Ord 1539 11/6/1950 OIWIETII,Nc. No. 1539
i:TD,_ TO calCHIT�= CITY LI G 'LIJNJI AIM
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B.� IT BY T11-- BO_,_-�D OF j*tLD_. 1_d11 :4 OF Th,:, CITY OF _1011ITA F"'LL61
Section 1.
There is hereby granted to jichita City Lines, Inc., a Texas corpora-
tion, and its lawful successors, the right and privilege to maintain and operate
buses as a city-wide raotor bus turazisportation system for the i)urpose of carry-
ing passengers for hire in and upon the public roads, -venues, streets, allays
arid 'highways
y-s aithin the corporate lirdts of
f the City of �ichita Falls, Texas,
subject to the terms and provisions of this ordinance and also subject to such
other regu
lations as may hereinafter be lawfully imposed upon said .,ichita City
lines, Inc. and its successors.
Section 2.
Wichita City Inc. shall place in service and continue to use
t. U y Lines
upon its bus lines buses of such design and coui ment and furnished with such
be reasonably
improvements and appliances, as shallI
necessary and proper to
r Ueet the bus transportation needs of the City of vichita Falls and the
safety, convenience and comfort of the passengers and the general public.
.,,-ichita City Linas, Inc. ar-_,rees to recondition all of its buses, as
soon as it can reasonably do so, in accorda.,ice ,,vith good business. -1,`ichita City
Lines, Inc. agrees to replace all buses alriose condition is now such, or may
become such, that good business does not justify their reconditioning, and such
buses as are discarded from service by the said `,iichdta City Lines, Inc. shall
be replaced with new buses. jichita City Lines, Inc. agrees to replace no
used bus with a used bus, unless new buses are unobtainable as hereinafter set
out.
.4ichita City Lines., Inc. agr
ees forthidth to install in each of its
buses modern electric meter boxes and, in addition to the records that are
provided for herein, to keep accurate written reports and records of the income
on each route and each run of its bus schedules.
:vichita City Lines, Inc. agrees to maintain its present buses in good
repair and furnish such additions to its eouiDment as will reasonably meet the
groi-Ang needs of the City of `,Uchita Falls, in the opinion of the Board of
.`ddenr,en of said City.
Section 3.
.Wichita City Lines, Inc. agrees that it will forthwith., upon the ef-
fective date of this ordinance, file with the City Clerk of the City of d1chita
Falls a written desi-nation of the streets, alleys, public roads,
avenues and
,,iFhways within the said City of saichita Falls on and over which it purposes
to operate its buses, together with schedules under which it proposes to
operate, which routes and schedules shall be subject to the approval and ac-
ceptance of the Board of Aldermen of the Citir of -idchita. Falls. Any additions
to, or deletions from, the first accepted routes and schedules shall likewise
be subject to acceptance and approval by the Board of Alder�ien of the City of
idchita Falls.
Section 4.
dichita City Lines, Inc. coveriants that it will at all times keep all
of its property and buses in Uood and business-like order and repair and as
whole in condition to rive effective service; and the >i chita City Lines, Inc.
will set up and maintain a repair maintenance and depreciation reserve and
will use the same when and to the extent necessary to keep its ec;uipment in
first class condition.
;section 5.
..ichita City Lines, Inc. shall carry no freight or express, other than
for the use of the said 4ichita City Lines Inc, or its employees, unless consent
be given by the City of ,J''ichita Falls by resolution of the Board of aldermen, which
shall provide such regulations relating thereto as the said City may deem necessary.
Section 6.
; ichita City Lines, Inc. is authorized to charge a cash fare of ten cents
per adult Person for tra..nsporting or carrying such passenger during all regular
operating hours on its buses oDarated i:rithin the noruorate limits of said City,
provided that ele-Y`en (11) tokens shall be sold for -1.00 to all persons who
shall apply for`fa. make use of same under the conditions that such tickets or tokens
shall be-kept-for sale by all motormen and conductors on such buses, and at such
other places in the City of �,tiichita Falls as _ ay be designated by the said : icInita
City Lines, Inc. its successors or assigns.
