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HomeMy WebLinkAboutOrdinances Book 9, Page 999, No Ordinance NumberPage 099 4 MOTOR BUS FRANCHISE ORDINANCE NO.1 AN ORDINANCE DIRECTING TH_: CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SELL A FRANCHISE AUTHORIZING THE PURCHASER TO MAINTAIN F_ND OPERATE MOTOR PASSENGER BUSSES OVER AND UPON THE STREETS, AVENUES AND iPUBLIC PAYS IN THE CITY OF PADUCAH AND FIXING THE TERMS AND CONDITIONS OI THE EXERCISE OF SAID GRANT. BE BE IT ORDAINED BY THE BOARD OF COLSdISbIONERS OF THE CITY OF PADUCAH, KENTUCKY: ARTICLE 1. That the City Manager of the City of Paducah be, and he Ihereby is,, authorized to sell upon the terms hereinafter stated the following franchises, to -wit: Motor Bus Franchise. FRANCHISE. Section 1. That the purchaser of this franchise, and his or its successors and assigns, all hereinafter called the ItGrantee" is hereby granted for the term and subject to the con- ditions and limitations hereinafter stated, the right, privilege and franchise to maintain and operate motor ?assenger busses con- stituting a unified trans)ortation system over and upon such streets, avenues and public ways of the City of Paducah hereinafter call the "City, as may appear to Grantee to be necessary from time to time for public convenience, and Grantee shall have the right to change or discontinue any route or routes after same shall have been established, provided that such change or discontinuance shall not interfere wi-h the public convenience. Section 2. The grantee shall at all times use motor buses operated by gasoline, electricity or oth:r approved mechanical power, provided no poles or wires shall be installed without the consent of the city, which shall me of modern design and fully equipped with all safety appliances in general use,'and shall maintain the same in a clean, sanitary condition and in good repair, properly lighted from dusk to dawn and heated in winter, and the City, through its proper officers or employees, shall have the right to inspect the busses at any time and require the removal from service of any bus failing to comply with the pro- Vi€ions of this ordinance. Section 3. Busses shall be operated over the various roul.es, which may from time to time constitute the operating system! within the City of Paducah, continuously betvieen the hours of 5:45 o'clock A. M. and 10:00 oiclock P.M. each day, provided, however, Page 1000 the Grantee shall not be required to operate on any routes or schedules unless revenue is adequate to pay a reasonable amount of the cost of such operations. The Grantee gill be required to publish its schedule over the various routes served by publishing same in a newspaper of general circulation in the City of Paducah and by posting notices in various )arts of the City of Paducah, and when any changes are made in any schedule such changes shall be published as herein provided. Section 4. The busses of Grantee shall come to a full stop at all railroad and street railway crossings and shall comply with all traffic rules and regulations of the City of Paducah, and with all laws of the State of Kentucl.y applicable to Grantee and its operations hereunder. Section 5. The City shall have the right and privilege during the life of this franchise to designate and change from time to time within its discretion, points on the route upon which Grantee is operating at which Grantee's busses shall stop and passengers shall be received and discharged.by Grantee. Section 6. The Grantee shall keep and maintain his, or its office of said bus system and its repair shops within the City. Section 7. The fare to be charged for one continuous passage shall be five (5) cents. Section 8. A transfer without additional cost shall be issued by the Grantee to any passenger demanding a transfer at the time of paying such fares, from motor bus to motor bus of the Grantee, which transfer shall be for one continuous passage and shall be accepted by the Grantee when presented by such passenger to the operator of the Grantees next connecting motor bus not going to or returning by the s:.me route or any other route which will enable the passenger to return to the vicinity from which he originally started, without paying a second fare. The Grantee may make such reasonable regulations not inconsistent with the provisions of this franchise as may be necessary to prevent the use of transfers contrary to the manner and purpose in and for which it is herein provided they may be used. Section 9. Grantee at all times during the term of this franchise shall, in accordance with the terms and conditions of same, maintain a continuous, adequate and sufficient system of transportation in the City; provided, however, that Grantee shall iot be liable for interruptions in or failure of its transportation) Service under this franchise which may be caused by strikes, riots, cts of God, or emergencies or circumstz:nces beyond its control. :,4"' ;; Page 1001 Section 10. The �'ity shall not be liable to the Grantee for any delay or any loss, that may result to the Grantee from the const ruction,reconstruction, repairing or closing of any streets, avenues or publictivays of the City, or that may be caused by any public emergency or by the construction, laying, reconstruction or repairing of any server, water, gas or other pipes or lines or appliances connected therewith, or by any delay that may be caused by fi='e, or by accident or emergency resulting from any construction work of any kind or character along, on, in or near any of the streets, avenues or publicways of the City, nor for any accident re..ulting from Granteels use of any streets over which its busses operate. Section 11. The Grantee binds himself or itself by the I� acceptance of this franchise to indemnify, keep and hold the City fre_ and harmless from liability on account of injury or damage to all persons and property resulting from the operation and mainten- ance of motor bus transportation by Grantee under this franchise, and in the event that suit shall be brouj,ht against the City, either dependently or jointly with the Grantee herein on account thereof, the Grantee upon notice to him, or it, by the City 'Manager, shall then defend the City in any such suit at the cost of said Grantee; and in the event of a final judgment being obtained against the City either dependently or jointly with the Grantee, the Grantee shall pay such judgm,nt and all costs of such suit and hold the City harmless therefrom. Section 12, The Grantee shall obtain and file .A th the Ctyy Clerk of the city and continue to keep in full force and effect during the life of this franchise, liability insurance policy or policies or bond or bonds of indemnity, conditioned for the benefit of persons suffering injury, loss or damage in person or property resulting f.om any negligent operation and maintenance of motor bus transportation equipment of and by the Grantee. Such liability policy or policies, indemnity bond or bonds, shall be in the sum of not less than $53000.00 for the injury or death to any one person, and not less than $?15,000.00 for the death or.injury to all persons affected by any one accident, such coverage to be for all transportation vehicles used for serv'_ce herein authorized, and not less than $1,000.00 for the benefit of passengers and all persons exceoting the Grantee herein, -.,,,he may suffer property damage in any one accident resulting from the negligent operation and maintenance of aforesaid motor bus transportation equipment, of and by the Grantee herein. Said insurance or bond or bonds to Page 1OQ2 the amount required in this franchise shall be kept in full force and effect by the Grant•e during the entire duration of this Ifranchise. Section 13. The Grantee shall not permit any of its buss conveyances or equipment to stand or be located on the streets dor publicways of the City for a longer period than may be reason- ably necessary for the receiving and discharging of Granteels 1passengers. Section 14. The Grantee shad keep and maintain all of its transportation facilities, busses and e4uipment used in the exercise of its rights and privileges under this franchise or in connection therewith, in good order and condition so that the same shall not menace or endanger the life or property of any person. Section 15. The Grantee shall, as a further consideration for the granting of this franchise and in addition to the price paid for same, pay to the City on the first day of January of each year during the term of this franchise on each bus used in the transportation of passengers and r and in accordance with the terms of this franchise the sum of $100,00. The amount so paid each year on such busses shall be in addition to the .license or wheel tax on motor vehicles hereunder on and after the acceptance of the franchise by the City of a bid of the Grantee during the term of this franchise. But it is understood that this does not prevent the City from imposing an ad valorem tax on the tangible personal property, nor a franchise tax in addition to the taxes provided by this ordinance. Section 16. The rights and privileges granted under this franchise shall continue for a period of ten ('10) years from and after the date of the passage and adoption of this franchise. The Grantee by the acceptance of this franchise agrees that within ten (10) days from the date of acceptance th:_reof, he, or it, rill co:n:;ience trans,)ortation operation under and along t1ne streets, avenues and oublicways of the City in accordance with the t.rms of this franchise, and hc, or it, hereby expressly agrees that unless said operation is coiuenced within said time, all of his, or its, rights and privileges hereunder shall be immediately forfeited; and Grant_e further by the acceptance of this franchise I agrees that within ninty (90) days from the date of acceptance I hereof, he, or it, will install new •nd modern busses, of an approved type, in service within said City on all of the established bus routes and lines, and the failure to con,)ly