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Ord 1491 04/29/1949ORDINANCE NO. _Ly AN ORDINANCE APPROVING THE TRANSFER TO WICHITA CITY LINES, INC. OF THE FRANCHISE ORIGINALLY GRANTED TO WICHITA TRANSIT CORPORATION AND ITS T. oUCCrSORS, BY THE CITY OF WICHITA FALLS ON APRIL 20, 19422 BY ORDINANCE N0. 1337, WHICH SAID FRANCHISE WAS ACCEPTED BY SAID WICHITA TRANSIT CORPORATION ON APRIL 25, 1942, AND THEREAFTER UNDER TM APPROVAL OF ORDINANCE NO. 1396 TRANSFERRED TO LONE STAR COACHES INC. OF ORDINANCE N0. 1ti30 UNDER APPROVAL TRANSFERRED TO WICHITA TRANSIT T,OOMPANY,AND THEREAFTER UNDER APPROVAL OF ORDINANCE N0. 1490 TRANSFERRED Tip J. S. PERUSSE, AND FURTHER PROVIDING THAT THE SAID WICHITA CITY MAINTAIN AN OFFICE IN LINES, INC., SHALL, THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, SHALL KEEP THEIR BOOKS ACCESSABLE TO SAID CITY AT REASONABLE HOURS, MAINTAIN AND KF}'+P THE BUSSES OPERATED UNDER SAID FRANCHISE WITHIN THE SAID CITY AND PAY AD VALOREM TAXES THEN AND OPERATE BUSSES NOW OPERATED BY SAID J. S. PPAY AD, AND PAY, X CAUSE: TO BE PAID, TO THE CITY OF WICHITA FALLS THE STREET RENTAL, OF TWO OR PER Cam' Ors ANNUAL GROSS PASSENGER RECEIPTS, AS PROVIDED IN ORDINANCE N0. 1337 ORDINANCE NO. 1396, ORDINANCE N0. 1430, AND ORDINANCE NO- 1 0 P FOR THE ACQUISITION OF 15 MODERN TRANSIT TYPE BUSSES WITHIN460�DAYSVFROMG ' APRIL 28, 1949, AND DECLARING AN EMERGENCY. FALLSBE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA , TEXAS: SECTION 1. That the transfer by J. S. Perusse to Wichita City Lines, Inc. of the franchise originally by Ordinance No. 1337, passed and approved onethe20th dta Transit Corporation, and accepted by said corporation on April 25, 1942, thereafteraY of Atransferred ri . by the said Wichita Transit Corporation to Lone Star Coaches, Inc., a Tennessee Corporation, with a permit to do business in the State of Texas by virtue the approval of Ordinance No. 1396, thereafter transferred by the said Loneof Star Coaches, Inc. by virtue of the approval of Ordinance No. Transit Company, and thereafter transferred by the Wichita Transit Company bya virtue of the approval of Ordinance No. subject to the said Wichita City Lines Inc. to J. S. over and is herebya bus lines and service now being operated b J, S,Pking over and eruss operating busses and and to be approved by the Board of Aldermen and sinPc mpl.ianccee with theetermsroandd provisions of said franchise Ordinance No. 13 are now fixed or shall hereafter be fixed byordinaance, ch charges and fares as SECTION 2. Said franchise granted by Ordinance No. 1337 shall be transferred subject to all, of its terms and conditions and subject to all the terms and conditions of Ordinance No. 1396, subject to all the terms and conditions of Ordinance No. 1430, and subject to all the terms and conditions of Ordinance No. 1490, and it is understood that Wichita City Lines, Inc. shall maintain an office in the City of Wichita Falls, Texas; shall keep its original books and records pertaining to the operation of the business in the City of Wichita Falls, Texas; that all busses operated by it or its assignees under said franchise and the numbered amendments thereto as heretofore set out, shall have their situs for taxation purposes in the corporate limits of the City of Wichita Falls, Texas, and the said Wichita City Lines, Inc, shall pay, or cause to be paid, to the City of Wichita Falls, Texas, street rentals of two per cent of the gross passenger receipts from the operation of its busses as is provided for by the franchise Ordinance No. 1337, SECTION 3. In accepting the assignment of such franchise, as granted by Ordinance No. 1337, Wichita City Lines, Inc. binds itself to acquire and put into service upon the streets of the City of Wichita Falls, Texas, in the regular operation of its business 15 modern type transit busses with a Passenger capacity of not less than 29 passengers eachin com 1 n agreement said Wichita City Lines • , Inc, agrees that it will aequi�reg with this into operation on the streets of the City of Wichita Falls, Texas, in the regular operation of its business. -said 15 busses as follows: 5 within 20 days from April 2g, 1949, 5 additional within 40 days from such date, and 5 additional within 60 days from such date, SECTION 4. The fact that the busses 00V owned by J. S. Perusse, as an individual, were not in operation upon the streets of the City of Wichita Falls, Texas, on April 28, 1949, and had not been in operation upon the streets of the City of Wichita Falls, Texas, since the close of the day April 22, 1949, because of labor troubles between the Amalgamated Association of Street Electric Railway and Motor Coach Employes of America and the then owner of the franchise granted by Ordinance No, 1337, Wichita Transit Comp, usse and because of the fact that on the 28th day of April, 1949, J. S. any as an individual, purchased all the physical assets and the franchise created by Ordinance No. 1337 from the Wichita Transit Company with the expressed intention and full agreement of the City Council of the City of Wichita Falls to form a corporation under the laws of the State of Texas to actually own and operate such busses and the said J. S. Perusse did on the 28th day of April, 1949, purchase the foresaid physical assets and franchise from the Wichita Transit Company and did begin the operation of busses upon the streets of the City of Wichita Falls by reason of his being the owner of same and further because the City Council has bound the City of Wichita Falls by agreement as contained in Ordinance No. 1490 passed in due form by the City Council in open meeting held on the 28th day of April, 1949, that the said J. S. Perusse title and interest in and to the franchise created by Ordinance No, 1337 should have the right to form such corporation and transfer all of his right such corporation, and further for the reason that if such transfer of saito d franchise is not fully consummated as contemplated by the parties it is be- lieved that there would be more labor trouble and the busses would again to be operated upon the streets of the City of Wichita Fallscease , Texas, thereby endangering the peace, health, and safety of property of the citizens of the City of Wichita Falls, creates an emergency and the rule requiring the reading of ordinances on three separate days is hereby suspended and this ordinance shall take effect from and after its passage and approval* PASSED AND APPROVED this the day of A. D. 1949 *"--- ,P' Mayor ATTEST: