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HomeMy WebLinkAboutOrdinance - 654-1940 - Granting J.A. Fortenberry And Ray Farmer Franchise Over Streets. - 10/24/1940... See end orsement @f date 1-1-46 ~ on I n surance policy, changing ~ ~ own ership to J A Fertenberry. ~ Aut h orized by ~ity ~om. 1-24-46. ~ \0-2-4--l9Jfc \0-:26-1..9-40 It -OJ.f -l..9'-f0 \. _ _/ /0~ ORDINANCE NO. J/i) If -H '7 6 3 ~0.-12-~ au {)A. ~< ~, L 1 ') , , ~ t1 , t7 I I t /::/; I 0 7 ~ r-~ ""t ~ AN.QRDINANCE TO BE ENTITLED AN ORDINANCE GRANTING TO J. A. FORTENBERRY AND RAY FARMER A FRANCHISE OVER THE STREETS, ALLE.'YS AND PUBLIC THOROUGHFARES OF THE CITY OF LUBBOCK, TEXAS, FOR OPERATING BUSSES; PROVIDING FOR A COMPENSATION AND FIXING CHARGE FOR SAlffi; PROVIDING FOR EFFICIENCY OF SERVICE AND REASONABLE RATES; PROVIDING FOR FORFEITURE OF SAID FRANCHISE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE WITHIN THIRTY DAYS FROM THE DATE OF FINAL PASSAGE. BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS: SECTION 1: The right and privilege of operating a bus line under the name of Lubbock Bus Company within the City • of Lubbock through and upon its streets, alleys and public thoroughfares, is hereby granted to J. A. Fortenberry and Ray Farmer, hereinafter called grantees, for a period of twenty (20) years from the date this Ordinance takes effect, under and subject to the terms, stipulations and restrictions herein- after set out and expressly conditioned that the grantees here- under will fully comply with the provisions hereof. SECTION 2: Grantees shall pay to the City Tax Collector of the City of Lubbock an annual franchise tax of $25.00 for each bus operated by said grantees under the terms of this franchise; the first yearly payment to be made on acceptance by grantees of this franchise, and future annual payments to be made in advance each year on the same day and ~~~ month of said year, except that if additional buses are started ... .;.~JJP ·in operation at any other time of the year, there shall be paid , ""'~' ~ at the time for the remainder of said year the pro rate part of said franchise tax for said year. SECTION 3: A bus or motor bus, under the terms of this franchise, is hereby defined to be a motor driven vehicle, used for passenger service between fixed termini in said City ot .. : - .... Lubbock, Texas, and having a seating capacity of not less than twelve (12) persons, with an aisle of approach to the seats c=>· and with a distance from the rloor to the ceiling of the bus of approximately seventy-six (76) inches, except that in cases of emergency only the grantees herein shall have the right to operate smaller motor vehicles of a different type and of a carrying capacity of less than twelve (12) persons. ) SECTION 4: All buses operated under the terms of this franchise shall be of modern construction and .shall meet all safety requirements as prescribed by the ordinances of the City of Lubbock and the laws of the State of Texas, and shall have their entrances on the front of the right side. Grantees shall operate buses on a fixed schedule and at such hours and at such intervals of time as may be re-· quired by the public convenience. and necessity. Said grantees shall reduce their schedules to writing and file a copy of the same with the City Secretary and said schedule shall be subject to the following provisions, to wit: Said schedule may be changed from time to time by and with the consent of the ~ity Commissio~. Said schedule shall contain the number of hours each bus is to be operated, the route it shall follow and the time required to make a complete round tr~p. On special occasions such as foot ball and base ball games, falrs and circuses, etc., the grantees are hereby given the right to operate extra buses in such numbers as may be required to meet the transportation needs of the general public. The City of Lubbock shall have the power at all tlmes to compel the grantees to change their then existing schedules of operation in such a way as to meet the public necessity and convenience, provided that no change shall ever be made or demanded by the City Commission except after thirty days' written J ...;. notice to the grantees and after the adoption by .such City Commission of a resolution ordering such change, which resolution shall be adopted only after due and reasonable consideratioQ of the public convenience and necessity, and the taking into con- e=>· sideration of the net earnings of grantees from such operations and the then value of the franchise or grant here made, pro- viding further, that no such change or demand shall be made by the City Commission until the expiration of three months from any prior change made or demanded to be made by the City Commission. SECTION 5: The grantees and their ag.ents, servants and employees shall at all time~ comply with ~11 the traffic re3ulations and ordinances now in effect in the City of Lubbock or which may be here.after passed or enforced in so far as applicable. SECTION 6: The fare or charge for each continuous passage from terminus to terminus shall not exceed five {5t1 cents, except that by resolution of the City C~mmission upon due and reasonable consideration of the benefit to the public, the net