Ord 656 12/14/1925 RECOYXB1M-,,TI011 OF VD}YOR R'[7L-,-TIVV; TO
ORD11IL-1140.111, 1-740. 6569
F
T';-L, BOPED 0
'ICHITi Fi,LL3p
recor.miend the passage of t'li,e attacl:ied ordinmee
and cubmit the s-ame to you for your contAderation, I 1--ereby
-,
order that said ordinance be publishedin full in the Achita
f.,-,Ills 'Record lieas with this recommendation, and further pro-
vide t,"at a public hearing will be held on the 14th day of
December 19251 in the council chamber in the Morgan Buildings'
in the City Of ''1chita Falls.. Texas., at which tir,-,e and place
anybne Interested In t1le provisions and terms of said ordinance
may ap year before t"he hoard of Aldermen and will be given a
full 'Ind fair Licari:E as to any objec:tions or amendments t'f-gat
is oy m-,.),y to raise or present.
this the lOtLl of
my oj,f*jcjal
1925.
Liayor.
656*
IC, iTz- YJL 1,�-d Ti�,:1J ' 01,;
TO
Ini: R,!(w'1:.T T)
MOT01i
CIIPY
P OLi
RTE' ' U
11 S M 1. A!,
d January 27th 1909j,
108, date
r3V ordinance No
t1jo City Council of tj-je city of "Achita Palls.. Toxs, g,-,grated
to joscp'• Kemp arr' pra-rik Kell, of Achita Falls, Texas, the
right to construct., maintaii-i am-i operatle a street car line over
certain streets In t1,e City of ''.1cAta IpUls,, and..
'vinr heretofore been
j-1�)J, said rights ano l f rancl ise ha
z rd Frank Kell to t1,10 C"-ita
transferred by Josep--�; -p a
' ,
Traction Companl--P a corporation, '-SAch 1 as bcen under
said ordinance* as dell as all wtrenctwlents thereto,
NO. T1 El iT OTJ IT' &0-
G1
said -ic' Ita- i-Als, Trti t I o n Go-n-,PUr1YV
be -.nd is I-ereby autl,ori2,e, to rzairetain. -:-1,nd operate street busses
.�o P 1'r 0 �Yj.nlll
01-1 .,jrjj,y, tieir nal-d PO ,u E) Of r-r
pasoenr-,ers for hire on tl c public reW:�* strectso
vid Athin the corporate 11'xAts Of the City of 1,ita
.'ICLaitu Pa Is Traction Gornp:,aiy 011`1,11� befOrc
Texz�,� * raid operatinC sai . stre t busses deli j7, �Ae in 'Ifritinr,, A til the Clerk
of tl-�e laity, t,�e public roads, squarest alleyt3 an( hit-,Jlvr%,Ys Over
bus ses. for ire an(:. file a
w, it will operate 9-tld street
sc-l.,Iedule g1)jc1,, it -will fibllo�ii am l rnain'u-,ain in 0 operation of sai
street busses*
c
ectjo, , 2. T e C Ua Falls Traction Co-.parry s "A IAl car-y
,j �- i 11 1 4
passengers over vi,e respectiv,.- lincs that it maintains for st-reet
busses for fare of ton cents (10s/.) in cas'-, for oacl passenger
boardln ; said street bust ,,�j.cjj ai :all. operate as a, fare to t'-10
A
point of destination of said strect I bus., o r ny internediate point.,
and any arid, Ltll pas ungei-:! Purc.L'as(, tickets Ire lt-h c x,- o un t of
fifty (50) or more ma-v purch-i s c t price oil,
ula t
r stre ct car fare !,�Io--,.ored t by ��e stre(I
I , �.� Ic-1.) ticj�ets s-a11 bc
car or the street bus that the ' 3.chlta Falls Traction Company shall
operate in t1r city limits of the Cit,; of 1-'ichita Falls., Texas.
6ection 3* jill transfers issued by street cars
or all stvifttl ce-ir tickets sold by street cars., sh4all be 1-konored as
full fares on ally or all street bus acs so opera- tea by the 77-Jehita
"I r
LI aFalls,
Falls Traction Company 'zi-VI in the. 111"llits Of 'he CttY Of ""icl-It
passenger-0 riding strecil- busses --hall., upon request,, receive
Lransfers toany other street bas or strc,,ot car so operated la-i the
'.1chit-'a,- Falls Traction Gomp,,-*1n-.y,- :,ind the same shall be honored accord-
in- to the rulespand regulations of the said �-Ichita Fclls Tr-1--letion.
ny.
Section 4* U-10 Wichita Fz:.U1 a Traction G'ompany in
considerat-ion of the benefits enuring to it b-,r virtue, of sa.id ordinance
Fa a xa s cTurn of Ten Dollars
shall p,ty to t'lle City Of V16hit,"! I 11s., T , t I
(, 10.00) cash ir. advance fo- eac'U calender year for each and every Street
of tl�)" l�l e
bus operatedi and in a �. �ition thereto shal-j- pay one- per cent (1 J,
gross receipts from all street busses to operate,,71 -,knd by term
"Gro ls receipts" is ;,:,eant one per cent -,of all of lie giros i fares Miich
L
orli Inate on the, streot busses other tl-,ian trans'ers from Street cars of
said carpanyo Between the fii2st and tenth of January of each year.,
thc; iclllita Falls r2ractiont. CoMpaxj s1lall file ',eIith the Clork of the City
of 17ic'i-Ata JA-11-Ls'.0 Texz-,Ls;p a shavving the total gross receipts
from t1le, street bussess, and on or before the first day of February of
GIs, Texas.,
e City of 4'ic�Ata 1-`,2,
ear;':.ear;':. yearp pay to LhO Clerk of t,A-i
one per cent (1%) ther-;of.
V4
Section 5# 11'11 "A--olt before the chita Falls Traction
Cot��q),�V to st ect bu upon
- y, its successors and asdgns.. shall oper�i- �L r , a
t-.- it sl-r- ll deposit
LIC: public street,sin the city.- of 'i.lichit,--�t Falls$ Texaq,
I with the City Clerk of �iichita Vallsj, a good and sufficient bond suiah
as may be approved by the Ut'., -Ll,f jAtorney as to form and a'-, -)roved- by the
Kayor a sto sw'..*ficiency and in `-`k- amount hereinafter required and con
ditioned that the Wichita Fall-- Traction Company,, Its successors xid
ass*gns,, shall well and truly Ply to ti-ic Mayor of said City �Vld to 'As
successor in offlee for the benufit of person or pera) ns injured
by reason of the negligent operation of such 1jehiole any amount or
amol,untz ,,ihich may be a,;ardecI b , final judgrend of any court of competent
juris " ctlon agair.tst the 'Achita Falls Tractiou Conpanyj, Its successors
and
not exceeding; ho;.,vevero for any injury to any-:Fne person the
sum, of :x'.5,,000*00 or the sum of ;;'1100#000*00 for all persorz injurfd in.
any one .accident Or occasion. ".luo'll, bond shall i'-)rovide thialt. each such
claim or cause of action shall case of the death oJ-` the
person ingured for the, beyl,--fit of tJh,,,, L gal- bencflci:irio-, of such persons
-iausted by the first recovery but
and tLat such bond shall not bee x!
shall be o t succos-�Ave recoveries a y
`end shall be subject to an- An provided
alterati0 lJS of the route or termini of sucn nehicle as here
during, t.,.C, tirise "dh'ich sane ohalI continue in effect, ;.;Uld bond shall
further provide for and operate to the benefit of any person suffering
damage to 'Lls property the negligent pperation of said vehicle
in a sun not exceeding -z',1,9000-000
,->uch bond hhall be executed by a solvent siirety conpany
qua:.}, to tr:4nsact busing,,,—,. in the z'Aate of Texas, or sue.1t bond may
be a personal bond if signod "by tao car more good anci sufficient sureties.,
if either are worth Me amou
nt ount Of the bond above his exerniptio-no as pro-
vided by law, and *provided furtlie�,-, that w1henever the roard -k of -ldenner-
sh&ll deem that a nev,; or adcl tional bond is necessary for the public, it
may require the giving; of a noz, or add tional bond end the is
Traction Company,, its succes�lzors and assigns, shall i�Vib'1.,Iin. five days
after receivinr,; written notice of such requirement provide new or
': ,erein, '-
addit-Lo-ne,l bo-,Id, Wit-11 tl'iC torms', amounts and conditions ar
re-
quired; and provided further that any surety or insurer may by written
den a- nd require that a new bond be given by the Ac�-.,Ata Falls Tractio.a
Corlp,,Inyo its successors and asdgns,, withIng five days., dndl the City
f31-lUll tliereupon give notice o.-: same to the -1clPita Falls 17r,actior.
Cornpanys, its successors -ind assIgns and upon filing-, of such new bond
sl- 12,ot warty or insurer from furthWr liability to all ("I schla�.-go six 4,'
acciaue after the time of the ap^roval of such new bond; and prov e, I
further Izat said city shall not be, deemed to have assuzrne--`� any pecuniary
responsibility for the solvency of any said surety or insurer or in thy
manner to have become liable for any mm on account of any such claim
or on account of any act or omisAon of any officer or officers of the
city in connection with any matter relating to such mehicle or
vehicles, nor shall the JLwful liability of the 'Achita Dalis Traction
Company, its successors or assigns be in any manner Ofther liz-Ated
or onlarged by anything in connection with this ordinance or such permit
or bond ..ut persons having an'T cause, ofaction secured thereby shall
be authorized to sue upon such boric ;vithout impleadi-g the City of
ie vita 1aallss Texas *
section 6. I�alls Traction Company shall
keep a set of books separate and indepdndent from the street car
operations showing the gross receipts obtained by it from the operation
of the street busses, ai-ffl the Clerk of t1j.0 City or any auditor as
des ig-n -tted by the Board of ildemien of the City of 'Achita Falls$, Texas,
sllall I-cave the right at any time to inspect those books or audit the
same for the purpose of makin',1- settlement '4l;itllii the v'Achita Falls Tractiln
Company*
section 7* The aord "street" shall mean and include
any streets avenue, alle7s hig1laways sqtvire or park within tho city limits
of the city of !f'L"Ic.'Ata Pal ! S., Texas.,
L;ection 8* T.be word ""Street Busil sl-,tal mean -nd include
any automobiles truck or traclfles:� motor vehicle op(-ratinr-,, upon any
street within,-: the limits of the City of Wichita Falls when engaged in
the business of carrying passeng,,ers for hire between points Athin said
city* or between points within s.,11d city and points -within said city an
not -.,Athing, another Incorporated city or town -nd wbich� is ):.eld out or
announced by sign, writings device or advertisement to operate or run
or which is intended to be o-erated or run over a particular street or
route or to any particular designated point or between particular poi is
to or vvibhin the designated territory, district or zone ,�itl-dnprsAid city
or betwecn any point within said city ant any point, without sa-ld city -trid
not ',,Athin another Incorporated city or to%n.
I.ection 9. It is further provided herein that this
or,dinance or franchise herein granted Is decla��ed to be an amendment to
Ordinance No, 108s granted to Joseph i�. Kemp and .114trbank Kell on the 27th
day of Januarys 1909, with tile amendments th.eretos, and that this franchise
shall terminate ,vith the original franchise herein referred to of w.,LAch
this is made a supplement arm �t part.
This ordinance passed -:u, .d ep proved this
Llf,-Lyor.
A` T'J "P:
city Clerko
Approved as to form:
City Lttorney*