1143 ORD GRANTING FRANCHISE TO HEREINAFTER NAMED GRANTEE FOR PRIVILEGE OF OPERATING MOTOR VEHICLES ON STREETS ETC OF COPm A& Aft •
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;AN ORD7NAN(E GRANTING A FRANCHISE 1O THE HIIMNAFTIIR NAMM GRANTEE FOR THE
PRNIIEGE OF OPPRATTNG 1adDTOR VEiICLES ON THE STREET3j, ALLEYS~ AND HIGHWAYS OF THE
CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSFAIGERS FOR HIRE FOR A PERIOD
BEGINNING September qth , 1941S., aud ENDING 9eRtenber gth P 19 56 ,
UPON THE TEPM AND CONDITIONS SMETNAF'TER MNPIONED; PROVIDING FOR A REGULATION OF
SAID SIIiVICE; PRQVIDIlJG FOR THE PAYMM OF A GRASS RECEIPTS TA% FOR SUCH PRIVILBGE;
PRJJVIDING FOR THE TKUUATION OF THE GRANT; PROVIDING FOR TAXICAB STANDS FOR USE OF
GRANTBL; PROVIDING FOR PUBLIC LIABILITY SECIJRITY; PROVIDTNG FOft SUPSRVISmN BY THE
MAYOR; AND PROVIDING FOR THE SURRIIdDIIR OF THE RIGHTS AND PRIVILEGES HFRETOF'ORE 0ON-
FEftRED UPQN THE GRANTEE iktM ANY PRIOR QRDINANfK AND ,fMENDIMTS THERETO; AND PRA-
VIDING THE DA3'E WHEN THIS ORDIAIANCE SHALL SEC4BBE EFFECTIVE.
BE IT ORDAIIdID BY THE CITY COUNCIL OF THE CZTY QF PARISt
Section 1. 1'hat a franchise is hereby granted to
Y.L. Dizer and William blaxey hereinafter designated as nGrantee"
to operate a taxicab service for a period begintdng 3eptamber gth .9 lahft 19,46~
and ending 3eptamber 8th, , 19_5L_., on the streets, alleys, and pub-
la.c ways rrithi.n the City li.ari.ts of the City of Paris, for transporting passengers.
The grantee hereia shall maintain his principal place of business in the City oi
Paris, Laatar County., '1'exas., where he shall maintain his heaclquarters., and providedi,
further,, that it sha11 be considered a 17reach., or termination,, of this grant bY the
grantee if there be any attempted assignment of the privilege granted herein to anp
person, and such attempted assignment shall operate ipso facto as a terminati.on of anq -
aad a11 rights of the grantee under this instrument.
Section 2o That the taxicabs operated or maintained under said franchise sha11
be used for the purpose of transportation of passengers and the pessonal luggage of
such passengers.
S.ection 3. That all automobiles or vehicles used in corraection vrith thi.s taad-
cab service shall be operated in accordance with the laws of the state of Texas and
orclinances of the City of Paris., and such future amendments thereof., or either of them.,
relating to or regulating the operation of motor vehicles upon streets or highways.
3ection 4. The City of Paris., in granting this franchise,, fully retains and
reserves a]1 the rights, privileges and imumanities that it now has under the law to
fu11y patrol and police the streets, alleys and public waps with:in the City., and the
grariting of this franchise shall in no Way intesrfere with the right of the City of
Paris to ful.ly use sa:i.d streets, alleys and public ways for any other public utility,
nor shall this franchise in any way interfere with t he improvement or maintenance of
any other streets., alleys, and public ways, and the rights of the grantee herein to
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use said streeta sha11 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 sa3.d streets,
alleys and public ways.
Section 5. 3'hat the grantee shall., during the life of said franchise., pay to
the City of Paris, at the office of the City Secretary, in lawful money of the United
9tates two (2) per cent of the gross receipts measured bg the total fares collected
and other income derived from the operation of the taadcab service, mdiich said remittance
shall be mad,e monthly on or before the seventh day of each calendar month for the pre-
ceding cal.endar month. The compensation provicled for in this section shall be in lieu
of any other fees, or charges., imposed by any other ordinance now., or hereafter,, in
force during the life hereof, but shall not release the grantee frcam the payment oP
ad valorem taxes levied., or to be levied, on property it owns.
