HomeMy WebLinkAboutOrdinances Book 11, Page 455, No Ordinance NumberAN ORDINANCE PROVIDING F(R THE CONTINUATIOII OF THE
RATES MADE EFFECTIVE UNDER THE SUPPLEMENTARY AGREEI.IENT OF
AUGUST 30, 1947 FOR PASSAGE UPON MOTOR FUSES OPERATED BY MARY
DERONDA RIEKE, DOING E'USINE3S UI•I":ER THE FIRIJ NAME OF THE PADUCAH
EUS COMPANY, UNDER AND PURSUANT TO THE PROVISIONS Or AN ORDINANCE
ENTITLED: ".iN ORDINANCE DIRECTING THE CITY 14AIIAGER OF THE CITY OF
PADUCAH, KENTUCKY TO SELL A FRANCHI.;E AUTHHORIZING THE PURfHASER
TO MAINTAIN ADM OPERATE MOTOR PASSENGER BUSES OVER AND UPON T::E
STREETS, AVENUES AND PUBLIC WAYS IPI THE CITY OF PADUCAH AND FIXING
TIE TER' -.3 AND CONDITIONS OF Thr, EXERCISE OF SAID GRANT", 'W• -ICH
ORDIIIANCE KNOWN AS "MOTOR EUS FRANCHISE NO. 2" WAS ADOPTED ON
FEBR.:ARY 1, 1944; AUTHORIZING T:'E MAYOR, FOR, AND ON BEHALF OF
THE CITY OF PADUCAH, TO ENTER INTO A SUPPLEMENTAL CONTRACT Win -
THE SAID MARY DERONDA RIEKE TO COITTT_idUE SAID RA -ES IN EFFECT
UiITIL T'E CATCZLLATION OF SAID CONTRACT IN THE MANNER PROVIDED
THEREIN; AND PRESCRIBING T_'.E TER;<S AXD CONDITIONS TO BE CONTA INED
IN SAID CONTRACT.
'WHEREAS, Mary Deronda Rieke who was, before her marriage,
Mary Deronda Stewart, is engaged in business under the firm name
of the Paducah Bus Company, is the owner of a franchise created
under the provisions of an ordinance entitled: "AN ORDINANCE
DIRECTING THE CITY MANAGER OF THE CITY OF PADUCAH, TO SELL A FRAN-
CHISE AUTHORIZING THE PURCHASER TO MAINTAIN AND OPERATE MOTOR
PASSENGER BUSES OVER AND UPON THE STREETS, AVE2TUES AND PUBLIC WAYS
ISI TtIE CITY OF PADUCAH, AND FIXING THE TERMS AND CONDITIONS OF THE
EXIRCISE OF SAID GRANT" which ordinance known as "Liotor Bus Fran-
chise ITo. 2" was adopted by the Hoard of Commissioners on February
1, 1944; and
WHEREAS, Under Section 7 of the aforesaid Motor Bus Fran-
cbise No. 2 the said I,Iary Deronda Rieke agreed and obligated herse]
to charge a fare of only 5� for one continuous passage on its buses
until the expiration of the franchise period provided therein; and
'WHEREAS, under a contract entered into between the City
and the said Bary Deronda Rieke on the 30th day of August, 1947,
it was agreed that for a period of seven (7) months from and
after the date on which the said Lary Deronda Rieke shall increase
the rates for bus service as therein provided the said I::arj Deronds
Rieke would be released from her obliEat.ion under the aforesaid
_franchise ordinance to charge a fare of only 5/ per person for
passage upon buses operated upon the streets of the City of
Paducah, the fare durinZ said seven (^) months period to be 10�
per person for one continuous passa.Ze, and the said Mary DeDonda
j Rieke a`reed to sell two (2) tokens for 15;,1 and occeptt one token
for each continuous passage thereon, but the far-:: to be charged
any and all students main: to and from school, or any and all
children under twelve (12) years of age at any time, shall be 5/
for one continuous passa`e; and
!'ETREAS, the aforesaid trial period of seven (7) months
as provided under the Contract of August 30, 1947, will expire
on the 31st day of March, 1948; and
ViHEREAS, the parties hereto have agreed to an indefinite
extension of time Burin- which the aforesaid fares shall continue
in effect, subject to the conditions hereinafter provided;
111007 THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF T -HE CITY OF PADUCAH, KENTUCKY:
SECTION 1.