with this )rovisioni shall .likezrise forfeit all of the rights and privileges granted hereunder. Page .1006 ARTICLE 11. The above franchise shall be sold at public auction at the City 3lanager's office in the City of Paducah to the highest and best bidder. Each bidder shall be required to deposit with the City I;tanager at least one hour before the time for said amount certified by a bank doing business in the City of Paducah, payable to the City of Paducah, Kentucky. The City Manager will retain the certified check or cash deposited with him by the successful bidder, which sum shall become the property of the City, not as a penalty, but as liquidated damages, if the successful bidder shall fail to pay the purchase price of the franchise at the time herein- after provided in Article V. If the successful bidder accepts the franchise, said deposit shall be applied by the City as a credit on the price to be paid by the bidder. All other vhecks and moneys shall be immediately returned to the respective bidders who deposited same with said City Llanager. Every person, firm, corporation or concern, in addition tc depositing with said City Manager aforesaid $250.00 in cash or suck certified check as above provided, shall at least twenty-four hour: before the time designated for the sellin_ of said franchise, and as a condition precedent to his or its right, to bid on said franchise and as a necessary qualification of such person, firm, corporation or concern as a bidder on said franchise file with the City ':tanager, data, information and evidence on which such person, firm, corporation or concern proposing to bid on aforesaid franchis relies to show that he or it has the capital and has had ex;)erience in the operation of' a public motor transportation system for the tran_?ortation of passengers, sufficient to furnish adequate, safe and efficient transportation service for the pu:,lic, in full ,omplic.nce :.ith all of the terms, conditions and provisions o_ said franchise. ARTICLE III. Said franchise shall be sold by said City ".tanager within thirty (30) days after this ordinance becomes effective and at 12:00 o'clock noon. The exact date of said sale shall be fixed by the Board of Coxauls.ioners. Before making said sale, however, said City ?tanager shall cause to be advertised thr time, terms and ;onditions thereof in the official newspaper of the City of ?aducah, which advertisement shall be ,ublished at least five (5) Page 1004 1Idays, including Sundays, next prior to and including the day of sale. ARTICLE IV. Siad City Manager shall sell said franchise herein directed to be sold, for a sum of not less than $500.00, to be by the successful bidder as hereinafter provided in Article V. ARTICLE V. The successful bidder shall file with the Board of Commissioners within five (5) days after the sale of said franchis a eritten acceptance thereof in a form acceptable to said Board; and, at the time of filing such written acceptance with said Board shall pay to the City the full amount of the bid of such purchaser of said franchise subject to credit of deposit hereinabove provided for in Article II. The purchaser or any subsecuent holder of this franchise may not transfer or assign the same without consent of the Board of Commissioners or other governing legislative body of the City of Paducah, and no such attempted sale or transfer shall be valid until notice in writing thereof has been filed with and approved by the Board of Commis.ioners or oth r legislative body of said Ci ARTICLE VI. In the event that the successful bidder for said franchise shall fail to pay the }urchase price at the, time and as herein provided, the City Manager shall again immediately advertise said franchise for sale in the same manner and upon the same terms as herein provided; and if the successful bidder at such resale, shall fail or refuse to pay the purchase price at the time and as herein provided, then said City tanager shall again, in like manner, advertise for sale such franchise and continue to do so until such franchise is purchased by some bodder who can and 4,211 comply with the terms hereof. ARTICLE VII. Said City Manager shall report his acts hereunder to the Board of Commissioners and said Board shall have the right to reject any and all bids made for said franchise. ARTICLE VIII. The provisions of this ordinance are severable and should any section or article, or part of any section or article or any (provision of this ordinance b: adjudged to be invalid, the remaining provisions shall - continue in full force and effect, it being the legislative intent of the Cityls legislative body that this iordinance would have been ado.:ted had such uncf_nst:tutional or void provisions not been included therein. I ti.it'4ti-� _. .._ _'�.V. ES Yi..•STY.-I:.Y`'ff�ivYPF.4`"S�. Pare 1005 ARTICLE IX. This ordinance shall be in full force and eilect ten (10) days after its adoption. Mayor Passed by the Board of Commissioners, April 6th, 1936. Recorded by Rudy btewart, Clerk, April 7th, 1936.