Seetion 6. It sha11 be the dzty of the grantee to file with the Mayor of the
City of Paris a sworn statement showing all receipts, which said verified statement
sha11 be fi.led within five (5) days following the end of each month. The grantee
herein shall be required to instal.l and adequately keep a system of bookkeepiug to be
approved by the Mayor., which books shall be subj ect to inspection of the governing
body of the City of Paris and such person., or persons., as the City of Paris may desig-
nate., or either of them., so as to enable the City of Paris to check the correctness
of the accaunts kept and in order to enable it to compute the amunt of the grosa re-
ceipts tax that may be due to the City.
Any negleet.. omission or refusal by said grantee to file said verified state-
msnt., or to pay the said percentage of the said gross receipts at the t3.me or in the
manner hereinbefore provided, shall ipso facto work a forYeiture of said franchise
and of all rights thereunder to the City of Paris.
Section 7. The City of Paris expressly reserves the right to modify, amend, alter,
change or eliminate any of the provisions of this franchise, duri.ng the li.fe of the
same, Yor the following purposes., to-wit:
(1) To eliminate or delete fmm the same such conditions as then prove obsolete
or impractical;
(2) To impose such additional conditions upon the grantee as may be 3ust and
reasonable, such conditions to be those as may be deemed necessary for the purpose of
insuring adequate service to the public.
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section 8. Notvrithsta,nding what may be said in any other portion of this in-
str►ament -with reference to the termination thereof,, this right is granted sdb3ect to
the provisions of Article I. Seetion 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 amendmsnts to the Constitution and the Charter of the City of
Paris. Furthermore, the governing body of the City of Paris resarves the absolute
right upon mtice and a hearing which said notice shall be given to the grantee not
less than thirty (30) daLys before such hearing, to absolutely terminate this grant
for any v9rolations oP the terms and pratrisions of this ordinance.
Section 9. That it sha11. hereafter be unlawful for the grantee, its officers,$
agents or an.ployeas., aperating any automobile for hire within the City of Paris., to
cruise. Crui.si.ng sha71 consist of seeking, searching or soliciting employment vhile
operating an autamobile for hire by repeatedly and persistently driving such autamo-
bile for hire to and fro on the public streets of the City of Paris and offeri.ng
accommpdations thereof to prospective passengers, either by signal, word of mputh.,
or by carrying a sign with the vDrd "Qaeant" thereon, or same other -werd of similar
import or otherwise or in any marmer whatsoever operating said vehicle upon the pub-
lic 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 with-
out havi.ng a fixed destination thereof.
Section 10. That before this franchise shall be efYective the grantee shall
furnish to the City of Paris for its automobiles a good and sufficient assurance i.n
veriting that such automobiles shall be operated with due care and caution for public
safety. Such assurance sha].1 consist of a good and sufficient bond, or policy of
insurance., to be approved by the Mayor., conditioaed that the holder of the franchise sha7.l
well and truly pay to the Ma,yor of the City or his successor in office, for the benefit
of every 3udgment creditor who has been injured through the negligent operatic>n of such
automobile, or automobiles, by the grantee or its employees., or will well and truly
pay directly to any judgment creditor who has been irjured., or ishose property has been
damaged, any amQUnt., or amounts., of mQney that shall have been arvarded by final judg-
ment of any court of campet.ent 3urisdiction against such grantee on account of sueh
ir~jury, not exceeding for bodily injury or death to any one person the sum of $5.,000.001
or the sum of $10..000.00 for all persons iqjured in any one accident or occasion. If
permitted by State lax the said bond or policy sha11 provide that each snch cause of
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action shall survive in ease of death of the in3nred person for the benefit of the
beneficiary of such person, and that such bond or policy shall be subject to succes-
sive revoveries during the time that such bond or policy may contirna.e in effect.
