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133 ~~ ~ , ~. ~.., 4. ~- ,_.,, AN ORDINANCE GRANTING TO WEST MEMPHIS TRANSPORTATION COMPANY, , A FRANCHISE FOR T$E CONSTRUCTION, MAINTENANCE AND OPERATION OF A PASSENGER BUS SERVICE OVER AND ALONG THE STREETS AND ~'~UBLIC WAYS OF THE CITY OF WEST MEMPHIS, ARKANSAS, FIXING A PRIVILEGE TAR THEREFOR, PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND FOR OTHER? PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS; . Section 1. That for the. purpose of constructing operating, and maintaining a passenger bus service acid system within the corporate limits of the City of West Memphis, Arkansas, the City Council of the City of West Memphis, hereinafter referred to as the City, does hereby grant unto the West Memphis Trans- portation Company, herei~,fter referred to as the Company, aid unto its successors and assigns, upon the terms and conditions hereinafter set forth for a period oP ten years from the date of the acceptance of the terms of this ordinance., the exclusive right to oogstruct, maintain, and operate a bus system and ser- vice for the transporting of passengers for hire over and upon the streets and public ways of saidk City as they now do or may hereafter exist, within the present boundaries of said City and any extensions thereof, during the term of this franchise. Section 2. That the rights and privileges above granted are a~tb~ect to and are expr®ssly granted upon the fo~aowing conditions, and sti,~ulatione_:.. tQ-~-t: _ _,_ ... _ _._~ Section 3. This ordinance shall not become effective or operative unless the said Company shall within ten days from the date of the adoption and passage of this ordinance file its acceptance of the terms and conditions of said ordinance in writing with the City Clerk of said City, said acceptance to be entered of record in the records of minutes of said City. Section ~F. The Company shall within tom; days after the acceptance of the terms and conditions of said ordinance as aforesaid, file with the City .Clerk an original or certified copy of a policy of liability insurance, issaed by some repu- tab~e insurance company, acceptable to said City, which insur- ance company is authorized to do business in the State of Ark- ansas, insuring said Company against public liability and prop damage:in not less than the following amounts: PUBLIC LIABI LITY: 5,000.00 to any one person and 75,000.00 maximum to all persons in3ured in one accident;; PROPERTY DAMAGE: $5,000.00 for each accident. Said public liability insurance shall cover liability for injury to both passengers and the general public and property damage and it is one of the conditions of this Franchise that said insurance be kept in force at all times during the term of this Franchise or any renewal hereof as herein provided. Section 5. The Company agrees to begin operation of said bus system and business not liter than thirty days from its acceptance of the terms of tb~a ordinance, and to`provide and maintain proper, adequate, and, efficient equipment, instrumen- talities and service s:t alb. times during the life of this Fran- chise and ordina~e so as to serve the safety, health, comport, and convenienoe of the public and also the employees of said Company. w -. ~~.._...____. s •: Seotion 6. During the first year the company shall pay to the t3ity of ~F®st Memphis the sum of 1 (vne) per oentum of the gross reoeipts; daring the 2nd {seoond) year 2 (two) per centum; during the 3rd (third) '`` ~.,~ ~~ 3 {thre®) per cetrtum; during the 4th {f~) mar 4 (forager oentum; dtaring the 5th {fifth) year 5 (five) per: oentum;, wring. a gth (sixth) M dear 6 ( six) per aentw~n; during th® ?th {,seventh} yeax- ? ( se~~t) p®r oent ' ,~. wring the 8th (eighth.) year 8 (eight) per oeatuaa.; ddrixag the'.. 9th ( ninth) ~, ~~,,, -<'at' 9 (nine) per centtmt; amd dtat~ir~g the 14th {tenth) year 10 (ten) per ' '~ ,' centum of the gross reesip~s from the operation of said bus system. The ,fiar~tt oP su©h payments '~a be made on or before-the 15th day of Maroh, 194? azld on or before the l5th day of eaoh succeeding month during the term of this franchise. ;~:~: ~ .r° -;M1~ .;, ~: r.