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2014-015 Granting a shuttle service license to Courtesy Cab CompanyORDINANCE N0. 2014 -015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO COURTESY CAB COMPANY OF PARIS TO OPERATE A VAN SHUTTLE SERVICE ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR THE ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Courtesy Cab Company, has filed an application for a license to operate a van shuttle service on the public streets in the city limits of the City of Paris, Texas; and WHEREAS, city staff having reviewed the application, insurance certificates and other supporting documents received from applicant, hereby recommend that a one -year license to operate a shuttle service in the city limits of the City of Paris be issued to Courtesy Cab Company effective September 9, 2014; and WHEREAS, the City Council of the City of Paris, Texas hereby finds and determines that the application satisfies the requirements of the City Charter and City Ordinances for a license to operate a shuttle service, and further finds and determines that the applicant has made the requisite showing of public necessity and convenience for said shuttle service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That by a two- thirds (2/3) majority vote of the City Council of the City of Paris, the City Council hereby finds that public necessity and convenience require that a non - exclusive license be issued to Courtesy Cab Company ( "Licensee ") to operate a van shuttle service on the public streets of the City of Paris, Texas for a one -year term beginning September 9, 2014 and ending September 8, 2015. Section 3. That the right, privilege, and grant herein contained shall not be transferred or assigned by Licensee without first obtaining the formal action and written consent of the City Council of the City of Paris, and any attempted assignment or transfer of said rights and privileges by the Licensee without first obtaining such consent and permission from the City Council of the City of Paris shall operate, ipso facto, as a termination of the rights, privileges, and grant herein contained. Section 4. That the van shuttle service operated or maintained under this license shall be used for the purpose of the transporting of passengers and the personal luggage of such passengers to and from locations inside the city limits to locations both inside and outside the city limits. The Licensee herein shall maintain their principal office and place of business within the corporate limits of the City of Paris. Section S. That all vans used in connection with this shuttle service shall be maintained and operated in safe condition in accordance with the laws of the State of Texas and ordinances of the City of Paris. Section 6. That the City of Paris, in granting this non - exclusive license, fully retains and reserves all the rights, privileges, and immunities that it now has under the law to fully use, patrol and police the public streets, alleys, and right -of -ways within the City, and the granting of this license shall in no way interfere with the rights of the City of Paris to fully use said streets, alleys, and right -of -ways for any other public utility or public purpose, nor shall this license in any way interfere with the City's right to improve or maintain any streets, alleys, or right -of -ways in the City of Paris, and the rights of the Licensee herein to use said streets shall, at all times, be subservient to the right of the City Council of the City of Paris to fully exercise its rights or control over said streets, alleys, and public ways. Section 7. That Licensee shall, prior to the effective date of this license, pay to the City of Paris, at the office of the City Clerk, 150 1st Street S.E., Paris, Texas, in lawful money of the United States, a sum equal to $50.00 per vehicle used in the operation of said shuttle service. This payment shall represent the license payment due the City of Paris and failure to pay said license fee when due may result in forfeiture of this shuttle service license. No reimbursements will be made to Licensee if Licensee reduces the number of shuttles during the license year. Section 8. That the City of Paris expressly reserves the right to modify, amend, alter, change, or eliminate any of the provisions of this license, during the life of the same, for the following purposes, to -wit: (1) To eliminate or delete from the same such conditions as then prove obsolete or impractical; and, (2) To impose such additional conditions or requirements upon the Licensee as may be deemed necessary and reasonable, such conditions or requirements to be those as may be deemed necessary for the purpose of insuring adequate service to the public or protecting the health, safety and general welfare of the citizens of Paris. Section. 9. That, notwithstanding what may be said in any other portion of this instrument with reference to the termination hereof, this right is granted subject to the provisions of Article I, Sections 17 and 26 of the Constitution of the State of Texas, all applicable state laws, City Charter provisions, and any other laws that may be enacted in the future by the Texas Legislature, or amendments to the Constitution and the Charter of the City of Paris. Furthermore, the City Council of the City of Paris reserves the absolute right, upon notice and hearing, which said notice shall be given to the Licensee not less than ten (10) days before such hearing, to absolutely terminate this grant and license for any violation of the terms and provisions of this ordinance. Section 10. That it shall be unlawful for Licensee, its agents or employees, while operating any van or motor vehicle for hire within the City of Paris, to cruise. Cruising shall consist of seeking, searching, or soliciting employment while operating an automobile for hire by repeatedly and persistently driving such automobile for hire up and down on the public streets of the city of Paris and offering accommodations thereof to prospective passengers, whether by signal, word of mouth, or by carrying a