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1186 ORD CREATING FRANCHISE TO NAMED GRANTEE FOR PRIVILEGE OF OPERATING MOTOR VEHICLES ON THE STREETS ETC OF COPr wl► ~ . .i. w fJRi7INANCE N0. AN ORDINANCF CREATING A FRAAIvHISE TO 2HE HEREZIIA'Z'ER NAMED GRANTEE FOR THE PRIVILDGE OF OFERATING MOTOR V'EHICLES ON THE STREi:TS, ALLEYS, AND HZGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRdNSPORTING PASSENGERS FOR HIRE FOR A PERIOD PE& GINNING ='~ovember 8 0 1948 , AND EN?)IpiG November ? ~ 1958 , UPON THE TERMS AND CONUTTIONS HEREINAFTER AENTIONED; PRpVIDING FOR A RFGULATION QF SAID SERVICE; T'ROVIDING FOR THE PAYMEN'T OF A GROSS RECEIPTS TAX FOR SUCH PRIVILEGE f F'R0& VIDING FOR THE 3`ERMINgTION 0f' THE GRANT; PROVIDING FOR TAXICAB STANDS FOR USE OF GRANTEE; PROVIDIKG FOR FUBLIC LIABILITY SECt3R,ITY; PROVIDING FOR 3UPERVI3ION BY THE :'KA3COR; AND PROVIDII~'i FOR TFiE 5URRENDER OF THE RIGHT3 AND FRIVILEGES HERETOFORE CON- FERRED UPOAT THE GRANTEE UNDER ANX PRIOR ORDINANCE AND A14ENDMENTS THERETO; AND PRO- VIDING THE DATE WHEPd THIS ORDINANCE SHALL HEG01+E EFFECTIVE a BE IT ORI3AINED BY THE CITY COUNCIL OF THE CITY OF PAR,TS s Seation 1. That a franahise is hereby granted to joe akicirnore & Son. :i.:~~.a. Yellaw 'Jab ~,ompa.riy p hereinafter designated as "Grantee" to operate a taxiuab serviae for a period beginning :+ove:;~ber 8 ,1 4 and ending :;ovember 7 , 19 58 , on the streets, alleys, and publio ways within the City 3.imi.ts of the 3ity of Paris., for tranaporting pasaengers. The grantee herein shall maintain hia prinaipal plaQe of businesa in the C3ty of Paris, Lainar County,. Texas, where he shall maintain hi.s headquarters, and provided,, further, that it shs11 be aonsidered a breaohl or terminationp of this grant by the grantee if there be any attempted aasignment of the privilege granted herein to any person, and suah attempted ass3.gnment sha7.1 operate ipso facto aa a term.ination of any and al.l rights of the grantee vnder this instrument,. Sedtian 2. That the taxicabs operated or maintained under said franahise ahall be ueed for the purpose of transportation of passengers and the personal luggage of suah pasaengers. 5ecztion 3. That all automobiles or vehicles used in aonneation wi.th this taxi- aab service shall be operated in acaordance w3.th the laws of the State of Texas and crdinanoes of the 3ity of Paris, and suah future amendments thereoff or either of them., relating to or regulating the operation of motor vehiclea upon atreets or highways. 5ection Q. The City of Paris, in granting this franchiee., fully retaina and re- ser°ves all the rights, privileges and immunities that it now has under the law to fully patrol and police the streets, alleys and public waya within the City.. and the granting of this franahise shall in no way interfere with the right of the City of Paris to fully use said strests,, alleqs and publtc ways for any other publia utility, sow shall this franchise in any way interfere with t,he improvement or maintenanoe o£ any other streets, alleys, and public ways,, and tYie righta of the grantee herein to use said streets shall at al.l timea be aubservient to the right of the governing body of the City of Paris to fully exerctise its rights or aoni:rol over said streets, alleys and publie ways. -1- ,r AMk Seation 5, That the grantee 9hs11, during the life of said franahise, pay to the City of Parist at the offioe of the City Secretary, in lawful money of the United Statess two (2) per aent of the gros$ reoeipts measured by the total fares Qollscted and other income derived from the operation of the taxioab serviae, whioh said re- mittanee aha7.l be made monthly on or before the seventh day of eaah csalendar month for the preQeding calendar month. The aompenaation pravided for in this seatian shal.l be in lieu of any other fess, or aharges, imposed by any other ordinauce'nows or here- after, in Portse during the life hereof, but shall not release the gra.ntee from the payment of ad valorem tauces levied, or to be Iev3ed, on property it owns. Seotion 6. It shall be the duty of the grantee to file with the Mayor of the City of Paris asworn statement ahowing all reaeipts, whieh sai.d verified statemsnt shall be filed wj.thin five (5) days following the end of eaah month. The Grantee herein shall be required to inetall and exiequately keep a system of bookkkeeping to be approved by the Mayarg whiah books shal]. he subject to inspeation of the governing body of the City of Paris and suah personp or persons, as the City of Yaris may