HomeMy WebLinkAboutOrdinance 1998 ORDINANCE NO. LW
AN ORDINANCE, TO GRANT A PRIVILEGE, RIGHT
AND FRANCHISE FOR THE OPERATION OF MOTOR
BUSES OR OLVIBUSPS UPON 7HE STRMVS OF
THE CITY OF FORT WORTH, TEXAS TO JOSEM
ELDRIDGR AND C. E. KITCHELL, BMEEIRAFTER
TO BE INCORPORATED AND KNOWN AS THE FORT
WORPH BUS COMPANY; AND PROVIDING THE RATES
TO BE 0HARGED AND THE TMW AND CONDITIONS
UNDER WHICH SUCH BUSES ARE TO BE OPERATED;
AND PROVIDING CONDITIONS OF FORFEITURE6
WHEREAS, under the provisions of Section 5, Chapter 27 of the Charter
of the City of Fort Worth, and after a hearing duly and regularly held, the
City Council finds that a necessity and convenience exists for the granting
of a privilege to some reliable person, firm or corporation to operate motor
buses for hire on the streets of the City of Pbrt Worth at rates not to exceed
five cents (5¢) for adult persons and half-fare for children of twelve (12)
years or less; and,
WHEREAS, proposals have been submitted by reliable persons and firms
for such privilege, right and franchise to operate motor buses on the public
streets of said city, and they have agreed, in consideration of such grant,
that they will operate such motor buses on the streets and thoroughfares of
said city upon each of the terms and conditions hereinafter set out, all of
which are agreed to by them, with full knowledge that the City of Fort North can-
not under the Constitution and laws of the State of Texas grant to them sn ex-
clusive franchise and cannot under the law waive or surrender its power to re-
duce rates, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS;
SECTION 1•
That in consideration of the acceptance by Joseph Eldridge and 0. E.
Kitchell of the terms and conditions hereinafter set forth and their agreement
to abide by and conform to all the provisions, conditions, terms, requirements
and limitations hereof, a privilege, right and franchise is hereby granted to
the said Toseph Eldridge and C. E. Mitchell, and their successors and assigns,
to maintain and operate in, upon, along and across the public streets and thor-
oughfares of said city, as more partioularly hereafter described, motor buses
for the accommodation and transportation of passengers for hire, and in connec-
tion therewith to make all necessary or convenient stops for the receiving and
discharging of passengers at such places as may be reasonable or may be dssig-
nated from time to time by the City Council. The said City Council agrees to
zone off and designate bus zones for the safe loading and unloading of passen-
gers and to pass an ordinance creating such zones and to strictly enforce same.
SECTION 24
The said Toseph Eldridge and C. E. Mitchell by the acceptance of the
terms and conditions of this ordinance agree that they will during the term
of this privilege, right and franchise operate motor buses along the streets
and thoroughfares designated as herein elsewhere shown, unless permission to
change such routes is granted by the City Council• It is further agreed that
the said buses will be operated upon a schedule calling for at least one bus
each way at least every fifteen minutes during the hours from six o'clock in
the morning until eleven o'clock at night, unless permission to change said
schedule is granted by the City Council; off-schedule cars to be operated at
midnight and five o'clock A. -i.
SECTION 34
The term of this privilege, right and franchise shall be twenty-five
(25) years from and after its effective date.
SECTION 44
In addition to the above, the following terms, provisions, conditions
and agreements must be and are consented to herewith and agreed to by Toseph
Eldridge and C. E. Mitchell as the consideration which they give for the grant
of the franchise and privilege to them;
(a) The fare to be charged for transportation of passen-
gers on said buses shall not exceed five cents (50) for
each adult passenger and half-fare for children twelve
(12) years of age and less. Children under five (5) years
of age not occupyin- seats shall be carried free. For
such fare, each passenger shall be entitled to one con-
tinuous trip in one general direction along the grantees'
usual route or routes from any point therein, either by
direct routes or by means of a transfer to and including
any point within the City of Fort Worth, Texas.
(b) The grantees shall furnish free transportation for all
employees of the police Department of the City of Fort
Worth, Texas, either in uniform or not, all of which shall
be regularly employed, and Are on the payroll of the City
of Fort Worth, Texas; all members of the Fire Department
shall be furnished free transportation to and from their
stations where regularly employed*
(a) Grantees agree that they will pay to their employees the
following wage scale for the first two years, and not less
than the amounts shown opposite the classes nameds
Operators - Beginners 460 per hour
Operators - After one year 509j per hour
Skilled labor 50V per hour
Semi-skilled labor 43$ per hour
Common labor 32¢ per hour
(d) Grantees agree to maintain a general office in the City
of Fort Worth and maintain adequate repair shops and storage
barn within the corporate limits of the City of Fort Worth*
(e) The accounts of the company shall be kept in accordance
with a nationally recognized system of accounts separate from
any other operations of the company. Said company shall file
with the Utilities lingineer of the City of Fort Worth a quarter-
ly statement showing a balance sheet, operating statement, a
detailed statement of additions and retirements, and a state-
ment showing passengers carried and bus miles operated.
