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HomeMy WebLinkAboutOrdinance 0168 ORDINANCE NO. 168 AN ORDINANCE GRANTING FORT WORTH CAB AND BAGGAGE COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE, POWER AND AUTHORITY TO USE THE STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE FOR A PERIOD BEGINNING THE 1ST DAY OF APRIL, 1967, AND ENDING THE 1ST DAY OF APRIL, 19707 PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE GRANTING OF SUCH RIGHT, PRIVILEGE AND AUTHORITY SHALL BE GOVERNED7 AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: SECTION 1. Subject to the conditions and limitations hereinafter set forth, there is hereby granted to Fort Worth Cab and Baggage Com- pany, a corporation, the right, pr,ivilege and authority to use the streets, alleys and public thoroughfares of the City of North Rich- land Hills for the purpose of rendering taxicab service in said City for a period beginning the 1st day of April, 1967, and ending the 1st day of April, 1970. SECTION 2. The principal place of business of said corporation will be the County of Tarrant, Texas, where it will maintain its headquarters. SECTION 3. 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 passengers and mail. SECTION 4. 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 thoro\:lghfares 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 govern- ing body of the City of North Richland Hills to fully exercise its rights or control over said streets, alleys and public thoroughfares. SECTION 5. The Grantee shall be obligated to discharge any claim or judgment against it finally established by law, and the failure of the Grantee to d.ischarge such claim or judgment so established for a period of one hundred and eighty days shall, .ipso facto, work a for- fe.iture of the franchise. SECTION 6. This franchise is granted upon the express condit.ion that it is subject to all of the provisions of Ordinance No. 168 and such other ord.inances as may be passed and adopted by the City Council governing and regulating the operation of taxicabs in the City of North R.ichland H.ills¡ Texas. This franchise is also granted subject to the express provisions of Article 1, Sections 17 and 26 of the Constitution of the State of Texas, and all applicable state laws which are now .in effect or which constitutional provisions¡ laws and charter provisions may hereafter be duly passed and adopted. SECTION 7. 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 days and a proper hearing for any violations of the terms and provisions of this ordinance, any other ordinance or -2- of any statutory or constitutional provisions. SECTION 8. In the performance of its duties and privileges under this franchise, the Grantee may provide for the conduct of such taxicab service by operating the same through divisions or units, under trade names or trademarks, or through operating companies, provided each such operation shall first be approved by the governing body of the City of North Richland Hills by resolution duly adopted, and pro~ v.ided that no such operation shall alter or change the obligation 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. SECTION 9. Within ten days after the passage and adoption of this ordinance, the Grantee herein shall file w.ith the Mayor, in writing, the acceptance of the terms and provisions of this franchise. SECTION 10. The Grantee hereof shall pay unto the City of North Rich- land Hills, Texas, the stipulated annual fee of $125.00, said amount to be paid to the City of North Richland Hills, Texas, commenc.ing on the 1st day of Apr.il, 1967, and a l.ike amount on the 1st day of April of each year dur.ing the term of th.is franchise. SECTION 11. Should it be determined that any clause, condition or cove- nant 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 affect the remaining clauses, condi. tions or covenants of this franchise. -3- SECTION 12. 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 herein set forth. PASSED AND APPROVED this 10 day of April 1967. (l~ ~'l-~J MAYOR OF NORTH RICHLAND HILLS, Fort Worth, Texas 76118 IT' tc~f£-- ACCEPTED: FORT WORTH CAB AND BAGGAGE COMPANY By -4-