 1, Section 17 and 26 of the Constitution of the State, the applicable state laws, charter prowisions, 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 C-o-ernine Body of the City of Pa,ris reserves the absolute right upon notice and a hearing, which sai'd notice shall be given to the grantees not less than thirty (30) days before such hearing, to absolute"ly terminate thi,s grant 'for any violation of the terms and provisions of this ordinance. Section 9. Said BUSSES sha11 be ogerated upon definite and fixed routes within the City Limits of the City of Pari`s, and that the initial stage of operation of BUSSES sha11 be operated in accordance with the application for this franchise and along the routes proposed therein, and a copy of which application is hereby referred to and made a part hereof for the beginning route of operation. That any change of said route shall first be submitted to the Governing Body of the City of Paris and approved by the Governing Body of the City of Paris. Section 10. At all times durinjz the effective period -of this franchise grantees shall have procured and kept irn full force and effect policy or poli- cies af public liability insurance, covering each motor vehicle to be operated and operated under this franchise, conditioned that the holder of the fran- cliise 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 bee:n 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 judgment creditor who has been injured, or whose property has been damaged, any amount or amounts cf 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 Ten Thousand Dollars ($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 s-ch policy of insurance shall be issued by an approved insurance company, authorized to do business in the State of T exa s. Section 11. In the event of the failure of grantees to fully discharge any claim for damages esta,blished by final judgment of a court of competent jurisdiction within sixty (60) days afteir the same has been so esta.blished, this franchise sha11 automatically be forfeited. Section 12. Every BU5 operated by grantees under this franchise shall at all times have pa.inte-' 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 the grantees, and no other vehicle may be used under this franchise. Each of such vehiclesshall be registered with the City Clerk of the City of Paris by motor number, and the ~,ity Clerk shall assign for Pa.ch sueh respective vehicle in num'erical order, beginning with the number 1, a number, which number shall at all times be displayed at s'bme 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 regula- tions. He shall also recommend to the Governing Rody 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 fran- chise, have the power and authority to promulgate effective regulations con- cerningthe following, to-wit: (a) To make reasonable orders respecting cha,racter, extent, quality and standard of service of grantees ±o 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 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 BUSSES 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 rendered to the public under this franchise, any such rules and regulations when adopted to be binding upon the grantees herein. Section 14. Motor vehicles operated by grantees under this franchise shall be known as "Public service vehicles'land 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 grantees herein, which headquarters shall be located on private property. ~ Section 15. The woxd BUS as used in this ordinance shall mean any passenger vehicle with more than two seats and a normal capacity not in excess of thirty persons which is operated over a lixed route or routes and which is engaged for the purpose of carrying a passenger or passengers along said route. Section 16. That the grantees 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, rrsay declare the rights of the grantee hereunder forfeited for such breach.~ Section 17. This grant is made upon the express conditions that the non-exercise of the power to regulate rates and charges which the grantees may charge to the public in the operation of its busir~ess shall never be con- strued as an •acquiescence or recognition of the justness or correctr~e,ss of said granteest established rate, and that so long as the GovErning Body of tlie Gity of Paris does not exercise its legislative and governmenta.l power to fix and regulate the rates that the grantees her ein 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 service. If, and when, the City Council, or other gover`ning 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 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 provision s 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 providirig suitable provisions to enforce such powerti It is understood that the fee charged for transportation of each passenger at beginning of the operation under this franchise shall be Twenty (20~) Cents per person with transfers available so as to enable a person to travel from any place on the route throughout the city to any other place without additional charge. Section 18. Should it be determined that any clause, condition, or covenant bf this franchise is, for any reason, illegal or unenforceable, such t 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 re- fusal of said grantees to comply with any of the conditions and stipulations contained in said franchise shall thereupon immediately, ipso facto, effect a forfeiture the;reof, and the said City, by the City Council, may thereupon de- clare said franchise forfeited, and may exclude said grantees 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 franchise shall become null and void and of no effect. Section 20. Within ten (10) days after the third and final reading of this ordinance and its passage 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 21. This ordinance shall become effective sixty (60) days from and after the date of its passage and adoption on third and final reading. Introduced and read on first reading on August 14, 1961, at a regular meeting of the City Council; second reading at a regular meeting of the City Council on Septernber 11, 1961; and final reading at a regular meeting of the City Council on October 9, 1961, the same being three separate regular meetings of the City Council of the City of Paris. i Passed on third and final reading this the 9th day of October, A. D„ 1961. ' 7c, Ma yo r ATTES : ~ City Clerk APPR VED AS TO FORM: City At orney.