Loading...
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 ~' ~' ~~ ~.