Sai,d bottd or policy of insurance to furthex provide that no action lie thereon
or agai.nst the sureties or surety thereon until m>re than thirty days af"ter a final
judgaent in favor of said judgment creditor against the principal, not pending on
appeal or writ of error is and remains unsatisfied. No action for the indemnity
against loss provided by said bond or said policy of ingurance shall lie against the
sureties on said bond or against the insurance company unless th e action upon which
such judgnent i s sought to be collected was brought within twenty-five months from
the date of the act complained of, unless this provision be contrary to State laws
which shall govern. Z'he said bond shall be executed by two or more good and suffi-
cient sureties if natureal persons are used as scireties, both of wkmm shall reside in
Lamar County, Texas, or by a solvent surety company or insurance company authorized
to do business i.n the State of Texas.
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Provided, hovoever.. that in lieu of the insurance or bond provided for herein, the
grantee ma.y deposit with t he City Auditor United States Government Honds, United States
Government Treasury Certificat es, or City of Paris bonds, or cash, in t he sum or faoe
amount of Ten Thousand ($I0,000.00) Dallars, and upon the receipt of such securities,
or cash, it sha11 be the duty of the City Secretary to issue a receipt thereforp a
copy of -which shall be furnished to the grantee and another copy to be retained by the
City Secret ary. The City Secretary., upon presentation of such receipt, shaJ1 thereupon
certify to the Mayor that the grantee has complied with this section. It is expressl,y
providsd., however., that in the event of impairment of this security, or the casY► de-
posited herein, by a jud,gnent -which remains unsatisfied or partially depletes this
amount, that it sha11 be the duty of the grantee herein to repleaish this fund by de-
posit of additional cash or additional security of the character mentioned herein,,
within ten (10) d,ays after being notified to do so by the Mayor or City Secretary. It
is disti.nctly understood that the Mayor or other officer exercising the same or similar
powers., may from time to time require the grantee to furnish detailed information as
to the nature, amount and cha.racter of any and all claims that are being asserted
against the sai.d grantee by members of the public. If at any tirne the Mayor, or such
other officer acting in a similar capacity, considers the protection provicLed by the
grantee to ths general public inadequate, then., in that evef4p such officer shall have
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the po*er to require the grantee to furnish acbditional protection., and grantee shall
comply with such order within thirty (30) days.
Section II. The grantee shall be obligated to discharge any claim or judgmerlt
against it final]„q established by lax and the fail.ure of the grantee to diseharge any
such claim so established for a period of sixty (60) days., shall ipso facto$ work a
forfeiture of the flranchise.
Section 12. It shal.l be the duty of the Mayor of the City of Paris to enforce
ttie provisions of this ordinance and all other applicable regtil.ations. He sha11
likewise recc>mmend to the governing body reasonable rules and regulations which when
approved by the City Council by apprcrpriate measures shall become binding upon the
grantee herein. Withaut limi.ting the power or authority of the City Council, the Mayor
shall perform the following normal functions of office affecting the grantee:
(a) To make reasonable orders respecting character., extent, quality and standard
of servi oe;
(b) To recommend to be fixed by the City Council such rates as are not in con-
fliet wi.th the express provisions hereoY and to make reasonable orders respecting the
same;
(c) To prescribe the nwnber of cabs to be operated by such grantee, applying
thereto the principles of the public necessity and cornrenience;
(d) To inspect any and all equipment used or proposed to be used by grantee for
the purpose of ex,ercising any right or privilege under such franchise.
