HomeMy WebLinkAboutOrdinances Book 11, Page 586, No Ordinance NumberAN ORD_*F:_1':!C_ A C!!A':' 7_ 'j r
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FARES TO r:: EFFECTIVE U11TIL J.",UARY 27, 1949, A ":;AGE
UPON 3.'OTOR F"L3:,jP3 OPERATED L_'1 ':,A"Y DE71":5a -,.I D'?T'..'
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,171ZE AUTHORIZI317: T-:E PURCI!AJE:� TD
TO _I 7:,1 T.1, U;
OFERZA77 70TM PA33E"TC-ER t.-USE5 OVER A:.,D UI-Ci'. THE 2', Clv;.U-.�;
A'_.D f'71::,IC I" TUE CITY OF PADUCAH T7E TE7.; 4::D,
C"NDITIOTTS OF 7:'7 _77ERCISE OF DASD CRAV, 0 31 �.! TCL
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%T AS ".�.'.('TOR 'EU3 �'7L'CT�T�
1944; A'7:) AU-1-107T::F'_,� T- TE", -_ _0� -Z"'AL1. ci-
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THE TE=7'--" -'--)--T,T Z C TA I f:7-1 11:.7:7 CG :C
the Le--in7ton .;:est em, Inc. , hccqr:ie. the
1)ure,heser of the franc!crcat-341 un;'..--ovisions of an
ordnance entitled- Cj 0,
TFE C77," 077 PAD-2111--, 7- '�DISEI
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TO 7-`T`TTA-�7_71, OF_-..AT_ _._')TnR 0""ER A'.-D U,110'! T,:-,
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AVE.TUZj A:T:D �-UL 7C 1 A 11, U C A - T, :?::'_:''G
!`:S 'PE.-R::S A:D 0r,:TD1TI0:'_ r�__ ..A.- _D '^A:7V ich
ordinance !Mnwn as "I.-otor .-u:3 -Yranchise :To. 2" as adopted by
the oard of Commissioners on 7ebruary 1, 194`41; and
..,=A3, Ysry 1'cron(la Rielco, doin,, business under the firm
name of the Paducah Lus Company, t'..,3reafter purchased said franchise
from the LexinGton 'Rail,.-.-ay System, inc., and thereby became the
of all of the richt, titl:,, and interest of the Le:,inr-.ton Railway tom,
Inc., in and to the aforesnic-' franchise, and'under Section 7 thereo.j
the said "iry Dcronda Rieke aCreod and aswxnwi t!ie o';11,7ation of th
Lexington 71,nil,.va- -.;;stem, -nc. cl-mi—a a fa2.,c of only 3g fog one
continuous passage on its ruses until *'.0 o;-nivat-on of the franchlue
period provi,ed therein-. and
W. RITE
�EA3, under a contract enterer] into between the city
and the said !",qry Deronda on 25, 194.3, which cont,_,,c-,.
is referrerl to herein as the .1-cconc! Supplemental Contract, it
rias agreed tt-at the said .ary Dernnds Rieke should be released
lrom her oblif-ation under the aforesaiq, franchise ordinance to
charge a fare of only 5� per person for rassaSo upon Lucca
6perated upon the streets or the City of Pnducah: that o fare of
10,,E tier person nhoul(li be charmed for one con` Inu-, -o, and
t vo t trvo tolc,-.no for 15�/ should be sol' n- ch
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587
tokens bein- acceptable for each continuous pasaage thereon;
provided, hov,ever, the fare to be charged any and all otudents
'sing to and from school, or any and all children under twelve (12
years of a2c rt any fln- houl:7 be 5;'. for one conti!zuous passa-e;
and
it :as £urtl:,r .,rovi.;ed in saki Second Supple^.ante
^ontract that eit!:er party M_ -'.t, at its option, "cancel the pro-
visions h_•_cof �Ivins;to the other tiarty (SC) day: notice in
vmitin,- of its des --.'c to eta_, into an a-roement rev_s.inC. the fa'e
structure" y fo11o':.dn,:_ the provisions canta_ned therein; and
the aforesaid
Second Suppler.!ehtal Contract is no::
in full force an' effect: and
.TIL cn Cctober 28, 19,10, the Ci`_;; or 7aduWi exercised
its option to cancel the provisions of t%*. aforesaid Second
Supplemental Con!-z-oet b. _iv?nc to the said :"ar; L'eronda Rieke
thirt; (50) ciayn notice in .._'icing of its-faoira to ;rater into
an _ rt -ovicin- the fa --n- structure, and by notify -'n- her
t^at t".,-, -c:rw._ninZ provir.ions a? ParaCraP, (2) are to full;;
complicc "''lith; anCi
�aaon o- ��n`,ove„ ici ,.ra `>etv., en
cnr.1o,-cs, a has
op _ation of ,'_otcr rossen •ar .:uaes has baen
rn.:n�nd9-i: �nd
ary ::evonds _,_e'__e anO. her enploy:cs
pc=.ie n:errr' into a --reorient for settler:cnt of their ":iseute
such .ettleln-rt a--ree'mcnt ;,as been reaches'. unon the con(ition
*hat the City= of Tndizcah a_ree to the amenfrnent of t"e aforesaid
•'econd ."uppleznental Contract by p:_rmittinr- her to charZe a fare of
1C� for one continuous passage upon motor buses until January 27,
'Y.0"U'.f3D =_ Tho rOARD OF CO'E.'ISSIOI?= RS
OF THE CITY OF P.,DuCAII,-=5'TUC;.Y:
• - SSC^_O.i 1.
That until `"e 27th clay of Januar;;, 1049, the rate of
_"are for pnosage upon motor buses operated by i.:ary Deronda 'i�.•_e,
,inC buoincss under the fir.. naive and ogle of the Padu^_h ;us
roi.inany, laorcinaftor referred to as the "Company" shall be 10�
rerson for possa,re upon buses operates on the streets of the
City of Faducah, subject to the other o -on.- tions impoaod in the
. horcinafter mentioncd contract, anc' that the "'ay°or _rn "_'ern be,
an! he is hereby authorized and empoxcred, '-r an,l on behalf of
the pity o, Poc-ucah, hereinafter referred to as the "City", to
i
enter into a 'P{urr; Supplemental Coni-r:ict ::ith the ,aid Lary
Deronds Rieke and said contract shall ,:o in .• r.:c and fi ures
as foll.ovrs, to -wit:
536
C0 f3IDls;:ED, The City hereby
nErees .that until the 27th day of January, 1941), the Company
shall be released from its ozlilatien under the aforesaid
franchise ordinance to charrc a fare of only 5� p m _�,rson
fe^ rassaZe upon ::uses operated on tip .,.poets of the Cit;,
of _ racah, and it chall also -released from its obl'i-ation
unrier the af'orcoair' Second u_rl ~^ntal Contract of :.:arch. 25,
1:43, to charl-e the fares as provic'ed therein. Until the
27th day of January, 1949, a fare of 10 per Corson shall
be charged for one continuous passage. rpovided, hm,:ever,
t', -.,e fare to Le charged any and all atuCenta going to and
from school, or any and all children under twelve (12) y,aVs
of a7^ at on.; time .;`all be 5� for one continuous passage.
"In Consideration vinereof, the Company does hereby agree:
(1) 71nat unless or until the aforesaic; �ccond supplemental
Contract of "arch 25, 1943 Shall be cancelled pursuant to the
aforesaid notice ti:hich -:,as given the Company on the 20th day of
Cetober, 1940, all of the routes and scl:ca ,les cstA:,Iished
or in effect on ,'ai'c?. ..5, 1943, shall mainta_no,-;, an' tike
Compan- ch811 opc^ate an a mini..:uri the sane num::.,p of motor
pass er.`er 'uses in as good c:.n:.'it_on as those then in use, and
shall operate a unified trans^ortatlon system as convenient
and efficient as the system ::hick -,ms then being operated.
"(2) That the Company :rill eriploy a Certified Futlic
t,ccountant satisfactory to the City to matte an audit of the
Company's boosts for the purposes provided in Faragrsn'r. (2) of
the aforesaid Second Supplemental Contract under •rhich the no+.ice
of its cancellation has been liven, and tii-e expense of the
employment of said Accountant shall be paid b,r the Company.
"it is ;.utually Covenanted and AE;reed between th:e parties
hereto as follows:
(1) Except as modified :;7 the provisions of this Third
.,u^plemental Contract, each of the rartics hereto agree to
allow the procedure ii.wo'.ced L,; the givin^ of the aforesaid
notice and as ppescribed in the aforesaid Second Supplemental
Contract of i,'.arch 25, 19G3 for the cancellation of said contract,
and that contract and this Third �upplcmental Contract shall be
cancelled as of t"e 27th day of January, 1949, if the parties
shall have failed prior to that date to reach an a:-veement
fixing the fares for Ws transportation or deterriinin the time
'orin_ wl^ich such chance in fare struc.ttue shall remain effective.
(2) Fxeept as riodified b.- this Third supplemental Contract
,in!2 the ecrnd Supplemental Contract of :;Arch 25, 1943, all
of tLe tents, a,7recrents, conditions and covenants in the
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589
aforesaiC'. franchise ordinance shall remain and continue in full
force and effect, and if for any reason a Certified Pu',lic
:accountant shall not be cm^l,)ycd as provided in the aforesaid
..econd jup-lcmertal Contract, or such CertifieC, ?ublic Accountant,
if employed, shall fail to file his ro.-ort as provided therein,
or in the event the parties shall fail prior to the 27th day
of January, 1949, to reach an a3reement firing- the fares for bus
transportation or detc:•ninin:, the time durin.- which such change
of fare structure shall remain effective, this Third Supple-
mental Contract and the aforesaid ;econd Supplemental Contract
of ':arch 25, 1948, and all of the provisions in both of said
contracts shall ce automatically cancelled as of the 27th day
of January, 1949, in zhich event the fare to be changed by the
Company on and after that date shall be 5� for one continuous
passaCe, ^nd all of the terns, a,;reemetits, conditions and covenant;
contained in this Third Jurplemental Con':ract an:: in the aforesaid
Second-upplcmenta l Contract of "arch 25, 1940 shall :.e cancelled
and of no of_ect.
T_' C". ' the City of Faducah has hereunto
caused its name to ce su�ser ibed hsreto by Stuart Johnston,
its 1•'ayor Pro Tem, and its corrorate seal has been affixed
hereto b,! aarah Thurman, Cit;; Clerk, anal 7."ary 7cronds Rieke,
doin5 'business under the firm name of the Paducah :us Company
has hereunto subscribed her name this the _ day of ,`tovember,
1948.
CITY OF PADUCA_i, IKEN UC_a
-y
,•:ayor rra leem
i t Cer:: --
�
Doan- T business under the :arm
ra:ae of Paducah =us Company"
SEC TIO'r 2.
All ordinances an' parts of ordinances in conflict h_ro:rith
are, to the extant of such c onflict, hereby repealed.
ZECTIM 3.
This ordinance shall be in full force and effect on and
after the date on aa:ich the said Ifary Deronda Rieke, doinU
business under the firm name of the i'aducah 'us Company,
I
shall restu:le the operation of motor passenSer buses upon the
streets of the C ity of Paducah ir. accordance :aith the vro-
visions of the aforesaid L'otor 1 -us :,ranchise -,a. 2, the
590
applicable provisions of the Second 3upnlenental Contract of
i.:avch 25, 1948 and the provisions of this Tihii-6 Juprlor.,ental
Contract.
i'a;;�or Fro ?'en
Commissioner (Paul t..11 -ell
Passed by the ::pard of Commissioners, November 8th, 1948
Recorded b;- Jarah Thurman, City Clerk, iloven..er 8th, 1948