HomeMy WebLinkAboutOrdinance - 2806-1959 - Granting Lubbock Transit A Franchise 10 Years - 05/20/1959~ .· /rm '· ==~~========================~~=======do~s=-~z~o~-='~9~5~9~~====~~
ORDINANCE NO.; 2806
05-26 -\.9:::--!::5==-9=-------
AN ORDINANCE GRANTING TO LUBBOCK TRANSIT CORPORATION OR ITS
ASSIGNEE A FRANCHISE FOR 'l'EN YEARS:, WITH AN OPTION TO THE COM-
PANY FOR TEN ADDITIONAL YEARS FROM AND AFTER~\ OF THE RIGHT TO
OPERATE AND MAINTAIN A MOTOR BUS SYSTEM FOR THE TRANSPORTATIO
OF PERSONS AND PROPERTY UPON THE ROADWAYS~ STREETS, AVENUES
AND THOROUGHFARES OF THE CITY OF LUBBOCK,. TEXAS.;
WHERU.~ the constantly increasing costs of providing motor bus transporta-
tion service2, coupled with the steadily declining patronage of the service, makes
it imperative that the terms of a new franchise provide for flexibility in the matte
of increasing or decreasing the rates of fare• and that the terms permit of consid
erable latitude in the quantity and frequency of service to be operated by the Com
pany; and
WHEREAS, the City of Lubbock and Lubbock Transit Corporation, have agree
upon the terms of a new franchise which:)\ in the opinion of each of them~ will be
productive of the best possible local transportation system at the least possible
cost with reasonable assurance that the Company will realize a fair compensation
for its service,, NOW THEREFORE~
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. As used in this ordinance the following words and phrases shall
have the meaning ascribed to them in this section:
DEFINITIONS
(a) 11City" shall mean the City of Lubbock,.. a Home Rule municipal corporatio
of the State of Texas; the words "in the city!! or any similar reference to
the territorial iimits of the City of Lubbock shall mean the area within the
corporate limits of the City of Lubbock as they now exist or as they may
hereafter be lawf~ly modified or extended.
(b) 11Company11 as used herein~ unless the context clearly indicates otherwise)
shall mean the Lubbock Transit Corporatio~ a Texas Corporation;,. its
successors and assigns.
{c) "Operating Ratiott shall mean the ratio Gross Operating Expenses, includ-
ing all taxes and license, permit~ registration or franchise fees, bears to
Gross Operating Revenue.
(d) 11Motor Buses11 shall mean all vehicles used for the transportation of pers s
or property which are propelled by power generated within themselves.
(e) 11Initial Routes11 shall mean the routes over which service of the Company
is being operated at the effective date hereof and as hereinafter described
(f) "B~ Miles" shall mean the number of miles operated by the motor buses
of the Company over its motor bus system O! any portion thereof during
any stated period,. but exciuding ther~from miles operated by buses in
charter or other special service.
(g) uAverage Revenue Pa'ssengers per Bus Mile11 shall mean the
nwnber of farepaying passengers who are carried on the motor
bus system of the Company or any portion thereof during a
stated period divided by the nwnber of bus miles operated by
the Company on the system or on the said portion thereof as
the case may be during the same period.
SECTION ll
Nature and Extent of Grant
The Company~ its successors and assigns are hereby granted the right and
authority to operate and maintain motor buses for the transportation of persons
and property upon-the roadways streets, avenues and thoroughfares of the City of
Lubbock for a term of ten years, with an option to the company for ten additional
years from and after, provided however., said option to extend for an additional
ten years shall be deemed to have been exercised by the Company if the City of
Lubbock has hot..heen notified in writing, prior to sixty (60) days before expiration
of the first ten year term~ subject to the terms and provisions hereof.
SECTION ill
Routes Changes-Initial or Additional Rnutes
Additional routes and extensions and modifications to or abandonment of all o:q
a portion of initial routes may be established or affected by the Company by and
with the approval of the City. The initial routes and additional routes as well as
any extensions or modifications to either the initial or additional routes may be 1
modified or all or portions thereof abandoned by the Company if between the begin
ning of service and 6:30 P• m. on each weekday and Saturday~ the average revenue
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passengers per bus mile on all or any separable portion thereof is less than 5 or I
if between 6.:30 p.m. and the close of service on weekdays and Saturdays~ and all
day on Sundays the average .revenue p~ssenger s per bus mile on all or any separal e
portion thereof is less than 4.