(f) It is contemplated and agreed that this privilege, right
and franchise may be transferred and assigned to a corporation
duly incorporated under the laws of the State of Texas as an
operating company separate and distinct and in no way affiliated
with any other corporations or holding companies, and no further
transfers or assignments shall be made without the written con-
sent of the City Council*
(g) The grantees shall at all times carry liability insurance
for the protection of their passengers and for the protection
of the public. The minimum amount of such insur=as in force
at all times shall be the sum of $5,000400 to cover damgges to
property, the sum of $10,000*00 to cover injury to any one per-
son, and the sum of $20,000600 to cover injuries to one or more
persons in any one accident*
(h) During the term of this privilege, right and franchise
the grantees, their suadessors and assigns, will pay to the
City of Fbrt Worth annually an amount equal to two per cent
of the gross income realized from the operation of such buses,
and the City of Port Worth shall have access to all books and
records of the company, at reasonable times, for the purpose
as ascertaining the amounts due as provided for herein. Said
two per cent gross receipts tax is to be paid in lieu of ease-
ment and all other ad valorem assessments or license taxes
for the use of said streets, and shall be paid in addition to
ad valorem taxes levied and assessed against the physical
property of grantees.
(i) This franchise, right and privilege is granted upon the
further condition that the City of Fort Worth shall have the
right to purchase the property operated hereunder at any time
after ten years subsequent to its Hate hereof at the actual
replacement value of said property, less depreciation, the
replacement value to be determined in case of disagresomt be-
tween the city and the owner of the property by arbitration
as provided by the statutes of the State of Texas.
SECTION 5i
Nothing herein shall restrict the right or power of the city to adopt
and enforce suitable regulations or ordinances, or otherwise, governing the
qualifications of drivers, the brakes and the lights on the buses and any other
measure which it may deem necessary or advisable for the safety, comfort and
convenience of the passengers and of the publio: The City of Fort Worth agrees
to pass and enforce ordinances regulating other motor vehicles for hire of all
nature and description, prohibiting such vehicles for hire from cruising routes
over and upon which motor buses of Joseph Eldridge and C. E. Mitchell operate,
and further providing that all other companies engaging in the business of
handling mass transportation shall be subject to the same regulations as im-
posed upon the grantees under this section. In the event such regulations as
are provided in this section are not imposed upon other operating companies,
then grantees, after due hearing, shall be relieved of compliance with such
regulations•
SECTION 8.
The grantee shall begin operations upon all routes hereinafter set
forth and shown in the diagram hereto attached marked Exhibit "A" as soon as
practicable after the effective date of this ordinance and in no event more
than one hundred fifty (150) days after such date, and failure to do so shall
be deemed and considered an abandonment of the rights herein granted, in which
event the City Council may at its discretion, upon thirty (30) days* written
notice to the grantees herein, declare this privilege, right and franchise for-
feited, and the grantees shall promptly remove their equipment from the streets
and thoroughfares; and further conditioned that the grantees shall as soon as
practicable thereafter, and in no event more than two hundred (200) days from
and after the date of the commencement of operation of buses on routes as
shown in Exhibit "A", begin operation upon all routes as shown in the diagram
hereto attached and marked Rrhibit "B*. In the event any delay in the manufac-
ture and delivery of the equipment should result from strikes, floods or acts
of God, or in the event operations are prevented by court proceedings, grantees
will be granted an extension of time until such conditions are relieved, be-
come normal and cease to existo
SECTION 7.
It is hereby stipulated and understood that the grantees shall in no
event be relieved from their obligation on any of the routes designated in Ex-
hibit "B" as hereinbefore provided unless it is shown to the City Council that
service is rendered on any of such routes in all respects similar to that pro-
posed to be rendered by grantees at the same rates provided for in this ordi-
nance; otherwise, service must be rendered by the grantees on each and all of
said routes strictly under the terms, provisions and limitations herein provided.
SECTION 8•
It is agreed and expressly understood by all parties affected by
this ordinance that in the event the grantees or their successors or assigns
should attempt to increase any of the rates stipulated in this ordinance, all
rights and privileges herein granted shall in the discretion of the City Coun-
Oil, upon fifteen (15) dayst en itten notice, be forfeited, and the grantees
shall immediately remove all of their equipment from the streets and cease all
further operations.
SECTION 9.
It is understood and agreed that the rights and privileges hereby
granted are subject to the existing Charter and ordinances of the City of Fort
Worth and the laws and Constitution of the State of Texas.
