1411 ORD GRANTING TO LEONARD BOONE AND MCKINLEY JOHNSON FRANCHISE TO USE PUBLIC STREETS ETCORDIP1AvC:. 't10. 1411
AN ORDIivAPvCE (I~ANTIivG TO ~~-c.-~-:•-t~ st~~~ ~'/d'f- : fCG~ -/~rr_ L U~i~';
A FRANCHISE TO USE THE PUBLIC STRLLTS, ALLEY5 AND HIuHNJAYS OF THE vIT ,
PARIS FQR THE PUhPt3SE OF TREINSP0)R"T1iVG P:yS5ENG S R7R HIRE: IN PvICJTOR VEH CI.,ES
R~TC ~F F~ 5) Y'EARS, BEGIP1NIiv~ r, , 1957, AND
FCR A PE~r'
ENDINv , 1962, UFOiJ THE LRP~t,`S AIJD GONDITIQNS i-iERETiVAFTER
PRESCRIF3E ; P VIDIi~G rOrc THL REvULAlION Or S.",1D BUSINESS; FRC'JIDING I=OR T:1E
Pt1`fitiIEENl UF ACM, SS RECEIPTS TI-1X FOR SI1CH PRI VILHvE AND USL OF SU,~31-i STREETS,
ALLEYS AND HIGI-:'ddHYS; PRCV1DING FOR "T`riL TEZivil'Nrilli;N' OF SUCii !_2AIvT UPOiv SPECT-
i1ED v::!ivDIlIJijS; PRUi/1DIN" rOR TA7CICt;Ei :,'iAidDS 1K,iZ liSE C:F SAID GItti1JiEES'y Pt`C-
VIDING rOR Y(T3LIC LIA,13,1LITY IIVSliit._~iJCQ ;)N Ti:i IZ10R ',/E-HTCLLS A71D ~.QUIP14LNT OF
SEIID CRAivTEES; PRO VIDING rOR THE SUP"RVISIOiv 0"r' JnID BUSTNcSS WVD TNSPECTION
JF ITj i/LHICULAR EC;lUIPi',Iri~,1T BY TI-i;: ;;rFICIaLS CF TH':: CITY UF Pr`iRIS; 'aND PROVID-
IIvG Aiv EtrECTIVE DATE.
B:: IT ORDnINED BY TI-iE CITY l.i)UI`1CIi, UF THE CiTY GF PARIS: 7
i7
Section I. TYiere is hereby granted to0(~t~~--~~~ ~
~ , 7lereinafzer called grantees, tie r' vile~+e
a v, franchise for ~fiv- (5) yrears, '1Jt~7.i1p1C1g -,~~G ,
~
19':~7, and ending , 1962, to operat;:a 6axicab service
in thc- Ci-ty of Pari anc! n the s -Ilreets, alleys and public Gvays witiiin the
Ciiy Liia~its of saici City for che transpor-tation of passengers for izireo Tne
;rante: herein snall rnair.tain the principal or:ice and place of ousiness of
said ousiness witilin the corporate limits of t:ie City of Paris, wriere the
lZtac(quarte-rs ot said business shal.l be maintained.
Section 'L. The riyilt, privileye and grant nerein contained shal:i net
be transferred or assigned witnout the formal action and consent of the
Governing ;3ody of the City of Paris first nad and outained, and any attempted
assignment or transfer of such riyYits and privileges by -the granteGsherein
without :irst having had and obtained sucn consent and permission from the
Governing Body of the City of Paris shall operate ipso fac-to as G termination
of the riyhts, privileges and grant herein contained.
Section 3. Tizat t:~e taxicabs operated or maintained under said fran-
cnise shall ue used for -the purpose of transportation of passengers and the
personal luggage of such passengers.
Section 4. That ail autonobiles or venicles used in connection with
this taxicab service shall be operated in accordance witli the laws of the
5tate of Texas and ordinances of the City of Paris, and such future amendments
thereof, or either of them, relatin7 to or reaulating the operation of motor
vehicles upon streets or highways.
