Ord 1490 04/28/1949ORDINANCE NO.�C/
AN ORDINANCE APPROVING TIE TRANSFER TO J. S. PERUSSE OF
TICE FRANCHISE ORIGINALLY GRANTED TO WICHITA TRANSIT CORPORATION AND
ITS LAWFUL SUCCESSORS, BY TM: CITY OF WICHITA FALLS ON APRIL 202
1942 BY ORDINANCE NO. 1337, WHICH SAID FRANCHISE WAS ACCEPTED BY
SAID WICHITA TRANSIT CORPORATION ON APRIL 25, 1942s AND THEREAFTER
UNDER THE'APPROVAL OF ORDINANCE NO. 1396 TRANSFERRED TO LONE STAR
COACHES, INC., AND THEREAFTER UNDER APPROVAL OF ORDINANCE NO. 1430
TRANSFERRED TO TH�, WICHITA TRANSIT COITANY, AND FURTrER PROVIDING
THAT THE SAID J. S. PERUSSE SHALL iTAINTAIN AN OFFICE IN THE COR-
PORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS AND MAINTAIN AND
KEEP THE BUSSES OPERATED UNDER SAID FRANCHISE WITHIN THE SAID CITY
AND PAY AD VALOREM TAXES THEREON AND OPERATE. BUSSES NO V OPERATED BY
SAID WICHITA TRANSIT CO FATTY, AND PAY, OR CAUSED TO BE PAID, TO THE
CITY OF WICHITA FALLS TIE STREET RENTAL OF T`v'VO PLR CENT OF ANNUAL
GROSS PASSE!'dr,ER RECEIPTS, AS PROVIDED IN ORDINANCE NO. 1337, ORDI-
NANCE NO. 13969 AND ORDINANCE NO. 1430; APPROVING AND GIVING SAID
J. S. PE 1USSE TRH RIGHT TO ASSIGN OR TRANSFER SAID FRANCHISE TO A
CORPORATION TO BE ORGANIZED BY Hi-14; PROVIDING FOR THE ACQUISITION
OF 15 MODERN TRANSIT APE BUSSES WITHIN 60 DAYS, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE BOARD OF AI.DERIOIEN OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1. That the transfer by Wichita Transit Company
to J. S. Perusse of the franchise originally granted to 'Wichita
Transit Corporation, by Ordinance No. 1337, passed and approved
on the 20th day of April 1942, and accepted by said corporation
on April 25, 1942, thereafter transferred by the said Wichita
Transit Corporation to Lone Star Coaches, Inc., a Tennessee Corp-
oration, with a permit to do business in the State of Texas, by
virtue of the approval of Ordinance No. 1396, and thereafter trans-
ferred by the said Lone Star Coaches, Inc. by virtue of the approval
of Ordinance No. 1430, to Wichita Transit Company, is hereby approved,
subject to the said J. S. Perusse taking over and operating
busses and bus lines and service now being operated by Wichita
Transit Company upon schedules approved and to be approved by the
Board of Aldermen and in compliance with the terms and provisions
of said franchise Ordinance No. 1337, for such charges and fares
as are now fixed or shall hereafter be fixed by ordinance.
SECTION 2. Said franchise granted by Ordinance No.
1337 shall be transferred subject to all of its terms and condi-
tions and subject to all the terms and conditions of Ordinance No.
1396, and subject to all the terms and conditions of Ordinance No.
1430, and it is understood that J. S. Perusse shall maintain an
office in the City of Wichita Falls, Texas; shall keep his original
books and records pertaining to the operation of the business in
the City of Wichita Falls, Texas; that all busses operated by him
or his assignee 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 J. S. Perusse shall pay, or caused to be paid, to the
City o: 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.. That the said J. S. Perusse shall have the
right without further action on the part of the City Council of the
City of Wichita Falls, Texas, to assign and transfer said franchise,
to a corporation to be organized by him.
SECTION 4. In accepting the assignment of such franchise,
as granted by Ordinance No. 1337, J. S. Perusse binds himself to
acquire and put into service upon the streets of the City of Wichita
Falls, Texas, in the regular operation of his business 15 modern
type transit busses with a passenger capacity of not less than 29
passengers each; in complying with this agreement said J. S. Perusse
agrees that he will acquire and put into operation on the streets
of Wichita Falls, Texas, in the regular operation of his business
said 15 busses as follows:, 5 within 20 days from this date, 5
additional within 40 days from this date, and 5 additional within
60 days from this date.
SECTION 5. The fact that the busses now owned by the
Wichita Transit Company are not in operation upon the streets of
the City of Wichita Falls, Texas, because of labor troubles and
the fact that J. S. Perusse has agreed with the City Council of
the City of Wichita Falls, Texas, and with Local Union No. 1409
of The Amalgamated Association of Street Electric Railway and
Motor Coach Employes of America that immediately upon final closing
of the deal between himself and Wichita Transit Company so that
he can legally take over and operate the bus system of the City
of Wichita Falls, Texas, he will do sod thereby providing the citi-
zens of the City of Wichita Falls, Texas with a public transpor-
tation service, 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.
SECTION 6. This ordinance is based on the final consu-
mation of a business transaction between Wichita Transit Company,
present owner of the Franchise. Created by ordinance No. 1-337, and
J. S. Perusse, wherein said J. S. Perusse is purchasing and the
Wichita Transit Company is selling all its physical assets and
all its rights in said franchise, in the event said business trans-
action is not consumated this ordinance shail be null and void.
PASSED AND APPROVED this the 28th day of April A. D. 1949.
ATTEST:. Mayor
ity Clerk