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September 15, 1949UV 1lVU 1LJ VL l1lV Ii1lU VU~UVLL uli~1a11~vU v1 la1L V111 ~~Ulv vyu vi ~aa» vi 11 vi rr iv.!• arrlyvaa aly~, n1~lYViY •+n V, ..HAD AkID HELD ON .SEPTEMBER 15, 199. __ _ __ _. I I The Council of the City of ''hest Memphis met in an adjourned session at the City Hall in said City at 8;0o p,M. on the ].5th day of September, 1949. The meeting was called to order by the Mayor and upon the roll being called there were; Presents Mayor P, M, Dacus in the chair, and the following Aldermen: Curtis Foster, A.. R. Manchester, James Bledsoe, C. H, novrtan, R. R, Morley, P, B. Powers, O. I. Eollinger, R, L, Garrison; City attorney J. H. Spears and City Clerk H. 0. Coats. Absents None. The following proceedings were had to-wits Mayor Dacus announced that the meeting eras now open for discussion of matter pertaining to the operation of busses in the City of 1Vest Memphis. The follotiving letter from the Attorney General's office was reads OFFICE OF TIr.S ATTOR^JEY G;.~i~tAL LITTLE ROCK September 13, 1949 Honorable P, M. Dacus Mayor City of +Vest Memphis West Memphis, Arkansas Dear M~ or Dacus s We have your letter of September 6th in which you inquire as to the authority of the municipal corporation to require that interstate busses pick-up and disckv~rge passengers only at the established terminal in such municipal corporations. In this connection you are advised that State, ex eel Latta v. Marianna, 183 Ark. 027, is authority for the proposition that the City Council shall have the control of the streets within the city. You will also note that under Secticn 73-1705 Ark, Stats. 1947, the term "highway" used in the Motor Carrier Act means public roads, highways, streets and ways in the State of Arkansas, Your attention is also directed to 75-lr2b Ark. Stats. 197 in Nhich the cities are given the power to regulate traffic or the standing or parking of vehicles. Under the ~+iotor Carrier Act, of course the interstate busses are under the supervision of the Public Service Commiss:i_on and it is defined that their route is from one fixed terminal to another fixed terminal. ~~e have consulted Mr. Wine of the Public Service Cormnission and he concurs in this opinion. You are therefore advised that it is the opinion of this office that a municipality has authority to regulate traffic in relation to interstate busses upon that portion of the highways within the corporate limits of Nest Memphis. Hoping this answers your question, we are Yours very truly, IKE MURRY AT?t~RNEY GFyVFRAT /S/ JE?F DU TY ASSISTANT ATTC)RNEY GI:,TIERAL ;Eif-SHEiE After discussion of the matter an ordinance entitled "An Ordinance Regulating The Operation of Busses In The City of 1Vest Memphis" v:as introduceiin writing by Alderman Morley, and read in full. Alderman Bledsoe moved that the rule requiring said ordinance to be read iri full on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded by Alderman Manchester, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voteds 'J Ayes Foster, Manchester, Bledsoe, Rowton, Morley, Fowers, Bollin;er, Garrison, Nay: kJone. Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Poster. 31~ Alderman Rowton then moved that said ordinance be now placed upon its final adoption; motion tivas seconded by Alderman Manchester, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Ayet Foster, Manchester, Bledsoe, Rowton, Tiorley, Powers, Boll.in~?er, Garrison. Nayt None. ~~Nhereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Bollinger, who moved its adoption, seconded by ylderman Manchester, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the follotiring voted Ayet Foster, Manchester, Bledsoe, Rowton, Morley, Powers, Bollinger, Garrison. i~ay: iVone. Whereupon the Mayor called to the ~ouncil~s attention that the ordinance, adopted, contained an emerrenrv clause and suggested that specific action should be taken by the Council. on this clause. Yhereupon motion was made by Alderman Morley and duly seconded by Alderman Foster that the emergency clause of said ordinance be adopted, anal the roll bdrr~ called, the following voted= Ay*et Foster, Manchester, Eledsoe, Rowton, L?orley, Powers, Bollinger, Garrison. Nay: None. ~Nhereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 172. Said ordinance to which no amendment was offered read as follows: ORDI?dANCE N0. 