sign with the word "For Hire" thereon, or some other word of similar import, or otherwise, 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 automobile for hire upon the public streets while unoccupied by a passenger without having a fixed destination thereof. Section 11. That Licensee shall, at all times during the effective period of this license, keep and maintain, in full force and effect, a policy or policies, of automobile liability insurance coverage which fully meets or exceeds the State of Texas minimum financial responsibility requirements for operators of motor vehicles in the state. The insurance policy shall also provide coverage for bodily injury to passengers and /or property damage and shall indemnify the City of Paris, Texas, its elected officials, officers and employees from and against any and all claims for damages, personal injuries, or property damages sustained as a result of the negligent operation of any motor vehicle by the Licensee, its officers or employees, and shall pay all premiums due thereon when due. Said policy shall also list the City of Paris, its elected officials, officers and employees as additional insured under the required coverage. It is expressly provided that such insurance policy, or policies, shall, and must, be written and issued by a reputable insurance underwriter, or underwriters, authorized to do business in the State of Texas, subject to approval by the City Attorney of the City of Paris; and the Licensee, or their insurance carrier or carriers, shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company, or companies, evidencing the fact that such insurance is in full force and effect at all times during the effective period of this license. All such policies shall be written so that the City of Paris will be notified of cancellation or of any material change to the policies at least ten (10) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City of Paris c/o City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461 -9037. Section 12. The Licensee shall promptly respond to all claims filed against it for bodily injury or damage to property arising from the operation of its shuttle service; and well and truly pay directly to every judgment creditor or valid claimant who has been injured through the negligent operation of any motor vehicle by the Licensee, its agents or employees, or whose property has been damaged, any amount, or amounts, of money that shall have been awarded by final judgment of any court of competent jurisdiction or by agreement against such Licensee on account of any such injury or damage. Section 13. That in the event Licensee fails to provide the City with a current Certificate of Insurance with appropriate insurance coverage for all vehicles operated under this License and /or Licensee fails to fully discharge any claim for damages or injuries established by final judgment of a court of competent jurisdiction or by agreement within sixty (60) days after the same has been so established, such failure shall constitute grounds for termination of this license. Section 14. That every van or shuttle bus operated by Licensee under this license shall, at all times, have painted, or otherwise impressed upon the front doors thereof, easily visible signs bearing proper identification of the company operating under this license. All such vehicles shall be owned by and registered in the names of the Licensee, and no other vehicle may be used or operated by Licensee on the streets of the City of Paris under this License. All such vehicles shall be registered with the City Clerk of the vehicle identification number, and if more than one van is licensed the vans shall be numbered consecutively and said numbers shall at all times be displayed at some convenient location on both sides of said vehicles. Section 15. That in accepting this License, Licensee agrees that it shall not discriminate against or refuse shuttle service to any person on the basis of race, color, creed, sex, or national origin. Any proven violation of this section of the license may result in an immediate suspension or forfeiture of this shuttle license. Section 16. That it shall be the duty of the City Council of the City of Paris, by and through its City Manager, to enforce the provisions of this ordinance and all applicable rules and regulations, which, when approved by the City Council, shall become binding upon the Licensee herein. Among other things, the City Council shall, from time to time during the term of this license, have the power and authority to promulgate effective regulations concerning the following, to -wit: (1) To make reasonable rules or regulations applicable to taxicabs, shuttle vans or other such "vehicles for hire" operating on public streets in the City of Paris, Texas; (2) To fix such rates for service to the public as are not in conflict with the express provisions hereof and as will provide for Licensee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to the public under this license; and, (3) To make such other rules and regulations as may be reasonably necessary to facilitate clean and professional shuttle service to be rendered to the public under this license, any such rules and regulations, when adopted, to be binding upon the Licensee herein. Section 17. That the van(s) operated by Grantees under this license shall be known as a "Shuttle Service" and, when not in use in the exercise of the privileges granted herein, shall be stationed or parked at the principal offices of the Licensee, which principal offices shall be located on private property. Section 18. That the word "shuttle" in this Ordinance means a van -type motor vehicle that has a manufacturer's seating capacity of not less than seven (7) passengers and not more than fifteen (1S) including the driver, and is used for transportation of persons from one location in the city to another location either inside or outside of the city. Section 19. That the Licensee shall promptly pay all lawful ad valorem taxes and such other levies and assessments, if any, that may be lawfully imposed upon