The rates of fares provided for herein are .for only one continuous ride
in one direction over any of the present or future bus lines of the said -jichito
City Lines, Inc, within the corporate limits of said City. The said Jichita City
Lines, Inc, shall not be required to furnish any round trip passage over any line
or lines for a single fare, or to carry any passenger by transfer from any point
on its lines to another point in the sane vicinity for a single fare. , ichita
City Lines, Inc. may, subject to the approval of the Board of Aldermen of the
City of iichita Falls, make such reasonable regulations not inconsistent herewith
or with other ordinances relating to such matters, as may be necessary to prevent
the misuse and abuse of transfers. 'Achita City Lines, Inc. transporting paying
passengers shall give free transfers governed under provisions now fixed or
hereafter to be fixed by general ordinance.
,.Jichita: City Lines, Inc. is authorized at all times to charge a cash fare
of five cents per child between the ages of five to twelve years for transporting
or carrying such passengers during all regular bus operating hours on its buses
operated within the corporate limits of said City, provided that twenty-four (24)
tokens or tickets shall be sold for r1.00, which tokens or tickets shall be
accepted by the bus operator in lieu of such cash fare and the sarie shall be kept
for sale by all drivers and operators on said buses, and at such other places as
shall be designated by the corporation.
ichita City Lines, Inc. is authorized at all. times to charge a. cash fare
of five cents :per person between the ages of 12 and 17 years who are in actual
attendance of any elementary school, high school, or any school or schools
offering similar educational facilities that are situated .within the corporate
City limits of the city for transporting or carrying such Passengers on regular
school days of an.TT given week, 14ondav throuch F ridav inclusive, bets een the hours
of 6:00 A.,,1. to 6:00 ?. � ., providinE that tllenty-four (24) tok.ln:, shL 11 be E c1d
for w1.00, which tokens or tickets shall be accepted by the bus operator in lieu
of such cash fare and the same shill be kept for sale by all drivers and operators
on said buses, and at, such other places as shall be. deli mated by the corporation.
Children five years of age or less, when attended by a fare paying
passenger above said age, shall at all times be carried free, providing- they do
not occupy seats to the exclusion of fare payin- passengers.
11 paying nassen gers shall be entitled to request and aa- ke use of free
transfers, under the conditions set forthie c;overning such transfers.
ichita City lanes, Inc. shall -ive no passes or free service to any
person except to those enganed in the maintenance and operation of its business.
;section 7.
Achita City Lines, inc., its successors and/or assigns, shall keep
and maintain its headquarters and principal office within the city limits of the
City of '. ichita Falls continuously dur•inj the life of this franchise, and upon
failure to comply with tliis provision by the said ichLita. City Lines, Inc.,
its successors and/or assigns, or other persons or individuals holding this
franchise, the same shall be forfeited and of no further force and effect.
Section 8.
, ichita City Lines, Inc. shall at all times keep in its office at the
disposal of and open to inspection by the ilayor, City LIanaf;er or specially
designated agent of the Board of Pldermen at all reasonable tir:ies all books of
account and cost and operatink, records, a full, true, complete and accurate account
of all moneys received and expended and liabilities incurred by it in connection
with its business and the maintenance and operation of its property. yichita
City Lines, Inc. shall furnish to tYio Cit;r Cleric a copy of the quarterly operating
and financial report prepared in the ordinary coarse of business by its employees
for tine use of its officers and directors, together with such other reports as
rr:^y be requested by the City or required by this ordinance or other ordinances
applicable to it.
Section 9.
Achita City Lines, Inc. shall indemnify and save the City whole and
harmless from any and all claim for injury or da-na;_,e to persons or property
caused by or arising out of the :-�.aintenance and operation of said bus system.
Achita City Lines, Inc., its successors and assigns, shall deposit with
the City Clerk. of Achita Falls, Texas, a good and sufficient bond or insurance
policy, such as may be approved by the City :,'ttorney as to form and approved by
the mayor as to sufficiency and in the amount hereinafter required, and conditioned
that the said Wichita City Lines" Inc., its successors and assigns, shall well
anti truly pay to the ,:ayor of said City and to his successors in office for the
benefit of axiy r,erson or persons injured by reason of the negligent operation of
its buses any amount or amounts which may be awarded by final judgment of ariv
court of competent jurisdic+.,ion a yainst said Achita City Lines, Inc., its succes-
sors and assi7.is, not exceeding- however, for any injuries to any one )er•son the
m su of il'ive Thousand (,?5,000.00j Dollars, or the sum of T;tent T Thousand' ( ,�201000.00)
Dollars for all persons injured in any one accident or occasion; such bond or in-
surance policy shall provide that each claim and cause of action shall survive in
case of the do th of the person injured, for the benefit of the leEa1 beneficiaries
of such person; and that such bond or insurance policy shall not be e-, austed by
the first recovery but shall be subject to successive recoveries and shall be
,,ub ject to ari-; alterations of the routes or ter,_iini of said buses during the time
Arhich sane shall continue in effect. Said bond or insurance policy shall further
provide for an operate to the benefit of any person suffering damage to his property
throu -h negli�•erit opera tion of said buses in a sure not exceeding viva hundred
(40500.00) Dollars for each accident or occasion.
