ORD CC 09/02/1949 - grant 5-yr. taxicab franchise to E.A. Boaz & J.A.BoazAN ORDINANCE GRANTING A YEAR TAXICAB FRANCHISE
TO E. A. BOAZ AND J. A. BOAZ, AND PROVIDING THE TER1JS,
CONDITIONS, RULES AND REGULATIONS CONTROLLING SUCH
GRANTING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS -
VILLE, TEXAS:
SECTION 1: GRANT OF FRANCHISE AND DEFINITION OF TERMS.
1. Subject to the terms, conditions and provisions of
this ordinance, a franchise is hereby granted to E. A. Boaz and
J. A. Boaz in the City of Huntsville, Texas, operating under the
trade name City Taxi Service, hereinafter designated "grantee ",
to operate a taxicab service fora of eriod
p (a ) years, com-
mencing with the effective date of this ordinance, upon and over
the streets within the corporate limits of the City of Huntsville,
Texas, for the transportation of passengers for hire.
2. The word "street" shall mean and include any street,
alley, avenue, lane, public way or highway within the corporate
limits of the City of Huntsville, Texas.
3. The word "taxi" or "cab" or "taxicab" shall mean,
cover and embrace any vehicle for hire for the transporting or
conveying of not more than seven (7) passengers, upon or over the
streets of the City of Huntsville, Texas, whether operated wholly
within the city or between points outside of the city and points
within the city, not operating over a fixed route or routes, and
carrying a passenger or passengers for hire by special trips to
and from particular points as designated by the passenger or pas-
sengers, except bus lines operating through the city and having
a permit from the Railroad Commission of the State of Texas, and
except buses hauling school children on a regular scheduled route.
4. The word "person" shall include both the singular
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and the plural, and shall mean and embrace any person, firm, oor-
poration, association, partnership, system or trust.
5. The taxicabs operated or maintained under this fran-
chise shall be used solely for the purpose of transportation of
passengers and the personal luggage of such passengers.
6. As used herein, the word "city" shall specifically
designate the City of Huntsville, Texas.
SECTION 2: LI141ITATIONS OF THE GRANT.
1. All taxicabs used in connection with this taxicab
service shall be operated in accordance with the Laws of the State
of Texas and ordinances of the city, as well as all amendments
thereof, or either of them, relating to or regulating the opera-
tion of vehicles upon the streets.
2. In granting this franchise, the city expressly re-
tains and reserves all the rights, privileges and immunities that
it now has under the law to fully improve, maintain, patrol, po-
lice and use for other public uses the streets, alleys and public
ways within the city, and the rights of the grantee herein to use
said streets shall be at all times subservient to the right of the
governing body of the city to fully exercise its rights or control
over said streets.
3. Notl,,rithstanding any other apparently contradictory
section or paragraph of this ordinance, this franchise or right
is granted expressly subject to the provisions of Article I, Sec-
tions 17 and 26 of the Constitution of the State of Texas, all
applicable state laws, city ordinances or resolutions, and such
future laws, ordinances and resolutions as may be enacted by the
legislature or governing body of the city, or any amendments there-
to.
SECTION 3: F�,ES AND RECORDS.
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1. The grantee shall, during the life of this fran-
chise, pay to the city, at the office of its tax collector, in
T ry
lawful money of the United States of America, as a city permit
fee, two (2) per cent of the gross receipts per annum from the
operation of the taxicab service, which said payment shall be
made monthly on or before the 15th day of each calendar month
for the preceding calendar month, in the manner hereinafter pro-
vided.
2. On or before the 15th day of each and every month
the grantee shall file with the Tax Collector of the city a sworn
statement showing all receipts received by the grantee in the op-
eration of said taxicab service for the preceding month, and shall
concurrently with the filing of such sworn statement pay to the
city, as hereinabove provided,. two (2) per cent of such gross re-
ceipts.
3. The compensation provided for in this section shall
be in lieu of any other fees or charges imposed by any other or-
dinance now in force, but shall not release the grantee from the
payment of ad valorem taxes levied or to be levied on property
owned by grantee.
4. The compensation to be paid by grantee to the city
under this section may hereinafter be raised or lowered in such
amount as may be•
y justified, taking into consideration a fair and
reasonable return to grantee upon its investment in physical as-
sets, not including good will or franchise value.
5. The grantee herein shall install and adeauately -eep
a system of books and records to be acproved by the City Comptrol-
ler, which books and records shall be subject to inspection by the
governing body of the city, or such person or persons as may be
designated by the city, or either of them, so as to enable the city
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to check the correctness of the accounts kept, to compute the a-
mount of gross receipts and to determine the amount due to the city,
as well as for any other lawful purpose.
SECTION 4: BOND REQUIREMENTS.
1. This franchise shall not be effective unless and un-
til the grantee herein shall have procured and deposited with the
City Comptroller of the city a good and sufficient bond, subject
to. the approval of the Comptroller, and payable to the city, for
the use and benefit of any person or persons who may suffer in-
jury to their person or property by reason of the negligence of
the grantee, its agents, servants or employees in the operation of
any taxicab within said city, which bond shall be in the penal sum
of not less than Five Thousand (W57000.00) Dollars covering prop-
erty damage and not less than Five Thousand ($57000.00) Dollars
for one person and Ten Thousand ($107000.00) Dollars for all per-
sons injured in the same accident, and which said bond shall be
subject to the approval of the City Comptroller as to its form and
the sufficiency of its sureties, provided, however, that in lieu
of such bond the grantee may procure and deposit with the City Comp-
troller insurance policy or policies issued by a company acceptable
to the City Comptroller in the amounts provided for in said bond
and providing for the same coverage, which said insurance policy
or policies shall not be approved or accepted by the City Comptrol-
ler unless and until satisfactory proof has been made that all prem-
iums due thereon have been paid. Such policy or policies shall
likewise provide that the insurer will pay all judgments which may
be recovered against the grantee based upon claims for loss or dam-
age or personal injury or loss of or injury to property occurring
during the term of said policy or policies of insurance and aris-
ing out of the operation of said taxicabs, and such policy or poli-
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M
ties shall also provide for successive recovery to the complete
exhaustion of the face amount thereof, and that such judgments
will be paid by the insurer irrespective of the solvency or in-
solvency of the insured. Such liability and property damage in-
surr��nce shall be continuously maintained in Full force and ef-
fect for and on each and every taxicab while being operated by
grantee.