SECTION 10.
The grantees agree that within sixty (60) days after the acceptance
of the above franchise, privilege and right they will execute and deliver to
grantor a good and sufficient performance band, signed by a reliable surety
company, in the principal sum of Twenty-five Thousand Dollars ($25,000.00),
or in lieu of such surety bond will deposit with the City of Fort Worth Twenty-
five Thousand Dollars ($25,000*00) in cash or Twenty-five Thousand Dollars
($25,000.00) in bonds approved and accepted by the city, conditioned that the
grantees will begin the operation of the buses in accordance with the provisions
of said franchise, privilege and right and at the time therein specified. It
is contemplated between the parties that should there be a failure on the part
of the &V=teep to begin operations at the time stipulated+ grantor will sus-
tain a substantial loss, and it is agreed between the parties that the prinai-
pal sum of this bond is a fair and reasonable estimate of such loss and that
such amount shall constitute liquidated damages and shall not be construed as
a penalty.
SECTION 11•
If any section, subsection, sentence, clause or phrase of this ordi-
nance is for any reason held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and
each valid section, subsection, sentence, clause and phrase thereof even if
it had known that any one or more sections, subsections, sentences, clauses
or phrases would be declared unconstitutional and invalids
SECTION 12 s
This franchise, privilege or right shall become effective and be
binding upon the grantees and the City of Fort Worth after its publication
once a week for four consecutive weeks, within a period of thirty days after
its passage, and provided that within ten days after the said publication is
com$leted the grantees file a written acceptance of the terms hereof the
grantees.
PASSED AIM APPROVED this day of A. D. lMo
PROPOSED BUS ROUTES
(1) So. Summit-0akhurat
On Townsend from Butler to Cleburne Road; on Cleburne Road to Berry
Street; on Berry to Fairmount; on Fairmount to Morgan; on Morgan to Eighth
Avenue; on Eighth Avenue to Pennsylvania; on Pennsylvania to Ballinger; on Bal-
linger to West Lancaster; on West Lancaster to Henderson; on Henderson to Texas;
on Texas to Burnett; on Burnett to Tenth; on Tenth to Houston; on Houston to
Weatherford; on Weatherford to Commerce; on Commerce to Belknap; on East
Belknap to Sylvania; on Sylvania to Twenty-eighth Street. Return trip: north
of Court House on Belknap and west of Court House on Houston•
(2) Arlington heights Polytechnic
On Pershing to Hervis; on Hervie to Birahman; on Birohman to Prevost
(loop); on Prevost to Byers; on Byers to Camp Bowie Blvd.; on Camp Bowie Blvd.
to West Seventh; on West Seventh to West Sixth; on Sixth to Commerce; on Com-
merce to East Lancaster; on East Lancaster to Boaz; on Boaz to Vickery Blvd.;
on Vickery Blvd♦ to Nashville; on Nashville to East Rosedale; on East Rosedale
to Bishop; on Bishop to Avenue T; on Avenue T to Byers; on Byers to Avenue H;
on Avenue H to Miller; on Hiller to Avenue T (loop). Return same route.
(3) Rivererest Riverside
On Dorothy Lane from West Seventh to West Fourth; on West Fourth to
Westview; on Westview to West Seventh; on West Seventh to Washington Terrace;
on Washington Terrace to -4attison; on Mattison to Virginia Place; on Virginia
Place to West Seventh (loop); on West Seventh to Penn Street; on Penn to Weather-
ford; on Weatherford to Thorekmorton; on Thorekmorton to Third; on Third to
Harding; on Harding to East Fourth to Frey; on Frey to Yucca. Return same
route.
(4) Hemphill Seminary Rosen Heights
On Gambrell from Santa Fe tracks to Hemphill; on Hemphill to Magnolia;
on Magnolia to South Main; on South Main to Lancaster; on Main to Weatherford;
on Weatherford to Commerce; on Commerce to North Main; on North Alain to Twenty-
fifth Street; on Twenty-fifth Street to Azle Road; on Azle Road to Rock Island•
Return trip: West of Court House on Houston and south of Court House on Weather-
ford to Main.
(5) T. 0. U.-Cen_tral.AYxmie
On University Drive from Benbrook Blvd. to Cantey; on Cantey to Waits;
on Waits to Park Hill Drive; on Park Hill Drive to Forest Park Blvd.; on Forest
Park Blvd. to Park Place; on Park Place to Terome; on Jerome to Mistletoe Blvd.;
on Mistletoe Blvd. to Eighth Avenue; on Eighth Avenue to Magnolia; on Magnolia
to South Main; on South Main to Lancaster; on Main to Weatherford; on Weather-
ford to Commerce; on Commerce to North Main; on North Main to Central Avenue;
on Central Avenue to Homan; on Homan to Park Avenue; on Park Avenue to Belmont;
on Belmont; on Twentieth to Hagan; on Hagan to Twenty-first; on Twenty-first
to Lincoln; on Lincoln to Central Avenue (loop). Return trip: West of Court
House on Houston and south of Court House on Weatherford to Main.
(6) Glen Garden, Rosedale- Diamond Hill
On Boman Springs Road from Reed to Nolan; on Nolan to Knox; on Knox
to Wichita; on 1fichita to Bowman Springs Road (loop); on Bowman Springs Road
to Vaughn; on Vaughn to Rosedale; on Rosedale to South .lain; on South :fain to
Lancaster; on Main to 4eatherf6rd; on Weatherford; on Weatherford to Commerce;
on Commerce to North Main; on North ,fain to Thirty-third Street; on Thirty-
third Street to Decatur Road; on Decatur Road to Dewey; on Dewey to Hutchinson;
on Hutchinson to Twenty-eighth Street; on Twenty-eighth Street to North .lain
(loop)* Return trip: est of Court House on Houston and south of Court House
on Weatherford to Un4
(7) Como. E1 Campo-Third Bard
On :derrick from Camp Bowie Blvd. to Houghton; on Houghton to F2evost;
on Prevost to Bonnell; on Bonnell to Horne; on Horne to Camp Bowie; on Camp
Bowie to Merrick (loop); on Camp Bowie to E1 Campo; on L1 Campo to Clover Lane;
on Clover Lane to Camp Bowie; on Camp Bowie and West Seventh to West Sixth; on
Sixth to Commerce; on Commerce to Ninth; on Ninth to Harding; on Harding to
Fifteenth; on Fifteenth to Crump; on Crump to Lancaster; on Lancaster to Terry;
on Terry to Nineteenth; on Nineteenth to Crump (loop). Return trip: Same
routei
(8) Samuels Avenue-Sycamore Heights Lancaster
On Samuels Avenue from Poindexter to Pecan; on Pecan to Elm; on Elm
to Belknap; on Belknap to Commerce; on Commerce to Weatherford; on Weatherford
to Hain; on Main to Lancaster; on East Lancaster to Purrington; on Purrington
to Ayers; on Ayers to Ileadowbrook Drive; on Asadowbrook Dive to Edgewood Ter-
race; on Edgewood Terrace to Norma; on Norma to Tierney Road; on Tierney Road
to Last Lancaster; on East Lancaster to Ayers; on Ayers to Purrington (loop).
Return trips Same route.
(8) College Avenue
on Shaw from Henderson to College; on College to Lowden; through
underpass to South Adams; on South Adams to Tessamins; on Tessamine to College;
on Collega to Rio Grande; on Rio Grande to Tennings; on Sennipge to Eleventh;
on Eleventh to Throokmorton; on Throokmorton to Weatherford; on Weatherford
to Houston; on Houston to Tenth; on Tenth to Jennings (loop). Return trip:
Same route.
(10) Henderson
on Henderson from Morgan to Arlington; on Arlington to Fifth Avenue;
on Fifth Avenue to Morgan; on Morgan to Henderson (loop); on Henderson to Texas
Street; on Texas to Burnett; on Burnett to Tenth; on Tenth to Throckmorton; on
Throokmorton to Weatherford; on Weatherford to Houston; on Houston to Tenth
(loop). Return some route.
(11) Evans Avenue
on Evans from Mulkey to Rosedale; on Rosedale to South Main; on South
Main to Lancaster; on Main to Weatherford; on Weatherford to Commerce; on Com-
merce to Belknap; on Belknap to Houston; on Houston to Weatherford; on Weather-
ford to Main (loop). Return trip: Same route.
(12) Lakeview
On Yuma from Richmond to Mansfield Road; on Mansfield Road to Fabens;
on Fabens to Terrell; on Terrell to Kentucky; on Kentucky to Rio Grande; on Rio
Grande to Boat; on Boaz to East Lancaster; on East Lancaster to Main; on Main
to Weatherford; on Weatherford to Commerce; on Commerce to Belknap; on Belknap
to Houston; on Houston to Weatherford; on Weatherford to Main (loop). Return
trip same.
(13) St. Louis
On St. Louis from Richmond to Tucker; on Tucker to Jennings; on Jen-
nings to Eleventh; on Eleventh to Throckmorton; on Throckmorton to Weatherford;
on Weatherford to Houston; on Houston to Tenth; on Tenth to Jennings (loop).
Return trip: Same route.
(14) T. & P. shuttle
on Montgomery from Camp Bowie Blvd. to Granbury Road; on Granbury
Road to Rest end of Lancastera
ORDINANCE
I �7.
Y No.-4-�r1
Titled%� g .
Date1 � �� z!
Filed day of
L
City Secretary