Ord 1337 4/20/1942 ASSAM MD.
VITT Xt AM ITS
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OF ILSF CITY CY r.,JrJj'J'rt* FPU.53, TI"AAS* AMJ "SCRIBING 1W- TMWS ANTI MMD1710M
war'll Mai niuffm" wiyil-lt-a-s' A'�"mm W"CHI0r3 :---4%U M zArnw-ED6
Bt IT UXII�IAIXZD By %W- DO]" "r ALtM=-F'X Or THK CJTY' C,f %JCfUT,' FATIS,
Thery is hereby gmuted to Wichits Transit Corporation, a Te7.as Corporations
and its lavd,,�al successorog the right and privilege to rmintaiii and operate buses as a
city-wide rotor bus transporation snystor,. for the purpose of cerryinp-, nPsn*W,,rs for
hire in and upon the -nublic roads, avenues, streats, alloys nnd hl(�,,7,h M. ys within the
corporate linitS Of the City c�,;f jyiai-�Ita rtils, Textes subjoet to the term& and provi
sions Of this OrdiDance# and also subject tc such other r,�,gulatiOna as may hereinafter
I(' tion nr a ts successors*
be lawfully irposed u),.)cn said V,'Ichitft Transit rpoxn,
'*�CTIO 20
The 4,*rtinsit C"Orporation ihall PlaGs In service and continue tc. Ilse "Ipon its
bts lines '�iuses of such design and equipment are furnished w4th such, 1.,rlprovm- enta and
appliances an shall to reasonably necogewy and proper to ref.'t the bus transportation
needs of the litY and for the safety, cor.-'.fort of t1ae and
the Pulblic.
U(PrION
The Wjc'��,Jta 'IYanolt Corporation shall vdthin 60 days from the date of the
passae-e c-f t*nis ore.inance file with the Gity Clerk of the CitY Of Wichita Falls a
VWitten desiCnAtion, of thle street* within the City Of Vdchit& Ftlls on and over V,-Ac'n
it proposes to ope-1-nte its rotor bus transportation systOrt together wi+.h the sched-
ulas which It proposes tc, fol'-,ov and. nsintain. The !Ward Of AldOrMOn Of thO Cit Of
re o V)PMve such designation axd
tici,ita Falls reserves the ri&. t, if it 4051' so t di ss�
schedUes, and. in t�le event of such disapproval shall �-'cet vitll the transit Corpor-
ation and work out satisfc-.OtOrv, Mute$ schedules' "ay ahen��es tha t thereafter
shall be made in routes or that p�,ay be zia(�,o iij schedules a all be first approved by
the Board of Alderren of the C-itY Of VichitP- xr�s.
T�'CTIOV AL
T';Iw Trw,,sit Uorporrtion co-,renant.'s that it Vd11 at all ti Mas koep all of
its prOperty and buse�s in ��, od and business-like order and repair ars! as a vhOlO,
in colf
.ition to give ef-P ctive service; and the Transit Corporstion vill 50t ' P
I u he s8f-e lkhen
mw ntain. a repair maintermnee and depreciation reserve ani viAl 50 t
and to the extent necil-��Fary tv )�Pep I ts eq,ul.T-yry Dt in first class condition.
'!'he Transit ^' Crporation shall carry no freight cr exp ess, other that for
the use of the Transit %rperation cr Its arlployees consent be given by the
City by -'�,,solution c.,,f the 43oarre cf Aldlerr-,,en rtich shall nrovide such regvlatlonz re-
latiLg theroto as the City I'RY doer, necessaryo
677UT102i 6,
The Wichita Tr,-,nsit Corporction is authorized to charge a cash fare Of
10 cents per a4ult, r4rson -.Lor transporting or c��rryiiw, avach passenger on its
f
buses* pmvided that four tickets cr tokens shal-1 be acl � for 25 cents to all adult
passonf7 such tickets or tokens be kept for
��ers vft shall apply for sare; and �
sale -y all otormen sad conductors on such motor buses* sad at sixh, other places
in the CAity of richits, ftll$ as nay be designated """y the Trnnsit Corporrtion.
The rates of fares provided for herein are for Mly one continuous ride
prosent or futule bus lines of the Transit Cor-
in one direction over any of the
poration r-ithin the ccrpor-�te li=its of the city* The Transit Cor-poretion shall
not be rr.,quired to furnish any rouw! trip passapv over any 'line or lines for a
si�Ip enger by transfer fror, any -000int on its lines to
,le ftire or to cerry anY TABS single fj,.re, The Transit Corporation
another potnt in the sar.o vicinity for d
Al on, make wich 1�etisonsble regula-
May, subject to the approval Of the Board Of A 10M,
tions rot Inconsistent.herewith or with other or0innnc6s related U,,� such mtters as
Id atuse f,�f transfers,. The TrFinsit Corpor-
my be nlecessary to PrOvOut the misuse aU � or.fter to be fixed by
ation shall frive tranofors un-lar ��Tovlslons nor fixed or tier
general 0-dinance,
The Transit Corporation. shall give no msses or free service to any
son, except to, those enraf,-,�ed In the rain-enance and operan'tiOn of ts busi' 0, s
Children five years (,�f aV or le-,sl, wten attended by a psj�sengcr, a�!Ove
said ar e'ces Of 5 and 12 Years shall
�o ahsll to carried froe, Children bet"en the t
be carried for 1/2 of the f!-,r^, r� r�',ul�rly co',lected for the transportstion of Clldtats-
Tickets In lots Of 10 88cht jV trip over the line or lines owned and oper-
, od f or one gw., not to exceed 35 cents to
ated by the Transit Corpo-,t�.ticn shall be scl�! for a
students in actual &ttery',ance upon any noader-las public or private schcols situt-ted
within the City of 11�iclita Yalle.
All such passengers shall e#Joy the sari-e rights tc
t,,Ie use of transfers as
"res,
full 0!�
,ed to pas"agers payin,
S.-wTWN 171.
The Trpwr4it Ccr%,� ratiora, its successors and sM4i9n* shall ';,esP
ar,(,z _,ia-Intain the headquarters and principal office Off zzid bus o(,VrPaU7# its suc-
cenaors and nasigns, 63-11 Of cny corporation wbieh may hereafter becone the owner
W 0 h to
0 f Wi I
franehises granted, within the sit,; lirlits Of the "Ity
of the ri .,,bts an, ure C'm wI
',1VUlls contir-uously durir,,t, the life of tte frar4hise; W26 uwn fail tO 0 ',_,"ly th
this provision by any person or corporation holdirW, this franchises same shall be
forfeited of no further force and off-eat,
a&U'riuk, a:
The Transit Corporation "I At all times k6sP in "Its Offi0e A the dis-
posal of and open to inmection by tbo W&YOrt City ',1,,,anaMr or specially dcsignx-ted
apent of the Baard of Aldermon, nt all reasonable tir.es all books of account and -nGyf
cost and operating recorl-'s, a full,, true, complete and ticeurato account Of all Mr,
received and expanded and liabilitiGs incurred by it n conneetlon with its business
and the im- intenance and op"ition of its -,�rcpertyo The Transit Corportktion Shall
furnish to the City Clerk a copy of the quarterly operating and fina=bl report
prepured in the Ordinary course of business by Its arployees for the use Of its Of-
ficers and directors, together with such other reports as ray be rquested by the
or rf!quired by this 0-r,"Anance or other QydlwWlaces to it-
�!MTION 9,
Wiah.ite Transit Corporation shall in��'amnify ard Save the City
r,hc:le and ha%le" fror any and all clairk fbr injury or da-Trao tc; persons or pro-
perty 0. c-upied by or arisinF 01.1t Or tho nal,,-4enanoe and operation Of 841d bus
The pichit& Transit Corporntion s -its succe �nort% and sitall de-
posit vith the �71ty -lark of r1chita ralls, Tt-,x6so a good and sufficient bonA or
inaux.-ance policy, such cis may be approved by tbe City Attornoy Ps tG and
approved by t'le Ynyor as to safriciency and in the anount horeimfter re-VArade
_.�essors and assigns,
and 0�-,rujitioned that. the Wichi_V� Transit Corpor�'-Aicn, its suc� sw
shall well and trulyr ,*y to the 4cyor of said City 6ne! to his BU000 rs in office
for the benefit of any 1�vrson, or �iersons injured by reason. c,17 t,�,a nagl6q6nt aper-
ation OIL, its busea any amcunt, or amounts which may be auarded by final judgment
of any court of competent Jurisdiction srzinst t1jo Idehits Transit Corporntiont
its successors anj as,,5ig es o any ons
,ns, not e=aedinf,# hovoonver, for any Injuri t Th
person the sum of IFIVO 'Mousand (S. 5,000,0;)) Dollars, or the stxl, of TVAnt - Ou nd
(Z,20,0D0,,00) Dollars for all persons injured In any one accident or occasion; such
U ca 0 of action shall
bond or insurance policy Shall provide that eac"', -claill a d us
surTivo in cnse of tj-�e death off the person injured for the berefit ,,f thO lc,,7al
beneficiaries (if such proon; ard that such twnd or insuran,Ll;e PGliCY shall not be
e:dmusted by the first rveovevj but shall le subject to successive rreoveries and
&,zall 1-�e subject to any d1terations of the rou"es or ternini of said buse.8 during
the tjj�e sar.10 611811 continue . n effect, Said boad or insurance rr�olic)r shall
'L ,ftr,* to
the banefit Of any parson suffering dam
f-urther prcvide for and OPOImte tc) not e=oedinp,
t Opel-rAtion of said buses in 5 51=
,-is
,li Men
)rc
.' perty throug' _t or occasion*
fi-,;e hundred jp�)0,00) dollars for ceeb accider
jns,ea�j of said bone or insurance poli- Yo as above movided, the Trunsi
ecial re--
or a83
asors �&Y i f it kc gjaetg, got �jp a sp in
Corporation, its suc('O (V109000,00) 1)01',ers to be deposited in scr'8 bank
serve fund of Ten Thousand
f,jc��jjta Texas, &X4 whtch -res,rve shall be Maintained for the lonsfit Of SM
erty deraf,,-e by reason of the neg
gligent
person or person# injured or aa-,-f r rop f1m, judt7
ent 1,n gor,,e court of
Ope,ation of its buses and who e,,a' l recowr S si gnat
corpetent Jurisdiction af7ftiDst, the Ttansit Corporation* suc,,eseors or ,a
final Judgment, shall be
uch raserVO by -,'e'Y2,scn- �-:f any such
All suras paid Out 0"' 8 � Transit C;orporstions its sue essora or asAgns, 40
y replaced by Uhs sF�id Sur: of ;100000,00*
inr,ediatell aj-,t Ined at t1r-P,
*tat said reserve shall. at all tji.ries be - � M
6. �Lr�icriio.
then the City apd TraLsit Corporution canrot ap-rce in re�'--,!rd to such rat-
ter* as may arise unler t�� .74s franchiss UA axe g bject to arbitration hereunder, then
either party, c-ne or the other$ sh.all require Such difi'erence to be first submitted
tv arbitretion before, claiming the other party to be in default with reforeUc to
sw,,,,e. ,juch arbitration shall be -1r,,7,anjzsd, qroseeutee� and determilled within the
10 of the ,> Texas excaPt
provisions of Title Avised Civil Statutes of the State Of nOv0
the�-e shall be no right "peal on t1ja part or either perty for a trial dG
by t �e Court* and Vais section of this C—diMnec shall 00318"tute an
to tj_
tiono, e extent it leqb_�ll.y possible
e City and the TrLneit Corpore
'r hat tte avard of the arbitrato�,'s shall be fif:'all
for su(b Parties to 30 W ee, t either
it is not intended hereby to limit the laral remedie,B 01'
I-Irovided, bowever, e on tbe Port Of 811ch arbi-
party if arA in the event of r nalfeas&nc
,19feasance or r
trators,
�Wxlulhil.
The franchise hereby grpnted shalls, unleis forreited withi- the terns
he,--ecf, or othervilso t(-,rnin.Pnte4 acm. rding, to Inv, cc,
,Itirlue for a period Of fifteen
f or until such tij-g as the city shall purchase and
ye2ra fror. tlf'e dats h0!-80 T. ris herein provided,
pay for thAe Trensit CrrporatiOn ,voperty arO vste7k,
ion !,c-,eptanr*O__f this 4jrdinanee graLts to the
The Trarsit C0rP0_,-&t ght at ar ) yetirs fror
Cit, �y time after five (5
,r and t1le Cit !ereby reserves the ri upon givinp
effect* �� r t�aonable notice in
the date up n vshieb tj�js fruachise takes 0- ran
,)ertie a (�f the T �sit
its election be to do, to purchase all Of the TV
Vri ti lv;g� 0 f ta 3ounty. Texts.. in ceee the CitY shall so purchase said -pro-
Corporr�tion iii Wiahi roing value of such property, ard upon the r,:Akiw�, of
porties, It shall Pay t-�e then -Wo
such paynent, the Transit Corporatiou, shall deliver to t 0 City a Per
O:C all suoh properties of all its rights, titlss and equities in Ond tO such
pe-ties exid in the event of such election to nurchave and MIch transfer of assets
I f_�r shall be so affected as to relieve tte Transit
as herein ;rrovided, thr,
"a and lin1,11itiO00
of all alai*
value cf tne Transit CorporutiontS
Should there be a controve"Y as to thO deterrinod, 1�y a T�Oflrd
property at thO UTO f such purchase, than such valuO shall be
of Arbitrationas provided herein.
The provisions Of this 7�00'-ict shall Mt in anywise be held to abridge the
rties t)y coi:idennation -o
rights Cf the city to acquire such 7rope xvccedinjs or in any
n ubject to the C%erter
other leFal ranner$ ard the `r(,�visjona of this Section t!.ro w
provisior�$ Of t.he Cha-,-ter of the CitY rf T"iclIt"
51--mcki-Iga-
In emse the City should deterr, M tc. 7urehuse and take over tim proper-
ties of Via Transit GorPOrV�tion and upon ecrpliance by the City with the Prc,Vi-
sions hej-eof rolative to such purebaset tt rcfusal by the Transit Corporation to
- ting to such purchase by the CitY
(,�or,nly vi assignment
� th tl,,e prcv13jons c,f this 0-d a doed, aon!10y&nc@ or
or r,_,fusal of the Transit Ccrportticn to 0X9*u. nsidered a forfeiture of this
to the City, as hereinabove provided, shall be 00
franchise,
WICUUN 130
Py the ac�eptance of this 1franchise the Transit Corporation L,-roes and
obligates it-3elf tc -)Uy to the city, two per cent of its annual gross inoove
an compenzation to the City for the grant of this franchise en 7, for tlhe u9s of
the streets, publie roads nnd public places of the City,
The Transit Corporatict shall rake qwrterly or the 15th of Jn,,zary,
April, July and October of each. year a report to the City Clerk under oath by
its Preallent, Treasurer or Secretary, showinr the �7rosz amount received fror busi-
asom done vithin t1he oor"rate lir, to of the City of Wichita "Qlls and suburbs ir.
parwat cf charges for transporting, persons for cumpensation. The Transit Corpor-
ation at the time of making 3aid report shall pay to the City Clark for the quarter
ending on the last day t1V nre,-Odir�r ronth 2% of 3eid gross rt�,ceipts as shown
by said quarterly report,
The provisions of this orlirame shall never be wrstrued to ofi'ect the
right cf z a City to levy anti collect R,.d valcrem taxes �-;r the -,-Aroperties of the
,11,ra-usit Uoj-porntion lcc�,,ted and situa�ad within the city lir..'to or other lawfal
assesements an;.4 taxes*
GTI 0 v L4
—nis 1, anchist� s'l-aill :,;ot is transferre.1 exi,ept rit"-, V- ppr v I of
r �_ a a o a th a
ps .
pottrd of Aldemnen expnessed ty ordinnnc& dUy #,;2�ed and approved.
aECTION 14,
This frar-chise is i-ranted vIt'l-, the utriderstandinf.-, that nothing, contained
herein aball ever be hold to abridge the right of the City to exercise t1v fc1low-
ing ri&ts a-id POVO. S. and said Transit "'Crporntion hereby a roes that such riF�hta
and mvers ;:,�ay be exorcised by the City, to-wit:
(a) To I-epeal this. f-rariehise vy ordinance at any tire for nisuse or
nonuse*
(b) TD rcqquire proper and adequate extensions of service and to 14ain-
teiz,j el&- sonvice ct the hi;dwst t-rectienl stand,�,ri of efficiency.
(c) To establish reascmble standards of service n.-nd to prevent unjust
discrimination in service or rates*
(d) To n2,escribe the forms c f aecount s ard at any tir* tc Q=r�; no and
audit the accounts cn�., other rt�corda of the Transit Corpo-:ntion; but if a lmblia
BOrViCe OCrViSSIDt, or any other authority shall be �ivsn the poW by law to
prescribe the forr, of accounts for public utilities throughout the Z'sta-te, the
forr so prescribed shall be contrcIlinr so frx as they go, but the no*8rd of
Aldermen may pr,�scribe noxe detailed forinz for the use of the Transit lorporation.
(6) To irpose such other rftgulftions as i_�,*y be conducive to the Safety,
velfare and acconnodation rf the public.
16,
In ea::5eKf the failu,-e of the Trtnsit (k,,rporetlon to do an." Perform eaoh
and ev�5ry ote of the terns and conditions herein stipulated to be performed by it,
or in ease of the failure ot the rransit Gorporation to c=ply with the rene-ral
ordinances relating to the maintenance cr operetion of bus li.rios row In force or
hereafter lavfully adopted, or in cese c)f tlue vilful and continuous violation, by
the Transit Corporation of any arard or decision of any %an� -f .rbi -rators, and
If in any such ce,-�e such f ailurt, shall continue for six ronths &f ter vritterz no- ice
to the TTransit Corporation from t-,e f7*it- specifyinF,, he a efaul i c ar-
t lleg d d t an-,, de 1
ing its in�entlon to exact a forfeiture by ronson thereof, the "I'rensit Corporation
shall on -'eso.lution of the %lar,05, f Alder,.�,en forfeit all find singular the ri F,-.Ats
and 7rivileges herein granted.
7'his franobise is not exclusive and r4othing, Ifterein contained is intended
to or shall ever be construed so an to Trovrent the city from grantinp t r i ' rent
,t 0 he d
or similar franchises to any other person, fim, association cr oorporatione
If any of the terms. evm�,Jtione ari�! provisions or any part of this orelln-
F.�4 j" C 0
&nee should be held void or mmc.-nstitutional, such holding shall not i le t th
validity of any of tiie other �wovislons ho.--eof and sare shall be hold in foree and
eff"ect and the City -hereby reserves the rif,
,ht tc, spend t1his or-3inance in. sue-la re-
sWet as it may be found tc be void or unecnatitutional, and if possible, rein-
corporate mich �wovisions so as to tr-lke sw-,ie valid and constitutional*
IMVTIO-�' 19"
The Trwisit Corporation shall within 15 Aays frou the date of the passar.v
of this ordinance file In the office of the City Clark of the City a Written r-.c top-
tance of t'his 1'renchise, and If such acceptance is not so filed, t1ben this ordinance
shall be vcid and (--f no further force and el-eato
z;tUTIOu 20.
This Ordinance has been �-rinted In full, a public uritten report contain-
ing r: ccrjrendRtion thereon has been made by the City Vanager to the Hoard of Alder-
men end fadeqliate public hearings have be-em hold hereou and at least two have
expired after its official publications ir 'final form before its ndoption b7 the
Board of Alderman.
?W�';t;F.D AND, A,1111'KMV!) th*PRPW day of" A. V 1942,
CITY C1.7m0k