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with this ordinance are hereby repealed.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 is b.ereby, repealed and a net+.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.