~~~~ Section 7. The Company shall have the right and power- 4 during the term of this franchise to fix, charge, and collect; reasonable fees for the services rendered by it to the public, ~~. provided, however, that before such right and power shall. be exercised, it shall file with the City Clerk of said City a schedule of fees, fares, or charges to be charged and collected by it together with all rules and regulations governing the operation of said business, which it proposes to put into effect. But before the schedule of fees, fares, or charges to be collected by said Company together with the rules and. regulations governing the operation of said business go into effect the same shall be subject to approval by said City and said City reserves the rigs approve or reject the came in whole or in part and may, if it so elects, to have ahd conduct public hearings with respect thereto. The Compe~ty shall file a like schedule sixty days in advance of any changes which it proposes to put into effect as . to fees,- rates, charges, rules or relations and said City reserves the right to pass upon the reasonableness of any proposed changes and to approve or reject the same in whole or in part and may, if it so elects, to have and conduct public hearings with respect thereto before passimtg on such changes; and ,~,~ no such rates, fares, fees, ..charges, rules or regulations, amendments, alterations or changes thereof shall ever: be put ' - - into eY'fect until the .same shall first have been apprroved by acid. City. - ... _ Section 8. IIpon the acceptance of this fraanchise tits Company shall within ninety days, file with the Cit~'.~~~ for i approval or rejection by the City its proposed route, s~che~vle, and time table and the manner o#',,, operation of. said -buses`::, and the City retains the right to Yule public hearings upon any proposed route, schedule, and time table;` or change thereof, and to reject the same in whole'°or in part; and, if a schedule and time table acceptable to the City is'not proposed, the City retains the right to fix, on its awn motion, a schedule and time table that it thinks would be adapted to the used and seeds of said City and the traveling public thereof, and if said _ _ schedule is not adopted and used by said Company the franchise shall be forfeited forthwith, Thereafter the Company shall file a like schedule sixty ~ days in advance of any changes which it proposes to put into ~ ef`fect as to routes, schedules, time table, or other Chang®s~n the manner of operation of said buses and said City reaerve~a the right to pass upon the reasonableness of any proposed cp4anges .~, ,~~ -- axid to approve or reject the same in whole qr in part and ms~y, if it so elects, to have and oonduct public hearings~xith res . „~~;.' pect thereto before pas~j,mg on such changes'$nd no such. changes. ~~~ of routes, schedule,"or time table shall be effective until the y.~.= same shall first-have been approved by said City. The City mad,, at its option, waive the sixty dad waiting period herein provided, for.. Section 9. Said City either upon complaint or its own motion shall, upon first giving reasonable notice, and after a public hearing, have the power to; , -3- a _~ (a) Fix dust, reasonable, and sufficient rates to ,~~. .be thereafter charged by said Company for the.. services which it renders, (b) To determine what is reasonable, safe, ade- quate, and sufficient service to be rendered and furnished by said Company and to fix the same upon its own motion by a proper reso- lution of the City Council. Section 10. The City reserves the right to make any changes in any and all streets or the grades thereof whenever it sees fit to do so and shall. not be liable to said Company Por any damages or losses to said Company that may be occasioned by such changes and whenever a change or alteration is~made the said Company, shall at its own expense, conform and adjust its routes, schedules, and time tabbe to comply with the new arrange- ment or system of street or streets. Section 11. The Company shall keep and maintain during the continuance of its franchise its rollong stock, ~~uipment, and motive power in good condition and at all times maintain a first class system and service, Section 12, The company shall confine itself exclusively to the carriage of passengers except that it may carry freight for its own use. Section 13, The Company shall have the right during the continuance of this franchise to furnishF~and collect the approved ~l~iia.rge for the transportation of passengers; and for the purpose `. of giving a continous ride, the said Company shall give transfer tickets which will enable passengers at all times during the operation of the said buses, to obtain for the. payment of one fare; as herein provided, a continous one-way passe a on any of its routes in said City limits; as herein fixed or ~ be here- inafter fixed, provided that the Company may make such rules or regulations in regard to transfers as to limit the time in ~ which they are to be used, so that they may be availabl® only for the first connecting car or bus,' and as to any other wafters necessary to protect the Company from imposition and abuse of said transfers; provided further the.t all children not over the age of five years, when acco~panied try a fare-paying passenge shall be permitted to ride free: Section 1~+. The Compan~r„~sba11 not permit or allow any person or persons to operate a bus or buses until said driver has passed a satisfactory driving test, has been given instruct- ions in safetq precautions, and first aid. The Chief of Police