(e) To require examination and recommend the licensing of a11 drivers or
operatars oY any cab or vehicle operated or maintained by such grantea under the
provisioas hereof; and to cancel such license of drivers or operators upon convie-
tion of sueh drivers or operators for violation of any laws of the State of Texras
or ordinance of the City of Paris regulating the operation of motor vehicles;
(f) To inspect the book s oY such grantee at all reasonable times and to pre-
scribe reasanable ruZes and regulations concerning the msthod of keeping such records
by such grantee;
(g) To make such other rules and regulations as may be reasonably necessa,ry to
facilitate the aervice to be rendered to the public under such franchise., qdxich rvles
when approved by the City Council, shall become binding on the grantee hersin,
Section 13. Vehiales operated under the terms of this franchise shall be knora
as "public service vehiclesu and mhen not in use in the exercise of the privilege here-
in granted shall be stationed or p arked at the headquarters of the grantee herein,
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ihich shall be loeated on private property and not on any of the streets, alleys.,
highxays, or public places of the City of Paris.
The word "Taxicab" as used in this ordinance sha]1 mean ar~y public motor vehicle
not corrveying more than ~ passengers, not operating over a fixed raute, or
routes., and carrying a passenger, or passengers., by special trips to and from par-
ticular addre9ses as dasignated by the passenger., or passeagers.
The stands hereby authorized are sub3ect to the control of the Police Departmerit
and subjeet to change at the will of the City Council.
Section 14. 2hat the grantee sYia11 promptly pay all lawful ad. va.l.orem talaes., and
such other levies and assessments., if any., that may be lawfully imposed upon it.
Failure to pay any of such eharges or e ither of them shall be deemed a breach of the
privilege granted herein and th e City., upon the happening of such eeent, raay declare
the rights of the grantee hereunder forfeited for sueh breach.
Section 15. This grant is made upon the express conditions that the non-
exereise of the power to regulate rates and charges which the grantee may charge
to the public in the operation of its business shall never be construed as an ae-
quieseence or recognition of the 3ustness or correctness of said grantee's estab:tished
rate, and that so long as the govern:ing body of the City of Paris does not e"rcise
its legislative and government,al power to fix and regulate the rates that the grantee
herain shall charge to the public, the question of property values used and nseful in
the rendering of the service prior to rate regulation sha11 never stop the city froa
detexmining 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 exerci se the
power to fix the rates to be charged for such service in the City of Paris no 8,210w-
ance in the may of said rate shall be made as compensation for any property u,sed or
consumed in rendering the service by the grantee herein for such service. If., and
when., the City Council decides to regulate rates., then at such time the Council Wi1.1
fu11y exercise its rate regalatory power uncYer the provisions of law applicable t.here-
to., and the failure to provide under this ordinance the machinery for the aclm,inistra-
tive., legislative or executive control of such matter shall not preclude the Cauncil
from fully exercising that power and providing suitable provisions to enforce stich
powero
Section 16. Should it be determined that any clause, condition, or conenaat
of this franchise is., for any reason,, alega4l or unanforceable., such clause., con-
dition or covenant sha11 be disregarded and the existence of the same sha11 not
affect the remaining clauses, conditions or covenants of this franchise.
Section 17. That any unwarranted and intentional neglectp failure or refusal
of sai.d grarrtee to comply with any of the conditions and stipa].ations contained in
said franchise sha11 thereupon i.mmediately., ipso facto, effect a forfeiture thereof,
arid the said City, by its City Council, may thereupon declare said franchise for-
feited., and may exclude said grantee from further use of the streets of said city
under said franchise., and said grantee sha11 thereupon and immediately surrender all
rights i.n and to the same., and said Yranchise sha71 becane nu.l.l and void and of no
eff eet.
Seetion 18. Within ten (10) days after the third and fiual reading of this
ordinance and its passage by the City Council, the grantee herein sha11 file with
the City Secretary, in writi.ng, the acceptance of tYbe terms and proeisions of this
grant.
Section 19. This ordinance shall take effect upon its passage as provided by
the terms of tlv.s ordinance and the laws applicable thereto., and all ordinances in
conflict herewnth are repea7.ed as far as they affect the privileges granted herein
to grantee.
APPROVED s
AYES NAYS s
A3'TEST s
vWNW ity ecretary,
Citq of Paris, Texas.
Mayor, City of Paris, Texa► .s