172 A~~T ORDIDTANCE RF'GrJLATING THE OPERATION O[' BUSES IN THE CITY OF' 11~'ST ME'fiPHISt BE IT ORP,AIfJr.D BY THF: CITY COUNCIL 0~' THR CITY CF :'TEST T"FA~IT'HIS; Section 1: That public busses operating in and out, of this City, be and they are hereby required to establish depots or stations at their own expense, at designated places ~rithin the City, for the purpose of taking on and discharging passeng^rs. The said depots or stations shall be provided within thirty days after the passage of this ordinance. Section 2: That public busses operating in and out of this City be and they are hereby prohibited from stopping on the streets of the city or using the streets of the city for the purpose of taking on or discharging passen gers, except at the depots or stations to be provided by the individuals, companies or corporations carrying on such business, at certain designated places. Section 3: That before the depots or stations, herein provided for shall be located, the City Engineer must be notified of the desired locations, and it shall then be his duty to inspect said locations, having reference to fire hazards, street traffic and street congestion, and before iss~~ting permits therefor, shall report back to the council his recommendations concerning the locations. Section !at "ny person firm or corporation violating any provision of this ordinance shall be fined upon conviction in any sum not less than Twenty rive 025.00) Dollars and not more than One Hundred 0100.00) Dollars. Section 5t Vdhereas, it is found that busses are discharging and receiving passengers on the streets of ~~est Memphis, and that for the proper traffic control through the City of ~~est Memphis, and. by reason of the fact that mamerous busses are accepting and discharging passengers along the streets of the said City of ~+est Memphis, creating a traffic hazard which greatly affer.ts the peace, health and happiness of the citizens of ',nest Memphis, 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. Mr. E. J, itubens, Mr, Wilbert Thomas, I°~r. ti, i°;. Oliver, and Mx•. C. B. Nance of the jVest Memphis Transportation Campan~ met with the Council for discussion of the Oity gran ting a franchise to the said Company as the 90 day period granted by Ordinance 163 had expired and the Company had obtained new and additional equipment. A report from the committee composed of Mr, r~orley, Mr. Bledsoe, and Mr. Powers, was heard and after discussion of the matter by all present, the following ordinance was introduced in writing and read in full by Alderman Bledsoe; the ordinance was entitled ~~An Ordinance Granting To `rest Memphis Transportation Company =+ r'ranchise For The Construction, Maintenance And Gperati.on Cf A Passenger Bus Servi ce Over And Along the Streets And Public +~ays Of The City Of West ~amphis, ~slcansas, Fixing A Privilege Tax Therefor, Providing penalties Nbr The 'Jiolat•ion Thereof And For Other Purposes~~ Alderman Morley moved that the rule requiring said ordinance to be read in flzll on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded ::y Alderman Manchester, and thereafter tkte Ltayor put the question cn the adoption of said motion, and the rill being called, the following voteds Aye: Foster, Manchester, Bledsoe, Rowton, Morley, Powers, Bollinger, Garrison. Nay: None. l~Itiereupon the Mayor declared the motion duly passed and said. ordinance placed an its second reading. The ordinance was then read the second time by Alderman 1<riorley. Alderman Rowtan then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Pourers, and ai'ter acre consideratian thereof by said Council, the N}ayor put the question on the adoption of the motion, and upon the roll being called, the fallowing voted: Ayes Foster, Manchester, Bledsoe, Rowton, Mor1Ey, powers, Bollinger, Garrison, Nay: None. Vr'hereupon the Mayor declared the matian duly carried and said ordinanr..e placed upon its final reading anct adoption. Said ordinance was read i.n full by t~lderman Foster, who moved i.ts adoption, seconded by Alderman Bollinger, and after due consideration thereat by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted: Ayes Foster, Manchester, Bledsoe, Rowton, Arley, pourers, Bo]1i.nger, Garrison. Nays None. WYrereupon the Mayor called to the Counci.l.s attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. l'Jhereupon motion was made by Alderman Bollinger and duly seconded by alderman Powers that the emergency> clause of said ordinance be adopted, and the roll. being called, the following voted; Ayes Foster, Manchester, Bledsoe, Rowton, Morley, Pourers, Bollinger, Garrison. Nay: bone. ;'!hereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and sit~red his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of iti`est tlemph.is, rrkansas, and to have same published as required by law, and to number said ordinance No. 173. Said ordinance to which no amendment was offered read as follows 31~ i ~ ORDINANCE N0. ]_73 AN ORDIIANCE GRANTING !C? tVEST hlF;niPfiIS TRAPISFORTATICII C01~'PPNY A FRANCHT`'E FOR THE CONSTRUCTICbI, MAINT~IAtJCE AND OFERATIOIJ CF A PASSFT}GER BUS SERVICE OVER AND ALONG THE STREETS ARID PUBLIC WAYS OF TIIE CITY OF 'dJEST P:}EMPNIS, ARKANSAS, FIXITJG A PRIVILu•~~E TAX Tff^RF;FOR, PROVIDING PENALTIES FOR TfIE VIOLATION T?iEREOF' APID FOR OTHER PURPOSES. BE IT ORDAI?JED BY THE CITY a)UNCIL CF TFIE CITY OF WEST f.IF,nq'HIS, ARKANSAS; SrCT10AJ 1. That for the purpose of constructing, operating, and maintaining a passenger bus service and system within the corporate limits of 'Jest Memphis, Arkansas; the City Council of the City of Jest