Section 5. Tht City of Paris, in grantiny tt.is franchise, fully re-
tains and reserves all the rights, privilcges and immunities that it now r.as
under the law to fully patrol and policc the streets, alleys, and public ways
within the City, and the yranting of this franchise shall in no way interfere
with the right of th,~ City of Paris to Fully use said s-treets, alleys, and
pubiic ways tor any otr:er puplic utiiity, nor shall this franchise in any way
interfere with the improvement or maintenance of ar.y other streets, alieys, and
public ways, and the rights of the grantc-es herein to use said streets shall at
all i.imes be sucservierstto the righz of the governing body of the City of Paris
~o fully exercise its ri,hts or con-crol over said streeis, alleys, and public
ways.
Section 6o Tne grantee shall, duriny the life of tr.is franchise, pay
to the City of Paris at -Lne office of the City Clerk in lawful rnoney of the
United States a sum equal to two (2) per cenz of the gross receipts and total
iares collected and other iracome derived from ti,e operation of said taxicab
;Dusiness, which remittance snall be made monthly on or before the lOth day ef
tiie montiz foliowing the rnonth for w:iich such respective re;nittances arc rnade,
and stiail be accompani c-d by a verifi<_ ci s-ca-ternent of th::; cross receipts for sucn
precedinj montiio Tiie gzantees snall ::t all t1imes keep a syst~-;n of books and
records wriicr; i,izez th: approval of the Cit;,r Clerk of ch,: Ci ty of Paris and which
Ud.equateiy refi-c-111 upori inspection the a~;~ount o.f such gross reccipts for eacil
(jay of n-aci-i rlont;i durirr; suc%i francnis:, wnich 6oo::s s;,all a u a1,1 times 'Dc sub-
j-uc;, to inspecLion by the Ci ty Cler]< or any ot}ier designated u-jcnt o_ oi ficial
of the City of raris. T',1e paymcnts stipulatted aiid prcvidcd iii t::is s,^ction
siiGll be i;i li;:u of any o-cher tax or assessment- or ciiarge bjJ lClze Citf of Paris
which may now or may hereafter be in force during the term of tnis ixanchise,
excluding cnly ad valorem taxes.
Any neglect, omission or refusal by the grar:tees ncrein to fa.le such
verified staternent of gross receipcs montiily, as required, or to pay such
specified percentage of said gross receipts to the City of --aris when due and
as specified, shall ipso facto viork a forfeiture of tnis franchise anc3 of all
rights hereunder.
Section lile City of i-aris expressly rescrves 'Lhe right to modify,
arr.end, alter, changr_~ er eliminate any of 4he provisios-is of this franchise,
ciuring the life cf the samc, for t',-ic follcwin, purposes,
~l j To eliminate or deietf:.from the same such condi~ions as then
pxove obsolete or irnpractical;
To impose sucn additional conditior.s unon the granteesas may be
anc+ reasonable, suc'rl conditicns to be 11-hose as ;nay be deemed necessary
for the purpose of insuring adequate service to the public.
Sec-L-ion Notwithstanding wnat may be said in any other portion af
this instrumen-t with reference to the termination thexeof, this right is
granted subjecz to the provisions ef Article 1, Section 17 and 26 of trie
Constitution of the State, the applicable s-tat:: laws, c'riarter provIsions, and
sucn future laws as may be enacted by the legislature, or a;ner-dr,ients to the
Constitu -Lion and the Cnarter of the Ciiy of Par-s. Furtneriiiore, the governirig
bociy of the Ci.ty of ?aris reserves the absolu-te right upon notice and a hear-
iny, wiZicn said notice shali bc- yiven to ihe yrantees tzot less than thirty (30)
days before sucti hearing, to absolu-tely terrninate tnis grant for any violations
of the terms and provisions of this ordinanceo
Section 9o That it shali hereafter ne w-ilawful for the grantees, their
officers, agLnts or employees, operating any automobile for hire within the
Gity of Paris, to cruiseo Cruising shall consist of seei:ing, searchiny or so -
liciting ernployrnent while operating an autor,iobilc for hire, by repeatedly and
persistently driving such automobile fcr nire to and fro on the public streets
af the City of Paris and offering accommodations thzreof to prospective
passengers, eitizer uy signal, word of iilouth, or by carrying a sign with the
word I'Vacar.t" thereon, or some other word of sirnilar i:aport or ot'rierwise 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 autorriobile
for hire upon the public streets wh.ile unoccupied by a passenger without having
a fixed destination thereof.
