HomeMy WebLinkAboutOrdinances Book 11, Page 118, No Resolution NumberIla
A RESOLUTION SUEILITTING TO MARY DERONDA STE JART, O'::i`i:-'c OF
PADUCAII FUS C01APANY, A PPOP03AL TC SG"TLE Bf t.RL.ITRATIO0 ME
';.ULSTIOIT AS TO ':'JHETHER SHE I3 KTTI'PIZD TO AN INCREASE,' I'4' THE
TO E3 CHARGED e'OR A PsRIOD OF ONE YEAR FOR Ph:;3AGE UPOIT I.;OTOR L-U.:iJ
OP21ATED Df F.ER IN 7HZ CITY OF PADUCAH UNDER 'IIi3 PROVISIONS OF AN C ,-
DI:T:I:ICE Ei'PIIL r?D: °A'i 0w7IH .11r E T✓1<,:ECTIi ' `"17-s' C IT !'.AI AGER OF TiiG C TY
^_ PADMAH, .:wvTUCKY TO SELL ri ',A:,CiiI:,," i.uT1:C:'IZI1TG WE PURCHASE}; PO
- ITTAIN AND OPERATE L10TCR PAS3EITGER .USSS OVErj A TD UPOT TILE 3TR3 'I' ,
isVr"iuUE:i AND iUBLIC ,AY3 IN TIT2 CI'^Y OF PADU^AH AND FIXI?TG TSE
A::D MMITION3 OF rM :EXERCISE C? SAID :RANT" l7HICH OPDINA-r7rE 'MOWN
A3 "'IOTOR BUS F"Ab!CHI3^a 1TO. 2" ',JAS ADOPT3D Bf THE WARD OF C004-
I33IONERS OX FEBRUARf 1, 1944, A_,D Ir SHE IS ENTITLED TO SUCH
INCREASE THE AI,;OUNT OF THEE _ARES .;H3 SHOULD BE P„'RI.SITTED TO CHARGE
DURING SAID P.C•,RiOD, AIL, P1s3C2I-i1iTG THE TER:.13, AGRE&SiTS AND
CONDITIONS UIMER :Tr!!CH TETE CCI"C ROVE3Sti -t.:AY BE SETTLED by ARBITRATIO4
IF SAID PTZOPOSAL IS AC^sI _D.
':o 1ERCA3;: I.:ary neronda 3hewart, doing business under the firm
name of the Paducah Bus Company, is the owner of a franchise create
under the provisions of an ordinance entitled:
"A:, OI:DI:TANOE DIi:EC T I::," T!_ ;.-A':,AGER OF TEE CITY OF PADUCAH,
YRTTUCF:Y, TO SIL .,12ILING T:::; PURCHASER TO MAINTAIN
i_•,`D OPERATE ;;:D"OR P/S iJL';TG is _ ..F; OVER Al2D UPON THE STREETS, AVENUE'
AND PUBLIC WAYS IN THE CITY OF PADUCAH AND FIXING THE TERr1-13 AND
COi:DITIONS 0'r' TEE EXERCISE O; SAID, GRAiiT", ti hich ordinance known
as ",:otor Bus Franchise No. 2" was adopted by the Board of Commiss-
ioners on :ebruary lot, 1944; and,
.E
REAS, under Section 7 of the aforesaid hotor Bus Franchise
To. 2, the said Yary Deronda Stewart, a, -reed and obligated herself o
charge a fare of only five (5) cents for one continuous passage on he
buses operated by her until the expiration of the franchise period
provided therein; and
':;'IICREAS, the said !..Dry Deronda Stewart applied to the board
Of commissioners for permission to increase the amount of fares or
rates to be charged for transportation of passen3ers upon the streets
of the City of Paducah, claiming that she would be unable to maintain
sufficient and satisfactory service unless such permission should b
^ranted for a period of one year; and
S9ITEREAS, from the audit reports and figures made available
to the board of commissioners, it was impossible to determine whether
she is entitled to an increase in the fares to be charged for trans-
portation on buses, or the amount of such increase if It would be
proper t^ enter into a supplementary agreement amending the aforesaid
franchise by revising the rates char. -able for Lus service; and
M.IEREAS, said board declined to approve an increase in the
fares for bus service as requested by the said Mary Deronda Stewart,
and on July 14, 1947 she susponded the operation of nine (9) buses
and revisecl her operatin-, schedule by providing bus transportation cn
seven (7) routes at greatly increased intervals of time; and
'MIIEREAS, it is claimed by the City of Paducah that the said
..ary Deronda Stewart has wrongfully, unlawfully and in violation of
the ri•hts retained by and vested in the City of Paducah under said
franchise, removed from the service the aforesaid nine (9) buses
and that she has violated the provisions thereof by failing: to maintain
a continuous, adequate and sufficient transportation says tem in the city
for the use and benefit of the inhabitants thereof, but to settle
said controversy without litigation and thereby avoid the trouble,
delay and inconvenience which will result from the filing of a suit
for that purpose, it is deemed advisable by the board of commissioners
to submit, to the said Fary :eronda Stewart an offer to enter into
an agreement providinZ for the settlement of said controversy e:itho
tt
such liti,ation.
TE-zREFORE, E IT : EJOLVED BI THE BOARD OF CO:,1.:L 3IOi1 S
C `i_'FIE CITY OF -nADUCAH, Y. MUC$Y:
SECTION 1.
That the City of Paducah submit to ifar,y Doronda Stewart,
doing business as the Paducah 'Bus Company, a proposal to settle by
arbitration the question as to whether she is entitled to an increase
in the rates or Bares to be charged for passage upon motor buses
operated by her, and if she is entitled to such increase, the amount
of the rates or fares which she should be permitted to charge for a
period of one year, and that the City of Paducah offer to enter into
an arbitration agreement containing in substance the following terms
conditions and covenants:-
(1) That within a period of two days after the execution
o, the arbitration agreement herein proposed, a '-,card of Arbitrators
consisting of two (2) members shall be appointed, one by the ioard o •
Commissioners and the other by the said t,'ary Deronda Stewart. Each
Arbitrator shall be a certified public accountant and it shall be th
duty of said board to obtain from the books, accounts and records
of the Paducah Bus romp--ny such information as will enable them to
etermine xhether the said Fary Deronda Stewart is entitled to an
increase in the fares or rates to be charged by her for passage upon
buses for a period of one (1) year, and if the rates or fares should
re revised, the amount of the Increase which the city should approve
under a supplementary ainreement providin7, for such increase, and if
necessary for that purpose, said Board of nrhitrators shall mace a
comPlete audit of the books, records and financial condition of the
120
said Paducah Bus Company in connection with its operations in 1947.
as well as in any prior year. It shall be the duty of said Loard o'
Arbitrators to agree upon the settlement of the aforesaid controvcr ies
and file their judgment with the Poard of COMIissioners within a pe-lod
of ten (10) days after their appointment. rJhould the two (2) mombe s
of said Loard of Arbitrators, so appointed by the city and the said
i:ary Deronda Stewart, respectively, be unable to agree upon a settl.ment
of the aforesaid controversies within a period of ten (10) days aft r
their appointment, a third member of said board to act as umpire sh 11
be selected by them after the expiration of said ten (10) day perio
and within a period of not exceedin-five (5) days after the
expiration of the aforesaid ten (10) day period the appointment
of the third member shall be made and the Board of Arbitrators
as then constituted shall file their jud6nent with the Loard of
CoMm isoloners. In the event of any unavoidable casualty or through
circumstances wholly beyon3 the control of said Loard of Arbitrator
said controversies sFnll not be settled and a judgment filed within
r. he time herein specified, 1 -he nerties aSr e that the aforesaid
five (5) da; period may be e; -,tended for such further period as may
be requested by the majority of the aforesaid three members of
said board.
(2) The said :,.ary Deronda Stewart rill make available for
inspection by said L•aard of Arbitrators all of her books, records,
accounts, and all records pertaining to the business of the Faducah
L -us Company since she became the purchaser of said franchise on
June 26th, 1945.
(3) That the aforesaid controversies, differences and mis-
1:nderstandings between t'e parties hereto, arising out of, or by
virtue of the aforesaid franchise, and the ri,•ht of the said °.:ary
Deronda Stewart to an increase in fares thereunder shall be submitt d
to the aforesaid arbitrators for decision and each of the parties
hereto shall, for a period of one year, stand to, abide by and,perf rm
any decision, order and judgment that may therein and thereupon be Made,=
under, pursuant to, and by virtue of, the submission.
(4) That immediately upon the execution of said agreement,
the said ,;ary Deronda ttewart will replace in the service all motor
passenger buses removed therefrom on JLly 14th, 1947, and she shall
maintain the same routes and schedules which were in effect prior t
that date.
(5) That- the Loard of Commissionera'ahall, after the aforesaid
3ecision and award has b •:n filed, introduce and adopt as required by
Lae; an ordinance authorizin`. the execution of a supplementary a(,ree ent
.n accordance .v'th the findings of said Board of Arbitrators, and tae
)arties hereto shall enter into and execute said a_meement ^lirsuanti to
F7
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said decision and award. In the event the lioarcl of Commissioners
shall be required by law to certify the question of the passane of
said ordinance to the vote of the people upon the filin[; of an
initiative or referendum petition, but only in that event, the
said Y.ary Deronda :Stewart shall not be obligated to abide by the
fimlin`s of said Board of Arbitrators and shall not be required to
enter into said supplementary a,reement.
(6) It shall be the duty of the city to pay all compensati
to the member of the Lpard of Arbitrators appointed by it, and the
duty of the said Lary Deronda Stewart to pay all compensation to th4
member of said board appointed by her, and the City and the said
ary Deronda Stewart shall each pay one-half of the compensation tht
may be due the third member.
(7) The verbal or written acceptance of the offer container
herein shall not obli-,ate either the city or the said Lary Deronda
Stewart to settle said controversy by arbitration upon the terms
provided herein, or upon any other terr.1s, it Lein;; contem~lated by
the city that the terr:is provided herein will. forr.: in substance the
basis upon �-hich said arbitration proceedin-s will be conducted, the
same being subject to change upon the preparation of a written
arbitration 3Zreement in form and substance satisfactory to the
parties hereto, and neither of said parties shall be obli`ated under
nn arbitration aCreoment until the same has been duly authorized
by an ordinance and has been executed by both parties.
SECTION 2.
That a certified copy of this resolution be immediately
transmitted to the said :ary Deronda Stewart, and that she be reques
to enter into an arbitration agreement containing in substance the
term, conditions and covenants above set forth not later than Thurs
July 17th, 1947, and upon her failure so to do, that the Corporation
Counsel be authorized to institute for the city of Paducah a suit fo
o mandatory injunction to roquire her to immediately restore the
routes, schedules and service which were in effect prior to July 14t
947.
SECTION 3.
This resolution shall be in full force and effect from and
after its adoption,
t,.a y or ----
Passed by the ,oard of Commissioners, July l5th, 1947
Recorded by Carah Thurman, City Clerk, July 15th, 1947.
ed
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