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1734 , S ~~ ORDINANCE N0. - i~ AN ORDINANCE GRANTING TO WEST MEMPHIS TRANSPORTATION COMPANY A FRANCHISE FOR THE CONSTRUCTION, M~~INTEN~~TCE l,ND OPERATION OF A PASSENGER BUS SERVICE OVER 11ND 1',LONG THE STREETS 1~ND PUBLIC WAYS OF THE CITY OF WEST MEMPHIS, ARK ^~NSl:S, FIXING 1. PRIVILEGE TI`~3C ~iEREFOR, PROVIDING PENI,I,TIES FOR THE VIOL1~TION THEREOF l~ND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, t1RK~".NS.~S .:SECTION 1. That for the purpose of constructing, operating, a.~d maintaining a passenger bus service and system within the corporate limits of West Memphis, Arkar..sas; the City Council of the City o1" West Memphis, he re~nafter referred to as the City, does hereby grant unto the West Memphis Transportation Company, hereinafter referred to as th© Compar_y, and unto its successors and assigns, upon the terms and conditions hereinafter set forth for a period of Twenty (20) years beginning on the 1st day of October, 1949 and ending on the 30t`_1 day of September, 1969, the exclusive right to construct, maintain, and operate a bus system and service for the transportation of passengers for hire over and upon t+1e streets and public ways of the City of West Memphis as they now be, or may hereafter exist within the present boundaries of said CiL'-y, and any extensions thereof during the term of this franchise. SECTION 2. That the rights rnd privileges above granted are subject to and are expressly granted upon the following conditions and stipulations, to-wit; 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 ordinr~nee fil© its acceptance of the terms and conditions of said ordinance in writing with the City Clerk of said City, said acceptance to be tintered of record in the records of minutes of said City. SECTION 4. Th© Company shall within ten days after the acceptance of the terms rind conditions of said ordinance as aforesaid file with the City Clerk an original or certified copy of a policy of liability insurance, isau©d by some rQputab le insurance company, acceptable to said City, which insurance company is authorized to do business in the State of srkansas, insuring said Company against public li~.bility and prop©rty damag© in not lass than the following amounts: Public Liability: 5,000.00 to any one person and 25, 000.00 mctxirmxm to a.11 pore eras 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 eras of the conditions of this franchise that said insurance bo kept in force at all times during the terra of this franchise or any ren©wal hereof as heroin provided, SECTION 5. The Company agrQas to begin operation of said bus syst©m not later than thirty drays from its acc©ptnnco ..- ordinanc©, and to provide rand maintain proper, dent equipment, instrum©ntalitf.©s and service the life of this franchise and ordinance so as health, comfort, and convenionao of the public employ©es of said Company., of the terms of this adequate anti effi- at all times during to sexwe the safety, and also the ~+~, w SECTION 6, That for the privilege of operating said buses on the streets of the City the Company agrees to pay a sum equal to Ona (l~) per cent of all the fares collected on the entire operation of the West Memphis Transportation Company for a period of the first Ten (10) years, and in no ovc~nt shall the payments be less than SeventyFive (75.00) Dollars por month during the said period. During the second Ten (10) years the Company shall pay to the City a sum equal to Two (2~) per cent of all the fares collected on the entire operation of the West Memphis Transportation Company iri no avant shall the payments bo less thaan Ono Hundred (~ 'Dollars par month, and the Company shall hav© the right to renew this franchise for an additional Ton (10} years at a sum to be agr- """eed upon b©tw©en the City and the Company. SECTION 7. Th© Company shall have th4 right and power during the term of this franchise to fix, charg©, and Coll©ct r©asonable tees for the service r©ndored by it to the public, provided however,, that before such right and power shall b© exercised, it shall file with the City Clerk of said City a schedule of foes, 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 Affect. But before the schedule of fees fares, or ch erg©s to bo collected by said Company together wi~h the rules and regulations governing the operation of said business go into effect the same shall b© subject to approval by said City and said City r©sorvos the right to approve or re~eet the same in whole or in part and may, if it so elects, to have and conduct public hearings with respect there to, provided, however, that the Company shall have the right to charge a minimum fare of