Memphis, hereinafter referred to as the City, does hereby grant unto the Y'Jest 1"~emphis Transportation Company, hereinafter referred to as the Company, and unto its successors and assigns, upon the terms and conditions hereinafter set forth for a period of Twenty (24) years beginning on the 1st day of Cctaber, 191;9 and ending on the 30th day of ?;'eptember, 1969, the exclusive right to construct, maintain, and operate a bus system and service for the transportation of passengers foz• hire over and upon the streets and public ways of the City of YYest 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. SECTICN 2. That the rights and privileges above granted are subject b and are expressly granted upon the follovri.ng conditions and stipulations, to-rrit: SECTICN 3. This ordinance shall not become effective or operative unless the said Company shall wit.hi.n ten days from the date of the adoption and gassage of this ordinance file its aereptance of the terms and conditions of this ordinance in writing with the City Glerk of said City, said acceptance to he entered of record in the records of minutes of said City. SECTION 1~. ;'he Company shall within ten days after the acc~=ptance 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, iesued 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 lia.bil.ity and property damage in not less than the following amounts= rublic Liability X5,000.00 to any one person and '~ ^25,000.00 maximum to all persons injured in one accident; Property Damage: X5,000.00 for eahi accident. Said. public liabi.lit•y insurance shall cover liability for injury to both passen gets 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. SECTICN 5. The company agrees to begin operation of said bus system not later than thirty days from its acceptance of the terms o£ 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. SECTIOiJ 6. That for the privilege o.f operating said busses on the streets of the pity, the Company agrees to pay a sum eqqual to One (1~) per cent of all the fares collected on the entire operation of the Vvest ~emphi.s Transportation Company for a period of the first Ten {10) years, and in no event shall. the payments be less than Seventy-Five ($75.00) Dollars per month during the said period. During the ser_ond 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 l~emnhis 'transportation Company and in no event shall the paymen+s be less than One Hundred Fifty 01[0.00) Dollars per month, and the Company shall have the right to renew this franchise for an additional Ten (10) years at a sum to be agreed upon, between the City and the Company. SECTIOII 7. The Company shall have the right and power during the term of this franchise to fix, charge, and collect, reasonable fees for the service rendered by it to the public, provided, however, that before s~~.ch 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 al] 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 gove*n ing 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, provided, however, that the Company shall have the right to charge a ainimum fare of Ten Cents within the City. 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 reject the same in whole or in part and may, if it so elects, to have and conduct public hearings witYi respect thereto before passing on such changes; and no such rates, fares, fees, charges, rules or regulations, amendments, alterations or changes +,hereof shall ever be put into effect until the same shall first have bean approved by said City. ~~ SECTIOPd 8. upon the acceptance of this franchise the Company shall within ninety days, file with the City Clerk for approval or rejection by the City is proposed route, schedule, and the manner of operation of said buses and the City retains the right tc have Public hearings upon any proposed route and schedule or change thereof, and to reject the =ame in whole or in Dart; and, if a schedule acceptable to the City is not proposed, the City retains the right tc fix, on its own motion, a schedule that it thinks should be adapted to the uses and needs of said. City and the traveling public the reef, 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 pf any changes which it proposes to put into effect as to routes, schedules 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 reject 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 oi' routes and schedule shall be effective until the same shall first have been approved by said City. The City may, at its option, waive the thirty day waiting period herein provided for. SECTIOPI 9. Said City either upon complaint or its own motion shall., upon first. giving reasonable notice, and after a pu.bl.ic hearing, have the power to; (a) Fix just, reasonable and sufficient rates to :e thereafter charged by said Company for the services it renders, but in no event shall a fare be less than Ten gents. (b) To determine v+hat is reasonable, safe, adequate, and sufficient service to be rendered and furnished by said Company and to fix the same upon its own 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 or whenever a change or alteration i_s made the said Company, shall at its own expense, conform and adjust its rcutes and schedules to comply with the new arrangment or system oi' 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 condition and at all times maintain a first class system and service. SEL'TIO,J 12. i'he Company shall have the right during the continuance of this franchise to furnish and collect the approved charge for the transportation o.f passengers; and far the pur?oses of giving a continuous ride, the said Company shall. gi~,.