SECTION 5: GENERAL CONDITIONS.
1. During the entire life of this franchise, the city
expressly reserves the right to, and by the acceptance hereof the
grantee agrees that the city may, modify, alter, amend, change or
eliminate any of the provisions of this franchise, either by ordi-
nance or resolution, to effect any of the following purposes:
(a) To eliminate or delete from the same such condi-
tions as then prove obsolete or impractical.
(b) To impose such additional conditions upon the grant-
ee as may be just and reasonable, such conditions to be those that
may be deemed necessary for the purpose of insuring adequate ser-
vice to the public.
(c) To make reasonable orders respecting the character,
extent, quality and standard of service.
(d) To alter or che.nge the rate or rates to be charged
by grantee for taxicab service. No change in rate may be made by
grantee without the consent and approval of the City Council by
ordinance or resolution.
(e) To prescribe the number of cabs to be operated by
the grantee in accordance with the public necessity and convenience.
(f) To inspect any and all equipment used or proposed
to be used by &-rantee, and to reject any such equipment not deemed
safe ant adequ ^te by the governing body of the city.
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.W
(g) To inspect the books of the grantee at all reason-
able times and to prescribe reasonable rules and regulations con-
cerning the method of keeping such records by the grantee.
(h) To make such other rules and regulations as may be
reasonably necessary to facilitate the service to be rendered to
the public under this franchise.
SECTION 6: TAXI STANDS.
1. Vehicles operated under the terms of this franchise
shall_ be known as "public service vehicles ", and permits may be
issued to grantee allowing any such vehicles which awaiting em-
ployment to stand at certain cesignated places upon the streets
of the city. Additional locations may be granted by the govern-
ing body of the city upon application being filed. The issuance
of such permit or permits shall. remain in the absolute discretion
of the governing body of the city, who shall determine the public
interest in the establishment of such stand or stands as petitioned
for, as well as the number of vehicles which may be authorized to
occupy the same at any one time, together with such other reason-
able regulations thereof as the governing body may deem proper.
No such stand shall ever be used so as to interfere with proper in-
gress or egress to abutting private property or the r,aovement of
traffic upon the streets.
2. The stands so authorized shall be subject to control
of the Police Department and subject to change at the will of the
governing body of the city.
3. Each such stand shall be marked and properly desig-
nated under the supervision of the Chief of Police and, insofar as
it is practicable, shall be located by the Police Department in
such manner as to permit.the use of present established loading
and unloading zones.
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SECTION 7: PAUTENT OF TAXES.
The grantee shall promptly pay all ad valorem taxes and
such other levies and assessments, if any, that may be lawfully
imposed upon it by the City Council.
SECTION 8: OPERATION OF FRANCHISE.
1. In the performance of its duties and privileges un-
der this grant, the grantee may provide for the conduct of such
taxicab service by operating the same through divisions or units,
under trade names or trade marks or through operating companies,
provided each such operation shall first be approved by the govern-
ing body of the city, by resolution or ordinance duly adopted, and
provided further that no such operation shall diminish the obli-
gation of the grantee hereunder or the revenue accruing to the city
under this grant.
2. No assignment or sub -lease of this grant shall ever
be made without the consent of the governing body of the city, evi-
denced by resolution or ordinance duly passed.
SECTION 9: FORFEITURE.
1. By the acceyitance of this grant, the grantee express-
ly agrees that either the governing body of the city or the grantee
may crncel this franchise for any reason deemed adequate by the can-
celling party upon sixty (60) days notice to the other party.
2. Each and all of the covenants, obligations and dut-
ies herein imposed upon the grantee are expressly declared to be
material covenants and obligations, the breach of any of which
shall work a forfeiture of this franchise, at the election of the
city.
3. Should this franchise be terminated by the act of
the City Council or by reason of the failure of the grantee to per-
form the obligations and covenants herein imposed upon it, this
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grant, as well as any property rights,
other public property shall thereupon,
compensation to grantee, be and become
and all rights of the grantee therein
further force and effect.
SECTION 10: SAVINGS CLAUSE.
Should it be determined that
if any, in the streets and
without other or further
the property of the city
shall cease and be of no
any clause, condition or
covenant of this franchise is for any reason, illegal or unrea-
sonable, such clause, condition or covenant shall be destroyed,
and the elimination of the same shall not affect the remaining
clauses, conditions Qr covenants of this franchise.
SECTION 11: EFFECTIVE DhTE.
This ordinance shall be effective from and after its
passage and approval, but shall not take effect unless within ten
(10) days after its passage and approval the grantee herein shall
file tivith the City Secretary, in writing, the acceptance of all of
the terms and provisions of this grant, and shall have complied
with or made arrangements to comply with Section 4 hereof.
The above and foregoing ordinance was duly passed and
approved this the Yxot'eay of August, 19494
I
h1AYOR
ATTEST -
CITY SECRETARY
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