Upnn presentation to the Company of evidence that an area within the City pro
posed to be served has appro:ximately the same density of population as the area
served generally by the Company, the City may require the Company to operate
motor bus service via additional routes or via extensions to or modifications of
initial or additional routes on an experimental basis. If after fifteen (15) days1
operating experience, the average revenue passengers per bus m,ile on the addi-
tional" extended or modified route is less than the standard set out in the paragra1 !h
next above in this section, the Company may at once either discontinue the exper-
imental service or at its option revise the schedule of service and continue its
operation for such additional experimental period as the facts and circurn.stances
warrant. The continued operation of experimental service by the Company beyond
the fifteen (15) days experimental period shall not be construed as a waiver by the
Company of its right to thereafter discontinue or abandon said service.
In the event that any experimental service is 'Operated over a route or portion
thereof and subsequently discontinued pursuant to the provisions o£ this section, I
the Company~ shall not be reg,uired to again operate experimental service over sa~
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route or portions ~hereof or over a similar route in substantially the same area
except after one (1) year from ·the date of discontinuance of experimental service
and then only upon evidence of 3: substantial increase in population of the area pro-
posed to be served,.
SECTION IV
Schedules and Headwa ys
The Company shall maintain on each of the initial routes a service schedule
as follows~ subject to change as hereinafter provided:
ROUTE #I-CARVER HEIGHTS:
Beginning at Texas Avenue & Broadwaya East on Broadway to Avenue E~
South to 18th, Street East to Avenue~ South to 19th Street, East to Cedar
Street·,. ·South to 26th Street, East to Southeast Drive~ South to-34th Street,
East to intersection of 33rd and Quirt Avenue, North on Quirt to 24th
Street. Return over same route to Avenue E and 13th Street:~ then West
on 13th Street to Texas Avenue, North on Texas Avenue to Broadway.
ROUTE #2-EAST BROADWAY:
From corner of Texas Avenue, and Broadwaya East on Broadway to Idalou
Road, Northeast to Guava Avenue, North to East 3rd Place~ West to David
Avenue, North to 2nd Street, West to Beech Avenue, South to 4th Street,
East to Guava Avenue--returning to Down~own over Idalou~ Road and Broad-
way.
ROUTE #3-22nd OXFORD 8t SLIDE ROAD:
From corner o£ Texas Avenue and Broadway West on Broadway to Boston
Avenue, So'uth on Boston to 22nd Street, West on 22nd Street to Indiana
Avenue North on Indiana Avenue to 21st Street~ west on 21st Streett>
Louisville Avenue, South on Louisville to 32nd Street, West on 32nd Street
to Oxford, South on Oxford to 34th Street, West on 34th to Orlando, South
on Orlando to 42nd Street, West on 42nd Street to Wayne Avenue. I(etnrning
North on Wayne Avenue to 37th Street1 t9.::0tland.D~ Not.:th..Gtt.0fla~de to
.>.4th~St!t'eet1, West on 34th Street to Peoria Avenue, North on Peoria Avenue,
North on Peoria to. 32nd Street, East on 32nd Street to Louisville then
downtown via same route to corner of Texas Avenue and Broadway.
ROUTE 1#4-28th &t GREEN ACRES:
From corner of Texas Avenue and Broadway, West on Broadway to Avenue
"Mu, South on Avenue "M" to 19th Street,. West on 19th to Avenue 11X 11,
South on Avenue uxu to 26th Street West on 26th Street to Elgin., South on
·Elgin to 28th Street., West on 28th to Hartford:~ South on Hartford to 34th
Street, West on 34th Street to Indiana Avenue., South on Indiana to 42nd
Street, West on 42nd to Knoxville Avenue, North on Knoxville, to 37th
Street, East on 37th Street, to Indiana, then returning downtown via same
..
route to 19th and Texas Avenue, North on Texas Avenue to Broadway.
