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HomeMy WebLinkAboutOrdinances Book 11, Page 637, No Ordinance Number637 AN ORDINANCE PROVIDING FOR A CHANGE IN THE RATES OR FARES TO BE EFFECTIVE ON AIID AFTER JANUARY 27Th, 1949, AND UNTIL SAID RATES OR FARES ARE REVISED IAT THE MANNER PROVIDED THEREIN, FOR PASSAGE UPON MOTOR BUSES OPERATED BY LiARY DEROI:TDA R1EKF,,, DOING BUSINESS UNDER 'RIE FIRM NAME OF THE PADUCAH BUS COMPA1,1Y, UNDER AND I PURSUANT TO TIE PROVISIONTS OF AN ORDINANCE ENTITLED: "AIT ORDINANCE DIRECTING THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SELL A FRANCHISE AUTHORIZING THE PURCHASER 1-0 MAINTAIN A:TD OPERATE DIOTOR (PASSENGER BUSES OVER AND UPON THE STREETS, AVENUES AND PUBLIC PLAYS I THE CITY OF PADUCAH AND FIXING THE TER.'.IS AND CONDITIONS OF THE EXERCI.,E 0 ' SAID GRANT", ','ITICH ORDINAIICE KNO'."I AS 11EOTOR ?US FRAidCHLSE �IIO. 2" WAS ADOPTED ON FEBRUARY 1st, 1944: AND AUTHORIZING THE TMAYOR I PRO TELL OF THE CI7'_' OF PADUCAH TC EI. ?TER INTO A FOURTH -SUPPLEMENTAL jCONTTR ACT ';LITE TILE SAID I+',ARY DERONTDA RIEKE FOR THE PURPOSE OF P,IAKING I SAID REVISED RATES EFFECTIVE ON APIC AFTER JANUARY 27TH, 1949; AND PRESCRIBING THE TERI.:S AND CONDITIOATS `IO BE CONTAIPIED IN! SAID CONTTRAgT WHEREAS, ;Lary Deronda Rieke, doing business under the firm (name of the Paducah Trus Company, is the ocm er of a rotor bus franchise created under the provisions of an ordinance entitled; "AN CRDI`TAiIq�E DIRECTING THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SEL A FRANCHISE AUTHORIZING THE PURCHASER TO I•IAIHTAIN APID OPERATE MOTOR PASSENGER BUSES OVER AND UPOII THE STREETS, AVENUES ATITD PUBLIC WAYS i IN THE CITY OF PADUCAH AITD FIXING THE TERMS AND CONDITIONS OF THE EXERCISE Or SAID GRANT" which ordinance known as "Motor Bus Franchi INo. 2" was adopted on February 1st, 1944; and I WHEREAS, under a contract entered into between the City of Paducah and the Zaid I:ary Deronda Rieke on I -larch 25, 1948, which cc tract is referred to herein as the Second Supplemental Contract, it was agreed that the rates or fares for bus transportation as provid under the First Supplemental Contract of August 30, 1947, should be continued in effect, but said Second Supplemental Contract containe the further provision that either party might, at its option, cance the provisions of said Second Supplemental Contract by giving to th other thirty (30) days notice in writing of its desire to enter into an agreement revising the fate structure; that upon the giving of said notice it should become the duty of the Company to employ, at its expense and within five (5) days after the end pf said thirty) (30) day period, a Certified Public Accountant, satisfactory to the) city, said Accountant to make an audit of all the Company's books, accounts and all records pertaining to the business of the Company for a period of one (1) year to ti+e date on .-hich said notice was Given, and said Accountant to make an audit of such other pertinent records as might be required by the '--card of Commissioners in its 638 effort to determine the amount of rates for bus transportation which will be fair and reasonable; and WHEREAS, on October 28, 1043, the City of Paducah exercised its option to cancel the provisions of the aforesaid Second Supplemental Contract by giving to the said ?Sary Deronda Rieke thirty (30) days notice in writing of its desire to enter into an agreere nt revising the fare structure; and WHEREAS, under a contract entered into between the City of Paducah and the said Teary Deronda Rieke on November 8, 1948, which contract is referred to herein as the Third Supplemental Contract, it was agreed that until the 27th day of Ja rnu ry, 1949, the Company would be released from its obligation under the aforesaid franchise ordinance to charSe a fare of only 5� per person for passage upon buses operated on the streets of the City of Paducah, and until the 27th day of January, 1949, a fare of 10� per person should be charged for one (1) continuous passage, and the fare to be charged any and all students going to and from school and any and all children under twelve (12) years of age at any time shall be 5p1 for one continuous passage; and INHEREAS, said Third Surplemental Contract further provided that the Company employ a Certified Public Accountant, satisfa(ttory to City to make an audit of the Company's books for the purposes pro in the Second Supplemental Contract under which the notice of cancellation was given; and WHEREAS, it was further provided in said Third Supplemental Contract that if the parties should fail prior to the 27th day of January, 1949 to reach an agreement fixing the fares for bus trans- portation or determining the time during which such change of fare structure should remain effective, said Third Supplemental Contract and the aforesaid Second Supplemental Contract should be automatica: cancelled as of the 27th day of January, 1949, in which event the fare to be charged by the Company on and after that date should be 5� for one continuous passage; and WHEREAS, said Company has filed with the City an audit prepared by a Certified Public Accountant pursuant to the aforesaid notice