Tan Cents within - the City, The Company shall file alike schedule thirty days in advance of any ehang©s~which it proposes to put into effect as to foes rates, charges, rules or regulations and said City reserves the right to pass upon the re asonablen©ss of any proposed charges and to approve or reject the same in whol© or in part and may, if it so elects, to havQ and ndu ~ ~lic ~_arings tivith res~ct thereto befor© passing on such °~`~ ; d no such ra ©s, erns, oes, charges, rules or regulations, amendments, alterations or changes thereof shall aver b© put into offset until the same shall first have been approved by said City. SECTION 8. Upon the acceptanc© of this franchise the Company shall w~.thin ninety days, fil© with the City Clerk for approval or re~ec- tion by the City its proposed route, schedule, and the mean©r of operation of said buses and the City retains the right to have Public hearings upon any proposed route and schedule or change thereof, and to ro~Qet the soma in whole or in part; and, if a schedule acceptable to th© City is not proposed, the City retains the right to fix, on its own motions a schedule that it thinks should b© adapted to th© uses and needs of said City and the traveling public thereof, and if said schodulo is not adopt©d and used by said Company th© franchise shall bo forfeited forthwith, Thereafter the Company shall filQ alike schedule thirty days in advance of any changes which it propos©s to put into ©ffoct as to routes, sehodules or other Chang©s in the mannor of operation of said bus©s and said City reserves the right to pass upon the re asonablenesa of any proposed changes and to approve or r©~©et ,, the same in whole or in part and may, if it so el©eta, to hav© and conduct public hearings with r©sp©ct thorn to before passing on sash Changes and no such changes of routes and sch©dul© shall bo effoe~ ties until the earns shall first hav© beon approved by said City. The City mays at its option, tivaivo the thirty day waiting period her©in provided for+ -3• 3ECTi0N 9. Said City either upon complaint or its own motion shall, upon first giving reasonable notices and after a public h©aring, have the powor to t ~ a) Fix dust, re asonablo and sufficient rates to bd thereafter charged by said Company for the s©rvices it rend©ra, but in no Event shall a fes4 bo less than Ten Cents. {b) To determine what is reasonable, cafe, adequ~.to, and sufficient sorvicQ to ba rand©red and furnished by said Company and to fix the sam© upon its own motion ~ by a proper r©solution of City Council. SECTION l0. The City r©sorves th© 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 b© occasioned by such changes or whonevor a change or altoratian is made the said Company, shall at its own expense, conform and ad3ust its routoa and schedules to comply with the now arrangement or asst©m of street or a~roets. SECTION 11. The Company shall keep and maintain during th© continur~nco of its franchise its rolling stock, oquipm©nt, and motive powor in good condition and at all times maintain a first class system and service. SECTION 12, Tho Company shall have the right during the contin- uaneo of this franchise to furnish and collect th© approved charge for the transportation of p assengc~rs; and for the purpos©s of giving a continuous ride, the said Company shall give transfer tickets which will ©nablo passengers at all times during the operation of the said buses, to obtain for the payment of ono far©; as heroin provided, a continuous ono-way passage on any of its routes 3.n said City limits; as heroin fixed or may bo herein- after fixed, provided that thr~ Company may make such rules or ~ regulations in regard to transfers ns to limit the time in which 1 they are to bo us©d, so that thQy may bo available only for the first connecting car or bus, and ~.s to any other matters necessary to Protect the Company from imposition z~nd abuse of said transfers; provided further that all children not over the age of five years, when accompanied by afaro-paying passongor shall bo perm3.tt©d to ride Eros,. SECTION 13. Th© Company shall not permit or allow any person or persons to operate a bus or buses until said driver hr~s passed a satisfactory driving test, has bQen given instructions in safety precautions, and first aid. The Chief of Polic© of said City is hereby designated to Coat the driving ability of any proposed drivors c3,nd until said drivors are doomed by th© Chief of Police to bQ qualified to operate n bus such person or persons shall not b© permitted to driv© or operate snid buses. ECTION 14. Said buses shall b© equipped with two doors for passengers to gat on or off the said buses, and also hnvo a third door far orlorgoncias. SECTION 