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HomeMy WebLinkAboutOrdinances Book 17, Page 80, Ordinance Number 70-3-305ORDINANCE NO. 70-3-305 AN ORDINANCE GRANTING AN AUTHORIZATION TO KELLEY TRANSPORTATION COMPANY, INC. FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A MOTOR BUS TRANSPORTATION SYSTEM IN THE CITY OF PADUCAH, KENTUCKY, FOR THE TRANSPORTATION FOR HIRE OF PASSENGERS AS A COMMON CARRIER; FIXING THE TERMS AND CONDITIONS OF SUCH GRANT, AND DECLARING AN EMERGENCY TO EXIST WHEREAS, for many years the City of Paducah has had local motor bus transportation service from a common carrier, and WHEREAS, the City of Paducah is now without such transportation system due to the business failure of the last authorized operator, and WHEREAS, the Kelley Transportation Company, Inc. of Cape Girardeau, Missouri, has requested an authorization to establish a motor bus transportation system in Paducah to begin April 1, 1970, and WHEREAS, the City of Paducah has heretofore advertised on several occasions in various trade journals and media constituting legal notice for any offer to operate a bus system in the city, and WHEREAS, no acceptable offers have heretofore been received, and WHEREAS, the necessity and demand for such motor bus transportation service has created an emergency situation and crisis in some sections of the community, making time of the essence, and WHEREAS, the Department of Motor Transportation of the Commonwealth of Kentucky has agreed to waive the statutory requirement of a hearing to determine the necessity and demand before a carrier makes application, and WHEREAS, the Board of Commissioners of the City of Paducah is of the opinion that said Kelley Transportation Company, Inc: is a duly qualified company, and the Board desires to grant such authorization to it. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Definitions Wherever the word "grantee" shall appear it shall mean Kelley Transportation Company, Inc. The term "City" shall mean the City of Paducah, Kentucky. The term "Board" shall mean the present governing body of the City of Paducah, Kentucky, including the Mayor and Commissioners, and their successors. 81 The term "streets" shall mean any street, avenue, alley, bridge, or other public places in the City however they may be designated. SECTION 2. Nature of Grant. The authority, right and privilege is hereby granted to the grantee for a period of one year from and after the 1st day of April, 1970, to establish, maintain and operate a motor bus service for the transportation for hire of passengers only, by trackless vehicles, over and upon the streets of the City; all in accordance with general traffic rules and regulations of the city, and in accordance with the terms, conditions and provisions of this ordinance. SECTION 3. Routes Operation of motor bus transportation service shall be established, operated and regularly maintained over regular routes, with a minimum number of six routes to be established and determined by the grantee, subject to the approval of the Board, and said routes and number of routes may be changed from time to time as experience requires and as recommended by the grantee, subject to the approval of the Board, but such approval shall not be unreasonably withheld. In the event the physical condition of a street on an established route is temporarily obstructed, the nearest available and conveniently operative temporary alternate route shall be used until such interference or obstruction shall be terminated. SECTION 4. Time and Schedules The Grantee shall operate buses over the various routes which may from time to time constitute the operating system within the City of Paducah continuously between the approximate hours of 6 o'clock a.m., and 7 o'clock p.m., on weekdays, excluding holidays, which holidays so excluded are New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas, and shall operate on schedules and at such other hours and days as may be determined by the Grantee, and approved by the Board, and as may be changed from time to time as experience requires, and said approval by the Board shall not be unreasonably withheld. SECTION 5. Fares Fares covering one continuous ride within the city limits and on one route shall be Thirty Cents, and the additional fare required for a transfer to each additional route shall be Ten Cents. The fares as herein established are to be per person, and such fares are subjec t to change for increases or decreases or exemptions for children with adult paying passengers as experience from time to time may dictate, and any fare change shall be upon recommendation by the 82 Grantee and approval by the Board, and fare changes shall not be unreasonably withheld by the Board. SECTION 6. Insurance The Grantee shall obtain and file with the Department of Motor Transportation and continue the same in full force and effect during the period of this grant, a good and sufficient policy or policies of liability insurance or a bond or bonds of indemnity, as the Grantee may elect, and subject to the provisions of the Kentucky Revised Statutes, conditioned for the benefit of persons suffering injury, loss or damage to persons or property, by reason of the negligent operation by the Grantee, which policy or policies, or bond or bonds, shall be in companies or with sureties to be approved by the Department of Motor Transportation, and shall be carried upon each motor bus operated in a sum not less than that provided by the said statutes. SECTION 7. Bus Stops The Grantee may designate such bus stops as it may desire and shall have the right to equip same with markers. At all designated stops the City shall set aside an adequate space in which other vehicles shall not be permitted to park or in any manner interfere with the bus operation to the end that the safety, convenience and welfare of the patrons and public may be provided for and safeguarded. SECTION S. Taxes The Grantee shall pay to the City the sum of One Dollar per year in lieu of all occupational license taxes and wheel taxes during the term of this authorization or as the authorization may be continued hereafter. All property taxes and franchise taxes imposed by statutes shall be paid by the Grantee. SECTION 9. Indemnity The Grantee, by acceptance of this ordinance and the commencement of operation hereunder, covenants and agrees to indemnify and save the city harmless from any and all manner of suits, claims or other causes of action which arise during the period of this grant because of the operations of the Grantee, and in the event any suit should be brought against the City on account thereof, the Grantee upon notice to it by the City, shall then defend the City in any such suit at the cost of the Grantee, and in the event of a final judgment being obtained against the City, either independently or jointly with the Grantee, the Grantee shall pay such judgment and all costs and hold the City harmless therefrom, and to this effect, the City shall be named as an additional insured in all policies of insurance or bonds 83 required by the Grantee as hereinabove set out in Section 6. To further guarantee the indemnification of the City, the Grantee shall post with the City the sum of $50,000.00 in the form of cash, surety bond, or other security acceptable by the City for such purposes. SECTION 10. License Required for Drivers No person shall be employed by the Grantee as a driver within the City without having first obtained a bus driver's license for the current license year. Any person desiring to obtain such license shall submit to the Chief of Police a completed application on forms to be furnished by the City, containing the following information concerning the applicant: 1. Full name and home address 2. Address of all other residences during the last five (5) years. 3. Age, color, height and color of eyes and hair. 4. Place of birth and marital status. 5. Length of time he has been a resident of the city. 6. Whether a citizen of the United States. 7. Places where employed and names of employers during the last five (5) years. 8. Whether he has ever been convicted of a felony or misdemeanor and, if so, the nature, place and date of each conviction. 9. Whether he has been previously licensed as a bus driver or chauffeur and, if so, when and where. 10. If he has previously had a bus driver's or chauffeur's license or an ordinary state motor vehicle operator's license, whether any such'license has ever been suspended or revoked and, if so, the date, place and cuase of such suspension or revocation. 11. Whether he holds all state licenses required to qualify as a bus driver. 12. Whether he can read, write and speak the English language. 13. Such additional information as may be required by rules and regulations. Each such application shall be signed and sworn to by the applicant. Each applicant for such license must be of the age of 21 years or over, and must be clean in dress and person. The applicant must not have been convicted of a felony within the last five (5) years immediately preceeding the date of his application, but this requirement may be waived by the Chief of Police if, in his opinion, the facts warrant such a waiver. The applicant must hold all state licenses required to qualify as a motor bus driver, and he must be able to read, write and speak the English language. 84 There shall be attached to each application for a license two (2) front view photographs of the applicant taken within the last year and of the size specified on the application form, one of these photographs to be attached to the license, when issued. The fingerprints of an applicant for a license under this division shall be impressed on the application form by an officer of the police department. Each applicant for a license under this division shall furnish the names of two reputable residents of the city, who have known the applicant personally, as references for the applicant's character and reputation. The Chief of Police shall determine whether all requirements for such license have been complied with, and shall issue or deny all motor bus licenses and renewals thereof. The Chief of Police may issue a temporary permit authorizing the applicant to drive a motor bus for not to exceed thirty (30) days pending the completion of his investigation and examination relative to the application for such license. Each licensee shall display his license with a picture of the licensee thereon, in a conspicuous place within the bus he is operating. The license required herein shall be renewed from year to year by the Chief of Police, either by endorsement upon the original license or by issuance of a new license. Any false statement made by the applicant in obtaining such a license shall invalidate the license. A license may be suspended for not to exceed thirty (30) days by the City Manager, or maybe suspended or revoked by the Board of Commissioners, after ten (10) days written notice of a public hearing, for any of the following causes: 1. Use of a motor bus for any illegal purpose.' 2. Failing to comply with any provision of this ordinance or with any rules and regulations issued hereunder, or of other ordinances of the city or of any state or federal law, rule or regulation. 3. Upon being arrested for driving while under the influence of intoxicating liquor, or other law authorizing the revocation of the license, and if convicted, his suspension shall be permanent, but if aquitted his license shall be immediately restored. 85 SECTION 11. Performance The Grantee shall not be required to execute a performance bond to the City for the faithful performance of the conditions of this grant, but the City reserves the right to cancel and withdraw the grant and privilege provided for herein upon any failure or default of the Grantee in the performance of any of the herein provisions, or for violation of the laws of the Commonwealtj of Kentucky, or of the City by the corporation, its owners, agents or employees. The rights and privileges granted herein shall not be construed to be in excess of those permitted under the present and future laws of the Commonwealth of Kentucky. i SECTION 12. Continuation of Authorization Notwithstanding the foregoing provision for a one year duration of this authorization, the authorization and permit shall continue thereafter from year to year unless terminated for cause, or unless either party shall give written notice to the other party prior to thirty days before the anniversary of the effective date of an intent to terminate and discontinue. By acceptance of this authorization, the Grantee agrees to continue the operation of a motor bus transportation system in the City of Paducah for the duration of the authorization and from year to year thereafter as may be extended, and shall not voluntarily terminate operations at the end of any such period without first giving thirty days written notice of such intent. SECTION 13. Seberability Clause If any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of 'such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 14. Effective Date and Emergency. This ordinance shall be introduced and remain on file for at least one (1) week for public inspecti in the completed form in which it shall be put upon its final passage, but it being necessary for the protection of the public health, safety and convenienc of the inhabitants of the city that bus service be inaugurates as soon as possible, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its final ad/option. Mayor Introduced by the Board of Commissioners March 17,/1:970 Passed by the Board of Commissioners March 24, 1970 Recorded by Sarah Thurman, City Clerk, March 24, 1970.