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1593 ORD GRANTING TO LEONARD BOONE AND MCKINLEY JOHNSON A FRANCHISE TO USE PUBLIC STREETS ETCORDINANCE NC}. 15_ 93 ~ AN OR.DINANCE GR.ANTING TO LEONARD BOONE AND McKINLEY JOHNSON A FRANCHISE TO USE THE PUBLIC STREE TS, ALLEYS AND HIGHWA YS OF THE CIT Y OF PARIS FOR THE PURPOSE OF TR.AN5 - PORTING PASSENGER5 FOR HIRE IN MOTOR VEHZCLE5 FOR A PER.XOD OF FzVE (5) YEARS, BEGINNING JUNE 10, 1962, AND ENDING JUNE 10, 1967, UPON THE TERMS AND CONDITION5 HE REINAFTER PRESCRIBED; PROVIDIlVG FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A GROSS RECEIPTS TAX FOR SUCH PRIVZLEGE AND USE OF SUCH STREETS, ALLEYS AND HIGHWAYS; PROVII?IlVG FOR THE TERIVIINATION OF SUCH GR.ANT UPON SPECIFIED CONDITIONS; PROVID- JNG FOR TAXICAB STAND5 FOR USE OF SATD GRANTEES; PROV]DING FOR PUBLIC LIABILZTY INSUR.ANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEES; PROVIDING FOR THE SUPERVT,SION OF SAID BUSINESS AND 1NSPECTION OF IT5 VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARi5; AND PROVIDING AN EFFEC- TZVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. There is hereby granted to Leonard Boone and McKinley Johnson, herei.nafter called grantee$, the right, privilege and franchise for a period of five (5) years, beginning June 10, 1962, and ending June 10, 1967, to operate a taxicab service in the City of Paris and on the streets, alleys and public ways within the Gity Limits of sa.id City for the tranapor- tation of passengers for hire. The grantees herein shall maintain the prin- cipal office and place of business of said business within the corporate limits of the Gity of Paris, where the headquarters of said business shall be maintained. Section 2. The right, privilege and grant herein conta,ined shall not be tranaferred or assigned without the formal action and consent of the Governing Body of the City of Paris first had and obta,ined, and any attempted assignment or transfer of such rights and privileges by the grantees herein without first having had and obta.ined such consent and permission from the Governing Body of the City of Paris ahall operate ipao facto as a termination of the rights, privileges and grant herein conta,ined. 5ection 3, That the taxicabs operated or maintained under said fran- chise shall be used for the purpose of transporta.tion of passengers and the personal luggage of such pasaengers. Sectinn 4. That a11 automobiles or vehicles used in connection with this taxicab service shall be operated in accordance with the laws of the State of Texas and ordinances of the City of Paris, and such future amend- ments thereof, or either of them, relating to or regulating the operati.on of motor vehicles upon streets or highways. Section 5. The City of Pa.ris, in granting this franchise, fully reta.ins and reserves all the rights, privileges and immunities that it now has under the law to fully patrol and police the atreets, alleys, and public ways within the City, and the granting of this franchise shall in no way interfere with the right of the City of Paris to fully u$e said atreets, alleys, and public ways for any other publi.c 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 righte 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. - 1 - ti 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 the gross receipts and total fares collected and other income derived from the operat7.ng of said ta,xi.cab business, which remittance shall be made monthly on or before the lOth day of the month following the month for which such respective re- mittances are made, and ahall be accompanied by a verified statement of the gross receipts for such preceding monthe The grantees shall at all times keep a system of books and records which meet the approval of the City Clerk of the City of Parie and which adequately reflect 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 Clerk or any other deBignated agent or officia,l of the City of Paris. The paymenta stipulated and provided in this section shall be i.n 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 granteea herein to file such verified statement of gross receipts monthly, as required, or to pay such specified percenta.ge 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 hereunder. Section 7. T he City of Paris expressly reserves the right to modi.fy, amend, alter, change or eliminate any of the provisions of this franchise, duri.ng 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 service to the public. Section 8. Notwithsta.nding what may be said in any other portion of this instrument with reference to the termination thereof, this right is granted subject to the proviaions of Article 1, Section 17 and 26 of the Gonstitutition of the State, the applicable state laws, charter proviaions, and such future laws as may be enacted by the legi.slature, or amendments to the Constitution and the Charter of the City of Paris. Furthermore, the governing body of the City of Paris reeerves 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 terminate this grant for any violations of the terms and provisions of this ordinance. Section 9. That it shall hereafter be unlawful for the grantees, their officers, agents or employees, operating any automobile for hire within the City of Paris, to cruise. Cruising sha.ll consiat of seeking, searching or so- liciting employment while operating an automobile for hire, by repeatedly and persistently driving auch automobile for hire to and fro on the public streeta of the Gity of Paris and offering accommodati.ons 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 similar import or otherwise or in any manner whatsoever operating said vehicle upon the public