desig- nate., or either of them, $o as to enable the City of Paris to cheak the correctneas of the aaQOUnts kept and in order to enable it to Qompute the amount of the groae re- aeipts tax that may be d.ue to the City, Any negleot, omisgi.on or refusal by said grantee to file said veriPied statement or to pay the said percentage vf,the said gross receipts at the time or in the manner hereinbefore provided, shall ipso faato work a f'orfeiture of said franchi.se and of all rights thereunder to the City of raris. Secttion 7. The City of :'aris expreasly reservee the right to modify, amend, alter.. change or eliminate any of the pravisions of this franchisep durirsg the life of the same, for Lhe following purpoaea, to-rr3.t s (1) To elimi.nate or delete from the sarne suah Qonditions as then prove absolete or impracitical; (2) T'o impose 8uoh additional eonditions up4n the grantee as may be juat and reaaona.blet suoh conditions to be t.Yioae as may be deemed neaeasary for the purpoae of inauring adequate service to the publia. Seation 8. Notwithstandi.ng what may be said in any other portion of thia inatru- ment with referenoe to the termination thereof, this right is f;rantsd subjeat to the provisions of Artiale I, Section 17 and 26 of the uonstitution of the State, the appli- Qab1e state laws, eharter provisionsp and sueh future laws as may be endated by the legislature, or amendments to the Conatitution and the Charter of the City of Pariao -2- Adk Furthermaras, the governixg body o:: the 14'ity of a'a.ris reservea the absalute right upon notioe and ahesrizg whiah sal.d not.iae s2aJ.1 be given to uhe grantee not lose thann thirty (3c3) days bet'are euah hearing, to absolu#.e}.y tezmt.nsfi,e this 6rmnL f'ccr wg vio3ati.ans of the terms end prc,visiarzs of this ard3nanae. SeQtion 9. That it ahall hersatter be unlawf'ul for t,he grantee, itar ofPiaera, agents car emp].nysess operetisg aqy autamaM].e for hire crithin the 0,ity of Farisj to cruise. 'Vruising she1l oonsist of saeldng, searohing or solicitin, e,faployment uhile operating an automobile for hire by repesated].y and persistently driving aucsh automo- bile for hire to and fro an the publia atre+ets of the :ity of Pe.ris and of'f'ering s;cctcmiodations trereaf to proep*ative gaseengers, +sither by s3gria3., word of rnouth, or by ca.rrying a sign Ath the worci "Vaaant" therscxnp ar aome other ward of simi3ar impart or otherrwise or in azay rnanner what,roever operratiing said behicale upcn the public stresets of the ~1ty of Paaris for the p4irpo =e ai' solf :iting passengera, 4r driv3rtg ata automobile far hire upan t.Yie pubIi4 a-tree-te wYa3.le unciacupied by a passenger withaut hevizag a Pixed destinatian th~~eof. Seot3.tm la. That before this franahise ahe11 bs ef."ecttive the grantee sha3.1 furnish to fihe Jf ty of Paris for i tas automobilee sgood arxd sufficient aseuranoo in wrl.ting that auah auLo.~:wbiles ehal.l be operated with due oare and auuticua for publia saUtq. Suoh assurance shal.l aongist aP agood and su,.'ficisnt bond, or poliog of insizrranoe, ta be spproved by tbe z^RVar, ooudf.tioneci that the holder of the franchise shall raell aeas3 trul,y pay to t,he ~3syor of the ;;ity or his suCCgaffioT in o£t'iae, f or the benetit of eveary jud,gnaeat aridi.tor who 2ae been injured through the negli;exit opPration of sucth sutamab9.1e, ar atxtornobilee, by the grantee ar ita employses, ar w3.12 WeLt and truly Pay di.recst}y ta anY jud,gment areditor wha haas been i.njurecl, or whose properLy has boon damagad' any amaurits, or smuntss, of money t.hat sha12 have been awardeci bq t'inal judg_ ment aY' axq ocaurt of ac>mpe#.ent juri.sdiaticux against auah gra.n,tee an aaaaunt of euah in3ury, sat earcaeeding fcsr bodily injury ar deat,h to any one person °the sum of 45,000.JU, ar the eeum of .a;1Os€X?O.U0 Por alI persons injursd in any one acc3dsnt c3r voaasion. If permltted by Stat,e Iaw the sai.d bonr3 iar polioy ehall. provide that eacth such oause of aoticn sta.7.1 surv3.ve in aase os' death of Lhe inj:xred person for the beftefit of l.ho beaefl.ciary ai' suah pereon, aaad that sizoh band nr policsy sha31 be aabjeot to suacaeasive recoveriee dixri.ng the tine that suah band or pblioy ;nay cantinue in effect. -3- AOL Said bond or policy of insuran.ee to further provide that na action lie therean or against the sureties or surety thereon until more t.han th3.rty dsys after a final judgment in faeor of said judgment csreditor againat the prinaipal.., not pending on appeal or wrlt of error is and remains unagtiafied. No eation for the indemnity againet loss prov3.ded by said bond or said polioy of insuranee shall lie against the sureties on aaid bond or against the insuranee aompany unless the aotion upon whi.ah suah judgment is sought to be Qolleoted waa brought withi.n twenty-fine months frotn the date of the act oomplained of.. urilees this provision be oontrary to State laws whiQh shall govern. The ssid bond shall be executed by two or more good and suff3aient eureties if natural persons are used as sureties, both of whom sha11 reside in Lamar County,, Teaas, or by a solvent surety oompany or insurance aompany authorized to do business in the ~-,tate of Texas. Provided, however, that in lieu of the insuranoe or bond provided for herein, the grantee may deposit with the 3ity Auditor United Sta.tes Government Bonds' United States Government Treasury Certificates, or 'Jity of Yaria bond.e, or aash,, in the aum or faae samowa,t of Ten Thouaand (410,000.00) Doziars, arid upon the receipt of sueh seauritiee, or aasti, it ahall be the duty of the "vity Secsretary to issue a recteipt thereforp a copy 4f whieh shall be furnished to the grantee and another aopy to be retained by the City Secaretarg. The Uity Secretary,, upan preaentation oF suah reaeipt,, eha1.1 thereupon certify to the Mayor that the graritee has csonplied with this seetion. It is expressly provided, however, that in the event of impairmen. of this seaurity, or the caah de- poeited herein, by aJudgment whiah remains unsatisfied or partially deplet~.s thia amount, that it shal.l be the duty of the grantee herein to repienish this fund by de- posit of additions3, aash or additional seourity of the aharacter mentioned herein~ within ten (10) days after being noti£ied to do so by the Mayor or Oity Secretary, It ia distinetly underatood that the Mayor or other offieer exercising the same or sinzilar poweras may from time to time require the grantee to furnish detailed information ae to the nature, amount and aharacter of any and all alaims that are being a9serted aga3.nst the said grsntee by members of the publie. If at any time the Meyor, or suoh other offiaer aotin,g in a similar capaoity, aonsiders the protection provided by the grantee to the general publia inadequatef then, in that event, such offiQer shall have the power to require the grantee to furn3sh additionsl proteation, and grgntee shall comply with suah order within thirty (30) daya. -4- Alk IddilL Adk Seetion 11. The grantee shall be obli;•ated ta diseharge any alaim or judgnent agai.nst it finally eatablished by 1aw and the failure of the grantee to discharge any sueh claim ao established for a period of sixty (60) days, shall ipao faeto, work a forfeiture of the franchiae. 3eation 12, It shall be the duty of the Meyor of the City of k'aris ta enforce the provisions of thia ordinanae and al.l other applicable regul.atiana. He shall I.ike- wise reaommend to fi.he goserning body reasonable rules and regulations whiah when ap- proved by the City Couneil by aPpropriate measures shall beaome binding upon the graatee herein. iiithout limiting the power or authority of the City Counoil, the Mayor shall perform the following normal funations of offiQe affeating the grantees (a) To make reasonable orders re9peatirg charaater, extent, quali.ty; and standard aP service; (b) To reaammend to be fixed hy the City ~ouncil such rates as are not in Qan- flict with the expreas provisions hereof and to rna.ke reaaonable orders repseating the same; (cs) To prescribe the number oF cabs to be operated by suah grantee, applying thereto the prinaiplea of the publia neaessity and aonvenienoe; (d) To inspeat any and all equipment used or proposed to be used by grantee for the purpose of exeraiaing sny right or privilege under such franahisef (e) To :equire examination and recommend the liQensing of all drivere or operators of any aab or vehiale operated or maintained by suah gran.tee under the pro- vision» hereof; and to carxeel suah lioense of drivera or operators upon aonviation of guah drivers or operators for violat,ion af any laws of the 5tate of Tezcaa or ordinanee of the City af Paris regulating the operation oP motor behiolea; (f) Ta inspeat the booke of suah grantee at all reasonable timee aad to pre8aribe reasonable rules and regulations concerning the method af keeping suah reoards by suah grantoe; ~(g) To make suah other rules and regulatians as may be reasonablg neaessaxy to faeili,tate the aerviQe to bE rendered to the publia under suoh franohise, whioh rulea when approved by the City