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Home My WebLink AboutOrdinance - 703-1944 - Amend Ordinance 654 - 12/14/1944S ee e ndorseme n t of dat ~-1-46 •.i.ttac.he d to I ns .Policy , chan ~ing . ~ners~ip to J A Fort e nberry . AUtfior~z ed 1y UitY ~o m., 1-24 -46 . ORDINANCE NO. 7 0 3 1'2-I L+-tS 4-1+ 01-ZG-l.9J...\..S .... _ AN ORDINANCE TO AMEND ORDINANCE NO. 654, PASSED BY THE CITY CO MMISSION OF THE C'fTY OF LUBBOCK AT ITS SECOND AND FINAL READING NOVEMBER 4th, 1940, THE SAME BEING AN ORDINANCE GRANTING A FRANCHISE TO J. A. FORTENBERRY AND RAY FARMER TO OPERATE A BUS LINE IN THE NAME OF LUBBOCK BUS COMPANY, WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, UPON ITS STREETS, ALLEYS AND PUBLIC THOROUGHFARES; SAID ORDINANCE BEING AMENDED · BY AMENDING SECTION 2 THEREOF SO AS TO CHANGE THE ANNUAL FRAN- CHISE TAX FROM $25.00 FOR EACH BUS OPERATED BY THE GRANTEES TO TWO PER CENT (2 %) OF THE ANNUAL GROSS RECEIPTS OF THE IDBBOCK BUS COMPANY RECEIVED BY IT FROM ITS OPERATIONS ON THE STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF LUBBOCK AND FURTHER AMENDING SAID ORDINANCE NO. 654, m-ADDING THERETO SECTION 2-A PROVIDING FOR THE QUARTERLY PAYMENT OI<' SAID FRANCHISE TAX AND STIPULATING THE TIME AND DATE OF SAID QJJARTERLY PAYMENT AND EXCLUDING FROM THE GROSS RECEIPTS OF SAID GRANTEE ALL RECEIPTS RECEIVED BY GRANTEES FROM THE OPERATION OF SCHOOL BUSES; AND PROVIDING THAT EXCEPr AS AMENDED ORDINANCE NO. 654 SHALL IN ALL OTHER RESPECTS REMAIN IN FULL FORCE AND EFFECT •. WHEREAS, on the 4th day of November, 1940, the City of Lubbock, Texas, duly passed Ordinance No. 654, giving and granting to J. A. Fortenberry and Ray Farmer, the right and privilege to operate a. bus line in the name of Lubbock Ens Company, over and upon its streets, alleys and tho»ougbfares within its corporate limits. And, WHEREAS, Section 2 of said Ordinance provides for and requires the grantees to pay to the City Tax Collector of the City of Lubbock an annual franch ise tax of $25.00 for each bus operated by the grantees under the terms of said franchise. WHEREAS, J. A. Fortenberry aDd Ray Fanner, the present legal and equitable owners and holders of said fran- chise, have made an otter in writing to the City of Lubbock to change the amount and the method of paying the franchise tax provided for in Saction 2 of said Ordinance No. 654, and have offered to pay in lieu of said franchise tax so provided by said ordinance No. 654, to the City of Lubbock, an annual franchise tax of two per cent (2%1 of the annual groas receipts received by the grantees from the operation of the Lubbock J:Ua .. ' J • Company on and owr its streets, alleys and public thoroughfares of' the said City, e~cepting therefrom a~l receipts received by the grantees trom the operation of school buses. And, WHEREAS, the City of Lubbock has agreed to and accepted the offer made by the grantees to change the franchise tax and the mode and method of paying the same and have agreed with said Grantees to amend said Ordinance No. 654, so as to make said Ordinance ~comply witb the offer made by the grantees and accepted by the City. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That O~inance No. 654 passed by the City Commission of the City of Lubbock, Texas, on November 4th, 1940, and Section 2 thereof be amended so that the same shall hereafter read as follows, to wit: Grantees, J. A. Fbrtenberry and Ray Farmer, shall in accordance with a mutual agreement between the grantees and the City of Lubbock, pay to the City T~ Collector of the City of Lubbock, a franchise tax, said tax to be a sum of money equal to two per cent (2%) of the annual gross receipts from fares paid to the grantees for transportation furnished by grantees to the public within the corporate limits of the City of Lubbock. Said franchise ~ to be paid during the remaining term of said franchise, in the manner and method as hereinafter provided. There shall be excluded from the gross receipts upon which such tax or charge is to be computed all receipts received by the grantees fro~ the operation or school buses. SECTION 2: That Ordinance No. 654 passed on the 4th day of November 1 1940, by the City Gommission of the City of Lubbock be and the same is hereby amended by adding thereto and incorporating therein a new section hereby designated as Section 2-A, Which is as follows, to wit: 2 __ ) SECTION 2-A: The gross receipts upon which such tax or charge is to be com~ted shall not include receipts received by the grantees from the operation of school buses, and the receipts received by grantees from the operation of school buses are hereby excepted from this ordinance. The franchise tax he~ein provided shall be paid by the grantees in quarterly payments as follows: The first payment shall be made on January 1st, 1945, and shall cover and include that period of time from December 4th, 1944, to December 