Sectian l0o At all times during the cffective period oF tnis franchise
yrantees shall have procured and kept in full force and effec-t 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 franchise
snall well and truly pay to the iuiayor of the City of Paris, or his successor in
office for the benefit of every judgrnent creditor who has been injured througn
the negligent operation of any such motor vehicle by the grantees of tneir em-
ployees, or will well and truly pay directly to aiy such judgment creditor who
'r:as been injured, or whose property has been dair,aged, any amount or amounts of
money that sliall have been awarded by final judgment of any cuurt of competent
jurisdiction against such grantees on account of any such injury or damage, not
exceeding for vodiIy injury or deatti to any one person the sum of Fivc Thousand
Dollars ($5,000o00), or the su;n of Ten Thousand Dollars ($10,000,00) for all
persons injured in any one accident or occasion, and not exceeding Five Thousand
Dollars ($b,000o00) for property damages arising aut of any one accident or
occasion. Any such pclicy of insurance shall further provide tha-E each such
cause of action shali_ survive in case of death of any injured or damaged person
for the benefit of the beneficiary of any such perscn, and shall furthUr provide
that such policy shall be subject to successive recoveries during the time that
t`rre same may continue in effect. Any such pelicy of insurance shall be issued
by an approved insurUnce company, autnorized to do business in the State of
Texas.
SecLion ll0 1n the event of the failure of grantecs to fully discharge
any claim for darnages established by final judgment of a court of competent
jUrisdiction within sixty (60) days after the same has been so established, this
franctiise shall automatically be forfeited.
Section 12. Every taxicab operated by grantees under this franchise
shall at ali times nave painted or otherrvise irnpressed upon the front doors
thereof eas:.ly v__s1b1e signs bearing proper identification of the company
operating under such franchise. All such vehicles sha11 be owned by and re-
gistered in thc name of --'.he grantees, and no other veizicle may be used under
this franchise. Each of such vehicles shall be registered with the City
Clerk of tne City of Paris by motor number, and the City Clerk silall assign
for each such respective vehicle in numerical order, beginning with the
1Jumber 1, a number, wnich number snail at all times be displayed at some con-
venient location on both sides or the sameo
Section 13o It shall be the duty of the Gity ivlanaaer of the City of
Paris to enforce the provisions of tkzis ordinance and all other applicable
regulations. He shall also recorevnend to the governing body of tize City of
Paris from time to time reasonable rules and regulations, whicn, when approved
by the City Council, sliall become binding upon the grantees herein. Among
other things, the City Council shall frorn time to tirne during the term of
-t;,is franchise have the povrer and authority to promulgate effective regulations
concerninr the following, to-wit;
(a) To make reasonable orders respecting character, extent, quality
and standard of service of grantees to be provided undex this franchise;
(b) To fix such rates tor service to the public as are not in
conflict with the express provisions hcreof 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 r:ndering of service to t'rie public under
this franchisF=;
(c) To prescribe the number of taxicabs to be operated by grantees,
applyiny ihere-to ihe principles of public necessity and convenience;
(d) To malce such other rules and regulations as may be reasonably
necessary to facilitate adequate scrvice to be rendered to the public under
this franchise, any such rules and regulations when adopted to be binding
upon the grantees nereir,.
Section 14. i,.iotor vehicles operated by grantees under this franchise
shall be known as "public service vehicl.es" and when not in use in the ser-
vice of the privileges granted herein, each of such venicles si3a11 be sta-
tioned or parked at tlle headquarters of the grantees licrein, which head-
quarters shall be located on private property.
