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HomeMy WebLinkAboutOrdinances Book 13, Page 245, No Ordinance NumberAN ORDINANCE GRANTING AN AUTHORIZATION AND PERMIT TO PADUCAH TRANSIT CORPORATION FOR THE ESTABLISIMENT, MAINTENANCE AND OPERATION OF A MOTOR BUS TRANSPORTATION SYSTEM IN THE CITY OF PADUCAH, KENTUCKY FOR THE TRANSPORTATION FOR HIRE OF PASSENGERS AS A M13,1011 CARRIER; FIXING THE TERI-IS AND CONDITIONS OF SUCH GRANT AND DE - GLARING AN E`iERGENCY TO EXIST BE IT ORDAINED BY THE BOARD OF COP14ISEIONERS OF THE CITY OF PADUCAH, KENTUCKY: WHEREAS, Paducah Bus Company is no:•r operating a motor bus transportation system in Paducah, Kentucky for the transportation for hire of passengers as a common carrier, and 11HEREAS, the franchise previously held by Paducah Bus Company for such operation has expired, and WHEREAS, said Paducah Bus Company has notified the City of Paducah that it intends to cease its operation of such system on December 31, 1954, and VMREAS, the City of Paducah, by resolution adopted by its Board of Commissioners, has petitioned the Department of Motor Transportation of •the Commonwealth of Kentucky to conduct a hearing as to whether or not there hill be a necessity and demand for such a motor bus system after December 31, 1954; and WHEREAS, said Department of Motor Transportation has declared that suc# necessity and demand will exist, and WHEREAS, Paducah Transit Corporation has f'equested an Authorization from the City of Paducah, Kentucky to operate a motor bus transportation system in the City, and WHEREAS, the Board of Commissioners of the City of Paducah is of the opinion that said Paducah Transit Corporation is a duly qualified company and desires to grant such authorization to it. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMEESSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Definition of Terms. Wherever the word "grantee" shall appear it shall mean Paducah Transit Corporation,a corporation organized and existing under the laws of the Commonwealth of Kentucky. The term "City" means the City of Paducah, Kentucky, a municipal corporation, but whenever the term "city" is used in a territorial sense, it shall be held to refer to the •territory includef within the corporate limits of such city, as such limits may from time to time exist and to such additional territory as may, for the purpose of this ordinance, come under the jurisdiction of said city. 245 x ✓ j. 246 TNAEp 3 The term "Board of Commissioners" means the present governing body of the City, its successors, or the incumbents of any offices hereafter created by law who may perform the functions now performed by the Board of Commissioners. The term "streets" means thestreets, avenues, alleys, bridges and other public places in the City however they may be designated. SECTION 2. Iiature of Grant. The authority, right and privilege is hereby granted to the grantee for a period of ten (10) years from and after the 1st day of January, 1955 to establish, maintain and operate a motor bus service for the transportation for hire of passengers only, by trackless vehicles propelled by power generated by gasoline, crude oil, electricity, or otherwise, over and upon the streets of the City; all in accordance with the general traffic rules and regulations of the City, and in accordance with the terms, conditions and provisions of this ordinance. SECTION 3. Routes. LL/ Operation of motor bus transportation service shall be es- tablished, operated and regularly maintained upon the hereinafter designated streets, and in the event of interference with or obstruction to the said transportation service, so fixed and determined, by reason of the physical condition of the streets, the nearest available and conveniently operative temporary alternate route shall be used until such interference or obstruction shall be terminated. The streets and routes to be established and maintained by the grantee shall be as follows: -1 ROIZANDTOVIN ROUTE Beginning at 3rd and Broadway streets, north on 3rd street to Jefferson streer, west of Jefferson street to 6th street, north on 6th Street to Clay street, west on Clay street to 11th street, north on 11th street to Park avenue, west on Park avenue to 12th street, north on 12th street to Palm street, west on Palm street to 13th street, north of 13th street to Adkins avenue, east of Adkins avenue to Cairo road, south on Cairo road to Palm street and return via same route to 6th street and Broadway, east on Broadway to beginning point at 3rd and Broadway streets. a2 AVOIIDALE ROUTE Beginning at 3rd and Broadway streets, north on 3rd street to Jefferson street, west on Jefferson street to 17th street, south on 17th street to Broadway, west on Broadway to 32nd street, north on 247 32nd Street to Jefferson street, west of Jefferson street to 34th street, north on 34th street to Central avenue, wrst on Central avenue to 36th street, north on 36th street to Pines Road, east on Pines Road to 35th street, southeast on 35th street to 32nd street, south on 32nd street to Broadway, east on Broadway to beginning point at 3rd and Broadway streets. I =2 ARCADIA ROUTE Beginning point at 3rd and Broadway streets, north on 3rd street tom Jefferson street, west on Jefferson street to 17th street, south or 17th street to Broadway, west on Broadway and continuing west on Buckner Lane to Sycamore Drive, south on Sycamore drive to Blandville Road, east on Blandville Road to U. S. 45, north on U. S. 45 to Broadway, east on Broadway to beginning point at 3rd and Broadway streets. i�3 GUTHRIE ROUTE Beginning at 4th and Broadway streets, south on 4th street to Kentucky avenue, west on Kentucky Avenue to 19th street, south on 19th street to Jackson street, west on Jackson street to 28th street, south on 28th street to Schmidt street, east on Schmidt street to Mayfield road, south on !,Layfield road -to Markham avenue, turn around and north on i•-Tayfield road to Guthrie Avenue, west on Guthrie Avenue to 19th street, north on 19th street to Broadway, east on -roadway w -to beginning point at 4th and Broadway streets. j�'4 UNION STATION Beginning at 4th and Broadway streets, south on 4th street to Kentucky Avenue, west on Kentucky Avenue to 10th street, south on 10th street to Tennessee street, west on Tennessee street to 11th street, south on 11th street to Caldwell street, west on Caldwell street to Caldwell avenue, south on Caldwell avenue to Brown street, southeast on Brown street to Green street, turn around and return via same route to 10th and Broadway streets, east on Broadway to beginning point at 4th and Broadway streets. ,f5 TYLER ROUTE Beginning point at 4th and Broadway street, south on 4th street to Kentucky Avenue, west on Kentucky avenue to 6th street, south on 6th street to Broad street, west on Broad street to Bridge street, south on Bridge street to Clements street, east on Clements street to Powell street, south on Powell street to Locust drive, west on Locust drive to Benton Road, south on Benton Road to Oaks road, turn around and return via same route to 6th and Broadway streets, east of Broadway to beginning point at 4th and Broadway streets. 