3lat, 1944, and, thereafter, the payment for the first quarter of the year shall be made on or before May 1st, for the second quarter on or before August lst of each year, for the third quarter on or before November 1st of each year, and for the fourth quarter on or before February 1st of each year. The grantees shall., at the time of making each quarterly payment, furnish to the City a statement duly cer- tified to by an authorized of.ficer of the grantees, showing the quarterly receipts as heretofore provided- SECTION 3: Except as to the amendment of Section 2 of Ordinance 654, arxl the addition of Section 2-A to said Ordinance 654, said Ordinance 654, shall in all other respects remain in full force and effect and shall not be in any other respect modif'ied or changed hereby. SECTION 4: This Ordinance shall take effect and be in fUll force from and after its passage and approval and ·publication as provided by the laws of the State of Texas and • ~) l . ... the charter of the City of Lubbock. Texas. INTRODUCED and passed by the City Commission of the City of Lubbock on the first reading the 14th day ot _ . .;;;D..;e;.;;c..;em=-b-e..-r ____ , A •. D. 1944. ~ PASSED second and final reading on the ~~ay Jt:l !JLJ .11-1-y, of :9eelm'ber·A. D. 1945 •. • Mayor City Secretary We, the undersigned owners of that certain fran- chise granted by the City of Lubbock in Ordinance No. 654 and who are now exercising the rights granted to us by said Ordinance by operating the Lubbock Bus Company on, over and upon the streets, alleys and public thoroughfares of the City of Lubbock, do .hereby consent to the above and foregoing amendment of Ordinance 654 and do by these presents accept said amendment and agree that its terms, provisions and conditions are binding on the under- signed. - 4 ./ ) • 1'1.. Ordinance s and Resolutions regarding Lubbock Bus Co. Ordinance No. 654 ~ Franchise Ordinance No. ?01 -Adding Sec. 2-A to Ora. # 654 - Providing for quarterly payment of franchise ta~ & excluding from the gross receipts of grantee all receipts received by grantees from operation or school buses. Ordinance No. 1342 -Ame4d1ng Seo.2 of Ord. 654 - Adding Sec. 2-B. providing for suspension of gross recei~ts tax, by a&solut1on. Resolution -5-1-1951 (effective date) -Min.Book 10, ~g. 60 Rates set out that shall be charged Resolution -4• 12-1951 -Re installation of new bus routes - trial per1oc5 s • etc. Modern Manors & Highland Place bus serv. eliminated on Sundays Bus serv.eliminated after 11 P.M. OD all routes -except on Saturday nights. Bus Co. auth. to operate add'l. Buses during such ".rush hour" periods as neede .. ---___ ,... . Resolution -Karch 5,1952: Bus loading zones established March 6,li52: Bus routes set out - March 26 ,1953; ~ Gross annual receipts franohiae tax suspended Minute Book 10, Page 61 Motion b,y Commissioner Davis, seconded b.1 Commissioner Hufstedler, motion carried, Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA none voting NAY, the following Resolution was passed: WHEREAS, the City Commission has heretofore considered the application ot the Lubbock Bus Comp~ for increased rates, as well as the elimination of certain routes and service, and the City Commission finds that the following provisions wll1 be in the public interest , !!t1 b ject, however, to it s eon tinuing reserved right to modify, alter or change such provisions, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBOOCK l SECTION 1. On all new routes proposed to be served by the bus company for trial periods, said Company~ institute such trial service at the option of the bus companr by giving written notice to the City Manager, which notice shall include the complete route, together with schedules on which the bus will be operated. Such service shall continue for a period of ni~ety (90) days and shall not be discontinued Wlless authorized by the City Manager in writing. SECTION 2. The bus company is aut~orized to eliminate the Modem Manors and Highland Place bus service on Sundays. SECTION J. The bus company ie authorized to eliminate service after 11:00 P.M. on all routes, except on Saturday nights. SECTION 4. The bus company is authorized to operate such additional busses on any route and schedule as may be required by public necessity and cotwenience during rush-hour emergencies. SECTION 5. The bus company is directed to place route signs on the front, the rear, and on both sides of each bus in conspicuous places. The provisions of this Resolution shall become effective at midnight, April 15, 1951, and the bus company shall give adequate notices of all changes herein provided for either by publication of this Resolution or otherwise publishing the substance of its provisions. AND IT IS SO ORDERED. Passed and approved by unanimous vote of the City Conmission this 12th day of April, 1951. CLARENCE K. WHITESIDE Mayor ATTEST: LAVDIA LOWE City Secretaey