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HomeMy Public PortalAboutORD04720 325 Board of Equalization, the amount of taxes required to be paid by each person as provided by Section 1 of this ordinance. SECTION 3. All Ordinances or parts of Ordinances in conflict with this ordinance are hereby repealed. SECTION $. This Ordinance shall take effect and be in force from and after its passage and approval. Passed July 2 1945 Approved„"... ZZ6 1945 Jesse N. Owens _Jgspg N. 0 ens President of the ouncil Mayor #472® AN ORDIIIAN CE.:to..repeal '.Ordinance #41:62, approved"oii the 11th,day of January, 1938, granting a franchise to the Jefferson city Lines, laic;' . a" Missounl Corporation; its'- �succes-sors and assi�gns,'for* the.::,.: establishment, maintenance and operation of a motor bus trans- portation systeit, for the.; transportation for hire::of..passengers: as a,.common .carti:er, .and:. enacting in-.lieiu -thereof .a near 9rdinenca4 re- lating to the same subject matter. $E,,IT!;ORDAINED BY.'THE. CITY .COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS..,FOLLOWS s. .. SECTION 1. That" Ordinance #4162, approved on the llth day bf-;,January. 1938y , granting a franchise. to the Jeffer. son City.,Lines, inc. ,,:a Missouri Corporation,, . its, successors a=,d assigns for,the establishment, maintenance and operation of a motor bus transporta- tlon..systemi .for- the!;transportation- for.-hire of. passengers as a common .carrier, ,be and the same. is b.ereby, repealed and a net+. Ordi-- nance, enseted in lieu thereof relating to the same subject matter bnd.,to read es.,.followso , SECTION 1 ,. DEFINITION OF TERMS , .whenever used in this Otdinance, the following terms "-shall have the meaning herein specified; The term "company" 'means the. Jefferson `pity Lines Inc. a corporation organized and existing under the-laws of tie State M of Missouri : and!:its.!- successors. and assigns. . ­-s, r` , ;.; ;-:. .The.:.term "city" means..the, ity of Jefferson;,Missouri but Whenever the term. "city'.' is.used In.a, territorial. sense it, shall. be held to refer to the territory included within the corporate limits of said City,' as they may..from time to time exist and to such additional territory as may, for the purpose of this Ordinance come: tinder the,•jurisdIctiori.of: said- City.o . . The. .term. ',."Council". means; the'- present governing body; of, .tb.e City or the incumbents of any offices hereafter created by law or by:,cAarter.:•performing-. 53mi-lar' functions The:term !1stree.:tsA" means. .the: streets-,_.avenues p1ley5,: bridges, and other public places in the cty, however they may be designatd, - �'r, SECTION NATURE OF GRANT' p.? THE AUTHORITY, RIGHT• PRIVILEGE:.AND FRANCHISE'.IS HEREBY. granted to the JEFFERSON CI'T'Y" LINES, INC., a Missouri Corporation, Us—suCcet-sore and assigns, far a period-.of 'ten"�,.(10) years from `kk after the°:date ,of acceptance by tie _company of this .ordinance, to establish, maintain and ope:•ate a motor bur service for `the trans- portation for hire of passengers only, by trackless vehicles pro- pelled by power generated by gasoline, crude oil, electricity or otherwise, over and upon the streets of the City; all in accord- ance with the terms, conditions and provisions of this ordinance. SECTION #3 ROUTES Regular motor bus transportation service shall be establish- ed, operated and regularly maintained upon routes hereinafter speci- fied, 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 have terminated. f-: 326 The city shall maintain the streets used by the company in suitable condition for its operations but for gailure so to do 10x� the city shall in no event be held liable in damages, nor shall the city be deemed to have violated this requirement if it shall provide an alternate route over which said company may operate with no substantial or material increase in cost of operation or reduction in revenue. Routes may be otherwise altered or changed only by the mutual consent of the City Council and the company. The said routes and territories hereinabove mentioned are substantiplly as foll&ss ROUTE is Commencing at the intersection of Moreland Avenue and Moreau Drive; on Moreau Drive and lark Boulevard to McCarty Street; oFi McCarty Street to Benton Street; on Benton Street to High Street; on High Street to Blain Street; on MaIn Street to Boon- ville Road; Staggered service to Forest Hill Addition; and returning ovdr the same route. ROUTE 2s Commending at the intersection of Madison and Ashley Streets, thence east on Ashley Street' to Monroe I Street, thence south on Monroe Street to the intersection of Dun- for and Monroe Streets, thence from said intersection westerly on Dunford Street to Highway 54 and on Highway 54 in a northwesterly direction to Jefferson Street, thence northerly on Jefferson Street to the intersection of Jefferson and Ashley Streets, thence Easterly on Ashley Street to Madison Street, northerly on Madison Street to High Street, thence- west gn MAdIsbn Street to the intersection of High and Mulberry Streets, thence south on Mulberry S t;,:c.c,t Street to the intersection of Mulberry and Duriklin Streets, thence west on Dunklin Street to the intersection of Dunklin Boulevard or Highway Number 50, thence in a southwesterly direction on Dunklin boulevard or Highway Number 50 to the inter- section with Waverly Street, thence north on Waverly street, to the intersection of Waverly Street and St. Mary's Boulevard, . thence in a northeasterly direction on S+• Mary's Boulevard to the intersection of Elm Street ,and Bolivar Street, thence east on Elm Street to the intersection of Elm Street and Highway Number 50, thence south on Highway Number 50 to the intersection of said Highway Number 50 and unklin Street, thence east on Dunklin Street to the intersection of Mulberry and Dunklin Streets, thence north on Mulberry Streets to High Streets, east on Ugh Street to Madison Street, thence south on Mad- ison Street to the point og beginning. Additional routes may be established and said koutes, herein established, as well as any additional routes so established, may be altered, modified or abandoned by the company from time to time with the consent of the City Uouncil. The company shall maintain a reasonable adequate shedule for the accommodation of its passengers on said routes, as well as such other routes asm may ka hereafter be established. "2�G 1 SECTION 4, EQUIPMENT The character and type of transportation equipment shall consist of motor buses propelled by power generated by gasoline crude oil, electricity or otherwise. All equipment shall be of such size and eeating cgpacity Ps adequate&y fills the needs of the route or routes upon which employed. The eq#bpent shall be properly maintained and be safe, dependable and in sanitary condition. The number of buses shall be sufficient:i,;,: to suppl.0 reasonable and adequate transportation seryiee, with spare equipment to insure proper service Pt all times. SECTION �. STOP ZONES Subject to the approval of the City Council, the company may designate bus stops a d shall have the right to equip tale same with markers, indicating to the traveling public where the buses stop. At all designated stops on the motor bus routes of the company the city shall set aside an adequate space or zone in which vehicles shall not be permitted to interfere with the bus operation to the end that the safety and convenience of the Patrons of the motor bus service of the company and the public may be safeguarded. The city shall also establish and enforce such traffic rules and regulations as will serve to exp6dite the movement of the company's buses. SECTION 6. SCHEDULES The hours of service and headways shall be such as will provide reasonably adequate transportation service on each route. The company from time to time may increase, decrease or so alter the hours of service and headways on any route to pro- vide reasonably adequate service on such route. In the event that a comp�)aint is filed with the City ouncil as to such change or changes, the City Council may open up the matter for settlement by agreement between the City Council and the company. Service over any route which shows a revenue for a period of one month of less than the cost of such service may be reduced by the company iith the consent of the City Council. SECTION 7 TRIPPER SERVICE The cuumpany shall furnish and provide additional service, known as "Tripper Service", at such times and over such routes as is necessary to furnish reasonably adequated transportation for t the convenience of students, employees of hhe various industrial establishments, and on special occasions of the assembty of large numbers of people; said additional or tripper service to be such as conditions require from time to time, and said cam pany . shall charge the same rate or rates of fare for such tripper service as said company is hereinafter permitted to charge for its reg- ular service. SECTION 8. FARES. Fares covering one continuous ride between any points on the routes herein specified or as hereinafter provided within the city limits of Jefferson City, Missouri, shall be as follows: KIND OF FARE RATE Cash fare 5 School children under 12 years of age 3¢ cash fare rr rr n r� of " u 2 tokens for 5¢ ? Children in arms free 323 Policemen and Firemen free (as Dereinafter provided) Transfers shall be issued without charge between routes (1) end and two (2) . All transfers shall be limited to the same or diverging directions and within a thrity (30) minute period, and no trandfers shall enable a passenger to return to the vicinity from which he started without paying a second fare. A transfer issued shall be used only by the person to whom it is issued. The company may make such reasonbale regulations as it may deem necessary to prevent the misuse of transfers Policemen and Firemen shall be permitted to travel free of charge, when in uniform or upon the pre- sentation of proper credentials. Plain clothes p1lice officers shall be permitted to travel free upon pre- sentation of official pass issued by the company. The company has undertaken to maintain the presisnt rate of fare based upon present wages, materials and commodity costs. If wages$ materials aid/or commodity costs are increased substantially,' the . company shall upon due application and presentation of proof and hear- ing as hereinafter provided for, be granted and increase in its rate of fare to correspond with such increase in wages, materials and/or commodity costs. In determining whether such Increase had taken placer: the United States D partment of Labor, Bureau of Labor S atistics Wash- ington, D.C. In2ex of Wholesale Prices for all commodities p3lished to indicate conditions as of the nearest date to the time such application is made compared with the publication nearest to the date this Ordinance takes effect, sjall be received along with other evidence as evidence of such increase in commodity costs, and together with the actual in- crease in wages then in effect, or about to be put into effect, shall constitute the basis for an increase in the rate of fare