Seetion 15. Ti-ie word tPtaxicabs" as used in this ordinancc shall mean
any passenger vehicle with not rnore than two seats and a normal capacity not
in excess of six persons, whiciz is not operated over a fixed route or routes
and wlzich is engaged for the purpose of carryiny a passeiiger or passengexs,
by special trips to and from specified addxesses as designated by any such
passenger ox passenge-rso
Section 16. Tnat the gratltee shall promptly pay al1 lawfui ad
valortm taxes, and sucil other levies and assessments, if any, that may be
lawfully imposed upon it, railura to pay any of such cFlarges or either of
t':iem snall be deemec" abreacil of trze privilege granted h2rein and the City,
upon the happcniny of such event, rnay declare the r igh-cs of the grantee
;lereunder forfeited fo-r su,♦i1 breaci,:.
Section 17. This grant is rnade upon t7ie express conditions tYiat
the non-exercise of the power io regulate rates and cliarges which the grantees
rnay charge ~o the public in the operation of its business shall never be con-
surued as an acquiescense or recognition of tne justness or correctness of
said grantees' established rate, and tnat so long as the yoverning body of
the City of Paris does not exercise its leyislative and governcnental power to
fix and regulat;:: the rates that the grantees herein shall charge -Lo the pub-
iic, the ques-'tion of propert•y values used and useful in the renderiny of the
service prior to rate reguiation snall nevcr stop -the CiLy from determinina, 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 ra-tes -to b~ charyed for sucii service in tizr City of Paris no allovrance
in the way of said rate shall be rnadc as compensation for any property used or
consurned in rendering the servicc bi the grantees herein for such scrviceo
Iz, and when, the City Council decides to regulate rates, then at such time
the Council will fully exercise its rate regulatory power under the provi-
sions of law applicable thereto, and the failure to provide under this or-
dinance the machinery for the administrative, legislative or executive con-
trol of such matter snall not preclude the Council from fully exercising
that power and providing suitable provisions to enforce such power.
Section Should it be determined tha-t any clause, condition,
or covenant of this franchise is, for any reason, illeyai or unenforceable,
such clause, condition or covenant snall be disregarded and the existence
of the sane shall not affect the remaining clauses, conditions or covenants
of this franchiseo
Section 19. Tnat any unwarranted and intentional neglcct, failure
or refusal of said yrantees to cornply with any of the conditions and stipu-
lations contained in said franchise shall thereupon irrunediately, ipso facto,
effect a forfeiture thereof, and the said City, by the City (,ouncil, may
thereupori declare 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 imrnediatnly surrender a11 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 thzrd and final reading
of tnis ordinance and its passage by the City Council, the grantees herein
shall file with the City Clerk, in writing, tize accep-tance of the terms and
provisions of tnis grant.
Section 21. This orGinance shall become effective sixty (60) days
irom and aftPr the da-te of its passage and adoption on third and final
reading.
INTRODUCED AivD READ on first reading on June 10, 1957 at a regular
meeting of the City Council of the City of Paris; second reading at a regu-
lar meeting of the City Council on July 1957; and final readinG at a
regular rneeting of the Gity Council on August 12, 1957, the same being three
separate regular meetings of the City Council of the City of Paris, the last
being not less i:han sixty days frorn the first.
Passed on tnird and final reading tnis 12th day of Auyust, A. D.,
1957.
' PvTayo r
A E : >
~
Acting City Clerk
~
APP ' 'D AS 0 IRPA:
~
i - '
City . torney.
STtiTE OF TEXAS )
COUNTY OF LANiAR )
KNOW ALL MEN BY THESE PRESENTS:
'uVHEREAS, the City Council of the City of Paris d:._d on the
12th day of tiugust, a.D., 1957, pass I=ranchise Grdinance No. 1411,
U`dHEREBY, we, Leonard Boone and PvlcKinley Johnson were
granted a f.ranchise to operate a taxi service in zhe City of Paris;
and,
WHERFA5, There are numerous terms and conditions contained
in said Ordinance; and,
VdHEREAS, we have been furnished with a r.opy of said Grdinance
and are fami_liar with its contents; NOW THEREFORE
BE IT ORDyINED BY THE CITY COUNCIL OF THE CITY OF PARTS, that
we and each of us do hereby accept said franchise and agree to provide
by its terms and conditions.
6Vitness my hand this the 21st qay of ;auyust, A.D., 1957.
N.
Leonard Boone
- ~~.C - f~r.~,~, ,~✓~,t
~'wRinley Jol-inson