Counail, shall beeome binding on the grantee hereino Seation 13. Vehicles operated under the terms of this franohise shall be known as "public seruice vehielea" and when not in use in the exeroise oF the privilege herein graxited shall be station vr parkAd at the headquarters of the grantee herein# -5- ~ - ~ A whiah shall be loaated on private property and not on any af the streets, alleyap highwaya, or publie plaQes of the City of Paris. The worci "Texi.cab" as used in this ordinariae shall rnean any public mator vehiale not eonveying more than __`_,__pa9sengera, not operating over a Pixed route, or routes, and carryi.ng a psssenger, or passengers, by special trips to and from partiaular addressea as dasignated by the paasenger, or pasaengereo The stsnda hereby authoriaed are sub3eat to the aontrol of the Poliae Department and subjeot tc ahange at Lhe will of the City Couneil. Seation 11+, That the grantee shall promptly pay all lawful ad va].orem tazesp and suah other leviea and assessmenta, if anny, that may be lswf'ully imposed upon it. Failure ta pap auy of such chargee or either of them shall be deemed a breaah of ths privilege granted herein and the 'Aty, upon the happenixtg of sucsh event, may dealare the rlghte of the grantee hereunder forfei-i:ed for sucsh breaoh. 3ection 15. This grant is znade upon the exprese aonditions that the non- exerciae of the power to regulate rates and chargeg whio# the grsntee may charge to the public in the operation of its business shall never be aonatrued as an aoquieseence or reeognition of the 3ustness or eorreetneas of said grantee's eatabliahed rate, anfl that 30 lcang aS the governing body of the City of F'aria does not exeroise its legisla- tive and governmental gower to fix and regulate the rates that the grantee herein shall charge to the publie, the question oY property values used and useful in the rendering of the sarvise prior to rate regulation shall nener atop the city from determin'[.ng the real or actual value of progerty ueed or uaeful in rendering such s~:,rvice. Tf. snd when, the Gity Cauncil, or other gonerning body shall exereise the power to fix the rates to be aha.rged for aueh aezwi.ae in the City of Paris no allowanae in the way of said rate shall be made as compeneation for any property used or aonsumed in rendering the aervice by the grantee herein for auah service. If, and when, the City "ounail decideo to regulate rates, then at auoh time the Counail will fully eaeresise ita rate ragulatoryr power under the pravisions of 1aw applieable thereto,, and the failure to provide under this ordinance the msahinery for the adffi.nistrative, legislative ar executine control of such matter ahall not prealude the Gounail from fx11y exeraising tha.t power arid providing suitabls proviaiona to eruiorse suoh power. Secatian 16. Should it be deterro3.ned that any alause, aondition, or aovenant af this franahise is# for any reason, illegal or unenforaeable, suah alausep condition or aovsnant shall be disregarded and the existenae oP the same shall not affeot the re- ma3.ning alauses, aonditions or aovenanta of this f'ranehise. -Fr " • A. _ Seat.icm 17. That any unwarranted and intantional neglcseb, fai.lure ar rePuse3 of gaS:l graxtee to comply tiait.h any of the taondi.tiarns and stipulations containad ia oi.d grantee ta oomply with eny of the caonditicuus and stiguls«ti.ons eor►tained in said Pxaaahiaa ahe11 thereupan immediataly, ip34 faat.a, et"feat aforfeiture thereoPg and the aid Git9, bY ite "Aty Jtrnuna11., ~er.y there+upon doolars said franclxS.se forPeited, and may exalude asi.d granfi,ee fram further use af the etreets of said ait.y uruier saS.d franchiffie, and e~id grantee aha11 thereupcn and 3.wmdiatsly surrender sl1 ri.ghta in ~ to the sa.'ne, and araid f'rancshise sha13,. beocxme nu1.1 ancl void and of no effaat. Secti.m 36, Wf,thi.n t.en (lU) dqys after the third and final reauding of trhi.a vrdinancae and its paesa8e b9' the City 13vunoil, the, grantse herein s2ia2.1 fiie with tha -Aty Seareta:y, in wr3.ting, the eacept.anae of the terms and provisiona of t.his grant. Seati.on 19. This arclinance ahall take ePfe►4t upon ita paggage as pa-crv3.ded by the terms aS this ordinanae and the laws sppliaable theretcst and all ordinaaaes in aonflict herewith are repsaled aa far as they affeat ths privilegesg granted herein te grantes. ~ Nathan J. L3 t t -,ityy Par3.rs, 1'exas. ~P'rrtOvEa:__ ~p fI~iAY~ AY~.'3 t..,,.,....~.........~.., ATTES"T t ~j~~~v'i(,~ €iati7.ey B. il tyW,, G'i. yS!3{:r8'Cas"y't ,ity of paria, Tems.