earnings of the grantee from operation hereunder. and the value of the franchise herein granted. the said fare or charge may be by and with the consent o f the City Commission increased to an amount not in excess of ten {10~) cents for each continuous passage from terminus to terminus. SECTION 7: The routes to be traversed by buses of the grantees under this franchise shall be fully set forth in the schedule and the termini of each route shall be set forth in said schedule. SECTION 8: This franchise is granted and shall remain in effect only on the condition that the grantees herein shall make rendition of all their real and personal property taxable by the City of Lubbock on or before the first day pre- vided by law for rendering thereof, and shall pay all their 0 . I! taxes owing the City of Lubbock when due. SECTION 9: The grante~s are required and shall at all times keep each and every bus operated by them under the teP.ms of this franchise, fully insured, with a minimum of pro- perty damage in the ~ of $2500.00, and a minimum of public liability in the sum of $5000.00 1 in some reliable and thoroughly solvent insurance company authorized to do business in the State of Texas, and failure to so provide such insurance shall automatically terminate and cancel this franchise and all rights and equities herein granted. SECTION 10: Non-use of the franchise granted herein or failure on the part of the grantees thereof to use or ' exercise the rights, privileges and trancbise herein granted or to comply With the conditions herein or to perform the duties herein provided for a period of ninety days (90) shall ipso facto operate as a cancellation of said franchise and said franchise shall thereupon become null and void and of no effect. SECTION 11~ All the rights, privileges and franchise herein granted shall be subject to the provisions of the City ~ Charter of the City of Lubbock as it now exists or may hereafter at any time, be amended, and in particular, the rights, privi- leges and franehis~$ herein granted shall not take effect or become operative or vest any rights in the grantees herein except in accordance with the provisions of Section 18 of Article 2 of the City Charter of the City of Lubbock or as the same may hereafter be amended, provided that specific reference to this Section shall not operate to limit the provisions of any other part of the City Charter applicable. The rights and privileges and franchise herein granted shall never be sold, transferred and assigned to any person, firm, association or corporation by the grantees herein without first giving the City Commission of the City of Lubbock sixty (60) days notice of such intention to so sell, and the name of the proposed 4 .. purchaser. The City Commission shall have thirty days' time within which to investigate such person, firm, association or ~ corporation as to their financial ability and moral fitness and if, in the opinion of the majority of the City Commission, such intended purchaser is not financially able or morally fit to operate buses within the City of Lubbock, then and in that event such sale and transfer shall not be made and should the grantees violate the ter.ms hereof, said franchise and all rights hereunder shall terminate and be of no further force and effect. SECTION 12: All ordinances or parts of ordinances having reference to the operation of buses or other motor vehicles in conflict her ewith are hereby repealed in so far as the same may be applied to buses operating under and py virtue of this ordinance, provided, however, that all traffic ordinances and othe r ordinances affecting the operation of automobiles and motor vehicles are continued in full force and effect, unless the smne are in conflict herewith. SECTION 13: If any part of this ordinance shall be held invalid for any reason, no valid parts thereof shall be affected thereby. SECTION 14: This ordinance shall be binding upon the acceptance thereof in writing by the said J. A. Fortenberry and Ray Farmer within thirty (30) days after its final passage and taking effect thereof, and IT IS SO ORDERED. The foregoing ordinance was read ~the first time and passed to the second reading on the 24th day of October A. D. 1940, and ordered published. ATT~qi~ CtYsecretary yor 6 '· ' ~- ~·· ., --... •"" ... -:i The foregoing ordinance was read the second time and passed to the bhird reading on the 28th day of Oct., A. D. 1940. ATTEST: ~fll_~u{J. Citj'Secretary The foregoing ordinance was read the third time and passed and approved on the 4th day of Nnvember A. D. 1940, and ordered published as provided by the City Charter. ATTEST: By~~~~~~~~~---------- ~fA<ak~ 6 ·\ " _ ... ... ~ . .... The Honorable Mayor and City Commission City of Lubbock Lubbock County , Texas Gentlemen: Lubbock , Texas December 4 , 1940 \iJ e , the undersigned , accept the terms and conditions set forth in the Bus Franchise g ranted us , v;hich was passed at the first reading on October 24th , the second read:tng on October 28th and tbe third and,·f:i:na.l reading on November 4th, 1940 , and hereby agree to abide by and comply with all the terms and conditions of said ordinance . Witness our hands this the 4th day of December , A. D. 1940 . LUBBOCK BUS COMPANY 1 ·.