ORDINANCE NO. 2014-1934 ORDINANCE GRANTING A FRANCHISE TO SOUTHERN STYLE CARRIAGE SERVICES FOR TAXI SERVICE WHEREAS, pursuant to Section 220 of the Constitution of Alabama, no entity shall be authorized or permitted to use the streets of the city of Athens for the operation of any private enterprise, without first obtaining the consent of the City of Athens; and WHEREAS, the City Council has determined to grant its consent to the use of its streets for the operation of a taxicab service by Darrell Fuqua, d/b/a Southern Style Carriage Services upon the terms of a franchise agreement as hereinafter provided. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on November 24, 2014 at 5:30 p.m., as follows: Section 1. In consideration of the benefits to accrue to the City of Athens (the City) and the inhabitants thereof, the City, pursuant to Section 220 of the Constitution of Alabama and other applicable law, extends the consent and franchise hereinafter set forth. Section 2. Darrell Fuqua, d/b/a Southern Style Carriage Services (the Franchisee) is hereby granted the City's non-exclusive consent and franchise to use the streets of the City in order to operate a carriage service. As used herein, a carriage service is an unspecialized service offered to transport all citizens in exchange for compensation, and is not for specialized transportation purposes, such as business courier, furniture hauling, medical, or agricultural transport purposes. Section 3. With respect to all of its activities within the City's corporate limits, the Franchisee, its employees and agents shall comply with all federal, state and local laws, as they now exist or are hereafter amended, expressly including but not limited to those concerning the use of the City's streets, as they now exist or may hereafter be amended. Section 4. The Franchisee's exercise of this franchise shall be limited to the Franchisee's travel along the streets of the City through its carriage. Any and all such carriages shall at all times comply with all state and local laws. Section 5. The Franchisee shall hold the City harmless from any liability or damages resulting from any actions taken by the Franchisee or its agents pursuant to this Ordinance, including but not limited to the negligence/misconduct of the Franchisee, its agents or employees, in the operation of its private enterprise. Such indemnification shall be for all damages, costs, and attorney fees. The City shall notify the Franchisee after the presentation to the City Clerk of any written claim for damages, either by suit or otherwise, made against the City on account of any actions of the Franchisee, its agents or employees. This section shall survive the termination of this franchise. Section 6. The consent and franchise hereby granted may not be assigned without the written consent of the City. Section 7. The Franchisee shall pay to the City a franchise fee of $25.00 on or prior to the publication of this Ordinance. Section 8. The Franchisee shall, throughout the term of this franchise, maintain a current business license with the City. Franchisee shall maintain on file with the City an accurate listing of every motor vehicle used by Franchisee in connection with this franchise. Section 9. This Ordinance shall be published by the City Clerk in accordance with the applicable provision of Ala. Code § 11-45-8 (1975). The expense of such publication shall be paid by the Franchisee, according to law. Section 10. The Franchisee shall file a written acceptance of the franchise with the City Clerk within 14 days after the date of this Ordinance. The acceptance shall state that the Franchisee agrees to be bound by and carry out the terms and conditions of this Ordinance. The franchise shall go into effect when the acceptance has been filed, and upon such filing, this Ordinance shall constitute a contract between the City and the Franchisee. Section 11. If any part of this Ordinance shall be held invalid for any reason, such holding shall not invalidate or impair the remainder of it. Franchisee is an independent operator, and is not an agent, contractor, or employee of the City. Franchisee has no authority, express or implied, to act on behalf of or bind the City in any capacity. The City's waiver of any term or breach hereof shall not be considered to be a waiver of any other term or breach, nor of a subsequent breach of the one waived. Section 12. This franchise shall continue in effect for five (5) years from the date it is accepted, or until termination; however, Franchisee may terminate this franchise at any time by written notice to City. No amendment hereto shall be made unless it is authorized by the City Council. Section 13. The City reserves the right to suspend or terminate this franchise and all rights of Franchisee if (i) Franchisee violates any provisions of this Franchise, including the requirement that Franchisee abide by all laws and ordinances, (ii) Franchisee's agents and employees are convicted of any crime of moral turpitude, any DUI offense, or any offense relating to controlled substances, or (iii) whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals. The City Clerk may terminate this franchise where Franchisee has failed to keep in full force any applicable licenses or permits required by federal, state or local law or regulation. Section 14. This Ordinance shall become effective upon adoption, and upon the acceptance set forth in Section 10. ADOPTED this the 24th day of November, 2014. JIMMY W. GILL, CITY COUNCIL PRESIDENT APPROVED this the 24th day of November, 2014. WILLIAM R. MARKS, MAYOR ATTEST: ANNETTE BARNES, CITY CLERK The News Courier January 20, 2015
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