163i
ORDINANCE N0. 1~
AN ORDINANCE GRANTING TO WEST MEMPHIS TRANSPORTATION COMPANY A
FRANCHISE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A
PASSENGER BUS SERVICE OVER AND ALONG THE STREETS AND PUBLIC WAYS
OF THE CITY OF VEST MEMPHIS, ARKANSAS, FI%ING A PRIVILEGE TALC
THEREFOR, PROVIDING PENALTIES FOR THE VIOLATIOrJ THERFAF AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE, CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSASs
SECTION 1. That for the purpose of constructing, operating,
and maintaining a passenger bus service and system within the
corporate limits 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 Transportation
Company hereinafter referred to as the Company, and unto its
successors and assigns, upon the terms and conditions herein-
after set forth for a period of ninety (90) dyas beginning on
April 21, 191i9, and ending on July 21, 19l~9, the exclusive
right to construct, maa.ntain, and operate a bus system and
and service for the transportation of passengers for hire
over and upon the streets and public ways of the City of
West Memphis as they now be, 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
subject to and are expressly granted upon the following
conditions and stipulations, to-wits
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 !~. The Company shall within ten days after the
acceptance of the terms and conditions of said ordinance
as aforesaid, Pile with the City Clerk an original or
certified copy of a policy of liability insurance, issued
by some reputable insurance company, acceptable to said
City, which insurance company is authorized to do business
in the State of Arkansas, insuring said Company against
public liability and property damage in not less than the
following amounts=
Public Liabilitys X5,000.00 to any one person and
X25,000.00 maximum to all persons
injured in one accident;
Property Damage: X5,000.00 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 not later than thirty days from its acceptance of the
terms of this ordinance, and to provide and maintain proper,
adequate, and efficient equipment, instrumentalities and
service at all times during the life of this Franchise and
ordinance so as to serve the safety, health, comfort, and
convenience of the public and also the employees of said
Company.
SECTION b. During the first year the company shall pay to the
City of hest Memphis the sum of 1 (one) per centum of the gross
~ receipts; during the 2nd (second) year 2 (two) per centum; during
the Ord (third) year 3 (three) per centum; during the 1~th (fourth)
~, year !~ (four) per centum; during the 5th (fifth) year 5 (.five)
per centum; during the bth (sixth) year 6 (six) per centum; during
the 7th (seventh) year 7 (seven) per centum; during the 8th (eighth)
year 8 (eight) per centum; durin the 9th (ninth) year 9 mine)
per centum; and during the 10th tenth) year 10 (ten) per centum
of the gross receipts from the operation of said bus system. The
first. of such payments to be made on or before the 15th day of
March, 1947, and on or before the 15th day of each succeeding
month during the terms of this franchise.
SECTION ?. The Company shall have the right and power 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. ~;u.t 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 right 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.
The Company shall file a like schedule thirty days in advance
of any changes which it proposes to put into effect as to fees,
rates, charges, rules or regulations and said City reserves the
right to pass upon the reasonableness of any proposed changes and
to approve or re3ect the same in whole or in part and may, if it
so elects, to have and conduct public hearings with respect thereto
before passing on such changes; and no such rates, fares, fees,
charges, rules or regulations, amendments, alterations or changes
thereof shall ever be put into effect until the same shall first
A have been approved by said City.
SECTION 8. Upon the acceptance of this franchise the Company
shall within ninety days, fiYle with the City Clerk for approval or
re3ection by the City its proposed route, schedule, and time table
and the manner of operation of said buses and the City retains the
right to have 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
own motion, a schedule and time table that it thinks should be
adapted to the uses and needs 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 thirty days
in advance of any 'changes which it proposes to put into effect as
to routes, schedules, time table, or other changes in the manner of
operation of said buses and said City reserves the right to pass
upon the reasonableness of any proposed changes and to approve or
re3ect the same in whole or in part and may, if it so elects, to
have and conduct public hearings with respect thereto before passing
on such changes and no such changes of routes, schedule, or time
table shall be effective until the same shall first have been
` approved by said City. The City may, at its option, waive the
tpprty day 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 tos
Via) Fix 3ust, reasonable, and sufficient rates to be
thereafter charged by said Company for the services
it renders.
(b) To determine what is reasonable, safe, adequate,
and sufficient service to be rendered and furnished
~; by said Company and to fix the same upon its own
4 motion by a proper resolution of City Council.
~"' SECTION 10. The City reserves the right to make any changes in
any and all streets or the grades therefor whenever it sees fit
to do so and shall not be liable to said Company for 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 ad3ust its routes, schedules,
and time table to comply with the new arran~nent or system of street
or streets.
SECTION 11. The Company shall keep and maintain during the
continuance of its franchise its rolling stock, equipment, and
motive power in good condtion 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 continu-
ance of this franchise to furnish and cone ct the approved charge
for the transportation of passengers; and for the purpose of giving
a continuous 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 continuous one-way passage on any of its routes in said
City limits; as herein fixed or may be hereinafter 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 available only for the first connecting car or
bus, and as to any other matters necessary to protect the Company
from imposition and abuse of said transfers; provided further that
all children not over the age of $~ue years, when accompanied by a
fare-paying passenger shall be permitted to ride free.
SECTION 11t. The Company shall 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 instructions in safety
precautions, and first aid. The Chief of Police of said City is
hereby designated to test the driving ability of any proposed
drivers and until said drivers are deemed 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 15. Said buses shall be equipped with two doors for
passengers to get on or off the said buses, and also have a
third door for emergencies.
,,,,e SECTION 16. The City reserves the right to designate where
regular 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.
Such schedule shall be maintained during the continuance of this
franchise and said buses shall be run at intervals not to exceed
thirty minutes apart.
SECTION 18. ~'he said Company shall operate over the scheduled
routes of said City at all times and shall provide suitable
ventilation on said buses in the summer months and provide suit-~
able heating facilities on said buses during the winter months.
SECTION 19. 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 agent, attorney, accountant,
or any other person ded.gnated 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 ti~est 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 .franchise 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 010.00) Dollars nor more than Five Hundred 0500.00)
Dollars and each day that said Company fail 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 ftrr` the immediate revocation of this franchise,
provided, however, the said Company shall be entitled to a hearing,
after reasonable notice, before said franchise may be revoked.
SECTION 22. In consideration of the granting of this franchise the
City of West Memphis reserves an option to purchase 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 value to be attached to said franchise. rihe 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~ per year or fraction thereof from the
invoice price of said rolling stock.
SECTION 23. provided, however, if this ordinance shall be fully
'` complied with in all its terms the Company shall be granted the
privilege of continuing under this ordinance until March !~, 1957;
provided further that the anniversary for computing the payments
hereunder shall be computed as of March 5, 1917.
SECTION 211. If any section, sentence, phrase or word of this
ordinance shall be declared unconstitutional, then so much of the
said ordinance as may be constitutional shall remain in full force
and effect.
SECTION 25. 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 are in need of the service
r
i `°
SECTION 25. (CONTINUID) -proposed to be provided by this ordinance;
that the lack of such transportation facilities has and is creating
a situation that greatly affects the peace, health, happiness, and
convenience of the inhabitants of the City of lest 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• _~ _
YO
ATTEST:
~` ~F
PASSED: AF~?IL 21, 1919
~'
~'
~~
~.