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HomeMy WebLinkAboutOrdinance - 1074-1951 - Amend Section 6 Of Ordinance 654 - 04/12/1951~.,_..-~-+-=::;:-~~8~~.-o-----~---o-L.f.---,:2-=---..,g:-:s=-,:----==---;--: 0 c ORDINANCE NO. 04-~-1.951 1074 AN ORDINANCE TO AMEND SECTION 6 OF ORDINANCE NO. 654, PASSED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK FINALLY ON NOVEMBER 4 1 1940, ENTITLED, 1'AN ORDINANCE GRANTING TO J. A. FORTENBERRY AND RAY FARMER A FRANC:aiSE OVER THE STREETS, ALLEYS AND PUBLIC THOROUC!,HFARES OF THE CITY OF LUBBOCJ:<, TEXAS, FOR OPERATING BUSSES; PROVIDING FOR A COMPENSATION AND FIXING CHARGE FOR SAME; PROVIDING FOR EFFICIENCY OF SERVICE AND REASON- ABLE RATES; PROVIDING FOR FORFEITURE OF SAID FRANCHISE ANDRE- PEALING ALL ORDINANC~S OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR ACCEPTANCE TllEREOF WITHIN THIRTY {30) DAYS FROM THE DATE OF FINAL PASSAGE, 11 SO THAT SAID SECTION 6 SHALL, AFTER FINAL PASSAGE OF THIS ORDINANCE. PROVIDE BUS ZONES FOR THE CITY OF LUBBOCK TO CONTROL THE FARES AND CHARGES TO BE MADE BY THE BUS COMPANY IN ACCORDANCE WITH RATES AND CHARGES ESTABLISHED BY RESOLUTION OF THE CITY COMMISSION, AND FURTHER PROVIDING THAT EXCEPT AS HEREIN AMENDED SAID ORDINANCE NO. 654 SHALL IN ALL OTHER RESPECTS REMAIN IN FULL FORCE AND EFFECT CCORDINGL Y AS IT HAS HERETOFORE BEEN AMENDED. WHEREAS, the City Commission has heretofore duly considered the application of the Lubbock Bus Company to increase its fares and charges for t he transportation of persons be~een termini, such request being based upon extensions made by the bus company within recently annexed areas, and the City Commission considers that adoption of such prescribed zones to be in the ublic interest, THEREFOR~ E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 6 of Ordinance No. 654 be, and the same is ere by amended to read as follows: The fare or charge for each continuous passage from terminus to ter- ~ minus shall not exceed five cents {5f), except that by resolution of the City Commission 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 of the City Commission increased to an amount not in excess of ten cents (lOf) for each continuous passage from terminus to terminus, PROVIDED~ HOWEVER, that such con- tinuous pas.sage from terminus to terminus shall be wholly within Zone 1, as hereinafter described, and further provided that an additional charge of five cents {5f) for each continuous passage from terminus to terminus shall be made when the continuous transportation is between Zone 1 and Zone 2.; and FURTHER PROVIDED that an additional charge of five cents (5¢) shall be made where the continuous passage is between Zone land Zone .3: and FURTHER PROVIDED that an additional five cents (5~) shall be charged where the continuous passage is between Zone 1 and Zone 4; and F?"RTHER PROVIDED that there shall be charged e 0 I ' 1 a fare of ten cents (!Of) between Zones Z and 3, and Zones 3 and 4, and between Zone 2 and Zone 4. SECTION 2. Zones 1, 2, 3, and 4 shall respectively include the fol- lowing described areas: ZONE 1: That area of the City within a radius of 2. 56 miles from the intersection of Broadway and Avenue J, PROVIDED, however, that all of Modern Manors' shopping center is included within Zone 1. ZONE 2: That area of the City between Zone 1 and within a radius of 4. 06 miles from the intersection of Broadway and Avenue J. ZONE 3: That area of the City between Zone 2 and within a radius of 5. 56 miles from the intersection of Broadway and Avenue J. ZONE 4: That area of the City between Zone 3 and within a radius of 7. 06 miles from the intersection of Broadway and Avenue J. SECTION 3. The provisions of this Ordinance shall never be construed as authorizing service,. beyond the corporate limits of the City of Lubbock. Be- cause of irregularity of the boundaries of the City, such zones beyond Zone 1 are established as a patterh to regulate rates covering future route extensions as well as in areas which may hereafter be annexed. SECTION 4. This Ordinance shall never be construed as in any manner depriving the City Commission of authority, when expressed by its resolution, to decrease the fares or charges to be made by the franchise holder after due con- sideration of benefit to the public, net earnings of the franchise holder, value of the franchise, continuity of service, and such other matters as may reasonably relate to sustained public bus service. SE.CTION 5. The establishment of rates between zones provided by this Ordinance shall never be construed as applying to children attending schools of twelve grades or lower for transportation to and from schools, for children six to twelve years of age, inclusive, or £ole children five years of age and under when accompanied by a paying passenger, EXCEPT as may be provided by resolution of the City Commission. SECTION 6. This Ordinance shall be published in a newspaper in the City of Lubbock once a week for three (3) consecutive weeks at the expense of the franchise holder, and shall become effective on the 31st day after the last passage of this Ordinance. AND IT IS SO ORDERED. Passed and approved on the first reading this the lZ:th day of April, 1951, and ordered published upon the franchise holder's paying the publication ees1 and upon written notice to the City Secretary that the franchise holder ccepts the provisions of this Ordinance as an amendment to its franchise. s h~···::::'IL ~ ""· .. "r Mayor ATTEST: The foregoing Ordinance was unamnrotisiy passed by the City Commis- sion on second reading this ·~6th day of Ap,rU1 , 1951 • ...,................_ -.·, s Ptr 'I The foregoing Ordinance was unanimously ~assed on third reading this •l b day of May , 1951,. • • .... """ . -- . ~ c