That the present rates of fare for passage upon motor buses
operated by Mary Deronda Rieke, doing business under the firm
name of the Paducah Bus Company, hereinafter referred to as the
"Company", shall be continued in effect, subject to the terms and
conditions provided herein, and that the I,ayor be, and he is
hereby authorized and empowered, for and on behalf of the City of
Paducah, hereinafter referred to as the "City"' to enter into a
supplemental contract with the said Liary :eronda Rieke, and said
contract shall be in words and fiCures as follows, to -wit: -
"`107.7 THEREFORE THE PREi„ISES CONSIDERED, the City hereby
aurees that until the cancellation of this Supplemental
Contract in the manner hereinafter provided, the Company
shall be released from its o:liz-�ation under the aforesaid
franchise ordinance to charge a fare of only 5X per person
for passage upon buses operated upon the streets of the
City of Paducah. A fare of 10per person shall be
charred for one continuous passal-e and the Company shall
sell two (2) to'.cens for 15p and accept one token for each
continuous passage thereon. Proviede, however, the fare
to be charged any and all students when -oing to and
from school, or any and all children under twelve (12)
:Iegrs of age at any tire, shall be 5� for one continuous
passaSe.
CCNSIDERAT_OS: T.-:EREOF the Company does hereby acree:
(1) That until the cancellation of this contract
in the manner hereinafter provided the Company shall furnish
its drivers with tokens and have the same available for
purchase on each of its buses.
4.5.7
(2) That until the cancellation of this contract in
the manner hereinafter provided all of the routes and
schedules now established and in effect shall be maintained,
the Company shall operate as a minimum the same number of
motor passenger buses in as good condition as those now in
use, and shall operate a unified transportation system as
convenient and efficient as the system which is now being
operated, but the Company may at any time request a mod-
ification of these provisions and the City may grant such
request if its leZislative body finds that conditions re-
euire a change in the routes or schedules which are now being
maintained.
"It is mutually covenanted and agreed between the parties
hereto as follows:
(1) That tie aforesaid Supplementary Contract of
August 30, 1947, and all of its terms and conditions are
hereby cancelled and the same are to be of no further
force and effect.
(2) That either party hereto may, at its option,
cancel the provisions of this Supplemental Contract by
giving to the other thirty (30) days notice In writing
of its desire to enter into an aCreement revising the
fare structure. Upon the givinv of such notice, it shall
be the duty of the Company to employ, at its expense and
within five (5) da,Ts after the end of said thirty (30)
day period, a Certified Public Accountant, satisfactory
to the City, said kccountant to make an audit of all the
Company's books, accounts and all records pertaining to
the business of ti -e Paducah Bus Company for a period of
one year prior to the date on which said notice shall have
been given, and said Accountant shall make an audit of such
other pertinent records as maj be required by the Foard of Comm-
issioners in its effort to determine the amount of rates for bus
tranaportat ion which will be fair and reasonable. The
audit report shall be filed with the City of Paducah within
twent;T-rive days after the anointment of the Accountants.
If the parties shall, within a period of thirty (30) days
after the f ilinC of said audit report, fail to reach an
arg,reement fixing the fares for bus transportation or deter-
mining the time d1.mintr which such change of fare structure
shall remain effective, this Supplemental Contract and all
of its nrovisions shall be automatically cancelled, in which
event the fare to be c harSed by the Company shall be 5/
for one continuous passage and all the terms, agreements,
conditions and covenants contained in this Supplemental
Contradt shall be cancelled and of no effect.
(3) Should the parties fail to reach an agreement
with »eference to a revision of t! -,e fare structure by
followln; the procedure provided herein and this Supple-
mental Contract should be cancelled, th- ri?hts of each
of the parties shall 'ce „overned by the provisions of the
aforesaid Motor Eus Franchise No. 2 which was adopted by
the Board of Co.:r-iaioners on February 1, 1944 to the same
extent as if this contract has not been entered into.
(4) Except as modified b. this Supplemental Contract,
all of the terms, areements, conditions and covenants
contained in the aforesaid franchise ordinance shall remain
and continue in full force and effect, and the same shall -
be in effect until the cancellation of this contract in
the manner set out above.
"IN !IITNESS 114*HEREOF, the City of Paducah has hereunto
caused its name to be subscribed hereto by Gene Peak, its
Mayor, and its corporate seal has been affixed hereto by
Sarah Thurman, City Clerk, and 'ary Deronda Rieke, doing
business under the firm name of the Paducah Eus Company has
hereunto subscribed her name this the day and date first
above written.
C I 1 Oc' PADUCAH, KENTUCKY
uy
Major
ATTEST:
City Clerk —
Doin, business under the —fix
name of Paducah Bus Company
SECTION 3.
All ordinances and parts of ordinances in conflict here-
with are, to the extent of such conflict, hereby repealed.
SECTIO`; 4.
This ordinance shall be introduced at a reCular meeting
of the 'card of ^ommi:asionera and remain on file one (1) week
for public inspection in the completed for, in rhich it �1
be put upon its final passage, and if ado t d the same shal'1 be
in full force and effect ten (10) dais t. after.
introduced by the 12oard of Commissioners, :.:arch 9, 19,18
Adopted bj the --pard of Commissioners, '"arch 16, 1948
Recorded by ;arah Thurman, City Cleric, "arch 16, 1948.
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