ROUTE f5-32nd &: BOSTON:
From corner of Texas Avenue and Broadway7 West on Broadway to
Avenue 11 Mu, South on Avenue "M" to 19th Street~ West on 19th Street to
Avenue "T"1 South on Avenue 11 T'' to 32nd Street,. West on 32nd Street
to Boston Avenue, South on Boston to 50th Street~ West on 50th to Can-
ton Avenue,. North on Canton to 45th Street, Northeast on 45th to Boston
Avenue, North on Boston to 32.nd Street, East on 32.nd Street to Avenue
115 11, North on Avenue "S" to 19th 'Street, east.on 19th Street to Texas
Avenue, North on Texas Avenue, to Broadway.
ROUTE 16-AVENUE "N" &: "H":
From corner of Broadway and Texas Avenue, South on Texas to 19th
Street, West on 19th to Avenue 11N", South on Avenue "N" to 38th Street,
East on 38th Street to Avenue 11 D 11, South on Avenue 11D 11 to 54th Street~
West on 54th Street to Avenue 11H 117 North on Avenue "H11 to 38th Street,
West on 38th to Avenue "N11• Returning downtown over same route.
ROUTE #7-4th &t HUB HOMES:
From corner of Texas Avenue &. Broadway, East on Broadway to Avenue
"A", North On Avenue "A" to Main Street, West on Main to Avenue "C"
North on Avenue 11C 11 to 4th Street,. West on 4th Street to Avenue 11H",
North on Avenue "H" to 2nd Place, West on 2nd Place to Avenue "Ku,
North on Avenue "K" to Znd Street~' West on 2nd Street to Avenue 11M 11,
North on Avenue 11M11 to lst Street, West on lst to Avenue 11P" North on
Avenue 11P'1 to Baylor Street~ West on Baylor to Avenue 11 0 11, South on
Avenue "U11 to 4th Stree~ East on 4th to Avenue "M"~, South on Avenue
''M" to Broadway and East on Broadway to Texas Avanue.
ROUTE f8-8th & ARNETT BENSON:
From corner of Texas Avenue and Broadway, West on Broadway to Avenue
"M" North on Avenue 11M" to 8th Street, West on 8th to College Avenuet-
North on College to Clovis Road,. Northwest on Clovis Road to Erskine
Street~ West on Erskine to Gary Avenue~ South on Gary to Amherst Street,
East on Amherst to College Avenue, South on College to 8th Street,. East
on 8th Street to Texas Avenue~ South on Texas to Broadway.
The Company shall have the right to change its schedules and headways with-
out first obtaining the consent of the city if between the beginning of service and
6:30 p.m. on each week day and Saturday~. the average revenue passenger per bu.e
mile on all or any separable portion thereof is less than 5, or if between 6:30 p.n.
and close of service on week days and Saturdays and all day on Sundays the aver·
"-../ age revenue passengers per bus mile on all or any separable por~on thereof is
less than 4. In the event the average revenue passenger per mile should fall belo ~
the above minimum on all or any separable portidn o£ a line, and the company de~
cides to change any of its schedules, the Company shall give notice of this fact
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City of Lubbock, it shall then give thirty-six (36) hours prior notice to the riding
public of such change through a newspaper of general circulation in Lubbocka Tex~•·
SECTION V
The company shall furnish and p~ovide additional service known as "tripper
service11 at such times and over such routes as it deems advisable. Slid additiona
or tripper service and the routes to be followed shall be such as in the opinion of
the Company conditions require from time to time. The Company shall charge th
same rate or rates of fare for such tripper service as it is hereinafter permitted
to charge for its regular service.
SECTION VI
Equipment
The motor buses of the Company shall be uniformly painted motor buses of
reputable manufa-cturers and they shall be of such size and seating capacity as wil
adequately fulfill the requirements 'of the routes upon which they are utilized. ThJ
shall be properly maintained and be in safe,-dependable and sanitary condition.
The buses shall be maintained in numbers sufficient to supply the service that ma
be required from time to time, including a reasonable number of spares.
SECTION VII ·
Registration of Motor Buses
All motor buses used by the Company shall be registered with the City. The
Company shall pay the City a registration tee o; One ($1. 00) Dollar per year for
each bus so registered;, payable at the b~ginning of the year on motor buses used£ r
the entire year or any part thereof. The City will not require the Company to pay
the City any other tax or fee based on the gross or net receipts or earnings of the
Company ex.che.p,t as:;pllli.'!iciat i<lfllltntirm ~arid..no..cit.y diie~e shall be levied
against the Company or its motor buses or equipment, nor shall the Company be
required to· pay any portion of any paving or street improvement costt except on
real property . .owned by the company. ·If any state law shall exempt bus equipment
from the ad•-,zalorem t~ same shall apply to company• s buses.
SECTION Vill
Franchise Tax
"Companytt shall pay to the 11City11 the sum of $1. 00 per year as a franchise
tax on the net earnings below $Z5~ 000.00 per year and will pay a franchise tax of
Z% of net earnings between $Z5, 00. 00-$50, 000. 00 and will pay 5o/o of net earnings
over $50,000.00 net earnings represents the net income after all expenses except
State and Federal Income Taxes.
SECTION IX
Rate:s. of Fare
Subject to change as hereinafter provided~ the service of the Company shall b
at the following rates of fare:
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f ~ • I One (1) Zone Fare-Fifteen Cents (l5f)
Two(2) Zone Fare-Twenty Cents (20f)
Three (3) Zone Fare -Twenty-Five Cents (2.5f)
The foregoing rates of fare shall be in force and effect only as long as the
operating ratio of the Company does not exceed 90. In the event its operating
ratio is between 90 and 92, the Company shall certify this fact to the City, togeth r
with a statement of the rates of fare it deems necessary in order to restore the
operating ratio to 90. Within 10 days of the receipt thereof by the City, the Com
pnay and commission shall arrange a meeting to negotiate the matter, and in no
event shall the revised rates deemed necessary by the Company go into effect
without approval of commission. In the event the Qperating ratio exceeds 92~ the
Company shall certify this fact to the Cityll together with a statement of the rates J
it deems necessary in order to restore the operating ratio to 90. Ten (10) days
after the receipt thereof by the City, the Company may put the new rates of fare
into effect.
In the event the operating ratio of the Company drops below 88~ as determine
by a certified public accountant employed by the Citya the City Manager shall
certify this fact to the Company, together with a statement of the rate of fare
commission deems necessary in order to restore the operating ratio to 90. With
in 10 days of the receipt thereof, the Company and commission shall arrange a
meeting to negotiate the matter. ·
During the duration of this ordinance or any extension thereof. either commi·
ssion or the Company may request a revision of the rate structure as above pro-
vided, but in no event will any revision be made sooner than six (6) months from
the previous rate revision.
SECTION X
Bus Stop Zones
The Company may select the location of bus stop zones subject to the approva
o£ the City Manager. The bus stop zones shall be suitably marked and equipped
with bus stop signs. which shall be maintained at th~ expense of the Company and
indicate to the traveling public where the buses stop. At all designated stops on
the motor bus lines of the Company, the City shall set aside and mark by appro-
priate 11No Parking" signs or markers an adequate space or zone of not less than
45 feet in length for each line using said stop or stops. The Citya by appropriate
police action, shall prohibit the use of said bus stop zones by vehicles other than
vehicles of the Company and otherwise prevent interference by other vehicles wi~l
the use of said bus stop zones by Company vehicles to the end that the safety1 con
venience and welfare of the public may be assured. The city shall also establish
and enforce such traffic rules and regulations as will serve to expedite the move-
ment of the Company1s buses.
SECTION XI
Insurance
The Company shall procure insurance against liability arising out of injury o
death to any person or property damage caused by the negligent or willful mis-
conduct of the Company.., its servants, agents or employees or by the unsafe con-
dition or operation of it's motor coaches or equipment,_ and said insurance shall
be in a minimum amoWlt of $10., 000. 00 for any ·one person and $Z5~. 000.00 for
any one accident for personal injury or death and $5,000. 00 property damage.
Said policy or policies shall be maintained in force during the term herein provid d,
and evidence thereof shall be furnished upon request,, to the City.