248 ,#6 NOBLE PARK ROUTE Beginning point at 3rd and Broadway streets, north on 3rd street to Madison street, west on Madison street to 13th street, north on 13th street to Clay street, west on Clay street to 21st street, north on 21st street to Park Avenue, west on Park avenue to Thompson avenue, south on Thompson avenue to 28th street, north on 28th street to Park avenue, return via same route to 6th street and Broadway, east on Broadway to beginning point at 3rd and Broadway streets. #7 LONE OAI{ ROUTE Beginning point at 3rd and Broadway streets, north on 3rd Street to Jefferson street to 17th street, south on 17th street to roadway, west on Jroadway to Lovelaceville Road, south on Lovelaceville Road to Clinton Road in Lone Oak, return via same route using Broadway to 3rd and.Broadway streets. No change in such routes shall be made by the grantee except by authority of an ordinance adopted by the Board of Commissioners of the City. SECTION 4_ 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 week days excluding holidays, which holidays so excluded are New Years Day, Decoration Day, July 4th, Labor Day, Thanksgiving and Christmas, and shall operate on schedules not in excess of thirty (30) minutes, and sixty (60) minutes on Lone Oa.k route. Five times each day except Sundays and Holidays. For the first two months covered by this authorization, the grantee shall operate on Sundays between the hours of 7:45 o'clock A.M. and 6:30 o'clock P.M. After the expiration of such trial period of two months, the grantee shall not be required to operate its buses on Sundays if such operation prohibits it from making a reasonable return of profit on its investment. The City shall maintain the streets used by the grantee in suitable condition for its operation, blit for failure to do so the City shall in no event be held liable for damages, nor shall the: City be deemed to have violated this grant in case of obstruction of any street for any reason whatsoever. The grantee shall not use the streets so as to interfere in any way with the safety and convenience of the public in the Bourse of ordinary traffic and travel, and shall not interfere in any way with the use to which the city shall put such streets and public property. • SECTION 5. TRIPPER SERVICE The grantee shall furnish and provide additional service known as "tripper serviceT7 at such times and over such routes as necessary to furnish reasonably adequate service upon special occasions as conditions may from time to time require. The grantee shall not be required to furnish more than 2% of the maximum number of buses in use during normal peak hour operation for any such special i service, including school services. The grantee shall charge the same rate or rates of fare for such tripper service as are hereinafter permitted to be charged for its regular service. 249 SECTION b. FARES. Fares covering one continuous ride within the city limits shall be: 15¢ cash fare; 8 Tokens or tickets entitling the purchaser to 8 rides f or 5'11.00; 10� fare at all times for all bina fide school children attending school in the city to and including the last year of high school; Children under 5 years of age, when accompanied by an adult fare paying passenger shall be carried free of charge. The fare covering one continuous ride on the Lone Oak Route where the ride is made both within and without the city limits shall be 30�, or 2 tokens or tickets. Transfers shall be issued by the grantee to any passenger at the time he or she pay the fate hereinbefore set out. All transfers shall be limited to the same or diverging directions, and no transfer shall enable a passenger to ride to the vicinity from which he or she started without paying the second fare. A transfer issued shall be used by the person to whom it is issued only and on the next bus leaving the point of transfer. The grantee may make such reasonable rules and regulations as it may deem necessary to prevent the misuse of transfers; and in its discretion has the right to charge 1� femr each transfer issued. SECTIO_Z_ 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 370 250 of liability insurance or a bond or bonds of indemnity, as the grantee may elect, 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 said Depart- ment of Motor Transportation, and shall be carried on each motor bus operated in a sum not less than that provided by Kentucky Revised Statutes. SECTION 8. BUS STOPS The grantee may designate such bus stops as it may desire and shall have the right to equip the 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 operations to the end that the safety, convenience and welfare of the patrons and public may be provided for and safe guarded. SECTION 9. TAXES The grantee shall pay to the City the sum of j1.00 per year in lieu of all occupational license taxes and wheel taxes for a period of five (5) years after which this section may be repealed. All property taxes and franchise taxes imposed by Statutes shall be paid by the grantee. SECTION 10. INDEI-INITY. The grantee, by the 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, then the grantee shall pay such judgment and all costs and hold the City harmless therefrom. 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 privileges provided for herein upon any failure or default of the grantee.in the performance of any of the herein provisions but the grantee shall not be deemed to be in default for the 251 performance of any provision of this grant due to strikes, lock -outs, civil insurrections or disorder and Acts of God. 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. SECTION 12. SEVERABILITY 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 13 This ordinance shall be introduced and remain on file for at least one (1) week for puolic inspection 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 convenience of the inhabitants of the city that bus service be continued un- interrupted, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption. i+layor Introduced by the Board of Commissioners December 21, 1954 Passed by the Board of Commissioners, December 28, 1954 Recorded by Sarah Thurman, City Clerk, December 28, 1954.