Instead of said bond or insurance policy, as above ;provided, the Achita
City Lines, Inc. , its successors or assigns, may if it so elects, set up a
special reserve fund of Ten Thousand (,y10,000.00) :Dollars to be deposited in
some bank in Achita, Falls, Texas, and which reserve shall be ;maintained for the
benefit of any person or persons injured or suffering property damage by reason
of the negligent operation of its buses and who shall recov-;r a final judgment
in some court of competent jurisdiction against the . ichita City Lines, Inc., its
successors or assigns. .111 sums _^aid out of such reserve by re,-son of any such
final judgment shall be i:iun.ediately replaced by said Achita City Lines, Inc., its
successors or assi;ns, so Vlat said reserve shall at all ties be -;.aintai.ned at
the said sum of .'10,000.00.
Section 10
The franchise herby ;7ranted shall, unless forfeited within the terms
hereof or oti.erwise terminated accoraing to law, continue .for a period of seven (7)
years "rom the date hereof, or until such time as the City of ':jichita Falls
shall purchase and pay for the property and system of vichita City Lines, Inc.
as herein provided. iichita City Lines, Inc. , by the acceptance of this ordi-
nance, grants to the City of Aichita Falls, and the said City reserves the right
at any time after the expiration of one yer from the date when this franchise takes
effect, upon giving reasonable notice in writing of its election to do so, pur-
chase all of the properties of said , ichita City Lines, Inc., of Jichita County,
Texas, and in case the said City of lichita Falls shall so purchase said pro-
perties, it shall pay the then 1oinf- value of such properties and upon the making
of such payment the said vichita. City Lines, Inc. shall deliver to the City of
.ichita Falls proper conveyance of such properties, r_rhf..s, titles and equities
in and to the same, and in the event of such election to purchase such assets
as herein provided, the transfer shall be so effected as to relieve ':.ichita City
Lines, Inc. of all claims and liabilities thereafter, and should there be a con-
troversy as to the value of said properties of the -'iichita City Lines, Inc., the
same shall be determined by a board of arbitration as provided in the provisions
of Title 10 of the f�evised Civil Statutes of UL(e bt,.te of Texas, except that
there shall be no right on the _)art of either .;arty to appeal to the courts and
to a trial de novo. This paragraph shall be binding not only upon 4ichita City
Lines, Inc. , but upon its successors, assi;ns, transferees or any other person
or Dersons operating under this ordinance.
Section 11.
In case the City of iichita Falls should determine to purchase and
ta.zc-e over the properties of -.4ichita City nines, Inc. and upon compliance by said
City with the provisions hereof relative to such purchase, a refusal by the said
ichita. City Lines, Inc. to c(xnply with the provisions of this ordinance relating
to such purchase by the City, or refusal of ichita City Lines, Inc. to execute
a deed, conveyance or assi,nment to the City, as hereinabove provided, shall be
considered a forfeiture of this franchise.
Section 12.
By the acceptance of this franchise :ichita City Lines, Inc. agrees
and obligates itself to pa,y to the City two per cent (2= ) of its annual gross
income as compensation to the City for the -,rant of this franchise and for the
use of the streets, public roads and public places of the City.
.iiehita City Lines, Inc. shall make quarterl7r, on the lsth of Januar;r,
April, July and October of each year, a report to the City Clerk under oath by
its President, Treasurer or Secretary, showing the gross amount received from
business done .-rithin the corporate limits of the City of ';ichita Falls and suburbs
in payment of charges for transporting persons for compensation. +ichita. City
Lines, Inc. at the time of raking said report shall pay to the City Clerk for
the ruarter ending on the last day of the preceding month 2`� of said gross
recei")ts as shown by said quarterly report.
The provisions of this ordinance shall never b� construed to affect
tie ri_I,t of the City to levy and collect ad valorem taxes on the properties
of the said .`ichita City Lines, Inc. located and situated -.,2thin the city
limits, or other lawful assessments and taxes.
6ection _
This franchise shall not b: tr��nsferred excerpt with the approval of
the Board of 'aldermen expressed by ordinance duly passed and approved.
Section 14.
This franchise is ;--ranted with the understanding that nothing con-
tained herein shall ever be held to abridge the right of the City to exercise
the folloieins* rik�-hts and powers, and.. said 4ichita City Lines, Inc. hereby
agrees that such rights and powers may be exercised by the City, to-wit:
(a) To repeal this franchise by ordinance at any time for misuse or
nonuse.
(b) To require proper and adequate extensions of service and to main-
tain such service at the highest practical standard of efficiency.
(c) To establish reasonable standards of service and to prevent unjust
discrimination in service or rates.
(d) To prescribe the forms of accounts and at any time to examine; and
audit the accounts and other records of 'Achita City Lines, Inc.; but if a public
service commission, or any other authority, shall be given the po-vier by law to
prescribe the form of accounts for public utilities throu^hout the State, the
form so prescribed shall be controlling so far as they go, but the Board of
:ldera.enmay prescribe more detailed forms for the use of Achita City Lines, Inc.
(e) To impose such other regulations as may be conducive to the safety,
welfare and accomodation of the public.
Section 15.
In case of the failure of .�ichita City Lines, Inc. to do and perform
each and ever
y one of the terms and conditions herein stipulated to be )ez-formed
by it., or in case of the failure of Jichita. City Lines, Inc. to comply -,,rith the
general ordinance relating to the :�aintenance and operation of bus lines now
in force or hereafter lawfully adopted, the Board of Alder.,.en shall upon thirty
days written notice forfeit, cancel and annul all and singular the rights and
privileges herein -,ranted, b,-; resolution duly .ade and entered on the minutes.
section 16.
This franchise is not e.;clusive and nothin-- herein contained is in-
tended to or shall ever be construed so as to prevent the City front granting
other different or s1milar franchises to an,, other r;erson, f:ir.l, association
or corporation.
Section �L.
Wichita City Lines, Inc. shall forthwith after the date of the passage
of this ordinance file in the office of the City Clerk of the City a written
acceptance of this franchise, and if such accept nce is not so filed then this
ordinance shall be void and of no further force and effect.
: action 18.
in. case of a .forfeiture of the franc!-.ise herein granted b-r the Foard
of :!lderr::en of the City of ichita. al_�_s or by any court of competent jurisdic-
tion for any reason, richita, City Lines, Inc. agrees to continue operating
such ::schedules as they are. then zaaint:;.inin;" and use such equipment as the;- have
available, for a period of not to exceed 90 days, thereby continuing to meet
the transportation needs of the City of Achita, Falls in so far as they are able.
to do so until such time as --nother transportation system can be obtained by
said City.
Section 19.
:hen nerfornance under this franchise by the ,Jichita City Lines, Inc.
its successors or assigns, is prevented by fire, store:, flood., w_�r, rebellion,
insurrection, riot, strike, differences :with wor:agen, act of God or any other
cause beyond the control of said Jichita. City Lines, Inc., its :successors or
assigns, same shall constitute and be an excuse for non-performance of its
terms during said period or pending; said continency.
Section 20.
If any of the terms, conditions and provisions or any part of this
ordinance should be held void or unconstitutional, such holding shall not
affect the validity of any of the other provisions hereof, and same shall be
held _in force and effect and the City hereby reserves the 'right to an-end this
ordinance in such respect as it may be found to be void or unconstitutional,
and if possible reincorporate such provisions so as to make same valid and
constitutional.
Section 21.
This ordinance has been �)rinted in full, a public written report
containing recommendation thereon has been i�,adv by the City Lana.ger to the
Board of aldermen and adequate public hQa,rings have been held hereon and at
least two weeks have expired after its official pulolication in final form
before its adoption by the 'oard oof Ald rn:en.
thz//' day of 1950.
,
Piavor
i
City Clerk