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HomeMy WebLinkAboutOrdinance 0374 , ( , ~ I, ) ORDINANCE NO. 374 AN ORDINANCE GRANTING MID-CITIES CHECKER CAB COMPANY THE RIGHT, PRIVILEGE, POWER AND AUTHORITY TO USE THE STREET, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE FOR A PERIOD BEGINNING SEPTEMBER 15, 1971 AND ENDJI\fG SEPTEMBER 15, 1972; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE GRANTING OF SUCH RIGHT, PRIVILEGE AND AUTHORITY SHALL BE GOVERNED; AND DE- CLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I. Subject to the conditions and limitations hereinafter set forth, there is hereby granted to Mid-Cities Checker Cab Company the right, privilege and authority to use the streets, alleys and public thorough- fares of the City of North Richland Hills for the purpose of rendering taxicab service in said City for a period beginning September 15, 1971 and ending September 15, 1972. II. The principal place of business of said company will be the County of Tarrant, Texas, where it will maintain it s headquarters. III. The taxicabs operated and maintained under the terms and provisions of this franchise shall be used for the purpose of the transportation of passengers and the personal luggage of such pas- senger s and mail. IV. The City of North Richland Hills, in granting this franchise, fully retains and reserves all the rights, privileges and immunities that it now has under the law to fully patrol and police the streets, alleys and public thoroughfares within the City, and the granting of this franchise shall in no way interfere with the right of the City fully to use said streets, alleys and public thoroughfares for any other public utility, or shall this franchise in any way interfere with the improvements or maintenance of any other streets, alleys or public thoroughfares, 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 of North Richland Hills to fully exercise its rights or control over said streets, alleys and public thorough- fares. V. The Grantee shall be obligated to discharge any claim or judg- ment against it finally established by law, and the failure of the Gran- tee to discharge such claim or judgment so established for a period of one hundred eighty days (180) shall, ipso facto, work a forfeiture of the franchise. VI. This franchise is granted upon the express condition that it is subject to all of the provisions of this Ordinance No. 374 and such other Ordinances as may be passed and adopted by the City Coun- cil governing and regulating the operation of taxicabs in the City of North Richland Hills, Texas. This franchise is also granted subject to the express provisions of Article 1., Sections 17 and 26 of the Con- stitution of th@ State of Texas, and all applicable State laws which are now in effect or which constitutional provisions, laws and charter pro- visions may hereafter be duly passed and adopted. VII. The City of North Richland Hills specially reserves the right and power to terminate this franchise after due notice given of not less than thirty (30) days and a proper hearing for any violations of the terms and provisions of this Ordinance, any other Ordinance or of any statutory or constitutional provisions. VIII. In the performance of its duties and privileges under this franchise, the Granteee may provide for the conduct of such taxi- cab service by operating the same through divisions or units, under trade names or trademarks, or through operating companies, pro- vided each such operation shall first be approved by the governing body of the City of North Richland Hills by resolution duly adopted, and provided that no such operation shall alter or change the obli- gation of the Grantee hereunder, and provided further that other than as stated herein, no assignment or subletting of this franchise shall ever be made without the consent of the City of North Richland Hills in a resolution duly adopted by the governing body. IX. Within ten (10) days after the passage and adoption of this Ordinance, the Grantee herein shall file with the Mayor, in writing, the acceptance of the terms and provisions of this franchise. X. The Grantee hereof shall pay unto the City of North Richland Hills, Texas, the stipulated annual fee of $150.00, said amount to be paid to the City of North Richland Hills, Texas, commencing on the 15th day of September, 1971. XI. Should it be determined that any clause, condition or covenant of this franchise is for any reason illegal or unenforceable, such clause, condition or covenant shall be disregarded and the existence of the same shall not effect the remaining clauses, conditions or covenants of this franchise. XII. This Ordinance shall take effect and be in full force and effect from and after the date of its passage in accordance with the terms and provisions of this Ordinance. PASSED AND APPROVED this ~ day of September 1971. ATTEST: ~il ETARY ,/ APPROVED AS TO LEGALITY AND FORM: ~~ri;;l:~ LEGAL AFFIDAVIT , . THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appeare~leanor Lewisknown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Le281 Notioe and that he caused said notice to be published in said newspaper on the following date/so 9/22/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News Cá~ ~. Sworn to and subscribed before me, this thel!.ltlday of.2£!.:, 19 7.1.. County , ~'~":;'~~¡.",·I :~.,~'.. ·.·.'i' '" " '. I =~,:g:::~:~~lNG I 1 .. "CH~R CAB COM ,,' THE RIGHT. PIIVILEoE.' POWER AND AU'I'HòRITY TO USE THE -sTREET: ,,' ALLEYS, rAND J,.1¢]1:tÖRQUGI1F AREs ¡ , ."" ;'CJ'rY;:OF NORTH J R " " ",lúLi..8FOR :mE., ¡ , PURPOSE OF TRANSp()RT- ¡. 1N9¡PAS$ENGERSF9R ¡ HIRE FOR A ,PERIOD' QE-i GINNING "SEPTEMBER¡.Ì5. ¡ 1"'- AND ENølNG S . i, ' 81m /l&;t'll;PROV THE rEAMS'AND ~. TI~~ UNDER"WH} i 'INGOl S IÏÂtL ' AND DECLARING AN EF: ¡.~1'IVE,:QATE~" ,: ,'~D rAPPRov~ ' . Is"tfdãy'òrSepfèmber. 19í¡I.; " A YOa MARIØ~ L. MASsEY: TTEST: ' ITY SECREY, , '.' , \' .:.: ,Y',,'" ;"," ....:.:.,.,._. " ."'l..';<'·.:.··.:'.· · ,ALYNR. ' ""," '. , PPROV~ AS rotEGÀLi. "r'.:; , -·''0\.("Y.;: .;þi' ,'i' "1 Form -- 110