of said City is lereby designated to test the driving ability of any.proposed_ drivers and until said drivers ar.d d®emed by the Chief of Police to be qualified to operate a bus such person or persons shall not be permitted to drive or operate said buses. Section l5, Said buses. shall be`equipped with twa exits, one of which shall be at the right front side. ~ Section 16. The City reserves the right to designate wheY'e^bus stops are to be made. Section 17. The Company shall. begin to operate its buses not later than 5:30 A.M, and shall continue to operate the same until 11:00 P.M. on each day during the continuance of this franchise. Snch schedule shall be maintained during the contin- uance of this franchise and said buses shall be run at intervals not to exceed thrity minutes apart, Section 18. The said Company shall operate over the scheduled routes of said City at all times and shall provide _~ `~~', ~, ;~ . -`~ r suitable ventilation on provide suitable heating winter months. -~- said buses in the summer months and facilities on said buses during the Section lg. The Company shall keep and maintain a correct set of books showing the daily receipts from all sources and shall file with the City Clerk on or before the' 15th day of each month a sworn statement showing the gross receipts for the preceding month, and the City shall at all times have the right to make a complete examination of the books and accounts of said Company and such examination may be made by agait, attorney, accountant, or any other person designated by said City.. Section 20. It is expressly agreed and understood that it is a condition precedent to .the acceptance of this grant that the said Company shall operate and maintain a complete bus system over the streets of West Memphis and operate its entire system as herein provided and shall not be permitted to abandon any street, streets, or parts thereof or cease to operate over said street,,;. streets, or parts thereof without the permission of the City Council and their failure to comply with this fran- chise shall be sufficient grounds for the said City to declare this franchise forfeited. Section 21. If the said Company violates or fails to comply with any of the terms and conditions hereof or of any lawful order or decision of the City Council it shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Ten ($10.00) Dollars nor more than. Five Hundred ($500.00) Dollars and each day that said Company Pails to comply with said orders or decisions of the City Council or the provisions of this ordinance shall be deemed a separate offense and shall be punishable accordingly and each such act shall be deemed to be a separate offense and upon such failure or refusal to comply with this franchise or the orders of said City or any ,'decision thereof shall be grounds for the immediate revocation of this franchise, provided, however; the said Company shall be entitled to a hearing, after reason- able notice, before said franchise i~ay be revoked. Section 22. In consideration of the granting. of this franchise the City of West Memphis reserves an option to pur- chase and take-over said Company at any time upon the payment to said Company, its successors, or assigns, the fair valuation of said rolling stock of said Company, based upon the costs of replacement, and disregarding any valuetn be attached to said franchise. The fair valuation to be determined by three competent appraisers, one to be selected by the City, one by the Company, and the third to be selected by the two heretofore provided for, to act as appraisers for said rolling stock. In the event an agreement can not be reached, which is satisfactory to the City and/or to the Company, then the value shall be determined by deducting 20,E per year or fraction thereof from the invoice price of said rolling stock. Section 23. If any section, sentence, phrase or word of this ordinance shall be decla red unconstitutional, then so'inuch of the said ordinance as may be constitutional shall remain in full farce and effect, Section 2~F, It is found and declared that the City of West Memphis is without adequate transportation facilities and that a large number of inhabitants of said City ~ in need of the service proposed to be provided by this ordinance; thatthe lack of such transportation facilities has and is creating a situation that greatly affects the peace, health, happiness, and -5- .~ S ~, convenience of the inhabitants of the City of West Memphis by reason of all of which an emergency is found to exist and so declared to exist and this ordinance shall be in full force -and effect from and after its passage and approval. , ~ ~`. • APPROVED: ~_.J ~ "y ~-~'~'`-'~~ N~ayor ~, . i ~ e ~ ~ , ~, .ip '~- I""~rw1~~ z 5 ~~ iG~ LvQ ~ ~ ~---- ,~~ 4 t 1r.1~~/ j % /<'~~ ~l/ may.. 7 ~ ~ ~,~ .. 4 •~ ~~ I '{/~ ~' f ,.. ~,,,{.. a, ~'t ~' f ,' ~' ~ '`1 ~^~ d , °~ ~