SECTION XII
Employees
Residents of the City of Lubbock who can qualify physically, mentally and
morally as safe and reliable bus drivers or as efficient and reliable automotive
mechanics shall be employed in preference to others.
SECTION Xlii
Competition
So far as within its power lies, the City snall' protect the Company from com
petition by stre.et railway lines, motor bus lines, jitney b,:us operations or taxicab
doing other than a strictly taJci.c.a:h., business which would tend to enterfere with the
profitable and economical operations as a whole of the motor bus system of the
Company.
SECTION XIV
Manner of Giving Notice
Notice to the Company may be given by leaving a written copy thereof at the
principal office of the Company in the City of Lubbock during ordinary business
hours. Notice to the City may be given by leaving a written copy thereof at the
office of the City Secretary and at the office of the City Manager during ordinary
business hours.
SECTION XV
Forfeiture and Penalty
The City shall have the right to i~vestigate the manner of operation of the r-
service of the Company for the purpose of securing to the City efficient and econ-
omical service by said Company~ The city may at any time declare a forfeiture
of this franchise for the violation or default by the Company of any of the terms
thereof, provided that none of the terms of this franchise shall be deemed to be
violated so as to permit such forfeiture unless the Company shall first be given
notice of such violation or default and of the intent to declare a forfeiture, and
· thereafter such violation or default shall continue for a period of more than sixty
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(60} days~ and in such event all the rights and privileges of said company under
the provision of this franchise inay be forthwith declared forfeited and revoked.
Providect, however, that the Company shall not be deemed to be in default for
performance of any provision of this franchise nor shall any forfeiture be invoked
for any violation of or failure to perform any provision hereof due to strikes,,
insurrections~ acts of God or any other causes beyond the control of the Company.
SECTION XVI
Right of City to Audit Books of the Company
The books and records of the Company may be examined and audited by a
certified public accountant employed by the City.
SECTIONXVll
Arbitration
Any dispute as to the interpretation, application or fulfillment of the terms of
this franchise ordinance which cannot be resolved between the parties shall be
submitted to a Board of Arbitration which shall consist of three members:~ one
selected by the Company~ one by the City and the third to be selected by the other
two members.
SECTION XVUI
Acceptance
The Company shall within thirty (30) days after the passage of this ordinance
or franchise file with the City Secretary its written acceptance of the terms;t
conditions~ covenants or provisions hereof and its agreement to be bound by the
terms, conditions!· covenants:~ and provisions hereof,, otherwise said ordinance
shall be void.
SECTION XIX
Publication and Effective Date
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This ordinance shall be published in its entirety once a week for three (3)
consecutive weeks in a newspaper published in the City of Lubbock~ and shall
become effective after the expiration of thirty (30) days from its last publication
all of which shall be at the expense of the -"Lubbo.ck. Transit Corporation and as
provided in Chapter 1 Article II7 Section 18 of the City of Lubbock Charter.
AND IT I..S.. SO ORDERED
Pas sed by the Commission on first reading this.2.0.t.J:Pay o£ .... M;u:8Ja.J--------=' 19__.2.2_•
Passed by the Commission on second rea ·n 8tHiay of Ma , 19.i2._•
ATTEST:' n ' --~~~~~~~~0~~ ~. Laven.ia L6we;Gity ~-ff.!#;·e--a-s_u_r_e_r
City of Lubbock
Lubbock, Texas
ACCEPTANCE OF FRANCHISE
Attention: Mrs. Lavenia Lowe, City Secretary
This will confirm to you that the undersigned, Lubbock
Transit Corp., accepts and agrees to be bound by all of the
terms, conditions, covenants and provisions of Ordinance No. 2806,
of the City of Lubbock, Texas, said Ordinance being entitled as
follows:
''An Ordinance Granting to Lubbock Transit Corp.
Or Its Assignee a Franchise for Ten Years, with
an Option to the Company for Ten Additional Years
From and After, of the Right to Operate and Main-
tain a Motor Bus System for the Transportation of
Persons and Property upon the Roadways, Streets,
Avenues and Thoroughfares of the City of Lubbock, II Texas.
Dated as of June 1, 1959.
Yours Very Truly,
(Seal)
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