~e 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 on^.-way passage on any of its r~.ites in said City limits; 3s herein fixed or may be hereinafter fixed, provided that tyre Company may make sr:ch rules or regulations in regard to transfers as to limit the time in which they ure to be used, so that they may be available only for the first connecting car ' or bars, and. as to any other matters necessary to protect the Compan;r from impo~~tion and abase of said transfers; provided further that al_1 children not over the age of five years, when accompanied by a fare-paying passenger shall be permitted to ride free. SECTION 13. T}re Company shall Trot permit, or allo:v any person or persons to operate a bus or buses until said driver has passed a satisSactory 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 spy 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 oper-rte said buses. SECTIOt1 11r. :'aid buses shall be ecui;~ped with two doors for passengers to get pn or off the said buses, and also have a third door for emergencies. SECTION 15. The City reserves the right to designate where regular bus stops are to be made. SECTION 16. The Company shall begin to operate its buses not later than 5;30 A.lut. and shall continue to operate the same unt 1. 1.1:00 F.~. on each day during the continuance of this franchise. T'he Comcany, at any time, for the convenience of the traveling Public, shall. have the might to int;:grate its routes. SL'CTIO}J 17. The said Company shall operate over the scheduled routes of said 6ity at all times and shall provide suitable ventdlation on said bases in the summer months and provide suitable heating facilities or said buses during the winter months. SuCTICP} 18. The Company shall keep and maintain a correct set of books, showing the daily receipts from fares and shall file with the City Clarl: on or before the 15th day of each month a sworn statement showing the gross tares collected for the preceding month, and the City shall at all times have the right to ma?ce a complete examdnation of the bookti and accounts of said Company and such examination may be made by ar;ent., attorney, accountant or any other person desig~rated by said City. The foll rnving resolution was introduced in writing and read in fltll by Alderman Morley: That the Mayor and City Treasurer be, and they are hereby authorised, directed and instructed to withdraw the sam of Forty-Two 'Phousand Si.x I~undred Fourteen and 40/100 (9~42,61la,la0) Dollars from the union Planters National Bank g Trust Company, being part of the proceeds from the Forty-six Thousand 046,000.00) Dollars Sewer Revenue Bonds and tha t said sum be placed in the Sewer Extension and Repair Fund thereby making said sum available to pay the cost of repairs, extensions and or improvements to the City Sewer System. This resolution was seconded by Alderman Foster, and uo_on the matter being called to vote, the following voted Aye% Foster, Manchester, Bledsoe, P.owton, ~'brley, Powers Garrison, and Lollinger, Nays Bone. Mayor Bacus brought to ±.he Council's attention the fact that there were a number of delinquent accounts due from the Sewer Extension and Repair Fund and thereupon the accounts were examined and motion was made passed and adopted that the following accounts be paid from the Sewer F'xtension and Repair p'urtd~ Dixie Drive It Yourself System ?t95.72 Pidgeon-Thomas Iron Co. 44.78 Road Eatilders Equipment Co, 68.01 Memphis Blue Print uo. 18.?0 Charles J. Upton Co. 62,07 Western Auto Ass, Store h.59 Riechman-Crosby Co. 54.92 'N. M. Machine & i°Telding Shop 2,00 Carey Eqt. Co, 301,93 S. C. Toof & Co. 20.55 Garrison Ready Nlix Concrete Co. 653.54 r"armors Supply Co. 87.55 J, 1, Riggs Tractor Vo. 50.18 Crittenden County Times 6.1.2 Hope Brick ~,gorks 102.00 Fischer Steel Corp. 138.97 Delta jce Co. 10.10 Bragg Auto Co. 103,95 Hawkins Eqt. Co, 600.00 Choctaw, Inc, 739.34 Tri-State Eauipment "o. 1,695.80 iV. K. ln~>ram 600,00 A. E. Heag3.er 2, 712.50 McCaa Chevrolet.CompBny 2,731,46 Dacus Lumber Company 1,4.97.44 City of Vvest Memphis-General Fund 1x,000,00 Upon the matter being called to vote, the following voted xye° Foster, t;anchest.er, Bledsoe, Rowton, Morley, Powers, Garrison, and Bollinger. Nay: None. No f1~rther business appearing, the meeting was adjourned, --~ ATTES : C K AP1'ROCED: ~~`""'0£`'[? 4, 19l~~