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Ord 1149 1/8/1934 ORDINANCE NO._LL� AN ORDINANCE AUTHORIZING THE WICHITA FALLS TRACTION CO ARTY TO SUB- STITUTE A COhPL"TE SYSTE ,T OF h0TOR BUSSES FOR THE SYSTElf OF STREET CARS HERETOFORE USED BY IT IN CARRYING PASSENGERS FOR HIRE OVER THE PUBLIC ST ZETS AND HIGHWAYS .`uITHIN TIE CORPORATE LIMITS OF THE CITY OF ?rrICHITA FALLS; PER1 ITTING THE RE1IOVAL OF STREET CAR TRACKS, GUY WIRES, TROLLEY POSTS, AND ALL OTHER E,,UIP ENT BELONGING TO THE WICHITA FALLS TRACTION COr'l:PANY AED LOCATED UPON THE STREETS AND P(T13LIC WAYS CF THE CITY OF WICHITA FALLS; SPECIFYING THE T1ANIN R IN '-dHICH T:IOTOR BUS ROUTES SHALL BE DESIGNATED; PROVIDING FOR A SEAT TAX; AND PROVIDING THAT ALL OTILEER ORDI- N1d�MS NOW, IN FORCE RELATING TO THE OPERATION BY THE WICHITA FALLS TRAC- T ION COKPANY OF MOTOR BUSSES UPON THE STREETS AND PUBLIC fiAYS OF THE CITY OF e'yICHI`_"A FALLS SHALL REMAIN IN FORCE, AND THAT THE TER,%S OF OTH ;R ORDIN?.T.'aCES NOT SPECIFICALLY APPLICABLE TO THE OPERATION OF STREET CARS SHALL LIK�'V?ISE REli?AIN IN FULL FORCE; EXCEPT THE FR,�NCHISE SHALL TERMINATE TEN YEARS FRO11 AND AFTER THE PAS SAGE AND APPROVAL OF THIS ORDI- ,TCE; AND DECL,&RING AN EMERGENCY. BE IT ORDAINED BY THE BOA��,D OF ALDERT'gN OF THE CITY OF WICHITA F ALLS, TEXAS: SECTION 1. That the Wichita malls Traction Company (hereinafter called the Company) is hereby authorized to substitute , in whole or in part , motor busses for street cars in transportation of passengers for hire over the streets and public ways of the City of Wichita Falls ; to remove all trolley lines , guy wires , trolley posts , and all .other equip- ment used as a part of the overhead trolley structure; and to remove all rails , ties, and other equipment that may be a part of the track struc- ture. Upon the removal of any tracks imbedded in pavement, the pavement shall be placed in the condition it was before such removal, and if tracks are removed from unpaved streets or from unpaved portions in the center of the paved street , th.: ground shall be placed in the condition it was before such removal, and when trolley posts are removed from the ground, the holes shall be filled and the ground shall be placed in the condition it was before the trolley posts were erected; provided, how- ever, that the Company is not hereby required t�o remove any. rails An ow ; eF e e. `th tiA4Ebb0N t�t 4 4 Upon 2. U on the abandonment o an line of st eet rai + y, _ p Y or any portion thereof , and after the removal of all trolley lines , guy wires , trolley posts, and tracks , the company shall be relieved of all liability heretofore assumed or imposed by ordinance., or other- wise , to repair, replace , or maintain any bridge , street or public way, or any portion thereof, upon which street car ;;racks have here- tofore been located and from -,hich the rails have been removed; pro- vided, however that the company shall likewise be relieved of all such liability upon abandonment of any line of street railway, or portion thereof , imbedded in the pavement upon any street , regardless of wheth- er or not the tracks are removed. SECTION 3. The Company is only authorized to operate motor busses which are satisfactory and adequate in operating a system of motor bus transportation within the city. SECTION? 4. Before operating buses in substitution for existing street car service, the Company shall designate in writing; with the clerk of the City the streets and public ways over -;.,hich it will oper- ate the busses and shall file a schedule which it will follo;v and main- tain in the operation of said busses, as provided by the terms of Ordi- nance 6569 of December 149 1925, such routes and schedules to be sub- ject to approval by the iayor and Board of Aldermen. S ,3CTI0N 5. The Company shall comply with the Iterms and require- 6 tit ,dF. v"7 ments of Ordinance 656, of December 14, 1925, except as hereinafter pro- vided, in the operation of all its motor busses except insofar as the provisions of said ordinance have been abrogated, modified, or otherwise altered, by the terms and provisions of subsequent ordinances relating to the operation of motor busses. The terms and provisions of all prev- ,� ious ordinances relating to the operation and maintenance of a system 0 of street cars shall remain in effect insofar as thev are applicable to the operation and maintenance of a system of motor bus transportation, but otherwise shall be effective, except that the following Section 6 { shall be substituted in lieu of Section 4, of the Ordinance numbered 656, aforesaid. m 1� 93� S�Iv 6. There shall be levied and collected during the ye�3 a tax of 2.00 for each passenger seat on all vehicles or busses in service operated by said traction comp streets of the said city of 'lichita Falls , and for the year^l 35 2;50 per seat in each bus so operated as aforesaid, and tn.ereafter the per seat tax shall be raised in accordance with population, that R,�c say, on each 5000 increase in population in +,r'ichita .Falls after Qu" = lst, —l93S the tax shall be raised fifty cents per seat ; if, however, the p 6dla- tion does not increase , then the maxirnum� amount of y'�2.50 per seat shall Abe charged. The increase in the population as above provided for shall be determined by the Chamber of Commerce of the Idity of `tiaichita Falls through proper committees from that body, and its estimate of the pop- ulation shall be conclusive and binding as to the right to charge the increased rates as provided. That is , the said chamber of C er shall determine the populati o the city on the 1st day of y , 14 and on the lst day of each ereafter and if the population has increased 5000 or more on y 1;� or the 1st day of any yeeul � thereafter, then the seat 6har4e shale increased 50 cents for each 5000 in rease in population over and above the population so found as of J 1, jgssIt is agreed that said tax shall be paid semi- annually ri ' van e, and that same shall mature semi-annually on �y 4 1st and st of each ear, and shall become due and payable on or ` before ry 1st andinfu"M lst of each year on all busses in service or in operation a.t said semi-annual periods after maturity as aforesaid) Provided further that at no time shall the maximum tax 'be levied by the City of Wichita falls against said busses on the per seat basis oe more than �5.00 per seat. The tax herein provided for is in lieu of the gross receipts tax as provided for in Section 4 of Ordinance i?o. 656. go The term "seat" as used in this ordinance shall mean the seating; capacity of busses and shall mean the seating space provided for 1 passenger in such busses , that is if a bus has seating capacity for fourteen passengers , same shall be construed and held Lo have :Four- teen "seats" for the purposes of this section. SECTION 7. "phis ordinance and the franchise herein granted � is declared to be an amendment to Ordinance 108, granting a franchise to Jos. A. Kemp and Frank Kell, on January 27, 1909, and all prior amendments thereto; except the franchise herein granted shall terminate . ten years from and after the passage and approval of this Ordinance , which is hereby supplemented as provided in this ordinance. _he fran- chise granted by Ordinance 108 and all the rights in connection there- " � ,Ath have heretoforebeen assigned and transferred to the ompany by Jos. A.. Kemp and frank Kell, and since said transfer the Company has been and is now recognized as the lawful successor to said rights and franchise, but same is recognized to exist only for a period of ten years from and after the passage and approval of this t:-rdinance. R SECTION 8. The fact that the further o-peration and main- tenance by the company of a system of street car transportation is burdensome because of the prohibitive cost of operation and maintenance and the fact that better service can be rendered by the Company by the operation of motor busses create an imperative public necessity re- quiring that the rule providing that an ordinance be read on three several days be , and it is here now, suspended, and this ordinance shall take effect from and after its passage. This ordinance passed and approved this '91kday of A.D. *9";R. / s' Mayor. ATTEST: City Clerk. Approved as to form: City Attorney.