streets of the City of Paris for the purpose of soliciting passengers or driving an automobile for hire upon the public streets while unoccupied by a passenger without having a faxed destination thereof. - 2 - Section 10. At all tirnes during the effective period of this franchise grantees shall have procured and kept in full force and effect policy or poli- cies of public liability insurance, 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 to the Ma.yor of the City of Paris, or his suc- cessor i.n office for the benefit of every judgment creditor who has been in- jured through the negligent operation of any such motor vehicle by the grantees of their employeea, or will well and truly pay directly to any such judgment creditor who has been in3ured, or whose property ha.s been damaged, any amount or amounts of money that sha.ll have been awarded by final judgment of any court of competent jurisdiction against such grantees on account af any such injury or damage, not exeeeding for bodily injury or death to any one per- son the sum of Five Thousand Dollars ($5, 000. 00), or the sum of Ten Thousand Dollars ($10, 000. 00) for all persons injured in any one accident or occaeion, and not exceeding Five Thousand Dollara ($5, 000. 00) for property damages ariaing out of any one accident or occasion. Any such policy of insurance shall further provide that each such cause of action shall survi.ve 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 con- tinue in effect. Any such policy of insurance shall be iesued by an approved insurance company, authorized to do business in the State of Texas. Section 11. In the event of the failure of grantees to fully da.scharge any claim for damagea established by final judgment of a court of competent jurisdiction within aixty (60) days after the same has been so eata.blished, this franchise shall automatically be forfeited. Section 12. Every ta.xicab operated by grantees under this franchiae shall at all tixnes have painted or otherwise impressed upon the front doors thereof easily visible signs bearing proper identi.fication 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 un- der this franchise. Each of such vehicles shall be registered with the Gity 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 sidea 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 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 granteea 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, quali.ty and standard of service of grantees to be provided under this franchise; (b) To fix au-ch 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 wa.th the renderi.ng of service to the public under this franchise. (c) To preacribe the number of taxicabs to be operated by grantees, applying thereto the principles of public necessity and convenience; - 3 - (d) To make such other rules and regulations as may be reasonably necessary to facila.tate adequate eervice 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" and when not i.n use in the ser- vice of the privileges granted herein, each of such vehicles sha.ll be sta,- tioned or parked at the headquarters of the grantees herein, which head- quarters shall be located on private property. Section 15. The word "ta.xicabs" as used in this ordinance shall mean any passenger vehicle with not more tha.n two seats and a normal capacity not in excese 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 16. That the grantees shall promptly pay all lawful ad va.lorem ta.xes, 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 grantees hereunder forfeited for such breach. Section 17. This grant is made upon the express conditions tha.t the non-exercise Qf the power to regulate rates and charges which the grantees may charge to the public in the operation of its businees shall never be con- strued as an acquiescense or recognition of the justness or correctness of said grantees' established rate, and that so long as the governing body of the City of Pa.ris does not exercise its legislative and governmenta.l power to fix and regulate the rates tha.t the grantees herein shall charge to the pub- lic, the question of praperty values used and useful in the rendering of the service prior to rate regulati.on 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 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, legis}ative or executive control of such matter shall not preclude the Council from fully exercising that power and providing suita.ble provisions to enforce such power. Section 18. 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 19. That any unwarranted and intentional neglect, failure or refusal of said grantees 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 Gity, 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 ahall thereupon and immediately surrender all rights in and to the same, and said franchise shall become null and void and of no effect. - 4 - Section 20, Within ten (10) days after the third and final reading of this ordinance and its passage by the City Council, the g rantees herein shall file with the City Glerk, in writing, the accepta.nce of the terms and provis ions of this g ranto Section 21. This or dinance ahall bec ome 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 May 14, 1962 at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Conncil on June 11, 1962; and final reading at a regular meeting of the City Council on July 9, 1962, the same being three se parate r egular meetings of the City Council of the City of Pa.r is, the last being not less than sixty days from the first. Passed on third and final reading this 9th day of July, A. D. , 1962. Ma yor ATTEST: City Clerk AFPROVED AS TO FORM: City Attorneye - 5 -