and the parties have entered into negotiations in an effort to reac an agreement fixing the fares for bus transportation on and after the 27th day of January, 1949; and 7VHEREAS, an agreement has been reached; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMV ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That on and after the 27th day of January, 1949, and until Lly 639 the rates or fares to be charged by Mary Daronda Rieke, doing business under the firm name of the Paducah Bus Company, shall be changed or revised in the manner provided herein, the fare shall be 10� per person for one continuous passage, and three (5) tokens for 2V shall be sold by her, one of such tokens being acceptable for one continuous passage thereon; provided, however, the fare to be charged any and all students oing to and from school, or an; and all children under twelve years of age at any time, shall be 5I for one continuous passage. SECTION 2. That Stuart Johnston, the idayor Pro Tem, be and he is hereby authorized and empowered, for and on behalf of the City of Paducah, to enter into a Fourth Supplemental Contract with the ssi� Nary Deronda Rieke, which said contract shall be in words and fiSLu as follows, to -wit: °iv017 THEREFORE, THE PREL'ISES CONSIDERED, the City hereby agreed that on and after January 27, 1949, and until the rates or fares for motor bus transportation shall be revised in the manner provided herein, the Company shall to released from its obligation 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, and it shall also be released from all obligations imposed under the provisions of any and all Supplemental Contracts entered into prior to this date, and said Company shall charge a rate or fare of 10¢ per person for one continuous passage upon motor buses operated by it, and three tokens for 25� shall be sold by her, one of such tokens being acceptable for one continuous.passage thereon; provided, however, the fare to be charged any and all students going to and from school, or any and all children under twelve (12) years of age at any time shall be 5p% for one continuous passage. IN CONSIDERATION WHEREOF the Company does hereby agree: (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. (2) That until the cancellation of this contract in the manner hereinafter provided, any change of routes, in schedules, or in the number of buses to be operated, as now established and operating, shall be reported to and approved by the city before becoming effective. IT IS MUTUALLY COVENANTED AND AGREED between the parties hereto as follows: 640 (1) That the aforesaid first Supplomenta7. Contract of August 30, 1947, the Second Supplemental Contract of Larch 25, 1948 and the Third Supplemental Contract of November 8, 1948, and all of the terms and conditions contained therein are hereby cancelled and the same are to be of no further force or effect. (2) That either party hereto may, at its option, cancel the provisions of this Fourth Supplemental Contract by giving to the other thirty (30) days notice in writing of its desire to enter into an agreement revising the fare structure. If the parties shall fail within said thirty (30) day period to reach an agree- ment fixing the fares to be charged for bus transportation or determining the time during which such change of fare structure shall remain effective, this Fourth Supplemental Contract and Mall of its provisions shall be automatically cancelled thirty (30) days after the date on which the aforesaid notice shall have been given, in which event the fare to be charged by the Company shall be 5� for one continuous passage, and all of the terms, agreements, conditions and covenants contained in this Fourth Supplemental Contract shall be cancelled and of no effect. (3) Should the parties fail to reach an agreement with reference to a revision of the fare structure by following the procedure provided herein and this Fourth Supplemental Contract shall be cancelled, the rights of each of the parties shall be governed by the provisions of the aforesaid i.:otor Bus Franchise No. 2, which was adopted by the L-oard of Commissioners on February 1, 1944, to the same extent as if this contract had not been entered into. (4) Except as modified by this Fourth Supplemental Contract, all of the terms, agreements, 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 TESTIMONY VlHEREOF, the City of Paducah has hereunto eaused its name to be subscribed hereto by Stuart Johnston, its Mayor Pro Tem, and its corporate seal has been affixed hereto by Sarah Thurman, City Clerk., and Mary Deronda Rieke, doing business under the firm name of the Paducah Bus Company has hereunto subscribed he: name this the 26th day of January, 1949. CITY OF PADUCAH, KENTUCKY ATTEST: By ' Mayor Pro Tem City Clerk Do ng business under the firm name of the Paducah nus Company 641 SECTION 3. • All ordinances and parts of ordinances in conflict herewith are, to the extend of such conflict, hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its adoption. Mayor Ot Tem Commissioner reo. A. Hann�tt) Passed by the Board of Commissioners January 26, 1949 Recorded by Sarah Thurman, City Clerk, January 26, 1949.