Loading...
HomeMy WebLinkAboutOrdinances Book 11, Page 159, No Ordinance Number15� ASI ORDINANCE IROVIDING FOP, AN INCREASE IDI IIIE FARES 7.O BE CHARGED FOR A TRIAL PERIOD OF SEVEN (7) P+IONTHS FOR PASSAGE UPON MOTOR BUSES OPERATED BY MARY DERONDA STEWART, DOIDiG BUSINESS UNDER THE FIR1.! NAME OF THE PADUCAH BUS COE.FANY, UNDER AND PURSUANT TO THE TERI.2 OF AN ORDINANCE ENTITLED: "API ORDINANCE DIRECTING 1HE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCIY, TO SELL A FRANCHISE AUTHORIZING THE PURCHASER TO MAINTAIN AND OPERATE MOTOR PASSENGER BUSES OVER AND UPON THE STREETS, AVENUES AND PUBLIC ?JAYS IN THE CITY OF PADUCAH AND FIXING THE TERI,13 AND CONDITIONS OF THE EXERCISE OF SAID ^RANT", WHICH ORDINANCE I{IIO'.!N AS "raOTOR BUS BRANCHISE NO. 2' WAS ADOPTED BY THE BOARD OF C0I,ue1I6SIONERS ON FEBRUARY 1s t, 1944; PROVIDING FOR `EE PREPARATION OF AIT AUDIT AFTER THE INCREASE IN FARES HAS BEEN IN EFFECT FCR A PERIOD OF SIX (6) EIONTHS FOR UM PURPOSE OF E'IiABLIriG TEE EOAP,D OF COI-H-I3SIONERS TO DETERMINE THE AI:OUIIT OF T1---E CHARGES FOR BUS TRANSPORTATION !JHICH P,OULD LE FAIR AND REASONABLE; AU`FHORIZING TiE MAYOR, FOR AND Oil EEHALF OF THE CITY OF PADUCAH, TO ENTER INTO A SUPPLEi_ENTARY CONTRACt NIIH THE SAID I.;ARY DERONDA STE';JART, INCREASING "'HE FARES TO BE CHARGED FOR BUS SERVICE AS PROVIDED HEREIN; AND PRESCRIBING 'THE TERMS AND CONDITIONS UPON IYIIICH SAID ADNSTrdENTS SHALL BE MADE DURING SAID PERIOD. 711HEREAS, Wary Deronda Stewart, doing business under the firm name of the Paducah Bus Company, is the owner of a franchise create under the nrovisions of an ordinance entitled: "ADI ORDINANCE DIREGTIi'JG YIiE CITY rWZAGER OF THE CITY OF PADUCAH, KENIUCIa, TO SELL A FRANCHIiE AUTHORIZING THE PURCHASER TO MAINTAIN APED OPERATE MOTOR PASSENGER BUSES OVER AND UPOPI THE STREETS, AVENUE AND PUBLIC WAYS Iii THE CITY OF PADUCAN AND FIXING THE TERIr,S AND CONDITIONS OF TPTE EXERCISE OF' SAID GRANT." which ordinance knownas "I.Iotor Bus Franchise No.2" was adopted by the Board of Commissioners on February lst, 1944; and, WHEREAS, under Section 7 of the aforesaid Motor Bus Franchise No. 2, the said Mary Deronda Stewart agreed and obligated herself t charge a fare Df only five (5) cents for one continuous passage on the buses operated by her until the expiration of the franchise period provided therein; and, WHEREAS, the said Mary Deronda Stewart has applied to the Boar• Of Commissioners for permission to increase the amount of fares or rates to be charged for the transportation of passengers upon the streets of the city as required under the provisions of said ordina�ice, claiming that efficient and satisfactory service cannot: be maintained by her uhless such permission is granted; and 160 "IHEREAS, it is deemed advisable by 'the Board of Commissioners to authorize an increase in the bus fares during a trial perios of seven (7) months, that an audit of the company's records be made after said increased fares have been in effect for a period of six (6) months, and that the ward then determine from said audit the rates for bus transportation which would be fair and reasonable. NOVI THEREFORE, BE IT ORDAINED LY ME BOARD OF COLM ISSIONERS THE CITY OF PADUCAH, KENTUCKY: SEC TION 1. That for a period of seven (7) months from and after the date on which Mary Deronda Stewart, doing business under the firm name of the Paducah Bus Company, shall increase the rates for bus servic as herein provided, the said Nary Deronda Stewart sltrall be released from her obligation under the aforesaid franchise ordinance to char, a fare of only five (5).cents per person for passage upon buses operated by her. During said period she shall charge a fare of ten (10) cents per person for one continuous passage thereon, shall sell two token for fifteen (15) cents, and accept a.token for one continuous passa; at any time during said period. Provided, ho -.,:ever, that the fare to be charged any and all students when going to and from- school, or any and all children under twelve (12) years of age at any time, shall be five (5) cents for one continuous passage. SEC TION 2. That the Mayor be, and he is hereby authorized and empowered for and on behalf of the City of Paducah, to enter into a supple- mentary contract with the said Mary Deronda Stewart, increasing th rates or fares to be charged for bus service as provided herein, a, said contract shall be in words and figures as follows, to -wit: "THIS SUPPLEIAENTARY CONTRACT, made and an- tered into this the _ day of August, 1947, by and between the City of Paducah, a Municipal corporation of the second class of the Commonwealth of Kentucky, (hereinafter referred to as the "City") party of the first part, and Mary Deronda Stewart, doing business under the firm name of the Paducah Bus Company, (here- inafter referred to as the "Company"), of Paducah, McCracken County, Kentucky, party of the second part; W I T 11 E S S E T H: WHEREAS, the Company is the owner of a franchise created under the provisions of an ordinance entitled: "AN ORDINANCE DIRECTING TIIE CITY MANAGER OF THE CITY 161 OF PADUCAH, I{EPITUCIa, TO SELL A FRANCHISE AUTHORIZING THE PURCIIASER TO UAINTAIN AND OPERATE MOTOR PASSENGER BUSES OVER AM UPON THE STREETS, AVENUES AND PUBLIC WAYS ITTTHE CITY OF PADUCAH AND FIXING TH!B TERMS AND CONDITIONS OF THE