15. The City reserves the right to designate whore regular bus stops are to bo riado. ''°' SECTION l6. The Company shall begin to operatQ its buses not ~°` later than 5;30 A.Ni. and shall continue to oporat© the srame until gn' 11x00 P.M. on each day during the continuance of this franchise. ' The Company, at any times, for the convent©nc© of the traveling ~" Publics shall hnvo the right to integrate its routoa. •~ -5• SECTION 23, If any section, santonc©r phrase or word of this ordinance shall be dealarod unconstitutional, than so mush of th® said ordinance shall remain in full foroa and offoat as may be constitutional. SECTION 24. It is found and daclarad that th© City of West Memphis is without adequate transportation facilities and that a large number of inhabitants of said City are in no©d of the s©rviae proposed to ba provided by this ordinanc4; that the 1dAk of such transportation facilities has and is creating a situation that greatly affects the peacQ, h©alth, happiness, and aonv©nienae of the inhabitants of the City of 4Y©st Memphis by reason of all of which an om©rgoncy is found to ©x3.st nr~.d so d©alarod to exist and this ordinance shall bo in full force and ©ffQat from rind after its passage and approval. SECTION 25. All ordinranc©s or parts of ordinances in conflict hereof arc her©by repeal©d. APPROVED ATTF~.ST 7 r~._ ~ ~ ~~_d ~49t ~L~w SECTION 17. The said Comp any shall operate over the scheduled routes of said Gity at all tim©s and shall provide suitable ventilation on said buse8 in the summor months and provide suit able heating facilities on said buses during the winter months. SECTION 18. The Company shall keep and maintain a correct set of books, showing the daily receipts from faros and shall file with the City Clerk on or before the 15th day of oath month a sworn statement showing the gross farQa collected for the pro ceding month, and the City shall at all times have the right to make a eomplet© examination of the books and accounts of said Company ~"'""'~and such examination may bQ made by agent, attorney, accountant or any other person designated by said City. SECTION 19. It is expressly agr©ed and understood that it is a condition precedent to the acceptance of this grant that the said Company shall oporaty and maintain a complete bus systor~ ovQr the streets of tilfest Memphis and oporat® its ©ntire system as heroin provided and shall not b© permitt©d to abandon any street, streets, or parts thereof or cease to oporat© over said street, str©ets, or party thereof without the permission of the City Council and their failure to comply with this franchise shall bQ sufficient grounds for the said City to doalare this franchise forfeited, SECTION 20. If the said Company violates or fails to comply with any of the terms and conditions hereof or any lawful order or decision of the City Council it shall be deemed guilty of a misdeameanor and upon conviction thereof shall be fined not less than Ten 010.00) Dollars or more than Fivo Hundred 0500.00) Dollars and each day that said Company fails to comply with said ardors or~deaisians of the City Council or the provisions of this ordinanae~ shall b© deemed a separate offense and shall be punish• ably aaaordingly and each such act shall be deemed to b© a separate offorise and upon such failure or refusal to comply with this franchisQ or the orders of said City or any decision thereof shall be grounds for the immediat© revocation of this franchise, provided, however, the said Company shall bo entitled to a h©aring, after reasonable notice, before sa3.d franahis© may be revoked. SECTION 21. In eonsideratian of the granting of this franchise the City of VYost Memphis roservQS an option to purchase only that portion of the said Company aonf fined within the boundaries of the City of 611est b4omphis and shall in no way apply to the inter-ait~ buses oporat©d by the said Company, 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. ~ The fair valuation to be determined by thro® competent appraisers, one to be salectad by the City, and one by th© Company and the third to be selected by the two heretofore provided for, to sat ae appraisers for said rolling stook. In the ©vent nn agr©ement can not be reach©d~, which is satisfr~etory to the City and/or to the Company, then the value shall b© determined by doduatinp, 101 per yoar or fraction GC ereof from the invoice pric© of said rolling stock, SECTION 22. The City horaby agrees to maintain and kQep al - streets traversed by the busses of the Company in n ~°'" ilure of the City to keep said streets in ct hen the Company shall hav~3 t o ri ht to ~ A ~b"~2i said routes. ~ .t.~~.~+-~~c..+ "~ ~~ 'C.t..K..~' ~' ~! ~I'f ~ ~""`