provided, however, that nothing herein shall deprive the ity of any right it has to regulate rates of fare. Application for increase_in rate of fare may be made by the company in writing to the ity ryouncil who shall, within ten (10) days after receipt of such application, grant a hearing thereon and shall within' a reasonably time thereafter, fix the rate of Rare in accordance with the provisions hereof. In determining what should be a reasonable .rate of fare the City Council shall have power to inspect the books of the company and to compel the attendance of witnesses at said hearing. The company shall have the right to appeal from any decision of. the City Council to any Court of competent jurisdiction. Amok SECTION 9. Employees, Residents of the city who can qualify physically, mentally and morally as efficient and reliable employees shall be employed in preferenc6 to others. SECTION 10 Insurance. The company shall obtain and file with the City Clerk of the City and continue the same in full force and effect during the period of th s grant, a policy or policies of liability insurance or a bond or bonds of indemnity, as the company may elect, conditioned for the benefit of persons suffering injury, loss or damage or property by virtue of the negligent operation if motor bus trandportation equipment by the company, which policy or policies or bond or b nds &A11 be in companies or with sureties to be approved by the ity Coouncil. Such policy or policies or bond or bonds, 6hall be in the stm of not less than ten Thousand Dollars ($10,000.00) for injury or death of any one person, and not less than the sum of One Hundred Thousand Dollars ($100,000.00) for the injury or death of all persons affected by any one accident, and not less than the sum Of Ten Thousand Dollars ($100000.00) for damage to property in any one accident, 329 Such coverage to be for all transportation vehicles used for the service herein authorized, and shall continue undiminished. Insurance or bonds in the amount not less than those speci- fied herein shall be in effect during the entire time such motor buses are in operation under this grant. The foregoing provisions of this section may be adjusted by agreement between the City Council and the company, provided that such adjustments adequately protect the public and the City. SECTION 11 SPACIAL TAXES The City will not require the comoany to paythe city any taxxx or fee based on theiprss or net receipts or earnings of the company. It is hereby provided that the yearly occupational tax or lic- ense to be paid by the company to the city for motor bus operation shall be the sum of Twenty Dollars ($20°00) per year per bus. SECTION 12 FORFEITURE The City Council may at any time declare a forfeiture of this grant for the violation or default by the company of any of the terms !� hereof, provided that none of the terms of this grant shall be deemed to be violated so as to permit of such forfeiture, unless the- com- pany shall first be given,.written notice of such violation or default, which notice shall state with particularity wherein such violation or d,... default consists, and of the intent to declare a forfeiture, and there- after if such violation or default shall continue for a period of more than sixty (60) days after the receipt by the company of such written notice, all the rights and priveleges had by the company under the provisions of this ordinance may be forthwith declared forfeited and revoked. Provided, however, " that the company shall not be deemed to be in default for the performance of any provisions of this grant, nor shall any forfeiture be invoked for any violation of or failure to perform any provisions hereof due to strikes, lockouts, civil insurrec- tion and disorder, acts of God, or any other causes beyond the control of the company. SECTION 13 INVALIDITY Each Section of this ordinance and each part of eagh section hereof is hereby declared to be an independent section or part of section; a d the holding of any section or part thereof to be un- constitutional, void, illegal, ineffective or contrary to the pro- of the Charter of the City of Jefferson ity, Missouri, or the amendments thereto, of the laws of the Shte of M ssouri, for any reason, shall not affect any other section or part of section of this Ordinance. SECTION 14 ACCEPTANCE BF FRANCHISE This grant is made upon the express condition that the company within thirty (30) days after this ordinance goes into effect aid becomes operative as by law provided, shall file with the Clerk of the City a written acceptance of the same, and when so accepted by the company shall constitute a contract between the City and the co�fipany for all the uses, services and purposes herein set forth; and the company, by its acceptance of this Ordinance binds itself to provide the necessary motor buses and to establish, operate and main- tain the transportation service contemplated in this ordinaance, beginning not later than sixty (60) days from the date of the accep- tance of this ordinance by the company, unless such time shall be extended by the L'ity ouncil, and continuing without substantial interruption except for causes beyond control of the company, until the expiration of the term of the grant hereof. If the company shall fail to file said written acceptances within the time herein specified, this grant, together with any rights or liabilities arising out of the proposal heretofore made for the furnishing of an adequate motor bus transportation service in the city, shall be void and of no effect.