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
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DATE OF BIRTH 0a, —to- i990
RACE SEX >�
STATE
FULL NAME
DATE OF BIRTH
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RACE
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DRIVER'S LICENSE #
STATE
FULL NAME
DATE OF BIRTH
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RACE
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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: