HomeMy WebLinkAboutOrdinances Book 10, Page 948, No Ordinance NumberII MOTOR BUS F'RAC:CHI3E ORDINANCE NO. 2
AN ORDINANCE DIRECTING TIME CITY MANAGER OF HE CITY OF
ii PADUCAH, KENTUCKY TO SELL A F'PANCIIIJE AUTHORIZIIG THE PU13CIIASER
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TO MAINTAIN AND OPERATE BIOTOR PASSENGER LiU3E3 OVER AND UPOPI THE
STREETS, AVENUES AHD PUBLIC VIAYS IN THE CITY Ct� PADUCAH AND
i FIXING THE TER1.113 A!"D COIIDITI01,I3 OF THE EXERCISE OF SAID GRANT
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BE IT ORDAINED b;r the board of Commissioners of the city of
Paducah, Kentucky:
ARTICLE 1.
That the City 1.-anager of the City of Paducah, be and he hereby
7' is, authorized to' sell upon the terms hereinafter stated the
i!following franchises, bo -wit: Llator Bus Franchise.
FRA ICHISE
Section 1. That the purcharver of this franchise, and his or !
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lits successors and assi^ns, all hereinafter called the "Grantee"
its hereby granted for the term and subject to the conditions and
(limitations hereinafter stated, the right, privilege and franchise
to maintain and operate motor passenger busses constituting a unified
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transportation system over and upon such streets, avenues and public
ways of the City of Paducah hereinafter called 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 discontiiue
any route or routes after same shall have been established, provided
that such change or discontinuance shall not interfere with the i
public convenience.
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Section 2. The Grantee shall at all times use motor busses
operated by gasoline, electricity or other approved mechanical
power, provided no poles or,i:ires will be installed without the
consent of the City, which shall be of modern design and fully
equipped with all safety appliances in general use, and shall main-
tain the same in a clean, sanitary condition and in good repair,
properly lighted from dark to dawn and heated in ;:inter, and the
City, through its proper officers or employes, shall have the right;
to inspoct the busses at any time and require the removal from
service of any bus failing to comply ::ith the provisions of this
ordinance.
ppction 3. busses slall be operated over the various routes,]
which may from time to time constitute the operating system within
the City'of Paducah, continuously between the hours of 5:45 o'clock;
A. LT. and 11:00 o'clock P.L7. each day, provided, however, the Grantee
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shall not be required to operate on any routes or schedules unless
revenue is adequate to pay a reasonable amount- of the cost of s,ic4
operations. The Grantee %.,Ill be required to publish its schedule
over the various routes served by publishing same in a newspaper
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of General circulation in the City of Paducah and by posting notices
in various parts of the City of Paducah, and when any changes are
made in any schedule such changes shall be published as herein
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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 Kentucky applicable to Grantee and its
II 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 btys system and its repair shop within the City.
SECTION 7. The fare to be charged for one continuous passage
shall be five (5) cents.
SECTIO31 3. 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 acclepted
Ii by the Grantee when presented by such passenger to the operator
of the Grantee's next connecting motor bus not going to or returning
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by the same route or any other route which will enable the passen-
ger to return to Lone V.LClnlby from Wn1Cl1 ILV u1't`1u411y aU— U—j
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
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franchise shall, in accordance with the terms and conditions of same,
maintain a continuous, adequate and sufficient system of trans-
portation in the City; provided, however, that Grantee shall not be!
liable for interruptions in or failure of its transportation
service under this franchise which may be caused by strikesm riots,`
acts of God, or emergencies or circumstances beyond its control.
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J� SECTION 10. The City shall not be liable to the Grantee for j
Jany delay or any loss, that may result to the Grantee from the
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construction, repairing or closing of any streets, avenues or
l public ways of the City, or that may be caused by any public
emergency or by the construction, laying, reconstruction or re-
pairing of any sewer, water, gas or other pipes or lines or
lappliances connected therewith, or by any delay that may be caused
by fire, or by accident or emergency resulting from any constructiol
work of any kind or character along, in, on or near any of the stre�ts
avenues or public ways of the City, nor for any accident resulting
from Grantee's use of any street over which its busses operata.
SECTION 11. The Grantee binds himself or itself by the
acceptance of this franchise to indemnify, keep and hold the City
free and harmless from liability on account of injury or damage
to all persons and property resulting from the operation and
maintenance'of motor bus transportation by Grantee under this
franchise, and in the event that suit shall be brought 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 of Paducah, shall then defend tl.e 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 judgment and all costs
of such suit and hold, the City harmless therefrom.
The Grantee shall further execute and cause to be executed,
and deliver to the City of Paducah a good and sufficient bond in th
penal sum of ;$5,000.00 conditioned that the Grantee shall faithfully
perform all the conditions of this franchise, by supplying and I
furnishing adequate and sufficient motor transportation as contem-
plated in this franchise during the life of said franchise, and will
cause said bond or renewals thereof to be continued in force throug(_
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out the life of this franchise, and which bond and renewals thereof
shall be filed with the City of Paducah, and kept on file by said
City, and said bond shall be so conditioned that upon the breach of�
t'e conditions hhereof and of said bond by failure of the Grantee to
furnish and contin}xe adequate motor transportation as herein pro-
vided during the continuance of this franchise, that such violation'
and broach of the conditions hereof stall constitute a forfeiture
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of said franchise and said sum of t11�5,000.00 so evidenced by said I
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bond, shall be and become liquidated damaCos, and recovered by and
paid to said City as liquidated damages for breach and violation
of said franchise, provided, however, that the provisions hereof
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with respect to the forfeiture of said franchise shall not be in
effect until 90 days after the Grantee has riven written notice to i
the City of Paducah of its acceptance of said franchise and the
torras thereof.
SECTION 12. The Irantee shall obtain and file with the
City Clerk of the City and continue to keep in full force and effect
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durin` 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 from 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 more than „:50,000.00 for the injury or death of any one person,
and not less than ;;150,000.00 for the death or injury bo all person
affected by any one accident, such coverage to be for all trans-
portation vehicles used for service herein authorized, and not less
than y1,000.00 for the benefit of passengers and persons excepting
the Grantee herein, who may suffer property damage in any one acci-
dent resulting from the negligent operation and m9sintenance of afora
said motor bus transportation equipment, of and by the Grantee herein.
Saz:5•insurance or bond or bonds to the amount required in this
franchise shall be kept in full force and effect by the Grantee
during the entire duration of this franchise. Such bonds or
policies of insurance as the Grantee is required hereby to executd
and deliver to the City of Paducah, shall, as to form of bonds or
policies, and the solvency of such Bonding and Insurance Companies,
be subject to the approval of the Eoard of Commissioners of the City
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of Iaducah.
SECTION 13. The ^,rantee shall not permit any of its busses,
conveyances or equipment to stand or be located on the streets or
publieways of the City for a lonZer period than may be reasonably
necessary for the receiving and discharging of Grantee's passengers.
SECTIOP: 14. The Grantee shall keep and maintain all of its
transportation facilities, busses and equipment used in the exercise
of its rihts and privileges under this franchise or in connection
therewith, in good order and condition so that the saute shall not
menace or endanger the .life or property of any person.
SECTIOi: 15. The Grantee sha-1, as a further consideration
for the granting of this franchise and in ai:dition to the price
paid for same, pay to the City on ti-lo first day of January of each
year during the term of this franchise on each bus used in the
transportation of passengers under and in accordance with the terms
of this franchise the sum of 4,100.00. The amount so paid each yo
�I on such busses shall be in addition to the license or wheel tax
�i on motor vehicles hereunder on and after the acceptance of the
chine 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 tha
within ten (10) days from -the date of acceptance thereof, he, or i
will commence transportation operation under and along the streets
avenues, and publicways of the City in accordance with the terms
this franchise, and he, or it, hereby expressly agrees that unless
said operation is commenced within said time, all of his, or its,
rights and privileges hereunder shall be immediately forfeited.
ARTICLE II.
The above franchise shall be sold at public auction at the
City 1.'anagerfs office in the City of Paducah to the highest and bes
bidder. Each bidder shall be required to de.,osit with the City
Manager at least one hour before the time for selling the franchise
the sum of yp250.00 in cash or a check for said amount certified by
a bank being 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 hereinafter provided i
Article V.
If the successful bidder accepts the franchise, said deposit
sl all be applied by the City as a crddit on the price to be paid by
the bi der. All other checks and moneys shall be immediately j
returned to the respective bidders who deposited same with said I
City Manager.
Every person, firm, corporation or concern, in addition to
depositing with said City 1.1anager aforesaid .,;250.00 in cash or sucr
certified check as above provided, shall at least twenty-four hours�u
before the time designated for the selling; of said franchise, and
a condition precedent to his or its right, to bid on said franchi
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and as a necessary qualification of such person, firm, corporation
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of concern as a bidder on said :franchise file w1th the City i6anagerI
data, information and evidence on which such person, firm, corpor-
ation or concern proposing to bid on aforesaid franchise relies to
show that he or it has the capital and has had experience in the 1
operation of a public motor transportation system for the trans-
portation of passengers, sufficient to furnish adequate, safe and
efficient transportation service for the public, in full compliancq
with all of the terms, conditions and provisions of aforesaid
franchise.
ARTICLE III.
j Said franchise shall be sold by said City l:Ianager within
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tizirty (30) days after this ordinance becomes effective and at
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1I 12:00 orclock noon. The exact date of said sale sha-11 be fixed
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by the Board of Commissioners. Before making said sale, however,
said City Manager shall cause to be advertised the time, terms andl
conditions thereof in the official newspaper of the City of PaducaFf
which advertisement shall be published at least five (5) days, in-
cluding Sundays, next prior to and including the day of sale.
ARTICLE IV.
Said City Manager shall sell said franchise herein directed
to be sold, for a sum of not less than }500.00, to be paid by the
successful bidder as hereinafter provided in Article V. 1
ARTICLE V.
The successful bidder shall file with the Board of
Commissioners within five (5) days after the sale of said franchise
a written acceptance thereof 1n 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 provide
for in Article II.
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The purchaser or any subsequent 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 citing thereof has been filed with and approved'
by the board of commissioners or other legislative body of said
City.
ARTICLE VI.
+� In the event that the succes �ful bidder for said franchise'
shall fail to pay the purchase price at the time anti as herein
provided, the City I?anager shall again irrmrediately advertise said
franchise for sale in the manner and upon the same terms as herein
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(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 LSanager shall again, in like manner,
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'advertise for sale such franchise and continue to do so until such
franchise is purchased by some bidder who can and will comply with
the 'terms hereof.
ARTICLE VTI.
Said City L4anager 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 franchiser
ARTICLE VIII.
The provisions of this ordinance are severable and should
any section or article, or oart of any section or article or any
provision of this ordinance be adjudged to be invalid, the
remaining provisions shall continue in full force and effect, it
belnC the legislative intent of the Cityls Legislative body that
this ordinance would have been adopted has such unconstitutional
or void provisions not been included therein.
ARTICLE IX.
This ordinance shall be introduced at a regular meeting
lof the Board of Commissioners and remain on file at least one week
:.for public inspection in the completed form in which it shall be
!put upon its final passage, and if adopted, it shall be in full
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jforce and effect ten (10) days from and after its adoption.
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Introduced, January 25th, 1944
Passed by the board of Commissioners, February 1st, 1944
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Recorded by Rudy dtewart, City Clerk, February 2nd, 1944.
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