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1160 ORD LEVYING STREET RENTAL CHARGE BASED ON GROSS RECEIPTS OF 2% FOR OPERATION OF MOTOR VEHICLES TRANSPORTING PASSENGERS. w _ Asir& OP~DIPTAP.CE N0. ~ Affik AtT ORDIl`LUdCE =11VG NTR'T R1-1.17:L CHARGE F3Aa-M UPON GRdSS RV-CEII"PS of two (2;0) per cent per almum for the operation of motor vehicles transporting passengers for hire viithin the corDorate limits of the City of F'aris, other than motor vehicles operating under a permit or ce.rtificate of the Railroad Corunission of the State of Texas or the Interstate Cor^nerce Cot;mission; providing, that pay- nent of such street rental charge shall be made monthly on or before the seventh day oP each calendar month for the preceding calendar month; providi.ng Por the computation of said street rental charge; pr6vidin.g penalties for non-payment when due, and declaring an emergency. BE Ijm ORDAMM BY Tlr~ CITY COUNCIL 4F THE CITY OF PARIS: SECTIOSd U There is hereby levied and ordered collected a street rental eharge based upon groes receipts of ttivo (2jo) par cent per annum upon each person, Yirm, association or coxporation operating one or more motor vehicles transporting passengers for hire vrithin the corporate limits of the City of Paris, ather than motor vehicles operating under n pexm.it or certificate of the Railroad Cornmission of the State of Texas or the Interstate Commerce Commi.ssion. Every such persqn, firra., assoeiation or corporation, and each of them, shall, during all the time any one or more such vehicles are operated transporting nassengers for hire within the corporate lim.its of the City of Paris, pay to the City of i'aris, at the office of the City Secreta.ry, in lavrful money of the t?nited States, two (2%) per cent of the gross receipts of such person, firm, assoeiation or corporation, rnoasuxed by the total fares collected and other income derived from the operation of such r.?otor vehicles, vrhich said remittance shall be made monthly on or before the seventh day of each calendar month for the preceding calendar month. The street rental charge provided for in this seetion shall be in lieu of an;► other fees, or charges, irrpos- ed b;r any other ordinan.ce now in force, but shall not release an.y such person, firm, association or corgoration from the ~)ayment of advalorem taxes levied or to be levied upon property ovaned by such person, firm, association or corporation. S'ECTI02? 2. It shall be the duty of each nerson, f irm, association or corporation opsrating on.e or more motor vehicles transporting nassengers for hire -aith the corpor- ate limits of the Citg of I'aris, to file with the 2,1ayor of the City of Paria a sworn statement shovring all receipts for each calendar month, which. said verified statement shall be filed within five (5) days followirng the end of each month, Each such person, firm, association or corporation shall be and is hereby required to install and ade- quately keep 3 system of booldceeping to be anproved b;r the Mlayor, ti°rhich books and/or records shall at all times be subject to the inspection of the governing body of the City of Paris and/or such person or persons as the governing body of the City of Paris ANk , Alk ~ may designate, or either of them, so as to enablo tho governing body of the City of Paris to check the correctness of the records kept and in order to enable it to com- pute the amount of the gross receipts a.nd of the street rental charge due to the Ci.tyo a~Eclsorl 3o The provisions of this ordinan.ce ase declared to be in aceord with each and every Yranchise heretofore granted to any person, firm, association or corpor- ation by the City of Paris to operate a taxicab service on the streets, alleys and pub- lic crays vri.thin the City T.imits of the City of Paris, for transporting passengers, as to amount of payments, time for payment and the computation thereof, and nothing herein shall be construed as i.mpairing o,- alterin.g in any wfzy the provisions relating to pay- ments in any con.tracts, agreements, or franchises n.ow in eXistence, or hereafter -made between the City of Paris and the owners or oparators of Motor vehicles transporting passengers for hire, it being expresslq declared that the term "gross receipts taa" as used in each and every Pranchise heretofore grantod to any person, firm, association or carporation to operate a taxicab service on the street, alleys and nublic waP vjithin the City Limits of the City of Paris, for transporting passenCers, shall and does on and from the date of the passage of this ordinance mean and desimate trxe street rental charge herein and hereby levied and ordered collected. aTCTION J+. Anq ner-lect, omission or refusal by anp person, firm, association or corporation to file the verified statement renuired by Section 2 hereof, or to pay the percentage of the gross receipt5 at the time or in the manner herein provided, shall ipso facto work a f'orfeiture of any franchise theretofore granted to such person, firm, association or corporation an.d of all rights thereunder to the City of Paris, and the City Council of the City of Paris shall, at the nex't Regular or Speeial session of said City Council aYter such ne;lect, ornission or refusal, declare any such fran.chise for- feited and cancelled, and repeal the ordinance granting such franchise, without notice to the holder or holders of said franchise, this ordinance bein,g; hereby declared to be notice to all such persons, firms, associations or corporations that the action above direct6d vrzll and shaZl be taken in the event of any such neglect, omission or refusal, unless said holders of said franchise shall appear before the Citp Coimcil at the next Regzlar or Special meeting of said City Council and make satisfactory proof that all payments then due, together vrith the penalty prescribed in this ordinan.ce have been fully paid to the City Secretary of the City of Pariso aECTION 5o In the event payment of the street rental charge herein and hereby levied is not made on or before the seventtz dasT of any calendar month for the preeeding calendar month, the person, firm, association or corporation so failing to make payment, and/or their heirs, successors or assims, shall be and are hereby required to pay a sum equal to ten (10;0) per cent ot the amoun.t due as a penalty for the neglect, omission or + Aak refusal, as the case ray be, of such person, firm, association or corporation, to pay said street rental charge on or before the said seventh da,y of said r.lonth, as required herein and/or in the franchise crnn.ted by the City of Pariso sEcr-PTOrs 6. Should it be deter.m.i.ned that any, provision or requirement of this ordin.ance iS, for any reason, illegal or unenforceable, such provision shall be disre- garded, and the remaining provisions hereof shall be in r.a iray afYected but shal~ re- main in fu11 'Lorce and effect. SECTIOIN 7. The fact that the courts have interpreted Axticle 6698, ilevised Civil Statutes, 1925, as restricting the rights of cities to collect street rental charges from motor vehicles operated locally for hire, and that said Article 6698 has been amended to exnressly authorize an.d empower the cities of Texas to levy and colleet such street rental charge, leaving in doubt the present validity of provisions contained in franchises heretofore granted and still in effect, and the further fact that it is in the interest of the peop].e of the City of Paris that immediate provision be expressly made for the levy and collection of such street rental eharge which is justly due the City of iaris, creates a public emergency which is hareby declared rec?uiring that the rules and charter provisions requiring ordinances to be read on three several occasions and referrQd to a cor;umittee be and the 3ame are hereby suspended an d this ord3nance shall take effect from and after its passage.ky~ a~ PA3aT+ ZD 1a:(.?PRCNM Tf?IS THP, _Y_DIY OF 1947• Ayes . P.Iayor oP the City of Paris. Tday s . nTTx'ST : City Secretary.