them. Failure to pay any of such charges, or either of them, shall be deemed a breach of the license granted herein, and the City, upon such occurrence, may declare the rights of the Licensee hereunder forfeited for such breach. Section 20. This grant is made upon the express condition that the non - exercise of the power to regulate rates and charges which the Licensee may charge to the public in the operation of their business shall never be construed as an acquiescence or recognition of the justness or correctness of said Licensee's established rate, and that, so long as the City Council of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the Licensee shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regulation shall never stop the City from determining 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 rates to be charged for such service in the City of Paris, no allowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the Grantees for such service. If, and when, the City Council decides to regulate rates, then, at such time, the Council will fully exercise its rate regulatory power under the provisions of law applicable thereto, and the failure to provide under this ordinance the machinery for the administration, legislative, or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 21. That any unwarranted and intentional neglect, failure, or refusal of the Licensee to comply with any of the conditions and stipulations contained in this license shall thereupon immediately, ipso facto, effect a forfeiture hereof, and the City Council may, thereupon, declare this license forfeited and may exclude the Licensee from further use of the streets of the city under this license, and the Licensee shall thereupon and immediately surrender all rights in and to the same, and this license shall become null and void and of no effect. Section 22. That the grant of this license shall be and is hereby expressly conditioned upon the right of the City Council to adopt an ordinance or ordinances regulating the activities authorized herein, and upon adoption of said ordinance or ordinances, the City Council reserves the right at its discretion to supersede this ordinance with the requirements of said regulatory ordinance or ordinances, even if the term of this ordinance has not expired. Section 23. That within ten (10) days after the passage of this ordinance by the City Council, the Licensee herein shall file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant. Section 24. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 25. That, should it be determined that any clause, condition, or covenant of this license is, for any reason, illegal or unenforceable, such clause, condition, or covenant shall be disregarded, and the existence of the same shall not affect the remaining clauses, conditions, or covenants of this license. Section 26. That this ordinance shall become effective in accordance with the terms and provisions of the City Charter of the City of Paris, and shall be effective for a period of time as stated herein. Section 27. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 28. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1 -6 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 29. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on by at least a two- thirds (2/3) vote of the City Council this 8th day of September, 2014. Matt Frierson, Mayor ATTEST: nice Ellis, City Clerk APPROVE FORM: W. ent cll r City Attorney APPLICATION for Shuttle Service Permit City of Paris, Texas TRADE (CORPORATE) NAME: ADDRESS: '�! 1 75_x'2 N� S-7 CITY: �%7'��5 STATE: ZIP: TELEPHONE: 0 ?) 7,72, ?fy /� "�N yo r >0lwy -�- ADDRESS: i....j % 2 /V T CITY: (l ZIP : TELEPHONEA 7 -Z2, eG4pll CORPORATE OFFICERS: LIST ALL GUKPUKA 1 t Ul-NIU KJ nFSCRIRE SERVICES TO BE OFFERED STATE: LIST INSURANCE COMPANY INFUKMA 1 wry INSURANCE COMPANY POLICY # ADDRESS CITY f' '�' STATE TELEPHONE ( L- .AGENT NAME ATTACH A COPY OF THE "CERTIFICATE OF LIABLITY INSURANCE" TO COMPLETED APPLICATION. Ensure the Insurance Companyalso supplies a schedule of the currently covered vehicles to include vehicle year, make model, VIN, and license plate number. Attach a copy of the schedule to the completed application. LIST INFORMATION FOR EACH INSURED VEHICLE VEHICLES INSURED MAKE AND YEAR COLOR TEXAS LICENSE PLATE # VIN # TEXAS MV NSPECTION # 2. 3. 4. 5. 6. 7. 8. 9. 10. APPLICANT'S INFORMATION NAME OF APPLICANT ATE OF BIRTHS " iT,?l-RST, MIDDLE HOME ADDRESS �� j-21- HOME TELEPHONE �lD' %� BUSINESS TELEPHONE RACEf SEX DRIVER'S LICENSE #t�C��/ STATE I IST EACH DRIVER'S INFORMATION DRIVERS FULL NAME r r r - �`i DATE OF BIRTH -� ADDRESS G �� �I ��LA'� RACE SEX DRIVER'S LICENSE # STATE 1 k FULL NAME S. r�, ; �'r ► io /'S ADDRESS 1 � S � C N,: P��,s Tic 7SW 4o DRIVER'S LICENSE #gL J?vU 174 CONTINUED NEXT PAGE DATE OF BIRTH 0a, —to- i990 RACE SEX >� STATE FULL NAME DATE OF BIRTH ADDRESS RACE SEX DRIVER'S LICENSE # STATE FULL NAME DATE OF BIRTH ADDRESS RACE SEX DRIVER'S LICENSE # STATE FULL NAME DATE OF BIRTH ADDRESS RACE SEX DRIVER'S LICENSE # STATE FULL NAME DATE OF BIRTH ADDRESS RACE SEX DRIVER'S LICENSE # STATE FULL NAME DATE OF BIRTH ADDRESS RACE DRIVER'S LICENSE # STATE FULL NAME ADDRESS DRIVER'S LICENSE # SEX DATE OF BIRTH RACE SEX STATE FULL NAME DATE OF BIRTH ADDRESS RACE SEX DRIVER'S LICENSE # STATE CERTIFICATION I, the undersigned applicant, hereby certify that all information contained in this application is true and correct. I understand that falsified statements or incomplete information on this application are sufficient cause for rejection of this application. I also authorize the City of Par- is, Texas Police Department, it's agents, or it's representatives to verify any and all information contained in this application by any means the Department elects to emptoy� Signature of Applicant MAIL TO: City Clerk, P.O. Box 9037, Pails, Texas 75461 FOR OEPAKI Mt1NI UaC VIVLI VERIFICATION CONDUCTED BY DATE APPROVED BY DATE REJECTED BY DATE REASON FOR REJECTION CORRECTIVE ACTION TAKEN PERMIT ISSUED DATE DATE OF EXPIRATION RENEWAL NOTICE SENT OFFICER MAKING REPORT COMMENTS: