Ord 656 #2 12/14/1925 UTRD 1j)XCE 140. 656
A.N 0111DINiUME G111"A2<TIING TO :ICHI-I'TA FA�,LS T-.-ACTION 001iU'ANY -ITI)
ITS ASt3IGNS THE JG1U TO LIA114TAIN M) UPERATE ',,110TOR TRUCKS, jITNEYS),
AJID BUSSES OVER -,JTD ).�LOITG lu.s' -,,ITBL'rC R0081, SMUT',ETS, SQUARES, ALLEYS
'CI
A11M HIGjjvjAYS OF THE uITY ON WICHITA *nr1].ZS, TEXAS, Y"OR THE -11URPOF11 OF
11
"AS:> GEYS eOR HIRr' -
WHERE.,',S, by ordinance no. 108, dated January 27th, 1909 , the
City council of the City Of -,,vichita .':!all3, Te-xas , granted to Joseph
A. yemp and rrank Kell, of ",lichita rails, Texas , the right to con-
stiuct, maintain and operate a street car line over certain streets
in the Oity of 1,vichita Palls. and,
U I-MEAS, siid rights and franchise having heretofore bem tran-
sferred by Joseph A. Kemp and F :Falls Tract-
rank !.ell to the 7-ichita
ion Company, a corporation, which has been operating under said ordi-
nance, as well as all w,,iendments thereto,
Novi HB_7,*Ell!ORE, BE IT ORI),,1TITED bY "2HE 11 0" OF THE
CITY U`F �*ICHITA yALLS, T.H7,,kS:
SECT 101,11 1- That the said Wichita galls iraction Company, be,
and is hereby authorized to maintain and operate street busses in
connection with their said business, for the purpose of carrying
passengers for hire on the public roads, streets, squares, alleys
and highways within the corporate limits of the city of Wichita
Falls, Texas- said Wichita malls Traction UoMpany shall before
operating said street busses designate in writing, with the Clerk
of the City, the public roads , squares, alleys and hi,.,,hw,-,tys over
v,.-hich it will operate stdd street buy,oes for hire and file a sche-
dule vhich it will follow tind maintain in the operation of said
street busses.
SECTION 2. The Wichita ralls Traction company shall carry
passengers over the respective lines that it maintains for street
busses for a fare of ten cents ( 10(/) in cash for each pas,,,,enCer
boarding said street bus, which shall operate as a fare to the point
of destination of said street bus, or any intermediate point,, t-did any
and all passengers who purchase tickets in the amount of fifty (50)
or more i,.iay purchase the sa.ie at the price of the regular street car
fare, vlaich tickets shall be honored by the street car or the street
bits that the wichita Falls Traction oompany shall operate in the City
Limits of the City of 1,*Iichita Falls, lj!exas .
SECTION 3. All transfers issued by street cars or all street
oar tickets shld by street cars , shall be honored as full fares on
any or all street busses so operated by the YIichita Falls Traction
Company within the limits of the Yity of ',Achita ralls, Texas. All
passengers riding street busses shall, upon request , receive transfers
to arW other street bus or street car so operated by the Wichita Falls
Traction oompany and the same shall be- honored according to the rules
and reLulations of the -aid '.dish its, 'Falls 'J.'raction conipany.
SECTION 4. The Wichita -ills Traction company in consideration
of the benefits enuring to it by virtue of said ordinance shall pay to
the City of Wichita Falls, Texas, the sum of Ten Dollars (�10-00) cash
in advance for each oalender yea-F for each alid every street bus oper-
a, ed, and in addition thereto sha"Il pay one per cent (11/a) of the gross
receipts from all street busses so operated , and bl: the term "Gross
receipts" is metint one per cent of all of the gross fare,-, which ori-
ginate on the street busses other than transfers from street oars of
said company* Between the first and tenth of January of each year, the
64ichita ralle Traction uompany shall file with the Clerk of the City
of Wichita Falls, Texas, a statement showing the total gross receipts
from the street bus,-:es , tuid on or 'before the -first oa-y of Tlebruary df
each year, shall pay to the Clerk of the city of tJichita Falls, Texas,
one per cent (1�6) thereof.
SECTION 5. 'That before the Wichita .01alls Traction Company, its
successors and assigns, shall operate a street bus upon the public
streets in the City of Wichita Falls, Texas, it shall deposit with
the City Clerk of Uichit4 xalls, a good ,,nd sufficient bond such as
may be approved by the Uity Attorney as to form and approved 'by the
!Aayor as to sufficiency and in the amount hereinafter required and
conditioned that the I'lichita Yalls Traction Company, its successors
and assigns, shall well and truly pay to the '-,'.ayor said City and to
his successor in office for the benefit of any person or persons
in4ured by reason of the negligent operation of such vehicle any
amount or amounts WrAch may be awarded by final judgment of any court
of competent jurisdiction ag,-,Anst the ";4ichita Yalls Traction Company,
its successors and assigns, not e-o:-ceeding however, for any injury to
anyone person the sum of y�6,000.00 or the sum of ;;100,000.00 for all
persons injured in any one accident or oc,-Aision. Such bond ::hall
provide that each such claim or cause of action shall pXxzxxYkmx
survive in case of the death of the person injured for the benefit df
the legal beneficiaries of such persons and that such bond shall not
be exhausted by the first recovery but shall be subject to successive
recoveries and shall be sul)ject to any alterations of the route or
termini of such vehicle as herein provided during the time which same
shall continue in effect. 13flid bond shall further provide for and
operate to the benefit of any person suffering damage to his property
through the negligent operation of said vehicle in a sum not exceed-
ing V1,000.00.
Such bond shall be executed by a solvent surety company quali-
fied to trapsact business in the State Of Texas, or such bond may
be a personal bond if signed by two or more good n,nd sufficient sure-
ties , if either are north the amount of the bond ai;ove his exemptions
as provided by law, Laid provi,,tt.d further that whenever the board of
LlGermen shall deem that a new or additional bone, is necessary for
the public, it ii- ay, require the giving Of a new or additionql bond and
the I.Wichita P*alls Traction Uompany, its successors acid assigns , shall
within five days after recoivinL written noticcof such reqairement
provide new or additional bond, with the arms , amounts tend conditions
as herein reqmired; and provided further that any surety or insurorm
may kx by written demand require that a new bond be given "by the `�Iichit
Falls, Traction Oompanjr.Jts successors and assigns, within five clays,
and the Uity shall thereupon give notice of .-aiae to the Wichita ralls
Traction Company, its successors ,uid assi,Iis ano upon filing of such
new bond shall discharge such first _surety or insurer from further
liability to accrue after the time of the approval of such new bond;
and provided further that said city -hall not be deeded to ',,.ave assum-
ed any pecuniary responsibility for the solvency of any said surety
or insurer or in any manner to have become liable for any sum on acc-
ount of any such claim or oil account of any act or omission of any
officer or officers of the city in connection with any matter relating
to such vehicle or vehicles, nor :.:hall the lawful liability OIL the
Wichita li'allS Traction uom.pany, its successors or assigns be in any
manner either limited or enlarged by anything in connection with this
ordinance or such permit or bond but persons having any cause of action
secured thereby shall be authorized to sue upon such bond without
implead,ing the Uity of 1"ilichita tfails, Texas.
SECTION 6. The Wichita walls 'Traction Uoripany shall keep, a set
of books separate and independent from the street car operations show-
ing the gross receipts obtained by it from the operation of the street
buses, and the Clerk of the City or any auditor as designated by the
R board of Aldermen of the Uity of 4ichita ITalls, -Vexaso, shall have the
right at any time to inspect those books or audit the same for the
purpose of making sk settleL2ent with the 'Achita Falls Traction Company.
SECTION 7* 'ehe word "street" shail mean and include any street ,
avenue, allay, highway, square or park within the city limits of the
City of wichita falls. oxas.
SECTION B. i!he word "Street ims" shall r-,ieun Laid include tiny
automobile, truck or trackless motor vehicle operating upon any street
within the limits of the City of ,iichita valls when ene;a�.-ed in the
business of carrying pas,,-,engers for hire betv.,een points within said
city,
and not within another incorporated city or town and which is held out
or announced by writing, device or advertisement to operate or
run or vhich is inteneled to be operated or run over a particular street
or route or to any particular desivated point or between particular
points to or within the desi,. nated territory, district or zone vithin
said city or between tiny point within said city -..nd any point without
said city wid not within another incor-
porated city or towno
SECTION 9. It is further provided herein that this ordinance or
franchise herein granted is declared to be an amend-,,ient to urdinance,
No. 108, granted to Joseph A. ,,,emp end Fran1c, .::.ell on the '27th day of
January, 1999, with the tunendments thereto, and that this franchise
shall terminate with the original franchise herein referred to of
which this is i,,iade a supplei.ient tu-id a part.
This ordinance passed rand approved this t1h.e 14th day of 1)ecer-'Iber
1925.
zji �ned: E. shepherd,
Attest:
Wo h. 1.1cBroom, City Clerk
Aloproved as to form:-
W. -i ueorge, City Attorney.
:3Tj,,ATE 0-F TDM'AS
CCUNTY OF ",:10117"'A
iv. &o jchroom, City Olerk, hereby certify that the fore-
going ordinance iao. 656 is true and correct as recorded in tre
Office of the Uity Clerk
1925. witness my hand and Ufficial seal this —day of Decei.iber.
Uity Clerk