1224 ORD GRANTING HEDRIC BROTHERS FRANCHISE OVER STREETS, ETC OF COP- ° ' OftDINtaNCE NUMBER 1224
AN OR1?INANCE GRANTING TO HEDRIC BRlJTHERS A FHANCHISE OVER THE STftEETSj, HIGHWAYSs
AT.LEYS AND PUBLIC THOROUGHFARFS OF THE CITY OF PARIS, INCLUBING FUTIJRE STREETS,
HICHWAYS, ALLEYS AND PU"t3LIC THQRQUGHFARES, FUR THE PURPOSE OF OPERATING TRUCKS
AND OTHIIR VEHICLES TO COLLEGT AND DISPOSE OF GARBAGE, TRA6H AND OTHII3 WASTE
`r'dITHIN THE CORPORATE LILIITS OF TI-IE CITY OF PARIS.
VVMREAS, Hedric Brothers s a partne rship composed of G. Q,
Hedric and C.D. Hedric, has made application for permission to establish
and operate a garbage, trash and other waste collecting and di.sposal system in
the City of Paris and has requested a Yranchise for such purpose; and whereas it is
deemed advisable that such permission be granted and a franchise issued; now there--
fore
BE IT ORDkINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
SECTION l. That a franchi9e be and the same is hereby granted to Hedric
Brothers., a partnership composed of G. Q. Hedric and C.D. Hedrics
their suceessors and assigns, herein desi.gnated grantee, to establisE-and operate
a garbage, trash and other veste collecting and disposal system in the City of
Paris for a period of TEN YEARS from and after the efPective date of this crdi-
nance on and over the streets., highways., alleys and other public thoroughfares
'within the present and future corporate limits of the City of Paris for the pur-
pose of operating and rnai.ntaining a garbage, trash and other waste collecting
and disposal system.
SECTION 2. That all trucks and other vehicles operated under the
franchise shall be used solely for the purpose oP collecting and disposing of
garbage, trash and other waste -and of operating arxi maintaining a system for
such purposes. All trucks and other vehicles used in connection with such system
shall be operated in accordance with the laws of the State of Texas and ordinances
of the City of Paris, and sudz future amendments thereof, or of either of them.,
relati.ng ta or regul.ating the operation of trucks and other vehicles upon the
streets and highwaps.
~ SECTION 3. That operation of the collecting and disposal system herein
mentioned shall beg:in not less than thirty days after the effective date of this
ordinance; and in the event grantee ceases operations or fails or f'e.fuses to
operate such syactem for sixty (60) consecutive dayss this franchise may be re-
voked by grantor after written notice mailed to grarites at its usual mailing ad-
dress.
SECTION 4. That, during the term of this franchises grantee shall keep
accurate books and aecounts of all money received by it from the operation oY
the collecting and disposal system herein provided for., mhich shall be open to
the City of Paris for inspection at all times. On or before the lOth day of each
month during the period covered bp this franchise, grantee sha11 file with the
City Clerk a werified report of its gross receipts for the preceding months and
at the time of filing such report shall pay and deliver to the City of Paris the
following sums: During the f irst six months of this Franchise grantee shall pay
to the city of Paris One Per Cent of its gross receipts; and thereafter grantee
shall Pay to the City of Paris Tm Per Cant of its gross receipts, for the
exercise of the privileges herein grantedo
SECTION 5. The City of Paris sYiatl provide and designate adequate space
at its dumping grounds for grantee's use under this Franchise.
SECTION 6. The rates charged by grantee for its services under this
Franchise shall be as follows: residential, $1.00 per morlth; commercial, as per
corrtract between grantee and its custorrers. The City of Paris expressly reserves
the right to hereafter fix and regulate the price and rates for services to be
performed under this franct-dse.
, Amh Ago. _ ~~hd
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SECTIOAi 7. The holder of this franchise shall not transfer or assign
its properties or franchise to any other person, firm or corporation without
the consent of grantor f irst had and obtainedo The City of Paris expressly
reserves the right to modify, change, alter, amend or eliminate any of the
provisions of this crdinance during the life of this franchiseo
SECTION 8. The City of Paris in granting this franchzge fully retains
and resezwzs a11 right.s, privileges and immunities it now has under the law to
fully patrol and police the streets, hzghways, alleys and ather thoroughf ares
and public ways within said 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,
highways, alleys and thoroughfares for any other public utility nor shall this
franchise in any way interfere with the improvemerit or maintenance of any public
ways and the right of grantee herein ta said streets shall at all times be sub-
servient to the right of the governing body of the City of Paris to fully exer-
cise the right of control over said streets, highwa,ys, alleys and public ways.
SECTION 9. Notwithstanding what may be set out in other portions of
this ordinance with reference to the termination hereof, this right is granted
subject to tfie prwisions cf Article 1, Sections 17 and 26 of the Constitution
of the State of 2exas., all applicable laws., charter provisions and such amend-
ments as may hereafter be made thereto. Furthermore, the City of Paris re-
serves the right, upon notice and hearing to absolutely revoke this grant for
any violations of the terms and provisions hereof., such notice to be given
grantee not less than thirty (30) days before such hearing.
SECTION 10o It shall be the duty of the City Manager to enforce the
provisions of t his ordinance and he shall recommend to the City Council reason-
able rules and regulations, including approval of types of vehicles to be used
by grantee,, which when approved by appropriate action, shal.l become binding on
grantee.
SECTION llo If any section, sub-section, sentence, clause, paragraph or
phrase of t his ordinance sha11 for any reason be held unconstitutional or in-
valid., such holding sha11 not imralidate or affect the remaining portions of
this ordinance.
SECTIDN 12, viithin sixty days after the third and final reacling hereof,
grantee shall file with the City Clerk airitten acceptance of the terms and Fro-
visions of this franchise,
sECTzoN i3 o This ordinance shall take effect sixty (60) days after its
adoption on third and f inal reading as providedin the Chaf-ter of the City of Paris.
INTRDDUCED AND READ on first reading the 24th day ol~pril, 1950~ second
reading on May 8, 1950, and third and finalreading on June V. 1950, same being
three separate regular meetings of the Gity Counci.l of the City of Paris, the
last being not less than thirty (30) days from the first.
~ Passed by the Clty Council of the City of Paris in regular meeting this
the 1ti~ day of June, 19 50o
ATTEST:
MAYOR
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