EXERCISE OF SAID GRANT", which ordinance known as "Motor Bus Franchise No. 2" was adopted by the Board of Commissioners on February 1st, 1944; and ArHEREAS, under Section 7 of the aforesaid Motor Bus Franchise No. 2, the Company agreed and obligated itself to charge a fare of only five (5) cents for one continuous passage on its buses until the expiration of the franchise period provided therein; and WHEREAS, the Company has applied to the Board of Commissioners for permission to increase the amount of fares or rates for the transportation of passengers in buses upon the streets of the City of Paducah, claiming that efficient and satisfactory service cannot be maintained by said company unless such permission is granted; and 71HEREAS, it has been agreed that said bus fares shall be increased during a trial period of seven (7) months, that an audit of the company's records be made after said increased fares have been in effect for a period of six (6) months in order that a fair and reasonable schedule of rates may then be agreed upon; and, WHEREAS, the City of Paducah, by and through its Mayor and Board of Commissioners, has adopted an ordinance providi for an increase in the fares or rates to be charged for bus service for a period of seven (7) months. NOW THEREFORE, the premises considered, the City hereby agrees that for a period of seven (7) months from and after the date on which the Company shall increase the rates for bus service as herein provided, the Company shall be released from its obligation under the aforesaid franchis ordinance to charge a fare of only five (5) cents per person for passage upon buses operated upon the streets of the City of Paducah. During said period the Company shall charge a fare of ten (10) cents per person for one continuous passage) shall sell two (2) tokens for fifteen (15) cents and accept one token for each continuous passage thereon. Provided, however, the fare to be charged any and all students when going to and from school, or any and all children under twelve years of age at any time, shall be five (5) cents for one continuous Passage. 1 162 In consideration whereof, the Company does hereby agree: (1) That at all times during the aforesaid period the Company shall furnish its drivers with tokens and have the same available for purchase on each of its buses. (2) That during said period of seven (7) months all of the routes and schedules which were established and in effect prior to July 14th, 1947 shall be maintained, the Company shall operate as a minimum the same number of motor passenger buses in as good condition as those in use prior to July 14th, 1947, and shall operate a unified transportation system as convenient and efficient as that which was maintained prior to that date. (u) That after the aforesaid increased fare schedule has been in effect for a period of six (6) months, the Company will make available for inspection and examination by a certified public accountant employed by the City, all of her books, records, accounts, and all records pertaining to the business of the Paducah Bus Company from February 16th, 1947, and said certified public accountant so employed by the City shall be permitted to make an audit of said records and furnish the Loard of Commissioners with such information as will enable it to determine the amount of rates for bus transportation which.will be fair and reasonable. (4) That the aforesaid audit shall be prepared within a period of fifteen (15) days after the ex:iration of the aforesaid six (6) months period. After the expiration of the aforesaid period of seven (7) months, the fare to be charged any and all persons taking passage on a bus shall be five (5) cents per person for one continuous passage unless some other fare structure shall be authorized by ordinance, in either of which events all of the provisions of said franchise ordinance shall remain and continue in full forte and effect to the same extent as if the fares had not been increased during ttB aforesaid trial period. (5) Except as modified by this Supplementary Agreement, all of the terms, agreements, conditions and covenants contained in the aforesaid franchise ordinance shall remain and continue in full force and effect during the aforesaid seven (7) monthis period. IN TESTIMONY'1VI-IEREOF,. the City of Paducah has hereunto caused its name to be subscribed hereto by . ' :"ayne C. Seaton, its Kayor, and its corporate seal has been affixed hereto by Sarah Thurman, City Clerk, and Mary Deronda Stewart, doing business under the firm name of the Paducah Bus Company has hereunto subscribed her name this the day and date first above written. ATTEST; City Cleric CITY OF PADUCAH, KENTUCKY By 163 Doin,, business under the firm name of Paducah Bus Company SECTION 3. All ordinances and parts of ordinances in conflict herewith are, to tIL- extent of such conflict, hereby repealed. SECTION 4. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file one (1) week for public inspection in the completed form in which it she be put upon its final passage, and if ad2,pted the same shall be in full force and effect ten (10) days trereafter. Ma yo r Introduced by the Board of Commissioners August 12, 1947 Adopted by the Board of Commissioners AuZust 19th, 1947 Recorded by Sarah Thurman, City Clerk August 19th, 1947.